Santa Rosa Zoning Code Ch. 20-64 Amendments (§ 20-64.010

This Chapter provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare. (Ord. 3677 § 1, 2004)

A.

Applicability.

1.

General Plan. A General Plan amendment may include revisions to text or diagrams.

2.

Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.

3.

Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.

a.

A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

B.

Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated in compliance with the following:

1.

Eligibility for initiation of amendment. A General Plan, Zoning Map, and/or Zoning Code text amendment may be initiated by:

a.

A resolution of the Council or Commission;

b.

The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or

c.

A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

2.

Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.1.b, shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20-64.050 (Findings), below.

3.

Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

C.

Public hearings required.

1.

After the initial processing of a proposed amendment in compliance with Chapter 20-50 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2.

Notice of the hearings shall be given in compliance with Chapter 20-66 (Public Hearings).

3.

Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D.

Continuance of hearing.

1.

The Commission or Council may continue a hearing on a proposed amendment from time to time, but the continuances shall not exceed a total of 100 days from the date of the initial opening of a public hearing before the applicable review authority.

2.

Following the closing of the hearing the Commission or Council may continue its discussion and action on the matter for a period of time not to exceed 60 additional days.

If determined necessary by a majority vote of the members present, the Commission or Council may continue the discussion and action for a period of time not to exceed 60 additional days.

4.

No further continuances shall be allowed, unless expressly approved by the applicant.

(Ord. 3677 § 1, 2004; Ord. 2020-001 § 9)

A.

Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of at least four Commission members; otherwise the proposal shall be deemed denied.

B.

Modification of amendments.

1.

The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission reconsideration.

2.

The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council. C.