Chapter 14.27 — AMENDMENTS

The purpose of this chapter is to establish procedures for amending the zoning map or zoning regulations whenever the public necessity, convenience or general welfare require such amendments. The amendment process is necessary to maintain consistency with the general plan and state law over time, to supplement zoning regulations, and to improve the effectiveness and clarity of the zoning ordinance. The provisions and procedures of this chapter are applicable to amendments to the Downtown San Rafael Precise Plan, formbased code and downtown zoning map, which are adopted by separate ordinance.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 9.1), 8-6-2021)

A.

The planning commission shall recommend to the city council approval, approval with modifications, or denial of the requested amendment to the zoning map or zoning regulations. After the hearing, the planning commission shall render its decision to the city council in the form of written recommendation in a report which shall include the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to applicable general and specific plans.

B.

If the matter under consideration is to rezone property, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take any further action thereon unless appealed. Upon receipt of a recommendation from the planning commission to approve an amendment, the city clerk shall set the matter for public hearing. The city council shall hear and decide requests for amendments to the zoning map or zoning regulations based on recommendation for approval by the planning commission, or on appeal.

(Ord. 1625 § 1 (part), 1992).

A.

Zoning Map. Amendments to the zoning map may be initiated by:

1.

Application of one or more property owners affected by the proposed amendment;

Action of the planning director;

3.

Action of the planning commission; or, by

4.

Action of the city council.

B.

Zoning Regulations. Amendments to zoning regulations may be initiated by:

1.

Application of any property owner, resident or business owner in the city;

2.

Action of the planning director;

3.

Action of the planning commission; or, by

4.

Action of the city council.

(Ord. 1625 § 1 (part), 1992).

Applications for amendments to the zoning map or zoning regulations by the public shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director.

(Ord. 1625 § 1 (part), 1992).

The planning commission shall hold a public hearing on any proposed rezoning or amendment to the zoning ordinance. Notice of public hearing shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.27.060 - Findings.

The city council may approve an amendment to the zoning map or zoning regulations if the following findings can be made:

A.

The proposed amendment is consistent in principle with the general plan.

B.

The public health, safety and general welfare are served by the adoption of the proposed amendment.

(Ord. 1625 § 1 (part), 1992).

The city council shall prepare a written decision which shall contain the findings of fact upon which such decision is based. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

14.27.080 - Effect of failure to give notice.

No action, inaction or recommendation regarding a proposed amendment to the zoning map or zoning regulations by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice

required by this chapter, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.

(Ord. 1625 § 1 (part), 1992).

14.27.090 - Revisions of proposed amendments.

At or after a public hearing, the planning commission or city council may determine that the public interest would be served by:

A.

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

B.

Considering zoning map designations not originally presented in an application, motion or commission recommendation; or

C.

Considering a zoning regulation amendment not originally presented in a motion, application or commission recommendation.

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. Any proposed amendment not previously considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, shall be deemed to be approval of the proposed modification.

(Ord. 1625 § 1 (part), 1992).

If an application for an amendment to the zoning map or zoning regulations is denied, no new application or petition for the same, or substantially the same, amendment shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Unincorporated territory adjoining the city, within the sphere of influence, may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city.

A.

Initiation. Prezoning may be initiated by action of the planning commission or city council, or by an application filed by a property owner(s), or the owner's authorized agent, within the proposed prezoning area.

B.

Application. Application for prezoning may be initiated by a member of the public through the same procedures specified in Section 14.27.040, Application for amendments initiated by the public, for filing an application to amend the zoning map or zoning regulations.

C.

Effective Date. Prezonings approved by the city council shall become effective at the same time the annexation becomes effective.

(Ord. 1625 § 1 (part), 1992).

Chapter 14.28 - APPEALS