Pismo Beach Municipal Code Ch. 17.56 General Plan, Zoning Code/Map, and Local Coastal Program Amendments

The following provisions allow for the amendment of the general plan, this Zoning Code, the official zoning map, or the local coastal program, whenever required by public necessity and general welfare.

A general plan or local coastal program Amendment may include revisions to text, goals, policies, actions, or land use designations. Amendments to this Zoning Code may modify any standards, requirements, or procedures applicable to the subdivision, development, and/or use of property within the city. Zoning map amendments have the effect of rezoning property from one zoning district to another.

An amendment to the general plan, local coastal program, or this Zoning Code shall be initiated in compliance with this section.

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

1. The filing with the commission of a resolution of intention by the council;

2. The passage of a resolution of intention by the commission; or

3. The filing with the commission of a petition or application by the record owners of property which is the subject of a proposed amendment or by their authorized agents.

B. Application Requirements. An application for amendment shall be on the forms and accompanied by all information required by the department, and shall also be accompanied by the filing fee established by the city's fee resolution.

Upon receipt of a complete application to amend the general plan, this Zoning Code, the zoning map, or the local coastal program, or upon initiation by the director, commission, or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 17.58 (Public Hearings).

The 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 17.56.070 (Findings).

Upon receipt of the commission's recommendation, the council shall, approve, approve in modified form, or disapprove the proposed amendment based upon the findings in Section 17.56.070 (Findings).

If the council proposes to adopt any substantial modification(s) to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation. Failure of the commission to report back to the council within forty-five days after the referral, or within any longer time set by the council, shall be deemed a recommendation for approval of the modification(s).

A. Findings for General Plan amendments. An amendment to the general plan may be approved only if all of the following findings of fact can be made in a positive manner:

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;

3. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested/ anticipated land use development(s); and

4. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

B. Findings for Zoning Code/Map Amendments. An amendment to the text of this Zoning Code or the Official Zoning Map may be approved only if all of the following findings of fact can be made in a positive manner, as applicable to the type of amendment.

1. Findings Required for All Zoning Code/Map Amendments:

a. The proposed amendment is consistent with the goals, policies, and actions of 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 amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

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

3. Additional Finding for Zoning Map Amendments. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land use(s)/ development(s).

A. Purpose. An unincorporated property within the city's sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the city. The initiation and the procedures for the prezoning shall be the same procedures which govern the rezoning of property within the city.

Upon the effective date of annexation of property which has been prezoned in compliance with this section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the city's Official Zoning Map.

B. Commission action on Prezoning. The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on the findings contained in 17.56.080(D) (Findings for prezoning), below.

C. Council Action on Prezoning. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form or disapprove the proposed prezoning based on the findings contained in 17.56.080(D) (Findings for prezoning), below.

If the council proposes to adopt any substantial modification(s) to the prezoning not previously considered by the commission during its hearings, the proposed modification(s) may be first referred back to the commission for its recommendation, in compliance with State law (Government Code Section 65857) and Section 17.56.060 (Council Action on Amendments), above.

D. Findings for Prezoning. A prezoning may be approved only if all of the following findings of fact can be made in a positive manner:

1. The proposed prezoning is consistent with the goals, policies, and actions of the general plan;

2. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

3. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested/ anticipated land use(s)/development(s).

The certified local coastal program (LCP) or any portion (land use plan or relevant provisions of this Zoning Code) may be amended by the council in compliance with the provisions of this chapter for general plan and Zoning Code/map amendments; provided that an amendment to the LCP land use designations, or any Zoning Code provision applicable within the coastal zone shall not take effect until the amendment has been certified by the Coastal Commission, in compliance with the Coastal Act. Amendments to the LCP approved by the council in compliance with this chapter shall be prepared for submittal, filed with the Coastal Commission, processed and decided by the Coastal Commission in compliance with the Coastal Act.