Chapter 20.78 — CONDITIONAL ZONING

Conditional zoning is a discretionary action that enables the city to ensure that proposed zoning map amendments do not create negative impacts to the community or public service provision.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Imposition of Conditions. Upon the establishment of zoning for any property newly annexed, or upon any rezoning of property within the City of Merced, the city council may impose conditions deemed necessary to:

1.

Protect the community against potentially negative effects of uses permitted in the zoning district regulations; or,

2.

Facilitate meeting the community's public service demands created or affected by use of such parcel of land as permitted by the zoning district regulations.

B.

Zoning Map Notation. Imposition of conditions pursuant to this chapter shall be indicated by appropriate designation on the official zoning map.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Three (3) years after the approval of conditional zoning, the planning commission may review the conditional zoning district to determine development progress. If at that time no progress has been made towards the development for which the conditional zoning was obtained, the planning commission may recommend to the city council that the conditional zoning be revoked and the land revert to its original zoning designation.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General. Any amendments or changes to approved conditions shall be approved by the city council. The city council shall hold a noticed public hearing for the requested change in compliance with Chapter 20.70 (Public Notice and Hearings).

B.

Minor Changes. Minor changes to conditions may be approved by the director of development services, provided that the changes comply with the criteria in Section 20.72.050 (Minor Changes).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Zone Changes Permitted. Nothing in this chapter shall be deemed to prohibit the city from rezoning all or a portion of a property subject to conditional zoning to another zoning district.

B.

Effect of Zone Change. When a property subject to conditional zoning is rezoned to a different zoning district, the conditions imposed under the former zoning designation shall cease to exist.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Compliance Required. All uses and development established on a property subject to conditional zoning shall comply with the conditions imposed by the city as part of the rezoning.

B.

Violations. Any failure to comply with a condition shall constitute a violation of the zoning ordinance and shall be corrected in a manner consistent with Title 1 of the Merced Municipal Code.

C.

Rezoning. If a violation of a condition is not corrected, the city may revoke the conditional zoning and rezone the property to any other zoning district as deemed appropriate. Such rezoning shall occur in a manner consistent with Chapter 20.80 (Zoning Ordinance Amendments).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.80 - ZONING ORDINANCE AMENDMENTS

This chapter establishes procedures for amending the zoning ordinance text and map. All amendments to the zoning ordinance shall be processed as set forth in Government Code Section 65853 et seq. and as specified in this chapter.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Zoning Map Amendment or Zone Change. A request for an amendment to the zoning map may be initiated by:

1.

The city council; or,

The planning commission (with the concurrence of the city council); or,

3.

The director of development services (with the concurrence of the city council); or,

4.

One (1) or more owners of the property for which the amendment is sought.

B.

Zoning Ordinance Text Amendment. A request for an amendment to the text of the zoning ordinance may be initiated by:

1.

The city council; or,

2.

The planning commission (with the concurrence of the city council); or,

3.

The director of development services (with the concurrence of the city council); or,

4.

Any resident, property owner, or business owner in the City of Merced.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

An application for a zoning ordinance amendment shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review). The application shall include the information and materials specified by the development services department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.80.060 (Findings and Decision).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.80.040 - Planning commission hearing and action.

A.

General. The planning commission shall conduct a public hearing on a proposed zoning ordinance amendment in compliance with Chapter 20.72 (Public Notice and Hearings).

B.

Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed zoning ordinance amendment, based upon the findings specified in Section 20.80.060 (Findings and Decision) below. The development services department shall forward the planning commission's recommendation, and the reasons for the recommendation, to the city council within ninety (90) days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C.

Denial.

1.

The planning commission may recommend denial of the proposed zoning ordinance amendment based upon the findings specified in Section 20.80.060 (Findings and Decision) below.

2.

If at least four (4) members of the planning commission do not vote to recommend approval or denial, then the action shall be deemed a recommendation of denial.

3.

For a zoning map amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing (along with applicable fees) with the city clerk or planning division within five (5) business days after the planning commission recommendation is filed with the city council.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.80.050 - City council hearing and action.

A.

General. After receipt of the planning commission's recommendation of approval on the proposed zoning ordinance amendment, the city council shall conduct a public hearing in compliance with Chapter 20.70 (Public Notice and Hearings). If the planning commission recommends denial or their action was deemed a recommendation of denial, then the city council shall not be required to take any further action on the amendment unless an interested party requests a hearing by filing a written request with the city clerk or planning division within five (5) business days after the planning commission files its recommendations with the city council.

B.

Approval or Denial. The city council may approve, conditionally approve, or deny the proposed zoning ordinance amendment. The city council shall approve zoning ordinance amendments by ordinance.

C.

Finality of Action. The action by the city council shall be by a majority vote of the entire Council and shall be final and conclusive.

D.

Referral to Commission. If the city council proposes to adopt a substantial modification to the zoning ordinance amendment not previously considered by the planning commission, the proposed modification may be first referred to the planning commission for its recommendation.

E.

Failure to Report. Failure of the planning commission to report back to the city council within sixty (60) days following the referral, or within the time set by the city council, shall be deemed a recommendation for approval.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A zoning ordinance amendment becomes effective thirty (30) calendar days following the second reading and adoption of the ordinance by the city council at the first regular council meeting following the introduction of the ordinance at the conclusion of the public hearing. (See Government Code Section 36937).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.82 - GENERAL PLAN AMENDMENTS

20.82.010 - Purpose.

This article establishes procedures for amending the general plan. All amendments to the general plan shall be processed as set forth in Government Code Section 65350 et seq. and as specified in this chapter.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Land Use Map Amendments. A request for an amendment to the general plan land use map may be initiated by:

1.

The city council; or,

2.

The planning commission (with the concurrence of the city council); or,

The director of development services (with the concurrence of the city council); or,

4.

One (1) or more owners of the property for which the amendment is sought.

B.

Text Amendments. A request for an amendment to the text of the general plan may be initiated by:

1.

The city council; or,

2.

The planning commission (with the concurrence of the city council); or,

3.

The director of development services (with the concurrence of the city council); or,

4.

Any resident, property owner, or business owner in the City of Merced.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

An application for a general plan amendment shall be filed and reviewed in compliance with Chapter 20.66 (Permit Application and Review). The application shall include the information and materials specified by the development services department, together with all required application fees.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General. The planning commission shall conduct a public hearing on a proposed general plan amendment in compliance with Chapter 20.70 (Public Notice and Hearings).

B.

Recommendation. After the close of the public hearing, the planning commission shall make a written recommendation on the general plan Amendment. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the planning commission. If at least four (4) members of the planning commission do not vote to recommend approval or denial, then that action shall be deemed a recommendation of denial. The planning commission shall send its recommendation to the city council.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General. After receipt of the planning commission's recommendation of approval, the city council shall conduct a public hearing in compliance with Chapter 20.70 (Public Notice and Hearings). If the planning commission recommends denial or their action was deemed a recommendation of denial, then the city council shall not be required to take any further action on the general plan amendment unless an interested party requests a hearing by filing a written request (along with any applicable fees) with the city clerk or planning division within five (5) business days after the planning commission files its recommendations with the city council.

B.

Approval or Denial. The city council may approve, modify or disapprove the recommendation of the planning commission. The city council shall approve the general plan amendment by resolution.

C.

Finality of Action. The action by the city council shall be by a majority vote of the entire council and shall be final and conclusive.

D.

Referral to Commission. If the city council proposes to adopt a substantial modification to the general plan amendment not previously considered by the planning commission, the proposed modification may be first referred to the planning commission for its recommendation.

E.

Failure to Report. Failure of the planning commission to report back to the city council within sixty (60) days following the referral, or within the time set by the city council, shall be deemed a recommendation of approval.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A general plan amendment becomes effective immediately following the adoption of the resolution by the city council.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

There shall be no limit on the number of times the general plan may be amended in a single calendar year.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)