17.00.090 Amendments to land use regulations and the general plan.
A. The city council, after a recommendation from the planning commission, may amend the number, shape, boundaries, or area of any zone; any regulation of or within the zone; the general plan, or any other provisions of this title.
B. Amendments may be initiated by the city council, the planning commission, or by one or more owners of property affected by the proposed amendment. Unless initiated by the city council or planning commission, no amendment shall be considered without evidence of the acquiescence therein of the owners of the property involved.
C. The city council shall only accept applications to amend the general plan twice a year, during the months of March and September. This section shall not limit the city council, planning commission, or authorized city staff from initiating a general plan amendment at any time.
D. The amendments may only occur in accordance with the following procedure:
1. Submission. Any person, including staff, the planning commission or city council, seeking an amendment to this title, the zoning map or the general plan shall submit to the planning commission, on application forms provided by the city, generally including the following:
a. A description of the specific amendment to this title or zoning map.
b. The reason and justification for the proposed amendment addressing all of the following:
i. How the proposed amendment would further the purpose and intent of this title;
ii. How the proposed zoning amendment is consistent with the general plan;
iii. How the proposed amendment meets the needs and policy of the city as expressed by the legislative body in stated goals and objectives found in the general plan; and
iv. If the proposed amendment is inconsistent with the general plan, the applicant shall submit, concurrently with the amendment application, an application for amendment to the general plan.
2. Supporting documentation, maps, conceptual site plans, elevations of proposed buildings, studies and any other information that would promote informed decision-making by the city council.
3. The payment of the appropriate fee in accordance with the city fee schedule.
4. Upon receipt of the application, the planning commission, in its regularly scheduled meeting, shall conduct a public hearing and receive information from the applicant and other interested parties, which may affect the request for amendment. The planning commission, after consideration of this information, shall make a recommendation to the city council on the proposed amendment.
5. A copy of any proposed amendment shall be submitted to the city council and shall be accompanied by the recommendations of the planning commission.
6. After receipt of a copy of any amendment from the planning commission and before adopting any amendment, the city council shall set the matter for public hearing.
7. After the public hearing, the city council may:
a. Adopt the amendment as proposed;
b. Modify the amendment and adopt or reject the amendment; or
c. Reject the amendment.
E. In case an application for a change of zone is denied, a new application for the same zoning change affecting the same property shall not be eligible for reconsideration for one year subsequent to such denial.
F. City council denial of an application to amend the general plan shall preclude a person from filing another application covering substantially the same subject or property, or any portion thereof, for one year from the date of the disapproval. This section shall not limit the city council, planning commission, or authorized city staff from initiating a general plan amendment at any time.
G. Conditions to Zoning Map Amendments.
1. In order to provide more specific land use designations and land development suitability, to ensure that proposed development is compatible with surrounding neighborhoods, and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following:
a. Uses;
b. Dwelling unit density;
c. Building square footage; and
d. Height of structures.
2. A zoning map amendment attaching any of the conditions set forth in subsection (G)(1) of this section shall be designated “ZC” after the zoning classification on the zoning map.
3. If any zoning condition is declared invalid by a court of competent jurisdiction, then the entire zoning map amendment shall be void. Any deletion in or change to a zoning condition shall be considered an amendment to this title and shall be subject to the requirements of this chapter.
4. The attachment of conditions to any zoning map amendment shall not affect the applicability of the requirements of any conditional use. [Ord. 12-21-2021A § 1 (Exh. A); Ord. 08-17-2021B § 2 (Exh. A)].