Chapter 17.24 ZONING/LAND USE ADMINISTRATION

Chapter 17.24
ZONING/LAND USE ADMINISTRATION

Sections:

17.24.040 Determination on unlisted uses.

17.24.010 Zoning map changes.

(A) Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify this action, zoning boundaries on the official zoning map may be amended through the procedures established in this Title.

(B) Applicability.

(1) A change in the boundaries of any zone on the official zoning map may be initiated by filing an application for a zone change as prescribed in this Title. If the property for which rezoning is proposed is under more than one ownership, all the owners or their authorized agents shall join in filing the application. If deemed appropriate by the City to expand the boundaries of any proposed zone change, notice shall be given to all property owners within the proposed expansion boundaries pursuant to the requirements of PMC § 17.20.020 (Notification procedures).

(2) A change in the boundaries of any zone may be initiated by the City Council.

(C) Review Authority. The Planning Commission shall review and recommend approval, approval with conditions, or deny an application for a zone change at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation to the City Council.

(D) Application Procedure.

(1) An application for a zone change shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.

(2) An application for a zone change shall be filed concurrently with any other application(s) required for the project on the same property.

(3) The Director may require additional information if deemed necessary to enable the Review Authority to determine whether the zone change is consistent with the standards of this Title and the maps and policies of the General Plan.

(E) Action by Planning Commission.

(1) The Planning Commission shall hold a public hearing on each application for a zone change. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures).

(2) The Planning Commission shall determine whether the proposed zone change is consistent with the required findings for approval as set forth in Subsection (G) of this Section, and if so, shall recommend to the City Council that the zone change be granted or granted in a modified form. If the Planning Commission determines that the proposed zone change does not meet the required findings for approval, the Planning Commission shall recommend denial to the City Council.

(3) When the Planning Commission determines that a change to a zone other than the proposed zone specified in the hearing notice is desirable, the Planning Commission may recommend an alternate zone to the City Council.

(F) Action by the City Council.

(1) Upon recommendation of the Planning Commission on a proposed zone change, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures).

(2) Following the closing of a public hearing, the City Council may approve, modify, or deny the recommendation of the Planning Commission; provided, that any modification of the proposed zone change by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation. Failure of the Planning Commission to report within 40 days after the reference shall be deemed to be approval of the proposed modification by the City Council.

(3) In approving a request for a zone change, the City Council shall make specific findings as specified within Subsection (G) of this Section.

(G) Required Findings for Approval. Approval of a zone change shall be based on the following findings:

(1) The proposed zone change is consistent with the goals, policies, and objectives of the General Plan; and

(2) The proposed zone change will not have a substantial adverse effect on surrounding properties or the community in general.

(H) Prezoning.

(1) For the purpose of establishing zone boundaries to become effective only upon annexation, property outside the corporate boundaries of the City and within the City’s adopted sphere of influence may be classified within one or more zones following the procedures for a zone change pursuant to this Section.

(2) Upon passage of an ordinance establishing the applicable prezoning designation for property outside the corporate boundaries of the City, the official zoning map shall be revised to show the “prezoned” classification to become effective upon annexation. The official zoning map shall also identify each zone or zones applicable to the property with the label of “PZ” in addition to such other zone designation as may be applicable.

(I) Post-Decision Procedures.

(1) New Application Following Denial. Following the denial of an application for a zone change, an application for the same or substantially the same change shall not be accepted within one year of the date of denial.

(2) Updated Map. A zone change shall be indicated on the official zoning map. (Ord. 1603 § 4 (Exh. I), 2023)

17.24.020 Zoning Ordinance amendments.

(A) Purpose. These provisions are intended to provide the City Council with a procedure to amend this Title when deemed necessary or appropriate to protect public health, safety, and welfare or to implement the goals, policies, and objectives of the General Plan.

(B) Applicability.

(1) If property that is the subject of an application is under more than one ownership, all of the owners or their authorized agents shall provide written acknowledgment of the submittal of the application.

(2) A Zoning Ordinance amendment may be initiated by the City Council. An application for a Zoning Ordinance amendment shall be filed concurrently with any other applicable application(s) required for a project on the same property.

(C) Review Authority. The Planning Commission shall review and recommend approval, approval with conditions, or deny an application for a Zoning Ordinance amendment at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation to the City Council.

(D) Application Procedure.

(1) An application shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.

(2) The Director may require additional information as necessary to enable the Review Authority to determine whether the amendment is consistent with the goals, policies, and objectives of the General Plan.

(E) Action by Planning Commission. The Planning Commission shall hold a public hearing on each application for a Zoning Ordinance amendment. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures). The Planning Commission shall determine whether the Zoning Ordinance amendment is consistent with the required findings for approval pursuant to Subsection (G) of this Section, and shall recommend to the City Council that the Zoning Ordinance amendment be approved, approved as amended, or denied based upon said findings.

(F) Action by City Council.

(1) Upon recommendation of the Planning Commission on a proposed Zoning Ordinance amendment, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures).

(2) Following the closing of a public hearing, the City Council may approve, modify, or deny the recommendation of the Planning Commission; provided, that any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation. Failure of the Planning Commission to report within 40 days after the reference shall be deemed to be approval of the proposed modification by the City Council.

(G) Required Findings for Approval. Prior to taking an action to approve or recommend approval of a Zoning Ordinance amendment, the Review Authority shall find as follows:

(1) The proposed Zoning Ordinance amendment conforms with the goals, objectives, and policies of the General Plan; and

(2) The proposed Zoning Ordinance amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare.

(H) Post-Decision Procedures.

(1) New Application Following Denial. Following the denial of an application for a Zoning Ordinance amendment, an application for the same or substantially same amendment shall not be accepted within one year of the date of denial.

(2) Updated Ordinance. A Zoning Ordinance amendment adopted by the City Council shall be incorporated into this Title, upon the effective date of the Zoning Ordinance amendment. (Ord. 1603 § 4 (Exh. I), 2023)

17.24.030 General Plan amendments.

(A) Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify this action, land use boundaries may be amended through the procedures established in this Title.

(B) Applicability.

(2) A change in the boundaries of any land use may be initiated by the City Council.

(C) Review Authority. The Planning Commission shall review and recommend approval with conditions or deny an application for a General Plan amendment at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation to the City Council.

(D) Application Procedure.

(1) An application for a change of land use shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.

(2) An application for a General Plan amendment shall be filed concurrently with any other application(s) required for the project on the same property.

(3) The Director may require additional information if deemed necessary to enable the Planning Commission and City Council to determine whether the General Plan amendment is consistent with the goals, policies, and objectives of the General Plan.

(E) Action by Planning Commission.

(1) The Planning Commission shall hold a public hearing on each application for a General Plan amendment. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures).

(2) The Planning Commission shall determine whether the proposed General Plan amendment is consistent with the required findings for approval as set forth in Subsection (G) of this Section, and, if so, shall recommend to the City Council that the General Plan amendment be granted or granted in a modified form. If the Planning Commission determines that the proposed change does not meet the required findings for approval, the Planning Commission shall deny the application and their action is final, unless the matter is scheduled for hearing pursuant to PMC § 17.20.110 (Appeal procedures) and California Government Code Section 65856.

(3) When the Planning Commission determines, following a public hearing on a proposed land use, that a change to a land use other than the proposed classification specified in the hearing notice is desirable, the Planning Commission may recommend an alternate classification. The Planning Commission shall determine that the recommended alternative is more appropriate for the subject property and is consistent with the General Plan.

(F) Action by City Council.

(1) Upon recommendation of the Planning Commission to approve a proposed General Plan amendment, the City Council shall hold a public hearing. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures).

(2) Following the closing of a public hearing, the City Council shall determine if the General Plan amendment is consistent with the findings as specified within Subsection (G) of this Section and may approve, modify, or deny the recommendation of the Planning Commission.

(G) Required Findings for Approval. Prior to taking action to approve or recommend approval of a General Plan amendment, the Review Authority shall find as follows:

(1) The proposed change in land use is consistent with State law; and

(2) The amendment is reasonable and beneficial.

(H) Post-Decision Procedures.

(1) New Application Following Denial. Following the denial of an application for a General Plan amendment, an application for the same or substantially the same change shall not be accepted within one year of the date of denial.

(2) Updated Map. A change in land use shall be indicated on the General Plan land use map. (Ord. 1603 § 4 (Exh. I), 2023)

17.24.040 Determination on unlisted uses.

(A) Purpose. The procedures contained in this Section allow the Director to determine whether a use not specifically listed as a use that is principally or conditionally allowed in a particular zone of the City should be allowed based upon a similarity to uses already listed.

(B) Applicability.

(1) Where the term “similar uses allowed by Director determination” is mentioned within any zone, it shall be deemed to mean other uses which, in the judgment of the Director as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same zone.

(2) In no instance shall the Review Authority make a determination on a use for which the characteristics of the use are more intensive than the uses allowed within the applicable underlying zone.

(3) The Zoning Ordinance amendment procedures outlined within PMC § 17.24.020 (Zoning Ordinance amendments) shall be utilized to add new uses to the list of principally or conditionally allowed uses on a case-by-case basis.

(1) Application for a determination on an unlisted use shall be made in writing to the Director and shall include a detailed description of the proposed use and other information as may be required to facilitate review of the request, along with the required fee as established by City Council resolution.

(2) Action by Review Authority. The Director shall consider the following prior to taking action on an application:

(a) Comparison of the proposed use to the type and intensity of other uses principally or conditionally allowed in the same zone;

(b) Evaluation of the purpose and intent of the applicable zone; and

(D) Review Authority.

(1) The Review Authority for use determination requests shall be the Director, pursuant to PMC § 17.20.080 (Decisions by the Review Authority).

(2) The Director may refer a determination on an unlisted use to the Planning Commission, pursuant to PMC § 17.20.080 (Decisions by the Review Authority).

(E) Required Findings for Approval. The Director shall base the decision upon the following findings:

(1) The use is of a similar type and intensity to other principally or conditionally allowed uses in the same zone;

(2) The use meets the purpose and intent of the zone in which it is proposed; and

(3) The use meets and conforms to the applicable goals, policies, and objectives of the General Plan.

(F) Post-Decision Procedures.

(1) New Application Following Denial. Following the denial of an application for a determination on an unlisted use, an application for the same or substantially the same change shall not be accepted within one year from the date of denial.

(2) Appeal. The Director’s determination regarding conformance of a use to a zone may be appealed, pursuant to PMC § 17.20.110 (Appeal procedures). (Ord. 1603 § 4 (Exh. I), 2023)