Chapter 14.09.020
Amendments to Zoning Ordinance and Zoning Map
Sections:
14.09.020.030 Initiation of Amendment.
14.09.020.050 Planning Commission Hearing and Recommendation.
14.09.020.060 City Council Hearing and Action.
14.09.020.070 Required Findings.
14.09.020.010 Purpose.
This chapter establishes procedures for the consideration and review of amendments to the Zoning Ordinance text and the zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.020 Applicability.
This chapter applies to all applications to change the text of this Zoning Ordinance or to revise a zone or boundary line shown on the official zoning map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.030 Initiation of Amendment.
An amendment to the Zoning Ordinance and zoning map may be initiated by any applicant identified in Section 14.09.030.030, Application Forms and Fees, or by the Director of Community Development, the Planning Commission, or the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.040 Procedures.
A. Application. An applicant must submit an application accompanied by the required fee, pursuant to Section 14.09.030.030, Application and Fees. The Director of Community Development may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the Zoning Ordinance and zoning map may be processed concurrently with other applications. If an amendment is initiated by the Director of Community Development, Planning Commission or City Council, the application fee is waived.
B. Staff Report. The Director of Community Development shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but not be limited to:
1. General Plan Consistency Required. A discussion of whether and how the proposed amendment is consistent with the goals, objectives, and policies of the General Plan; and
2. Environmental Review. An environmental document prepared in compliance with the California Environmental Quality Act (CEQA) and the requirements of Section 14.09.030.060, Environmental Review. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
C. Notice of Public Hearing and Notice to Local Public Agencies. The City shall provide notice as provided for in Section 14.09.030.070, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment, including to the Solano County Airport Land Use Commission if the amendment applies to land within an airport influence area and involves matters that may have airport land use compatibility implications as stated in Section 14.09.110.070, Solano County Airport Land Use Commission (ALUC) Review.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.050 Planning Commission Hearing and Recommendation.
A. Planning Commission Hearing and Recommendation to City Council. The Planning Commission shall conduct at least one public hearing on the proposed amendment in accordance with Chapter 14.04.030 of this code, Approval Process.
B. Recommendation to City Council. Following the public hearing or hearings, the Planning Commission shall make a recommendation on the proposed amendments initiated by the City Council or an applicant to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and the relationship of the application to other adopted documents, in accordance with Section 14.09.020.070, Required Findings. The recommendation shall be transmitted in the form of a City Council memorandum, prepared by the Director of Community Development.
1. Approval. If the Planning Commission has recommended approval of the application, or approval with conditions, the City Council shall consider the proposal pursuant to Section 14.09.020.060, City Council Hearing and Action.
2. Denial. If the Planning Commission has recommended denial of the application, the recommended denial shall be forwarded to the City Council for its consideration.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.060 City Council Hearing and Action.
A. City Council Hearing. After receiving the recommendation of approval, or if requested by an interested party upon recommendation for denial from the Planning Commission, the City Council shall hold a hearing which shall be noticed in accordance with Section 14.09.030.070, Public Notice. The notice for the hearing shall include a summary of the Planning Commission recommendation.
B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the application, in accordance with Section 14.09.020.070, Required Findings.
C. Revision Referral to Planning Commission. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision 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 45 calendar days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.070 Required Findings.
The Planning Commission recommendations to City Council, and City Council approval or denial of Zoning Ordinance and/or map amendments, shall make and adopt all findings of fact, provided below, which shall be annotated to reflect the specific amendments. Zoning Ordinance and map amendment findings shall include, but not be limited to, the following:
A. That the proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code;
B. That the proposed amendment would not be detrimental to the public health, safety, or welfare of the community;
C. That the proposed amendment would maintain the appropriate balance of land uses within the City;
D. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses;
E. That the potential impacts to the City’s inventory of residential lands has been considered; and
F. That the proposed amendment is consistent with any development-related application that is processed and approved concurrently with the amendment application.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.020.080 Prezoning.
This section establishes the procedure for the prezoning of unincorporated property that will subsequently be annexed to the City. The property zoning shall become effective upon annexation, pursuant to Government Code Section 65859.
A. Procedure. The procedure for prezoning of property shall be the same as amendments to the Zoning Ordinance and zoning map, according to Chapter 14.04.030 of this code, Approval Process.
B. Effective Date of Zoning and Time Limit. The zoning of the property to be annexed shall become effective at the time that annexation to the City becomes effective, pursuant to Government Code Section 56000 et seq. If the subject area has not been annexed to the City within five years of the date of zoning approval, the zoning approval is subject to reconsideration.
(Ord. 1972, Repealed and Replaced, 02/22/2022)