Article 45 — Amendments (City-wide)

Oceanside Zoning Code · 2026-06 edition · ingested 2026-07-06 · Oceanside

Sections:

  • 4501 Applicability 4502 Initiation of Amendments

  • 4503 Required Application Materials for Amendments Initiated by Property Owners, Residents, or Business Owners

  • 4504 Public Hearing Scope and Notice

  • 4505 Duties of Planning Commission 4506 Duties of City Council 4507 Revisions of Proposed Amendments 4508 Resubmittal of Application 4509 Local Coastal Plan Amendments

4501 Applicability

This ordinance may be amended by changing the zoning map or the regulations.

4502 Initiation of Amendments

  • A. Zoning Regulations. Amendments to the zoning regulations shall be initiated by motion of the City Council or the Planning Commission, or by petition of any resident, property owner or business owner in the city.

  • B. Zoning Map. Amendments to the zoning map shall be initiated by motion of the City Council or Planning Commission or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

4503 Required Application Materials for Amendments Initiated by Property Owners, Residents or Business Owners

A property owner shall initiate a zoning map amendment by filing the following with the City Planner:

  • A. A completed application form;

  • B. A completed Initial Study form;

  • C. A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 300 feet of the boundaries of the property;

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  • D. A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within 300 feet of the boundaries of the property (This list shall be keyed to the map required by subsection [C] above.);

  • E. The required fee.

A property owner, resident or business owner shall initiate a zoning text amendment by submitting a description of the amendment accompanied by the items described above.

4504 Public Hearing Scope and Notice

  • A. Scope. The City Planner shall set a date, time, and place for the public hearing and prepare a report to the Planning Commission on an application of a property owner for a zoning map amendment or a petition for a zoning regulation amendment describing the area to be considered for change and, if warranted, proposing alternative amendments.

B. Notice of Hearing.

  1. Normal Procedure. Notice shall be given in accord with Government Code Sections 65090 and 65091.

  2. Zoning Map Amendments: 1000 or More Lots. If a proposed zoning map amendment includes 1,000 or more lots, notice may be given in accord with Government Code Section 65091(a) (3).

  • C. Contents of Notice. Notices required by this section shall contain:

    1. A description of the amendment;

    2. A statement of the date, time, and place of the hearing;

  1. Reference to the Council or Commission motion or application and other materials on file with the City Planner for detailed information;

    1. A statement that any interested party or agent may appear and be heard.

4505 Duties of Planning Commission

  • A. Public Hearing. At the time and place set for the public hearing, the Planning Commission shall consider a report of the City Planner and shall hear evidence for and against the proposed amendment. The Planning Commission may continue a public hearing to a definite date and time without additional notice.

  • B. Recommendation to City Council. Following the public hearing, the Commission shall make specific findings as to whether the proposed zoning regulation or zoning

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map amendment is consistent with the policies of the General Plan and the purposes of this ordinance, and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in modified form.

4506 Duties of City Council

  • A. Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment to the zoning regulations or map, the Council, shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within 60 days of the date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing, as required by Section 4504.

  • B. Public Hearing. At the time and place set for the public hearing, the Council shall hear evidence for and against the proposed amendment. The Council may continue a public hearing to a definite date and time without additional notice.

  • C. Council Decision. After the public hearing, the Council, shall approve, modify, or reject the Commission recommendation, provided that a modification not previously considered by the Commission shall be referred to the Commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the Council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance the Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this ordinance.

4507 Revisions of Proposed Amendments

  • A. Revisions. At or after a public hearing, the Commission or the Council may determine that the public interest would be served by:

    1. Revising the boundaries of an area proposed for a zoning map amendment;

    2. Considering zoning map designations not originally presented in a motion, application, or Commission recommendation;

    3. Considering zoning regulation amendments not originally presented in a motion, petition, or Commission recommendation.

  • B. Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment, unless the Commission, or Council, finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form.

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4508 Resubmittal of Application

Following denial of an application or petition for an amendment to the zoning regulations or the zoning map by the Commission or Council, no new application or petition for the same, or substantially the same, amendment shall be accepted within one year of the date of denial, unless denial is made without prejudice.

4509 Local Coastal Program Amendments

Amendments to the certified Local Coastal Program are subject to additional public noticing and processing requirements, pursuant to Coastal Act and Coastal Commission Regulations. All amendments to the Local Coastal Program shall be processed pursuant to the following:

  • A. At a minimum, all notices for public review sessions, availability of review drafts, studies, or other relevant documents or actions pertaining to the preparation of the LCP shall be mailed to:

    1. Any member of the public who has so requested;

    2. Each local government contiguous with the area that is the subject of the LCP;

    3. Local governments, special districts, or port or harbor districts that could be directly affected by or whose development plans should be considered in the LCP;

    4. All of the state and federal agencies listed in Appendix A of the California Coastal Commission’s Local Coastal Program Manual;

    5. Local libraries and media; and

    6. Other regional or federal agencies that may have an interest in or be affected by the LCP.

Any reference in this subchapter to "interested parties" or "public agency" shall include the aforementioned persons or groups.

  • B. Proposed LCP documents including review drafts shall be made available at no cost to relevant state agencies and to other interested persons and agencies upon request.

  • C. Notice of the availability of review drafts of LCP materials and transmittal of said documents pursuant to paragraphs (a) and (b) shall be made as soon as such drafts are available, but at a minimum at least six (6) weeks prior to any final action on the documents by City. Review drafts shall also be made readily available for public perusal in local libraries, in the administrative offices of the City and at the Coastal Commission offices.

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  • D. Notice of the City’s hearings on the LCP documents shall be given general publication and shall be transmitted to all interested persons and public agencies not less than ten (10) working days before the hearing. Where the City determines that it is legal, practical, and would increase public participation, the hearing should be held in the coastal zone or in a place easily accessible to residents of the coastal zone.

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- Article 46 Appeals and Calls for Review (City wide)

Sections:

4601 Purpose and Authorization for Appeals and Calls for Review

  • 4602 Rights of Appeal

  • 4603 Time Limits for Appeals and Calls for Review 4604 Initiation of Appeals and Calls for Review

  • 4605 Procedures for Appeals and Calls for Review

  • 4606 Effective Date 4607 New Application

  • 4608 California Coastal Commission Appeals

4601 Purpose and Authorization for Appeals and Calls for Review

  • A. Appeals. To avoid results inconsistent with the purposes of this ordinance, decisions of the City Planner on projects other than those located within the Redevelopment Project Area may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council. Decisions of the City Planner for proposals within the Redevelopment Project Area may be appealed to the Community Development Commission.

  • B. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this ordinance, decisions of the Planning Commission may be called up for review by the City Council.

4602 Rights of Appeal

Rights of appeal are prescribed in the individual articles of this ordinance authorizing each decision that is subject to appeal.

4603 Time Limits for Appeals and Calls for Review

  • A. Appeals by Applicant Only. Appeals of decisions appealable only by an applicant shall be initiated within 10 days of the date of the decision, except that in the instance where a time extension application for a Tentative Map is denied, the subdivider shall initiate an appeal within 15 days of the date of the denial decision, pursuant to the State Subdivision Map Act.

  • B. Appeals by Interested Parties. Appeals of decisions appealable by any interested party shall be initiated within 10 days of the decision, except that in the instance where a time

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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extension application for a Tentative Map is denied, an interested party shall initiate an appeal within 15 days of the date of the denial decision. No other persons other than an applicant or an interested party may appeal a decision.

  • C. Time Limits. When the appeal period ends on a weekend or holiday, the time limits shall be extended to the next working day.

  • D. Appeals of projects in the Coastal Zone. Projects located within the City’s Coastal Zone, as delineated on the City’s Post LCP Certification Permit and Appeal Jurisdiction map on file in the Planning Division, shall be subject to the appeal time limits described in the City of Oceanside Coastal Permit Handbook/Local Coastal Program.

  • E. Calls for Review. Calls for review of decisions shall be initiated prior to the end of the appeal periods prescribed by Subsections (A), (B), (C), and (D), which is the effective date of the decision to be reviewed.

4604 Initiation of Appeals and Calls for Review

  • A. Filing of Appeals. An appeal of a City Planner decision (not including City Planner decisions on time extensions requests, which may not be appealed) shall be filed in writing with the Planning Division, for projects located outside the Redevelopment Project Area, and with the City Clerk, for projects located within the Redevelopment Project Area. Appeals shall be accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasons or justification for an appeal. An appeal of a Planning Commission decision shall be filed in writing with the City Clerk and shall be accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasons or justification for an appeal. In all cases, the reasons or justifications given by the appellant shall form the basis on which the appeal hearing before the appropriate appellate body shall focus. Issues not raised by the appellant in the written appeal cannot be considered in the appeal hearing.

The requirement of a fee for an appeal shall be waived for the following circumstances:

  1. The appeal of a City Planner or a Planning Commission decision is filed within the specified time period and is accompanied by the signatures of 50% of the property owners within the noticed area or 25 signatures of the property owners or tenants within the noticed area, whichever is less.

  2. The appeal is for a City Planner interpretation as per Section 240 of this Ordinance.

  3. The appeal is for a City Planner decision on an application where the submitted application did not require a fee.

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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  • B. Calls for Review. A call for review shall be filed in writing by at least two members of the City Council with the City Clerk specifically stating the reasons for such review. No fee shall be required.

  • C. Effect on Decisions. Decisions that are appealed or called up for review shall not become effective until the appeal is resolved, as provided in Section 4605.

4605 Procedures for Appeals and Calls for Review

  • A. Appeal Hearing Date. An appeal filed by an applicant or interested party shall be scheduled for a hearing before the appellate body within 30 days of the Clerk’s receipt of an appeal unless otherwise specified by State Law. A call for review filed by at least two members of the City Council shall be scheduled for a hearing before the appellate body within 30 days of the Clerk’s receipt of a call for review unless otherwise specified by State Law.

  • B. Notice and Public Hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed.

  • C. Plans and Materials. At an appeal or review hearing, the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision . and only the issue(s) raised by the appeal or the call for review. Compliance with this provision shall be verified prior to or during the hearing by the City Planner. No person shall raise a matter before the City Council which was not raised before the Planning Commission, unless the person can show that the matter is based on new information which was not available at the time of the Planning Commission hearing, or that the person for good cause was unable to raise the matter at the time of the Commission hearing.

  • D. Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

1. Hearing on Appeal of Decision by the City Planner. Issues not raised by the appellant in the written appeal cannot be considered in the appeal hearing.

2. Hearing on Appeal of Decision by Planning Commission. The hearing on an appeal shall be a de novo hearing.

  • E. Decision and Notice. After the hearing, the appellate body shall affirm, modify, or reverse

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. Decisions on appeals or review shall be rendered by adoption of a resolution. The City Planner shall mail notice of a Planning Commission decision and the City Clerk shall mail notice of the appellate body’s decision. Such notice shall be mailed within seven (7) working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice.

E. Decision

1. For appeals from a decision of the City Planner, after the hearing the Planning Commission shall consider the appeal and shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the Planning Commission shall state the specific reasons for modification or reversal. Decisions on appeals or review shall be rendered by adoption of a resolution.

2. For appeals from a decision of the Planning Commission, the City Council shall consider the appeal and shall either: 

     - **a. Affirm the decision of the Planning Commission; or** 

     - **b. Render its decision de novo on the appeal.** 

  - **When a decision is rendered de novo, the appellate body shall state the specific reasons for modification or reversal.  Decisions on appeals or review shall be rendered by adoption of a resolution.**

3. The decision of the City Council in the case of any such appeal shall be the final determination of the City.

  • F. Notice. The City Planner shall mail notice of a Planning Commission decision and the City Clerk shall mail notice of the appellate body’s decision. Such notice shall be mailed within seven (7) working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice.

4606 Effective Date

A decision by the City Council regarding an appeal or call for review shall become final on the date of the decision. A decision by the Planning Commission regarding an appeal shall become final on the date of the decision, unless appealed to the City Council.

4607 New Application

Following a decision on an appeal at the City Council level or an action taken on a decision

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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called for review, an application may not be filed with the Planning Division for any matter or project that is the same or substantially similar for a period of one year, unless the decision is made without prejudice.

4608 California Coastal Commission Appeals

Projects located within the appealable areas of the City’s Coastal Zone, as delineated on the City’s Post LCP Certification Permit and Appeal Jurisdiction map on file in the Planning Division, shall be subject to the appeal procedures described in the City of Oceanside Coastal Permit Handbook/Local Coastal Program.

(Bold/underlined/italicized or stricken text indicates City Council adopted revisions, in effect in inland areas only. California Coastal Commission certification of a LCPA for coastal zone properties is currently pending.)

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