Chapter 18.35


18.35.010    Purpose.

18.35.020    Applicability.

18.35.030    Initiation.

18.35.040    Application requirements.

18.35.050    Review procedures and public notice.

18.35.060    Planning Commission hearing and recommendation.

18.35.070    City Council hearing and action.

18.35.080    Criteria for zoning amendments.

18.35.010 Purpose.

This chapter provides procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.020 Applicability.

The procedures in this chapter shall apply to all proposals to change the text of this Zoning Ordinance or to revise a zoning district classification or zoning district boundary line shown on the Zoning Map, including prezoning as provided for in Chapter 18.38, Prezoning and Annexation Procedure. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.030 Initiation.

An amendment to the text of the Zoning Ordinance or to the Zoning Map may be initiated by any qualified applicant identified in Section 18.27.020, Application forms and fees, or a motion of the City Council or Planning Commission. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.040 Application requirements.

A.    Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.    Coordination with Other Applications. The Planning Division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this Zoning Ordinance or Title 17, Subdivisions, to be processed simultaneously with the proposed zoning amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.050 Review procedures and public notice.

A.    Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 18.35.080, Criteria for zoning amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

B.    Public Hearing Required. All zoning amendments shall be referred to the Planning Commission, which shall hold at least one public hearing on any proposed amendment.

C.    Public Notice. At least ten days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 18.27, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the San Carlos School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.060 Planning Commission hearing and recommendation.

A.    Planning Commission Hearing. The Planning Commission shall conduct a public hearing in conformance with Chapter 18.27, Common Procedures.

B.    Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to the criteria for zoning amendments in Section 18.35.080, and the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the City Council in the form of a Council memo, prepared by Planning staff, with a copy of the approved minutes from the Planning Commission meeting. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.070 City Council hearing and action.

A.    After receiving the report from the Planning Commission, the City Council shall hold a duly noticed public hearing. The notice shall include a summary of the Planning Commission recommendation. If the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request for a hearing with the City Clerk within ten days after the Planning Commission action.

B.    After the conclusion of the hearing, the City Council may approve, modify or deny the proposed amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within forty days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.35.080 Criteria for zoning amendments.

The Planning Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:

A.    Zoning Ordinance Text Amendment Findings.

1.    The ordinance amendment is consistent with the General Plan; and

2.    The ordinance amendment is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

B.    Zoning District Boundary Amendment Findings (Zoning Map Amendments).

1.    The change in district boundaries is consistent with the General Plan;

2.    The change in district boundaries is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and

3.    The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district. (Ord. 1438 § 4 (Exh. A (part)), 2011)