Chapter 17.46
AMENDMENTS

Sections:

17.46.010    Purpose.

17.46.020    Repealed.

17.46.030    Application – Procedure.

17.46.040    Application – Fee.

17.46.050    Public hearing by City Council.

17.46.060    Investigation and report.

17.46.070    City Council action – Generally.

17.46.080    City Council action – Rehearing.

17.46.090    General plan consistency and alternate classification in lieu of proposed classification.

17.46.100    New application.

17.46.110    Change of zoning map.

17.46.120    Minor changes to development approvals.

17.46.010 Purpose.

The zoning map and zoning development regulations may be amended by changing the boundaries of any zone or by changing any zoning development regulation or any other provision of this title in accord with the procedure prescribed in this chapter. (Ord. 723 § 3, 2011; Ord. 113 § 1 (Exh. A 10.0.1), 1983)

17.46.020 City-initiated amendments.

Repealed by Ord. 773. (Ord. 723 § 3, 2011)

17.46.030 Application – Procedure.

A property owner or his authorized agent, desiring to propose a change in the boundaries of the zone in which his property is located, may file with the Development Services Director an application for a change in zone boundaries on a form prescribed by the Development Services Director and shall include the following data:

A. Name and address of the applicant;

B. Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in zone boundaries is proposed;

C. Address and legal description of the property;

D. An accurate scale drawing of the site and the surrounding area showing existing streets and property lines, and existing and proposed zone boundaries, for a distance determined by the

Development Services Director to be necessary to illustrate the relationship to and impact on the surrounding area, but not less than 300 feet nor more than 600 feet from the property proposed for rezoning;

E. Complete environmental assessment information on forms supplied by the Development Services Director;

F. A property ownership list, listing the names, addresses and Assessor’s parcel number of all property owners within 500 feet of the exterior boundaries of the subject property; the list shall be obtained from the latest equalized assessment roll issued by the San Diego County Assessor;

G. A radius map drawn on the Assessor’s parcel maps, indicating the subject property with a 500-foot radius drawn around the property;

H. The Development Services Director may require additional information or maps if they are necessary to enable the Council to determine whether the change is consistent with the objectives of this title. The Development Services Director may authorize omission of the map required by this chapter if it is not necessary. (Ord. 723 § 3, 2011; Ord. 518, 1999; Ord. 113 § 1 (Exh. A 10.0.4), 1983)

17.46.040 Application – Fee.

The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this chapter. (Ord. 723 § 3, 2011; Ord. 113 § 1 (Exh. A 10.0.4), 1983)

17.46.050 Public hearing by City Council.

The City Council shall hold a public hearing on each application for a change in zone boundaries or for a change of the zoning development regulations. The hearing shall be set and notice given as prescribed below:

A. The City Clerk shall set the time and place of the public hearing required by this title; the Council may continue the time or place of a hearing. The City Council shall hold a public hearing on a rezoning request, or an amendment within 40 days after the compliance with the California Environmental Quality Act, Public Resources Code Section 21000 through and including Section 21176 and amendments thereof.

B. Notice of a public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation published in the City. When the hearing concerns a matter other than an amendment to the text of this title, notices of public hearings before the City Council shall be mailed to all persons whose names appear on the latest adopted tax roll of the County as owning property within 500 feet of the exterior boundaries of the property that is the subject of the hearing. (Ord. 723 § 3, 2011; Ord. 113 § 1 (Exh. A 10.0.5), 1983)

17.46.060 Investigation and report.

The Development Services Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the City Council and to the applicant prior to the public hearing. (Ord. 723 § 3, 2011; Ord. 518, 1999; Ord. 113 § 1 (Exh. A 10.0.6), 1983)

17.46.070 City Council action – Generally.

The City Council shall calendar a public hearing on an application or a proposal within 40 days after compliance with the California Environmental Quality Act, Sections 21000 through 21176 inclusive of the Public Resources Code.

A. If the Council finds that the change is consistent with the objectives of this title, the general plan and development policies of the City, it shall introduce an ordinance amending the zoning map or zoning development regulations, whichever is appropriate.

B. If the Council finds that the change is not consistent with the objectives of this title, the general plan and development policies of the City, it may deny the application, continue it for changes to be consistent, or reject the proposal. (Ord. 723 § 3, 2011; Ord. 113 § 1 (Exh. A 10.0.7), 1983)

17.46.080 City Council action – Rehearing.

The decision of the City Council is final and effective within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC. (Ord. 723 § 3, 2011; Ord. 492 § 7, 1998; Ord. 113 § 1 (Exh. A 10.0.8), 1983)

17.46.090 General plan consistency and alternate classification in lieu of proposed classification.

When the Council determines, following a public hearing on a change in the boundaries of any zone, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Council may adopt an alternate classification to a proposed classification in accord with the following schedule:

Proposed Land Use Category in Public Hearing

Alternate Zone That May Be Considered

RR-A through C

OS-R, OS-RM

RS-1

RR-A through C, OS-R, OS-RM

RS-2

RR-A through C, OS-R, OS-RM

RS-3

RR-A through C, RS-2, OS-R, OS-RM

RS-4

RR-A through C, RS-2, RS-3, OS-R, OS-RM

RS-7

RR-A through C, RS-2, RS-3, RS-4, OS-R, OS-RM

RC

RR-A through C, RS-2, RS-3, RS-4, RS-7, OS-R, OS-RM

RA

Any other R zone, OS-R, OS-RM

CO

None

CN

None

CB

None

MU

CB, TC

CG

CO, TC, A/GC

A/GC

CG

TC

CG

MHP

RS-7, RC

OS-R

None

OS-RM

None

PRD

RR-A through C, OS-R, OS-RM

PC

RR-A and existing underlying zone

HC

None

PF

None

In order to more properly accommodate these alternate zone classifications, the notice of public hearing shall indicate the alternate classifications, if any, which City Council could consider. (Ord. 723 § 3, 2011; Ord. 674 § 52, 2008; Ord. 113 § 1 (Exh. A 10.0.9), 1983)

17.46.100 New application.

Following the denial of an application for a change in zone boundaries or a change in the zoning development regulations, an application or request for the same or substantially the same change shall not be filed within one calendar year of the date of denial. (Ord. 723 § 3, 2011; Ord. 113 § 1 (Exh. A 10.0.10), 1983)

17.46.110 Change of zoning map.

A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. (Ord. 723 § 3, 2011; Ord. 113 § 1 (Exh. A 10.0.11), 1983)

17.46.120 Minor changes to development approvals.

After a development review, conditional use permit, variance, or any modification thereof or amendment thereto is approved at a public hearing, such approval may only be amended, changed or modified at a public hearing, unless the Director of Development Services finds that the proposed modification is minor and would have no significant adverse effect upon the public interest or any private interest in real property within 500 feet of the exterior boundaries of the subject property. (Ord. 723 § 3, 2011; Ord. 518, 1999; Ord. 311 § 2, 1990)