Vallejo Municipal Code Ch. 16.611 Zoning Text and Map Amendments

This chapter provides procedures for changes that may be made to the text of the Zoning Code and to the zoning map; consistent with the general plan. The procedures in this chapter shall apply to all proposals to change the text of the Zoning Code or to revise a zoning district classification or zoning district boundary line shown on the zoning map.

A. Initiation. An amendment to the text of the zoning ordinance or to the zoning map may be initiated by:

1. City Council. A resolution of intention directing the planning commission to initiate an amendment;

2. Planning Commission. A resolution of intention initiated by the planning commission;

3. Text Amendment. An amendment to the text of the zoning ordinance may be initiated by any qualified applicant identified in Section 16.602.02, Application Forms and Fees; or

4. Map Amendment. An amendment to the zoning map may be initiated by a verified petition of one or more owners of property or city residents seeking reclassification.

B. Application Requirements.

1. Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the director accompanied by the required fee. The director may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

2. Coordination with Other Applications. The planning division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of the Zoning Code to be processed simultaneously with the proposed zoning amendment.

c. Review Procedures and Public Notice.

1. Staff report. The director shall prepare a report and recommendation to the planning commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Chapter 16.611, Zoning Text and Map Amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

2. Public Hearing Required. All zoning amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

3. Public Notice. At least twenty-one days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 16.602, Common Procedures.

D. Planning Commission Hearing and Recommendation.

1. Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 16.602, Common Procedures.

2. Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed zoning amendment to the city council. Such recommendation shall include the reasons for the recommendation, and the findings related to the criteria for zoning amendments in Chapter 16.611, Zoning Text and Map Amendments and shall be transmitted to the city council. If the matter under consideration is a proposal to reclassify a property from one zoning district to another and the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within fourteen days after the planning commission action.

E. City Council Hearing and Action. After receiving the report from the planning commission, the city council shall hold a duly noticed public hearing.

1. At least fourteen days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 16.602, Common Procedures. The notice shall include a summary of the planning commission recommendation.

2. After the conclusion of the hearing, the city council may approve, modify, or deny the proposed amendment.

The planning commission shall not recommend, and the city council shall not approve a zoning amendment unless it makes the following findings:

A. Zoning Code Text Amendments.

1. The ordinance amendment is consistent in principle with the general plan and any applicable specific plan; and

2. The ordinance amendment is consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare.

B. Revisions to Zoning District Boundaries/Zoning Map Amendment.

1. The change in district boundaries is consistent in principle with the general plan;

2. The change in district boundaries is consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare; and

3. The change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district.

The city council, to protect the public safety, health and welfare, may adopt an interim ordinance or moratorium prohibiting or allowing any uses or establishing development standards when this Zoning Code may otherwise be in conflict with a contemplated general plan, specific plan or zoning proposal which the city council, planning commission or the director is considering or studying or intends to study within a reasonable time. Nothing in this chapter shall limit the power of the city council, by virtue of the City Charter, to take necessary action to protect the public health, safety, and welfare.

A. Procedures.

1. In adopting an interim ordinance, the city council need not follow the procedures otherwise required prior to the adoption of an ordinance amendment as provided for in this chapter.

2. An interim ordinance may be adopted as an emergency ordinance pursuant to the provisions of Section 312 of the City Charter.

3. The city council as part of any interim ordinance, may adopt procedures to modify the standards contained in the interim ordinance, and may establish procedures which differ from those contained in Chapter 16.602, Common Procedures.

B. Required Finding. The city council shall not adopt or extend any interim ordinance pursuant to this chapter unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, and welfare.

C. Duration. An interim ordinance shall be of no further force and effect sixty days from its effective date. After notice and public hearing pursuant to the city council may extend the interim ordinance up to sixty months.

D. Compliance with State Requirements. Notwithstanding subsections (A) through (C) of this chapter, if the interim zoning ordinance would operate to prohibit a use otherwise authorized by the Zoning Code, the city council shall follow the procedure specified in Government Code Section 65858, or any successor legislation thereto.