Portola Municipal Code Ch. 17.97 Zoning Ordinance Amendments

Any amendment to this title, which changes the zoning on any parcel or which modifies any provision of this title, shall be adopted in the manner set forth in this chapter.

(Ord. 289 § 2 (Exh. A (part)), 2002)

An amendment of this chapter may be initiated in any of the following manners:

A. Upon motion of the city council.

B. Upon motion of the planning commission.

C. Upon application by a property owner or owners of a parcel to be affected by an amendment of the zoning map which rezones the parcel, or amending the text of this title which applied to the parcel.

D. Upon recommendation by the director to clarify text, address changes mandated by state law, maintain general plan and specific plan consistency, to address minor boundary adjustments, or for any other reason beneficial to the city.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Application. An application for an amendment to this title, shall be submitted to the planning department on a signed application form provided by the planning department. The application shall be accompanied by a description of the amendment, a fee as established by the city council and any other information required by the planning department in order to determine compliance with this title, the general plan and any applicable specific plan.

B. Concurrent Processing. An application for an amendment may be processed concurrently with other applications, at the discretion of the director. Permits or variances approved in conjunction with a zoning ordinance amendment application shall not become effective until the zoning ordinance amendment is effective.

C. Review. Upon acceptance of the application, the planning department shall review the request and shall prepare a written report.

D. Public Hearing. The director shall give notice of the planning commission's intention to consider an amendment in accordance with Government Code Section 65854 as amended from time to time. The director may also provide such additional notice as the director deems appropriate or necessary based upon the nature of the proposed amendment.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The director shall prepare a written report which shall be mailed or delivered to the planning commission and the applicant not less than three days prior to the hearing.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Following a public hearing, the planning commission shall consider the proposed amendment and make a recommendation to the city council. The planning commission shall include the reasons supporting their recommendation and shall, at a minimum, discuss if the proposed amendment is consistent with:

1. The public interest, health, safety or welfare of the city, and

2. The general plan and any applicable specific plan of the City of Portola.

B. Findings. The planning commission may recommend and the city council may adopt any amendment to the zoning ordinance provided that it first makes the following findings:

1. The proposed amendment, including any changes proposed in the various land uses to be authorized, is compatible with the objectives, policies, general land uses, and programs specified in the general plan;

2. The proposed amendment is consistent with any applicable specific plan governing development of the subject property;

3. It is in the public necessity, convenience, and/or general welfare that the zoning regulations governing the property be changed; and

4. When a reduction in residential density is proposed, the following additional finding shall be made: The remaining sites identified in the housing element are adequate to accommodate the city's share of its regional housing need pursuant to California Government Code Sections 65584 and 65863.

C. The decision of the planning commission shall constitute a recommendation to the city council.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Prior to taking action on a recommendation by the planning commission for an amendment, the city council shall consider the findings of the planning commission.

(Ord. 289 § 2 (Exh. A (part)), 2002)