The city council may adopt an ordinance amending any prior zoning
ordinance, the Escondido Zoning Code, or the Escondido Zone District
map after a public hearing is held on the proposed amendment. To the
extent required by state law, the planning commission shall hold a
hearing and make recommendations on any such amendments prior to city
council consideration.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a) An application for a zoning amendment may be initiated by the city
or by the owner of property subject to the amendment. Applications
shall be on city forms and accompanied by the applicable fee.
(b) An application for a general plan amendment/specific plan amendment
may be initiated by the city or by the owner of property subject to
the amendment. Applications initiated by the owner of the property
subject to the amendment require initiation authorization by the city
council. Applications shall be on city forms and accompanied by the
applicable fees.
(Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2023-06, § 3, 3-8-23)
The planning commission's recommendation to the city council
shall be in writing and shall state the reasons for approval or denial
based on factors pursuant to section 33-1263. A recommendation of
denial shall terminate the process unless timely appealed by the applicant
to the city council.
(Ord. No. 2017-03R, § 4, 3-22-17)
The decisions of the planning commission and city council shall
be in writing and shall state the reasons therefore after consideration
of the following factors:
(a) That the public health, safety and welfare will not be adversely
affected by the proposed change;
(b) That the property involved is suitable for the uses permitted by
the proposed zone;
(c) That the uses permitted by the proposed zone would not be detrimental
to surrounding properties;
(d) That the proposed change is consistent with the adopted general plan;
(e) That the proposed change of zone does not establish a residential
density below 70% of the maximum permitted density of any lot or parcel
of land previously zoned R-3, R-4, or R-5 unless the exceptions regarding
dwelling unit density can be made pursuant to the provisions set forth
in Article 6;
(f) That the relationship of the proposed change is applicable to specific
plans.
(Ord. No. 2017-03R, § 4, 3-22-17)
The recommendation of the commission shall be filed in the planning
division and a copy provided to the applicant at the address shown
on the application.
(Ord. No. 2017-03R, § 4, 3-22-17)
The city council may approve, modify or deny the proposed amendment.
Any modification of a proposed change of zone by the city council
not previously considered by the planning commission during its hearing,
shall first be referred to the planning commission for report and
recommendation. Such report and further recommendation may be made
by the planning commission without holding a public hearing.
(Ord. No. 2017-03R, § 4, 3-22-17)
Editor's note—Sections 33-1266—33-1269 were
repealed by Ord. No. 2017-03R, § 4, enacted March 22, 2017.
Where a public street or alley or other public right-of-way
is officially vacated or abandoned, the area comprising such vacated
or abandoned right-of-way shall acquire the zoning classification
of the property to which it reverts.
(Ord. No. 2017-03R, § 4, 3-22-17)