Coalinga Municipal Code Art. 9 General Plan and Zoning Ordinance Amendments: Map and Text Changes

(a) The General Plan, Land Use Map and Zoning Ordinance may be amended according to the provisions of State law, when there are compelling reasons to do so. This may be due to changes in conditions or circumstances unforeseen at the time of adoption or the last amendment, including changes in State or federal law, or issues and opportunities that were previously unanticipated. The General Plan amendment process is not intended to relieve particular hardships or confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.

(b) A mandatory element of the General Plan may be amended a maximum of four (4) times during any calendar year. However, more than one change can be made at one time and will be considered a single amendment. Amendments for affordable housing projects are exempt from this restriction per Government Code 65358(c).

(c) The Zoning Map and the Zoning Ordinance text may be substantially amended in two (2) ways, in accord with the procedure prescribed in this article:

(1) Reclassification of the zoning applicable to a specific property, designating a change from one district to another district, commonly called "rezoning",

(2) Changes in the permitted uses or regulations on property within particular zones or citywide, commonly called "text amendments".

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Prior to legislative approval, the City shall refer a proposal to substantially amend its General Plan to the following agencies:

(1) Any City or County within or abutting the area covered by the proposal;

(2) Any special district that may be significantly affected by the proposed action as determined by the Community Development Director;

(3) Any elementary, high school, or unified school district within the area covered by the proposed action;

(4) The local agency formation commission;

(5) Any area-wide planning agency whose operations may be significantly affected by the proposed action;

(6) Any federal agency if lands within its jurisdiction may be significantly affected by the proposed action;

(7) The San Joaquin Valley Air Pollution Control District;

(8) Any other agency that the Community Development Director deems appropriate.

(b) Notice of Public Hearing and Public Hearing are required when zoning amendments change property from one zone to another, or impose or delete certain regulations listed in Government Code section 65850. Any other amendment to this title may be adopted as other ordinances are adopted as per Government Code section 65853, although special provision is made for notice and hearing on interim ordinances, such as urgency measures (California Government Code Section 65858).

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Amendments to this title may be initiated by an application of the owner of affected property, or by his agent. Upon its own initiative, either the City Council or the Planning Commission may, by motion, initiate proceedings for such amendment.

(b) The Community Development Director may allow for a General Plan amendment to be processed simultaneously with Zoning Ordinance amendments or other discretionary permits.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) An application for a General Plan amendment or an amendment to change district boundaries may be made by the owner of record of property for which a change is sought, or by his agent when authorized in writing by the owner, or by a purchaser or lessee of said property when acting pursuant to a written contract with the owner. Application shall be made to the Planning Commission on a form prescribed by the Planning Commission and shall contain:

(b) A description and map showing the boundaries of existing and requested districts, and identifying the property for which a change of district is requested;

(c) A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support; and

(d) Such additional information as the planning director may deem pertinent to the application. The application shall be accompanied by a fee in an amount fixed by resolution of the City Council.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Upon receipt of an application for a change in district boundaries pursuant to Section D, Application by Property Owner, of this article, or upon the initiation of an amendment to this title upon motion of the City Council or the Planning Commission, the Planning Commission shall set a date for a public hearing thereon. Notice of the time and place of the hearing, including a general explanation of the amendment to be considered shall be given in the manner specified in Section 9-6.111, Public Notification, of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) The notice of public hearing given shall be consistent with State law and consistent with Section 9-6.111, Public Notification, and Section 9-6.112, Public Hearings, of this chapter, and shall contain the following:

(1) In the case of a proposed amendment changing district boundaries, the street address of the affected property, if known, or the location of the property if the street address is not known, and the existing and proposed districts applicable to the property;

(2) The time, place and purpose of the hearing;

(3) A brief description, the content of which shall be in the sole discretion of the city, of the change in district boundaries or in zoning regulations proposed;

(4) Reference to the application or motion on file for particulars;

(5) A statement that any interested person may appear and be heard.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) After the public hearing, the Planning Commission shall render its decision in the form of a written recommendation to the City Council. The recommendation shall include:

(1) The reasons for the recommendation;

(2) The relationship of the proposed amendment to the General Plan and to applicable specific plans;

(3) The findings and determinations of the Planning Commission with respect to the proposed amendment.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Upon receipt of the recommendation of the Planning Commission concerning the proposed amendment, the City Council shall hold a public hearing thereon. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of public hearing by the Planning Commission, in accordance with State law and consistent with Section 9-6.111, Public Notification, and Section 9-6.112, Public Hearings, of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

After consideration of the recommendation of the Planning Commission and the completion of the public hearing, the City Council may approve, modify or disapprove the proposed amendment; provided that any modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its public hearing on the matter, shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on the modification.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) The following standard findings must be made for each General Plan amendment. Specific findings may also be required by the decision-making body on a case-by-case basis.

(1) The potential effects of the proposed General Plan amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare of the City.

(2) The proposed General Plan amendment is internally consistent and compatible with the goals, policies, and actions of the General Plan.

(3) If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.

(4) The proposed General Plan amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

(b) The following standard findings must be made for each Zoning Ordinance amendment. Specific findings may also be required by the decision-making body on a case-by-case basis.

(1) The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

(2) The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.

(3) If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.

(4) The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

When an application for a change of district boundaries has been submitted by a property owner and subsequently has been denied, no new application by a property owner for a similar change or intent shall be filed or considered within one year of the date of closing of the hearing on the application before the Planning Commission. This provision does not prevent the initiation of proceedings by either the Planning Commission or the City Council.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Within (thirty) 30 days after the final adoption of an ordinance changing the Zoning of any property from one Zoning District to another, the City Council shall notify the Fresno County Assessor of such action.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)