Chapter 8.120

8.120.010 Purpose.

The purpose of this Chapter is to establish a procedure for amending the text of the Zoning Ordinance and amending the “City of Dublin Zoning Map” or Zoning Map. Amendments to the Zoning Map have the effect of rezoning property from one zoning district to another.

8.120.020 Initiation.

A Zoning Ordinance Amendment may be initiated by the City Council or the Planning Commission, or an applicant.

8.120.030 Application.

The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Director of Community Development.

8.120.040 Notice and Hearings.

Proposed Zoning Ordinance amendments shall be considered at public hearings before the Planning Commission and City Council with notice pursuant to Chapter 8.132, Notice and Hearings.

8.120.050 Required Findings.

The following findings shall be made in order to approve a Zoning Ordinance Amendment:

A.    Whenever a Zoning Ordinance Amendment anticipates a particular project:

1.    The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas;

2.    The subject site is physically suitable for the type, intensity of the zoning district being proposed;

3.    The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare;

B.    For all Zoning Ordinance Amendments:

1.    The proposed amendment is consistent with the Dublin General Plan and any applicable Specific Plans.

8.120.060 Planning Commission Action.

Following a public hearing, the Planning Commission shall make a written recommendation; together with reasons for the recommendations and the relationship of the amendment to the General Plan and applicable Specific Plans; to the City Council on whether to approve, approve with modifications, or disapprove the amendment.

8.120.070 City Council Action.

Upon receipt of the Planning Commission’s recommendation, the City Council shall hold a public hearing and may approve, approve with modifications, or disapprove the Planning Commission’s recommendation.

8.120.080 Effective Date.

The effective date shall be thirty (30) days after approval.

8.120.090 Violation.

Once a Zoning Ordinance Amendment is approved, all of the provisions specified in the amended Ordinance shall become operative and the violation of any of them shall constitute a violation of this Chapter.

8.120.100 Effect of Denial.

Upon denial of a Zoning Ordinance Amendment, no further application for the same zoning district on the same property shall be filed for a period of one year from the date of denial. A re-filed application shall be processed in the same manner as a new application.

8.120.110 Prezoning of Unincorporated Territory.

The City Council may prezone unincorporated territory adjoining the City, or territory adjoining territory which has been prezoned by the City Council, for the purpose of determining the zoning district(s) that will apply to property in such territory in the event of subsequent annexation to the City.

A.    Procedure. The procedure for establishing such prezones shall be the same as described for amending the Zoning Ordinance in this Chapter.

B.    Effective Time. The zoning district(s) which has been established by the prezoning procedure for unincorporated territory shall become effective at the time that the annexation of property in such territory to the City becomes effective.