Chapter 17.144


17.144.010    Purpose.

17.144.020    Initiation.

17.144.030    Application.

17.144.040    Planning commission hearing and action.

17.144.050    City council hearing and action.

17.144.060    Findings for approval.

17.144.070    Effective dates.

17.144.080    Local coastal program amendments.

17.144.010 Purpose.

This chapter establishes procedures for amending the zoning code and zoning map. All amendments to the zoning code shall be processed as set forth in Government Code Section 65853 et seq. and as specified in this chapter. (Ord. 1043 § 2 (Att. 2), 2020)

17.144.020 Initiation.

A. Zoning Map Amendment. A request for an amendment to the zoning map may be initiated by:

1. The city council;

2. The planning commission;

3. The community development director; or

4. One or more owners of the property for which the amendment is sought.

B. Zoning Code Text Amendment. A request for an amendment to the text of the zoning code may be initiated by the following:

1. The city council;

2. The planning commission;

3. The community development director; or

4. Any resident, property owner, or business owner in the city. (Ord. 1043 § 2 (Att. 2), 2020)

17.144.030 Application.

An application for a zoning code amendment shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.144.060 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)

17.144.040 Planning commission hearing and action.

A. Public Notice and Hearing. The planning commission shall review and act on a proposed zoning map amendment and zoning code amendment at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).

B. Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed zoning map amendment or zoning code amendment, based upon the findings specified in Section 17.144.060 (Findings for approval). The planning commission shall forward a written recommendation, and the reasons for the recommendation, to the city council within ninety days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C. Denial. The planning commission may deny the proposed zoning code amendment based upon the findings specified in Section 17.144.060 (Findings for approval). For a zoning map amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the city clerk within ten days after the planning commission recommendation is filed with the city council. (Ord. 1043 § 2 (Att. 2), 2020)

17.144.050 City council hearing and action.

A. General. After receipt of the planning commission’s recommendation to approve a proposed zoning code amendment or zoning map amendment, the city council shall hold a public hearing on the proposal in compliance with Chapter 17.148 (Public Notice and Hearings).

B. Approval or Denial. The city council may approve, conditionally approve, or deny the proposed zoning code amendment or zoning map amendment based upon the findings specified in Section 17.144.060 (Findings for approval).

C. Finality of Action. The action by the city council shall be made by a majority vote of the total membership of the city council and shall be final and conclusive except for amendments within the coastal zone, in which case the city shall submit the zoning code amendment or the zoning map amendment to the Coastal Commission for certification (see Section 17.144.080 (Local coastal program amendments)).

D. Referral to Planning Commission. If the city council proposes to adopt a substantial modification to the zoning code amendment not previously considered by the planning commission, the proposed modification shall be first referred to the planning commission for its recommendation.

E. Failure to Report. The failure of the planning commission to report back to the city council within forty days after the reference, or within the time set by the city council, shall be deemed a recommendation of approval. (Ord. 1043 § 2 (Att. 2), 2020)

17.144.060 Findings for approval.

The city council may approve a zoning code amendment or zoning map amendment only if all of the following findings are made:

A. Findings for All Zoning Code and Zoning Map Amendments.

1. The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code Section 65860.

2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

B. Additional Finding for Zoning Code Text Amendments. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

C. Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large. (Ord. 1043 § 2 (Att. 2), 2020)

17.144.070 Effective dates.

A zoning code amendment or zoning map amendment becomes effective thirty days following the adoption of the ordinance by the city council unless the zoning code amendment affects a component of the certified local coastal program implementation plan or if a zoning map amendment affects property in the coastal zone (see Section 17.44.080 (Local coastal program amendments)). (Ord. 1043 § 2 (Att. 2), 2020)

17.144.080 Local coastal program amendments.

Upon adoption by the city council of amendments to the local coastal program (LCP) land use plan (LUP) and/or the LCP implementation plan (IP), the city shall submit the amendments to the Coastal Commission for certification.

A. Adopted Resolution. All LCP amendment submittals must include a city council resolution that:

1. Is signed and dated by an authorized member of the city council;

2. Indicates that the LCP amendment is intended to be carried out in a manner fully consistent with the Coastal Act;

3. Indicates whether the proposed LCP amendment will take effect automatically upon final Coastal Commission certification or will require formal city council review/adoption after final Coastal Commission certification.

B. Copy of the Proposed LCP Amendment. The submittal shall include a copy of the relevant document (LUP/community plan/ordinance) in strike-through and underline format. If the LCP amendment proposes a change to an approved map, the submittal must include a graphic depiction of how the map is being changed.

C. Local Government Staff Report. The submittal shall include copies of the local government staff reports, as these are necessary to demonstrate consistency of the LCP amendment with Chapter 3 of the Coastal Act (for LUP amendments) or to demonstrate conformity with and adequacy to carry out the certified land use plan (for IP amendments).

1. The staff report should include a discussion of the LCP amendment’s relationship and effect on other sections of the LCP.

2. For LUP Amendments.

a. The staff report should include an analysis of how the amendment is consistent with the Chapter 3 policies of the Coastal Act.

b. The staff report should also indicate what zoning measures or implementation actions will be used to carry out the LUP amendment.

3. For IP (zoning/municipal code) amendments, the staff report should include an analysis of how the amendment is in conformity with and adequate to carry out the certified LUP.

4. In addition, if the affected area or application of an ordinance would involve land situated between the ocean and first public through road, or overall intensity of development, the local government staff report should address any potential effects that the proposed amendment will have on public access.

D. Supplementary Information/Environmental Review Documents. In addition to the city’s staff reports, the submittal should include any supplementary analysis or information prepared or relied on (e.g., vulnerability assessments, hazard mitigation plans, biological studies, traffic analyses, geotechnical reports, etc.) and a copy of any environmental document.

E. Local Hearing Dates and Notices.

1. The submittal must include a listing of the local hearing dates and copies of all local hearing notices.

2. These materials must document that:

a. The LCP amendment was properly noticed (i.e., the notices must indicate the item involves an LCP amendment and is not effective until approved by the Coastal Commission);

b. The notices of availability were mailed and public review drafts were available at least six weeks prior to the city’s final action date; and

c. The city’s hearing notices to all interested parties and public agencies were distributed no less than ten working days before the hearing and that the hearing was also noticed by general publication.

F. Copies of Speaker Slips, Written Comments and Adopted Minutes. The submittal must include copies of all speaker slips, all written correspondence received, and the planning commission/city council minutes for the item. The copies should be accompanied by a separate list of each speaker or written correspondence received, and their contact information.

G. Mailing/Noticing List. The submittal must include a copy of the mailing/noticing list used by the city. Notices for local LCP amendment hearings must be sent to: (1) anyone who requests it; (2) each contiguous local government; (3) any local government, special district or port district that could be affected by the LCP amendment; (4) local libraries and media; and (5) any regional or federal agencies that may have an interest in or be affected by the LCP amendment. (Ord. 1043 § 2 (Att. 2), 2020)