§ 16.16.040. Amendments to zoning districts and other provisions.

A.

Purpose and Intent. This section establishes the procedures for amending this title, including previously approved planned developments (PD ordinances). The amendment process is necessary to provide and ensure consistency between this title and the general plan and state law, to increase the effectiveness of this title, and to improve clarity in implementing general plan goals and objectives.

B.

Authority. Authority for approval of amendments to this title, including amendments to the zoning map, shall be vested in the city council. The planning commission shall provide recommendations to the city council regarding amendments to Chapters 16.16, 16.20, 16.28 through 16.76 and Section 16.04.070, inclusive. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required prior to action by the city council.

Amendments to zoning districts or text of this title that are not consistent with the general plan must be accompanied by a general plan amendment application.

C.

Initiation of Amendments to Zoning Districts and this title.

An amendment to zoning districts or other provisions of this title may be initiated by any of the following actions:

1.

The consensus of the city council or planning commission:

2.

The filing of an application from a property owner or his or her authorized agent or any affected party. If the property for which an amendment is proposed is in more than one ownership, all the owners or their authorized agents may join in filing the application:

3.

The determination by the community development director that the amendment is necessary to implement or achieve consistency with the general plan.

D.

Submittal and Review Requirements.

1.

Applications for an amendment to zoning districts or other provisions of this title shall contain the following:

a.

Completed planning application form and required fee and attachments (see also Section 16.12.030);

b.

Ten (10) sets of exhibit(s) showing the requested changes:

i.

Text, with existing words to be deleted, lined through, and words to be added underlined,

ii.

Map(s) with the area to be changed outlined in a heavy, black line and proposed changes to any diagrams within the text of this title, with the proposed change clearly labeled. The map shall be a copy of the actual zoning map. Assessor's book or street maps are not acceptable. An eight and one-half inches by eleven (11) inches transparency of each map or diagram shall also be submitted;

c.

Statement describing:

i.

How the changes implement the general plan; or

ii.

How general plan policies are being amended to allow the zoning district or this title amendment (a general plan amendment application must also be submitted and processed concurrently);

d.

Two copies of a preliminary title reported within the last six months.

2.

Planning Commission Review.

a.

After receipt in proper form of a completed application or direction from the city council or planning commission, and completion of required staff review and environmental documentation, a public hearing before the planning commission shall be noticed and held pursuant to the provisions of this title.

b.

The planning commission shall indicate by resolution their recommendation to approve, approve in modified form, or disapprove the proposed amendment to this title or amendment to the zoning map.

3.

City Council Review and Action. The city council shall conduct a public hearing on the matter pursuant to the provisions of Section 16.12.160. The city council may approve, approve with modifications, or disapprove any proposed amendment by ordinance.

E.

Required Findings. The city council may approve amendments to this title, including amendment to the zoning map only if all of the following findings of fact can be made in an affirmative manner:

1.

The proposed change of zone (or revision to this title) is consistent with the goals, objectives, policies and programs of the general plan, and is necessary and desirable to implement to provisions of the general plan;

2.

The proposed change of zone (or revision to this title) will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern;

3.

The proposed change of zone (or revision to this title) is consistent with the purpose and intent of the title (or the portion of this title it is amending);

4.

The potential environmental impacts of the proposed change of zone (or revision to this title) are insignificant, or there are overriding considerations that outweigh the potential impacts;

5.

For applications to amend this title for the purposes of rezoning property in an agricultural district to a non-agricultural district, the following additional findings of fact must be made in an affirmative manner;

a.

That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the city, and there are no other reasonable or comparable agricultural uses to which the land may be put, either individually or in combination with other adjacent farmland parcels; and

b.

The proposed change in zone (or revision to this title) is for a parcel, or for a contiguous set of parcels, that is legally non-conforming as to minimum area in the agriculture district; and

c.

The proposed change in zone (or revision to this title) will not result in, intensify, or contribute to discontiguous patterns of urban development; and

d.

The proposed change in zone (or revision to this title) will not likely result in the removal of adjacent lands from agricultural use; and

e.

The proposed change in zone (or revision to this title) is for an alternative use which is consistent with the applicable provisions of the city's general plan; and

f.

That there is no proximate land, which is both available and suitable that would provide more contiguous patterns of urban development than development of the subject farmland.

F.

Pre-Zoning.

1.

For the purpose of establishing zoning regulations, which would become effective only upon annexation, property outside the corporate boundaries of the city, but within the sphere of influence, may be classified within one or more districts in the same manner and subject to the same procedural requirements as prescribed in this title for properties within the city.

2.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the city, the zoning map shall be revised to identify each district or districts applicable to such property with the label of "Pre," in addition to such other map designation as may be applicable.

G.

Recordation of Zoning Map Amendments. A change in district boundaries shall be indicated by revising the zoning map and by listing on the zoning map the number of the ordinance amending the map.

(Prior code § 9-03.040)