Chapter 5.16 — AMENDMENTS

This Code may be amended by changing the zoning map or the zoning regulations. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Zoning Regulations. Amendments to the zoning regulations shall be initiated by resolution of intent of the City Council or the Planning Commission, or by the Community Development Director, or may be initiated upon request by the owner or authorized agent of property within the City.

B. Zoning Map. Amendments to the zoning map shall be initiated by resolution of intent of
the City Council or Planning Commission, or by the Community Development Director, 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.
(Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4)

Owners.

A property owner shall initiate a request for a zoning map amendment or code amendment by filing the following with the Zoning Enforcement Official:

A. A completed application form;

B. A completed Initial Study form (San Leandro Administrative Code Chapter 5-1, Community Development: Implementation of California Quality Act CEQA Guidelines);

C. The Zoning Enforcement Official may require:

1. 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;

2. A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor or Tax Collector, showing the names and addresses of the owner(s) 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.1 above and shall be accompanied by mailing labels.

D. The required fee. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Scope. The Zoning Enforcement Official 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 or code amendment or a resolution for a zoning regulation amendment, describing the area to be considered for change and, if warranted, proposing alternative amendments.

B. Notice of Hearing.

1. Procedure. Notice shall be given in accord with Subsection C.1 of Section 5.08.116
Notice and Public Hearing.

2. Zoning Map Amendments: One Thousand 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)(4).

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;

3. Reference to the City Council or Planning Commission resolution or the application
and other materials on file with the Zoning Enforcement Officials for detailed
information; and

4. A statement that any interested party or agent may appear and be heard.
(Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4)

A. Public Hearing. At the time and place set for the public hearing, the Planning Commission shall consider a report of the Zoning Enforcement Official 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 Planning Commission
will make specific findings as to whether the proposed zoning regulation or zoning map
amendment is consistent with the policies of the General Plan and the purposes of this
Code, and shall recommend approval, conditional approval, or denial of the proposal as
submitted or in modified form to the City Council.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A Planning Commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by property owner request shall terminate proceedings, unless appealed. Notice of such action shall be mailed to the applicant within seven days of the Planning Commission's decision. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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, or receipt of an appeal of a Planning Commission recommendation of denial, the City Clerk 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 Planning Commission recommendation. The City Clerk shall give notice of such hearing in the manner prescribed as required by Section 5.16.112 Public Hearing Scope and Notice.

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

C. City Council Decision. Within 21 days after the public hearing, the City Council shall
approve, modify, or reject the Planning Commission recommendation, provided that a
substantial modification not previously considered by the Planning Commission shall be
referred to the Planning 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 City Council
shall be deemed approval of the proposed modification. Prior to adoption of an ordinance,
the City Council shall make findings that the proposed change to the zoning regulation or
zoning map is consistent with the policies of the General Plan and the notice and hearing
provisions of this chapter.
(Ord. 2001-015 § 1; Ord. 2014-011 § 2; Ord. 2020-002 § 4)

A. Revisions. At or after a public hearing, the Planning Commission or the City 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 Planning Commission recommendation; or

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

B. Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment,
unless the Planning Commission or City Council finds that the revised amendment will not
have impacts greater than those that would result from the amendment in its original form.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Following denial of an application or property owner request for an amendment to the zoning regulations or the zoning map by the City 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. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)