Beaumont Municipal Code Ch. 17.D.06 Zoning Code and Zoning Map Amendments

This Chapter establishes procedures to amend the Zoning Map, commonly referred to as a "rezone" or "rezoning", and to amend the text of this Title in accordance with California Government Code § 65853 et seq.

A. Initiation. A Zoning Map amendment or Zoning Code text amendment (Zoning Amendment) may be initiated by at least one of the following:

1. Council. A majority vote of the Council;

2. Planning Commission. A majority vote of the Planning Commission; or

3. Property Owner. An application from the property owner or authorized agent of the property who seeks to have their parcel rezoned. If the property is under more than one ownership, all owners or the authorized agents shall join in filing the application.

B. General Plan Amendment Required. Amendments to zone boundaries or the text of this Title that are not consistent with the General Plan must be accompanied by a General Plan Amendment application in accordance with Chapter 17.D.08 (General Plan Amendments).

C. Urgency Measure. Without following the procedures otherwise required prior to the adoption of new zoning regulations, the Council may adopt an Interim Zoning Ordinance as an urgency measure in compliance with California Government Code § 65858, in which case the standards of this Chapter shall not apply. The Interim Zoning Ordinance shall require a four-fifths vote of the Council for adoption.

A. Filing. A Zoning Amendment application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures), and this Chapter.

B. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of the findings required by Section 17.D.06.050 (Findings).

A. Director Evaluation. After a proposed Zoning Amendment has been filed with the Department, the Community Development Director shall review the Zoning Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Subsection 17.D.02.040.D (Review of Planning Applications).

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Zoning Amendment consistent with Subsection 17.D.02.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing.

a. Council shall conduct a public hearing on the Zoning Amendment consistent with Subsection 17.D.02.040.G (Public Hearings).

b. The Council's action to approve the Zoning Amendment shall be by ordinance.

A Zoning Amendment may be approved only after all of the following findings are made, as applicable to the type of Zoning Amendment:

A. Findings for All Zoning Amendments.

1. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan;

2. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of any applicable Specific Plan;

3. The proposed Zoning Amendment will not be detrimental to the public interest, health, safety, convenience, and general welfare;

4. The proposed Zoning Amendment is in compliance with the provisions of CEQA;

5. When considering a reduction of residential density, ensure compliance with California Government Code § 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

6. The proposed Zoning Amendment would not result in a net loss of potential housing units.

B. Additional Findings.

1. Zoning Ordinance Text Amendments. The proposed Zoning Amendment is internally consistent with other applicable provisions of this Title.

2. Zoning Map Amendments.

a. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.), to accommodate the uses and development densities or intensities allowed in the proposed new zone; and

b. If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.

A Zoning Amendment shall become effective 30 days following the date the Council adopts the ordinance.