El Cerrito Municipal Code Ch. 19.40 Amendments to Zoning Map and Text

This Chapter provides procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map.

(Ord. 2008-2 Div. II (part), 2008.)

The procedures of this Chapter shall apply to all proposals to change the text of the Zoning Ordinance and/or to revise a zoning district classification or zoning district boundary line shown on the zoning map. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.

(Ord. 2008-2 Div. II (part), 2008.)

An amendment may be initiated by the City Council, Planning Commission, City Manager, Community Development Director, or by application of any of the following persons or entities:

A. One or more property owners affected by the proposed amendment, or their authorized agent.

B. A person who has entered into an agreement with the El Cerrito Redevelopment Agency for the possible assemblage of the property affected by the proposed amendment.

(Ord. 2008-2 Div. II (part), 2008.)

A. Application. A written application for amendment shall be filed with the Zoning Administrator on a form specified for that purpose and shall be accompanied by a fee in the amount set by the City Council.

B. Planning Commission Hearing and Action. The Planning Commission shall provide public notification and conduct a public hearing in compliance with the requirements of Chapter 19.32, Common Procedures and applicable provisions of state law. Within 30 days after concluding the hearing, the Planning Commission shall submit a recommendation on the proposed zoning amendment to the City Council. The recommendation shall include the reasons for the recommendation and information regarding the consistency of the proposed Zoning Ordinance amendment with the General Plan and any applicable specific plan. When the City Council has initiated a proposed zoning change, failure of the Planning Commission to report within 90 days shall be deemed to be a recommendation of approval of the proposed zoning amendment by the Commission.

C. City Council Hearing and Action.

1. Except as otherwise provided in this Subsection, after receiving the report from the Planning Commission or upon the expiration of the ninety-day period, the City Council shall set the matter for first reading and a public hearing after providing public notice as required by State law, per Chapter 19.32, Common Procedures. Notwithstanding the foregoing, if the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request with the City Clerk within ten days after the Planning Commission action.

2. After the conclusion of the hearing, the City Council may approve, modify or disapprove the recommendation of the Planning Commission.

D. Findings for Zoning Map or Text Amendments. An amendment to the Zoning Map or Text may be approved only if all the following findings are made, as applicable to the type of amendment:

1. Findings required for all Zoning Map/Text amendments:

a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;

b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

2. Additional finding for Zoning Text amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

3. Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land.

(Ord. 2008-2 Div. II (part), 2008.)