§ 21.25

The process for rezoning property or amending the Zoning Regulations shall be as follows:

A.

Planning Commission. The Planning Commission shall hear all proposals to rezone property or to change the text of the Zoning Regulations and shall recommend positive action on such matters to the City Council. Any action to deny a rezoning request or to change the text of the Zoning Regulations does not need to be transmitted to the Council. However, a recommendation to deny a rezoning may be appealed to the City Council.

1.

Transmittal to City Council. Within sixty (60) days following positive Planning Commission action, the Commission's recommendation shall be transmitted by the Department of Planning and Building to the City Clerk for presentation to the City Council.

2.

Information Required. The transmittal to the City Council shall give the reasons for the Commission's recommendation and shall indicate whether or not the decision was unanimous. In the event the decision

was not unanimous, the view of the minority opinion shall also be disclosed.

B.

City Council. Upon receipt of the recommendation of Planning Commission or notice of an appeal, the City Clerk shall set a time for consideration of the matter by the City Council.

1.

Noticing. In addition to giving notice of the hearing as required by Section 21.21.302, the City Clerk shall also notify the Planning Commission through the Director of Planning and Building. The Planning Commission may delegate authority to the Director of Planning and Building to present orally the Planning Commission recommendation.

2.

Council Action.

a.

Change Text of Zoning Regulations or Rezoning Property. City Council action to adopt, revise, or reject any recommendation of the Planning Commission relating to a change in the text of the Zoning Regulations or to rezoning property shall require an affirmative vote of five (5) members of the City Council.

b.

Effect in Coastal Zone. When an approved change in the text of the Zoning Regulations or a rezoning affects properties in the Coastal Zone, the change or rezoning shall be transmitted to the Coastal Commission for a determination of consistency with the certified local coastal program or an amendment thereto. The change in the text or rezoning shall not be effective in the Coastal Zone until after Coastal Commission approval.

(Ord. C-6595 § 6A, 1989; Ord. C-6533 § 1 (part), 1988)

In all cases, the Planning Commission and the City Council shall be required to make the following findings of fact before rezoning a parcel:

A.

The proposed change will not adversely affect the character, livability or appropriate development of the surrounding area; and

B.

The proposed change is consistent with the goals, objectives and provisions of the General Plan; and

C.

If the proposed change is a rezoning of an existing mobile home park, that the requirements of Section 21.25.109 have been or will be fully met.

(Ord. C-6533 § 1 (part), 1988)

The Department of Planning and Building shall take all necessary steps to enable the Planning Commission to hear a proposal within one hundred twenty (120) days of receipt of the request from the City Council, the Planning Commission or a private property owner. Any proposal initiated by the Director of Planning and Building shall be scheduled for Planning Commission hearing at the discretion of the Director of Planning and Building.

(Ord. C-6533 § 1 (part), 1988)

When any rezoning of an existing mobile home park is applied for, in addition to all other requirements of law, the applicant shall provide for the full cost of moving all mobile homes to a new location of the mobile home owner's choice or shall purchase the mobile home from the mobile home owner at fair market value (fair market value shall be determined by a licensed appraiser or realtor, acceptable to both the land owner and mobile home owner). The provision of moving expenses or purchase shall be the choice of the mobile home owner.

(Ord. C-6533 § 1 (part), 1988)

DIVISION II. - CONDITIONAL USE PERMITS

A.

Purpose. The City recognizes that certain types of land use, due to the nature of the use, require individual review. Such review shall determine whether the type of use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development conditions, can be made compatible with surrounding uses. This Division establishes procedures for this review.

(Ord. C-6533 § 1 (part), 1988)

Notwithstanding the provisions of Section 21.21.201 (Application), the right to apply for a conditional use permit shall be limited to affected property owners or their agents. Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standards, a separate standards variance application shall also be required.

(Ord. C-6533 § 1 (part), 1988)

A.

Planning Commission. The Planning Commission shall consider all applications for conditional use permits, except as set forth in Subsection 21.25.205.B., below. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council.

B.

Exceptions. Applications for the minor expansion of an existing conditional use shall be considered by the Zoning Administrator in accordance with the procedures for an administrative use permit as set forth in Division IV of this Chapter. Such minor expansion is limited to twenty-five percent (25%) of the existing use and five thousand (5,000) square feet of building area. Any expansion exceeding this limit shall be considered a new conditional use and shall be subject to the fees and procedures established for a new conditional use. This exception does not apply to the sale of alcoholic beverages (on-premises or offpremises).

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The approval is consistent with and carries out the General Plan, any applicable specific plans such as the local coastal program and all zoning regulations of the applicable district;

B.

The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life;

C.

The approval is in compliance with the special conditions for specific conditional uses, as listed in Chapter 21.52; and

D.

The related development approval, if applicable, is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

(ORD-09-0013, § 1, 2009; Ord. C-7032 § 8, 1992: Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall set the matter for public hearing within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

Conditions required by Division II of Chapter 21.52 may be waived but only if the waiver of those conditions will not conflict with other required findings, provided that conditions necessary for the protection of public health, safety and welfare may not be waived under any circumstances.

(Ord. C-6533 § 1 (part), 1988)

All conditions pertaining to the operation of the use shall be permanently posted, on a form provided by the Director of Planning and Building, at a location clearly visible to the public utilizing the facility. This provision shall apply to all facilities for which a conditional use permit has been issued since May 4, 1979. All uses previously approved shall come into compliance with this requirement within sixty (60) days of being notified of the need to comply.

(Ord. C-6595 § 24, 1989)

All projects for which a conditional use permit is approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-6933 § 42, 1991)