Chapter 24.06
ZONING MAP AND TEXT AMENDMENTS

Sections:

Part 1: GENERAL PROCEDURES

24.06.010    General.

24.06.020    Initiation.

24.06.030    Procedure – Planning commission hearing.

24.06.040    Findings required.

24.06.050    Procedure – City council hearing.

24.06.060    Repealed by Ord. 86-12 § 2.

24.06.070    Modification by council.

24.06.080    General plan amendment procedures same as zoning map/text amendment procedures.

24.06.090    Support facilities for off-shore oil and gas drilling – Submission to the electorate.

Part 2: HISTORIC DISTRICT DESIGNATION

24.06.100    Purpose.

24.06.110    Procedure.

24.06.120    Review criteria.

Part 3: ANNEXATION OF TERRITORY

24.06.200    General – Prezoning of unincorporated area.

Part 4: SPECIFIC PLAN PREPARATION

24.06.300    Specific plan preparation.

Part 1: GENERAL PROCEDURES

24.06.010 GENERAL.

The provisions (text) of this title, or the zoning map, may be amended by the city council, by ordinance and according to the procedures established herein. All amendments to the zoning map shall be in conformance with the General Plan, Local Coastal Land Use Plan, any adopted area or specific plan, and other appropriate city policies. No amendments to maps covering the Coastal Zone or to text also contained in the Local Coastal Implementation Plan shall become effective until certified by the California Coastal Commission.

(Ord. 86-12 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.06.020 INITIATION.

Amendments may be initiated by the city council and the planning commission. In the case of the zoning map, amendments may also be initiated by the owner, or authorized agent of the owner of the property included in said proposed change.

(Ord. 86-12 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.06.030 PROCEDURE – PLANNING COMMISSION HEARING.

1.    A public hearing shall be held by the planning commission on all proposed amendments.

2.    The planning commission shall forward a recommendation for approval or modified approval to the city council for final action.

3.    Planning commission denial of any proposed amendment shall terminate the proceedings in the matter, unless an appeal is filed, or the application was initiated by the city council, in which case the planning commission action shall be a recommendation.

(Ord. 94-34 § 5, 1994: Ord. 86-12 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.06.040 FINDINGS REQUIRED.

Prior to making a recommendation for approval or modified approval of a proposed amendment to the city council, the commission shall first find that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the General Plan, Local Coastal Plan and any adopted area or specific plan.

(Ord. 85-05 § 1 (part), 1985).

24.06.050 PROCEDURE – CITY COUNCIL HEARING.

Upon receipt of said planning commission recommendations, and prior to the adoption of any amendment, the city council shall hold a public hearing.

(Ord. 85-05 § 1 (part), 1985).

24.06.060 Repealed by Ord. 86-12 § 2.

24.06.070 MODIFICATION BY COUNCIL.

1.    Nonsubstantive Changes. The council may modify any proposed amendment by making nonsubstantive changes in the wording of a proposed text amendment; or, in the case of a proposed zoning map amendment, by reducing the area involved, or by adopting a more restrictive zoning classification. Prior to taking such action, the council may refer the proposed change to the commission for report and recommendation. In such a case, the commission shall report back to the council within forty days after the date of council referral, or shall be deemed to have approved the proposed change.

2.    Substantive Changes. Any substantive change proposed by city council must be referred back to the planning commission for a public hearing. In such a case, the commission shall report hack to the council within forty days after the date of council referral. Where action cannot be taken within forty days by the commission, a longer period of time may be requested and the council may grant an extension.

(Ord. 86-12 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.06.080 GENERAL PLAN AMENDMENT PROCEDURES SAME AS ZONING MAP/TEXT AMENDMENT PROCEDURES.

The General Plan may be amended by the city council according to procedures established for zoning text and map amendments set forth in Sections 24.06.020 through 24.06.070, inclusive, of this part.

1.    Specific Plans. Specific plans shall be amended in the same manner as the Zoning Ordinance and General Plan, pursuant to Sections 24.06.020 through 24.06.070, inclusive, of this part.

(Ord. 85-05 § 1 (part), 1985).

24.06.090 SUPPORT FACILITIES FOR OFF-SHORE OIL AND GAS DRILLING – SUBMISSION TO THE ELECTORATE.

So long as Ordinance 85-70 (adopted by a vote of the people on November 5, 1985) remains in effect, no zoning changes to accommodate on-shore support facilities for off-shore oil and gas drilling shall be enacted without a vote of the people of the city of Santa Cruz.

(Ord. 86-09 § 1, 1986).

Part 2: HISTORIC DISTRICT DESIGNATION

24.06.100 PURPOSE.

The purpose of this procedure is to provide for the designation of an historic district.

(Ord. 85-05 § 1 (part), 1985).

24.06.110 PROCEDURE.

1.    Designation of an historic district may be initiated by the city council, the planning commission, the historic preservation commission, or an application of persons, or their authorized agents, who own sixty percent of the recorded lots to be included in the proposed district.

2.    The application to designate an historic district shall be referred to the historic preservation commission for review and report to the planning commission as to conformance with the purposes and criteria of the city’s historic preservation provisions (Section 24.12.400) and this Historic Preservation Plan. The historic preservation commission shall hold a public hearing.

3.    After receiving a recommendation from the historic preservation commission, the planning commission shall hold a public hearing.

4.    The planning commission shall transmit the application and its recommendations, along with the recommendation of this historic preservation commission, to the city council.

5.    The city council shall hold a public hearing on any proposed designation so transmitted.

(Ord. 85-05 § 1 (part), 1985).

24.06.120 REVIEW CRITERIA.

Before designating an historic district, the historic preservation commission, the planning commission, and the city council shall find that the following criteria have been met:

1.    The proposed historic district is a geographically definable area possessing a significant concentration or continuity of sites, buildings, structures, or objects unified by past events, or aesthetically by plan or physical development.

2.    The collective value of the historic district taken together may be greater than the value of each individual structure.

3.    The proposed designation is in conformance with the purpose of the city’s historic preservation provisions, set forth in Section 24.12.400 of this title and the city’s Historic Preservation Plan and the General Plan.

(Ord. 85-05 § 1 (part), 1985).

Part 3: ANNEXATION OF TERRITORY

24.06.200 GENERAL – PREZONING OF UNINCORPORATED AREA.

Any unincorporated territory may be prezoned for the purpose of determining the classification that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such pre-zoning shall be as provided herein (Sections 24.06.010 through 24.06.080) for the classifying or reclassifying of property within the city. The classification established by such prezoning action shall become effective at such time as the annexation becomes effective. No annexation shall be processed without prezoning in place.

(Ord. 85-05 § 1 (part), 1985).

Part 4: SPECIFIC PLAN PREPARATION

24.06.300 SPECIFIC PLAN PREPARATION.

The purpose of this section is to establish requirements and procedures for the development, adoption and amendments of specific plans and to ensure that the city Zoning Ordinance is consistent with state law regarding specific plans.

1.    General Plan Consistency Requirement. Specific plans shall be consistent with the General Plan and for areas within the coastal zone, the Local Coastal Program. Following adoption of a specific plan, developments and uses of the land, subdivisions (including tentative tract and parcel maps), public works projects and development agreements shall be consistent with the specific plan.

2.    Content of Specific Plan. A specific plan shall include a statement of its relationship and consistency with the General Plan and Local Coastal Program and text and diagrams specifying all of the following in detail:

a.    The distribution, location, intensity, and extent of the uses of land, including open space, within the area covered by the plan (including lands to be dedicated for public use, and any easements to accommodate utilities or protect environmental resources);

b.    The proposed distribution, location, and extent and intensity of major components of public and private transportation (including pedestrian ways, bike paths, bus turnouts, parking, roadways and other transportation systems), parks and recreation facilities (including provision of public access ways) sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;

c.    Standards and criteria by which development will proceed (including architectural design and landscaping concepts) and standards for the conservation, development and utilization of natural resources (including soils, vegetation and wildlife habitats, water, energy), where applicable.

d.    Description of provisions to ensure compatibility with surrounding land uses and resources, addressing geologic, coastal bluff, flooding and fire hazards;

e.    A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the provisions of the preceding requirements;

f.    Specific plans may also address any other subjects that are necessary or desirable for General Plan implementation.

3.    Preparation and Fees. A specific plan may be prepared by a developer for city approval, or by the city. To defray the cost of specific plan preparation, the city may impose a fee upon persons whose projects must be consistent with the plan. The fee shall be prorated according to the benefit received from the specific plan and shall not exceed the estimated reasonable cost of preparing, adopting, and administering the specific plan.

4.    CEQA Exemption.

(a)    Any residential development project or any zoning change that is undertaken to implement and is consistent with an adopted specific plan is exempt from the requirements of CEQA. However, if after adoption of the specific plan, substantial changes are proposed to the project, substantial changes occur with respect to the circumstances under which the project is undertaken, or if significant new information becomes available, the exemption does not apply unless and until a supplemental environmental impact report for the specific plan is prepared and certified.

Nonresidential development may be exempt from CEQA if the EIR certified for the specific plan is sufficient for environmental review of the nonresidential development and use.

5.    Adoption, Amendments and Repeals. Adoption of a specific plan does not amend the General Plan. However it must be consistent with all facets of the General Plan (including any area plans). A specific plan is adopted and amended in the same manner as a General Plan, except that it may be adopted by resolution or ordinance and it may be amended as often as deemed necessary by the local legislature. A specific plan may be initiated, amended or repealed by application of the city or property owner(s) of the area affected.

In the Coastal Zone, a specific plan or any modifications to a specific plan must be submitted to the Coastal Commission as an amendment to the Local Coastal Program. Depending on the nature of the plan it may be an amendment to the Land Use Plan or to the implementation program, as determined on a case-by-case basis.

(Ord. 95-02 § 1, 1995: Ord. 94-33 § 9, 1994: Ord. 93-36 § 1, 1993).