Division I — ZONE CHANGES AND ZONING REGULATION AMENDMENTS

A.

Initiation. Zone changes and ordinance amendments may be initiated as provided for in Section 21.21.201.

B.

Jurisdiction. The City Council shall have the sole authority to rezone a property or to change the text of the Zoning Regulations. However, the City Council shall not act to rezone property or to change the text of the Zoning Regulations without first receiving a recommendation from the Planning Commission in accordance with this Title.

(ORD-19-0011 § 4, 2019; Ord. C-6533 § 1 (part), 1988)

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.

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.

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.

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.

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)