Salinas Municipal Code § 37-60.1140 Pre-zoning required

The purpose of this division is to provide a process to change the boundaries of zoning districts on the zoning map (including the pre-zoning of areas that will be annexed to the city) and to change regulations of this Zoning Code. Figure 37-60.100 illustrates the rezone, pre-zone, and Zoning Code amendment process.

(Ord. No. 2463 (NCS).)

An application for a rezone, pre-zone, or Zoning Code amendment shall be initiated by submitting an application to community planning and development in accordance Division 2: Application Procedures of this article.

(Ord. No. 2463 (NCS).)

(a) The city planner shall set the time, date, and location of public hearings.

(b) The city planner shall undertake environmental review in regard to the proposal, and, upon completion of such review and a review of the required findings ( Section 37-60.1120: Required findings of this division), transmit the application, together with a staff report containing a recommendation to the planning commission and city council, as applicable.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision.

(1) Following the conclusion of the public hearing, the planning commission shall make written recommendations to the city council to approve or deny the application as submitted or in modified form and shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.1120: Required findings of this division.

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(2) In the event that the planning commission is unable to make a recommendation to the city council on the application because a motion on the application fails to receive a majority vote resulting in no action being taken by the planning commission, the application shall be forwarded directly to the city council with a record of the planning commission's vote and the proceedings thereon.

(3) Failure of the planning commission to render its report and recommendation within forty days or within the time period designated by the city council, shall be deemed a recommendation for approval in accordance with Government Code Section 65853.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. After the planning commission makes a recommendation on the application, the city council shall hold a public hearing on the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The city council shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision. Following the conclusion of the public hearing, the city council shall approve, modify, or reject the planning commission's recommendation, provided that a substantial modification not previously considered by the planning commission shall be referred to the planning commission for a written recommendation prior to consideration of an amendment (such a modification may require additional environmental review in accordance with CEQA if determined applicable by the city planner). Prior to adoption of a rezone, pre-zone, or Zoning Code amendment, the city council shall make written findings supporting the reason for the decision in accordance with Section 37-60.1120: Required findings of this division.

(Ord. No. 2463 (NCS).)

The planning commission, prior to making written recommendations to the city council, and the city council, prior to approving or approving with modifications a proposed rezone, pre-zone, or Zoning Code amendment, shall on the basis of the application and testimony submitted make all of the following findings:

(a) The amendment is consistent with the Salinas general plan, any applicable specific plan, and other plans and policies adopted by the Salinas city council;

(b) The amendment will not have the effect of reversing the policies of the Salinas general plan, any applicable specific plan, and other plans and policies adopted by the Salinas city council;

(c) The amendment would not create an isolated district unrelated to adjacent zoning districts; and

(d) The city has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.

(Ord. No. 2463 (NCS).)

The planning commission or the city council, as part of their consideration and evaluation of the application, may determine the public interest would be served by:

(a) Revising the boundaries of an area proposed for a rezone, pre-zone, or Zoning Code amendment;

(b) Considering zoning map designations not originally presented in a motion, application, or planning commission's recommendation; and

(c) Considering zoning regulation amendments not originally presented in a motion, petition, or planning commission's recommendation.

(Ord. No. 2463 (NCS).)

Areas located outside of the city limits shall be assigned pre-zoning designations prior to annexation to the city. Areas annexed into the city limits having a single general plan land use designation shall be pre-zoned in accordance with the general plan designation for the areas. Areas located in the future growth area located generally north of East Boronda Road annexed into the city limits shall be pre-zoned to the NI (new urbanism interim) zoning district with an "SP" (specific plan) overlay district. All other areas annexed into the city having a variety of general plan land use designations shall be pre-zoned to the agricultural (A) zoning district. Upon annexation of the areas to the city, the pre-zoning designation(s) shall become zoning districts for the area. The zoning map shall be amended to show the new city limits and zoning district(s) of the area, as applicable.

(Ord. No. 2463 (NCS).)