Mountain House Municipal Code § 9-8-705 Conditional Zone Reclassification

It is the intent of this Chapter to provide a method for the reclassification of property from one zoning district to another, as provided in the California Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Zone Reclassification may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Zone Reclassification Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section.

(a) Planning Commission. At the conclusion of the Public hearing, the Planning Commission shall recommend approval of the application of deny the application.

(1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.

(2) If the Planning Commission denies the Zone Reclassification Application, the action is final, unless appealed to the City Council.

(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission's denial was appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to taking action on an application for a Zone Reclassification, the impact of the proposed Zone Reclassification on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the Zone Reclassification on the financial and fiscal resources of the community and the City shall be determined.

(a) If the Director decides that private consulting services are required, the Director shall select a consultant.

(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a Zone Reclassification, the Planning Commission and the City Council shall determine that all of the following are true:

(a) The zone district is consistent with the General Plan, the Master Plan, any applicable Specific Plan and the Public Financing Plan;

(b) The zone district is reasonable and beneficial at the time;

(c) The zone district shall not adversely affect the jobs/housing program and housing affordability; and

(d) All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

In order to reflect local conditions, ensure compatibility of uses, protect the public health and safety, and otherwise implement the General Plan, reclassifications may be initiated in which only certain specified uses of the regulating zone are allowed. Such reclassifications shall be referred to as Conditional Zone Reclassifications.

(a) Process. Conditional Zone Reclassifications shall be subject to the same application requirements, the same review procedures, and the same determinations for approval as conventional reclassifications.

(b) Designation. Conditional Zone Reclassifications shall be shown on the zoning map by the zone designation, followed by the letter "S," followed by a number which references a table. The table may specify what uses or use types are allowed or prohibited and/or impose a higher level of review on any underlying projects than that normally required by the regulating zone. The table shall be maintained by the Director.

(c) Removal of Conditional Zoning. Upon completion of the terms and conditions of a Conditional Zone Reclassification Director may deem the terms and conditions of the Conditional Zone Reclassification fulfilled, if in the Director's judgment the following are true:

(1) The reason for approving the Conditional Zone Reclassification no longer exists,

(2) The compatibility of uses in the area is ensured,

(3) Public health and safety is protected, and

(4) The internal consistency of the General Plan is maintained.

If the Director determines the terms and conditions have been satisfied, the Conditional Zone designation shall be removed from the Zoning Map and any listing of Conditional Zone Reclassifications.

(Ord. 2024-18, § 1(Exh. A), 2024)