§ 19.56

This Division establishes provisions for the amendment of the General Plan, the official Zoning Map, or this Zoning Ordinance whenever required by public necessity and general welfare.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.56.020 - Applicability.

A.

General Plan. A General Plan amendment may include revisions to text or diagrams.

B.

Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

C.

Zoning Ordinance. A Zoning Ordinance amendment may modify any standard, requirement, or procedure applicable to land use and/or development within the City.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

An amendment to the General Plan, the Zoning Map, or this Zoning Ordinance shall be initiated in compliance with this Section.

A.

Who May Initiate an Amendment. An amendment may be initiated by:

1.

A resolution of intention by the Planning Commission or Council; or

2.

An application submitted in accordance with Division 19.40 (Permit Application Filing and Processing.

3.

A proposal initiated or authorized by the Director.

B.

Application Filing and Processing.

1.

An application for an amendment shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing).

2.

The application shall be accompanied by the information identified in the Department handout for amendment applications.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.56.040 - Hearings and Notice.

A.

Scheduling of Hearings. Upon receipt of a complete application to amend the General Plan, the Zoning Map, or this Zoning Ordinance, or upon initiation by the Planning Commission or Council, and following Department review, public hearings shall be scheduled before the Planning Commission and Council.

B.

Notice of Hearings. Notice of the hearings shall be given in compliance with Division 19.58 (Public Hearings).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The Planning Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 19.56.070 (Findings and Decision), below.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Approval or Disapproval of Amendment. Upon receipt of the Planning Commission's recommendation, the Council shall, approve, approve in modified form, or disapprove the proposed amendment based upon the findings in Section 19.56.070 (Findings and Decision), below.

B.

Referral to Commission.

1.

If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Planning Commission during its hearings, the proposed modification shall be first referred back to the

Planning Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zoning Map/Ordinance Amendments]).

2.

Failure of the Planning Commission to report back to the Council within 40 days after the referral, or within any longer time set by the Council, shall be deemed a recommendation for approval of the modifications.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.56.070 - Findings and Decision.

A.

Findings for General Plan Amendments Not Involving the UGB. An amendment to the General Plan not involving the Urban Growth Boundary may be approved only if the Review Authority first makes all of the following findings:

1.

The proposed amendment is internally consistent with the General Plan;

2.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

3.

The proposed amendment would further the goals, objectives, policies and programs of the General Plan.

4.

If involving a land use map amendment, the following additional finding shall be made: the site is physically suitable (including consideration of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use.

B.

Findings for a General Plan Amendment to the UGB. In accordance with Ordinance No. 1379A adopted by the voters of the City of Novato, the Urban Growth Boundary (UGB) may be amended only by a vote of the people or pursuant to the any of the following procedures. Until November 4, 2017, an amendment to the UGB may be approved by the Council only in compliance with one or more of the criteria listed in Subsections B.1 through B.5 below, provided that the findings required by each Subsection are first made, in addition to the findings in Subsection A above.

1.

To provide for housing for all economic segments of the community, no more than 10 acres of land to be designated for residential uses, may be brought within the UGB in any calendar year. Such an amendment may be adopted by an affirmative majority vote of the Council, only if the Council first makes each of the following findings:

a.

The land is immediately adjacent to existing comparably developed areas, and the applicant for the redesignation (or the City if City-initiated) has provided evidence that the Novato Fire Protection District, Novato Police Department, Novato Community Development Department, the North Marin Water District, Novato Sanitary District, and the School District have adequate capacity to accommodate the proposed development and provide it with adequate public services;

b.

The proposed development will consist of primarily low and very low income housing in compliance with the Housing Element of the General Plan;

c.

There is no existing residentially designated land available within the UGB that can feasibly accommodate the proposed development;

d.

It is not reasonably feasible to accommodate the proposed development by redesignating lands within the UGB for low and very low income housing; and

e.

The proposed development is necessary to comply with state law requirements for the provision of low and very low income housing.

2.

To avoid an unconstitutional taking of private property, the Council may amend the UGB by an affirmative majority vote if it finds that:

a.

The implementation and/or application of the UGB would otherwise constitute a taking of a landowner's property for which compensation must be paid; and

b.

The amendment of the UGB will allow additional land uses consistent with the General Plan only to the minimum extent necessary to avoid such a taking of the landowner's property.

3.

To promote the public health, safety, and welfare, the Council may, by an affirmative majority vote, amend the UGB if it finds that the amendment is necessary for the development of a public park, public school, public facility, or public open space project, and such amendment is otherwise consistent with the General Plan then in effect.

To promote the public health, safety, and welfare, the Council may, by an affirmative majority vote, amend the UGB if the Council makes each of the following findings:

a.

The amendment is the only feasible method of addressing a significant threat to the public health, safety, and welfare;

b.

The amendment would not provide for new development; and

c.

The amendment only involves developed or substantially developed lands.

5.

The Council may, by an affirmative majority vote, exempt projects that have a vested right under law to proceed with development, if the Council determines that the exemption is necessary for the project to proceed consistent with that vested right.

C.

Findings for Zoning Map/Ordinance Amendments. An amendment to the Official Zoning Map or this Zoning Ordinance may be approved only if the Review Authority first finds all of the following, as applicable to the type of amendment:

1.

Findings Required for all Zoning Map/Ordinance Amendments.

a.

The proposed amendment is consistent with the General 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 provisions of the California Environmental Quality Act (CEQA), and the Novato Environmental Review Guidelines.

2.

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 uses/developments.

Additional Finding for Zoning Ordinance Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Ordinance.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A Zoning Ordinance/Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council. A General Plan amendment shall become effective upon the adoption of a resolution by the Council.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Purpose. An unincorporated property within the City's sphere of influence may be prezoned to the zoning district that would apply upon annexation to the City, and consistent with the principles of the Urban Growth Boundary.

B.

Initiation and Processing. A prezoning shall be initiated, processed, and approved or disapproved in the same manner as provided for other amendments by this Chapter.

C.

Application of Official Zoning Designation. Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the Zoning Map.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.56.100 - Waiver of Dual Annexation Policy for Proposed Special District Annexations.

A.

Purpose. This Section provides procedures for consideration of proposed annexations to the Novato Sanitation District of properties located within the City's Sphere of Influence but outside the City's Urban Growth Boundary to determine compliance with land use Policy 10A of the General Plan, and the Urban Growth Boundary Initiative. These procedures are intended to respond to the Dual Annexation Policy of the Marin County Local Agency Formation Commission (LAFCO).

B.

Applicability. These procedures apply only to referrals from LAFCO for a policy waiver for properties outside of the City limits but within the City's Sphere of Influence that are proposed for annexation to a special district to obtain urban services.

C.

Pre-application Review. Prior to the filing of a formal application for annexation with LAFCO, the applicant may file a request for pre-application review with the City, including the information and materials required by the Director. The Director shall determine whether the request is consistent with the criteria of the Urban Growth Boundary Ordinance and General Plan policies, and shall provide a preliminary determination.

D.

Requests for Policy Waiver.

1.

Requests for a Dual Annexation policy waiver based on health and safety issues shall be approved by the Director only if the Director finds the waiver necessary for public health and safety in accordance with Section 19.56.070B4. The director may refer the matter to the Planning Commission for a recommendation to the Council.

2.

If not a health and safety issue, requests for a Dual Annexation policy waiver on proposed special district annexations shall be referred to the Commission for a report and recommendation to the Council on consistency with the General Plan, including the Urban Growth Boundary ordinance.

3.

The Council shall hold a public hearing in compliance with Division 19.58, prior to a decision on a requested Dual Annexation Policy waiver. The requested waiver may be approved by affirmative vote of the majority of the Council only if the Council finds the waiver necessary for public health and safety, or if the Council finds that waiver of the Dual Annexation Policy meets any of the criteria and findings defined in Section 19.56.070 (Findings for a General Plan Amendment to the Urban Growth Boundary).

Dual Annexation Policy waiver. The requested waiver may be approved by affirmative vote of the majority of the Council only if the Council finds the waiver necessary for public health and safety, or if the Council finds that waiver of the Dual Annexation Policy meets any of the criteria and findings defined in Section 19.56.070 (Findings for a General Plan Amendment to the Urban Growth Boundary).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.58 - PUBLIC HEARINGS