The zoning map or any zoning regulations may be amended by changing
the zoning boundaries shown on the map, changing the zoning of property
from one zone to another, or by changing the regulation in accordance
with the procedure described in this chapter as authorized by the
California
Government Code.
A. A change
in the boundaries of any zone or a change of zoning on property from
one zone to another may be initiated by the owner(s) or the authorized
agent of the owner(s) of the property by filing an application for
zoning amendment as described in this chapter. An application accepted
by the City shall constitute an application for zoning amendment,
and if applying all or in part to property or properties within the
Coastal Zone, shall constitute an application for amendment to the
implementing regulations of the Encinitas Local Coastal Plan (LCP).
B. A change
in boundaries of any zone, a change of zoning on property from one
zone to another, or a change in the zoning regulations may be initiated
by resolution approved by the majority of the City Council. This resolution
shall constitute an application for zoning amendment and an amendment
to the implementing regulations of the City's LCP.
C. The City Council is authorized to render a final determination on a zoning amendment application; provided, however, that a change in the regulations of this title, or a change in zoning boundaries or designation of a property or properties all or in part within the Coastal Zone, shall be subject to the provisions of subsection
D of this section. The City Council's determination shall be made upon receipt of advisory recommendations from the Planning Commission. The Council's authority to render a determination on a zoning amendment application includes the authority to approve, approve in a modified form, or deny such application.
D. Once approved by the City Council, a zoning amendment for a change in the regulations of this title, or a change in zoning boundaries or designation or property or properties all or in part within the Coastal Zone, constitutes a proposed amendment to the implementing regulations of the City's LCP. A proposed LCP amendment shall comply in form and content with, and shall follow the procedures specified by, Chapter
30.82 of the Municipal Code. Such an amendment shall not become effective until certified by the Coastal Commission pursuant to
Public Resources Code Section 30514.
E. There
shall be no more than three LCP amendment submittals in any calendar
year, subject to exceptions pursuant to paragraph (c) of Section 30514
of the California
Public Resources Code. Each submittal may consist
of one or more zoning changes.
(Ord. 94-06; Ord. 96-07; Ord. 2017-03; Ord. 2018-12)
A. Pre-Application
Conference. Prior to submitting an application for a zoning amendment,
a prospective applicant shall consult with the Planning and Building
Department to obtain information and to inform the Department of the
applicant's intentions.
B. A property
owner or the owner's authorized agent who wishes to propose a change
in the boundaries of the zone in which a property is located, may
file an application for amending boundaries with the Director of Planning
and Building. The specific submittal requirements for the application
will be prescribed in writing by the Director and will be provided
to the applicant upon request. The Director may require any additional
information that may be necessary to enable the decision-makers to
determine whether the proposed change is consistent with the General
Plan and the purposes of the Zoning Code and Local Coastal Program.
The submittal requirements shall include all information necessary
to complete environmental review of the proposed project in accordance
with state and local guidelines for the implementation of the California
Environmental Quality Act.
(Ord. 2003-08; Ord. 2015-01)
The application shall be accompanied by a fee established by
resolution of the City Council to cover the cost of processing the
application as prescribed in this chapter.
The Director of Planning and Building shall investigate the
application or proposal for zoning amendment and upon determining
it to be complete shall prepare a written report of findings which
shall be submitted to the Planning Commission and to the applicant
and owner of the subject property or the owner's agent prior to the
public hearing.
(Ord. 2003-08)
The Planning Commission shall hold a public hearing on a zoning amendment request within 40 days after the Planning and Building Director has determined the application for zoning amendment to be complete. The hearing shall be scheduled and noticed as described in Chapters
30.01 and
30.80 of this Code. A written report for the hearing shall be prepared by the Planning and Building Director.
(Ord. 2003-08)
Following receipt of the Planning Commission's recommendation,
the City Council shall hold a public hearing on the zoning amendment.
The hearing shall be set within 40 days of the Planning Commission's
decision and recommendation, and notice shall be given as described
within this Code. A written report for the hearing which includes
the commission recommendations shall be prepared by the Director of
Planning and Building.
(Ord. 2003-08)
When other types of land use applications, described in the
Zoning Code and related to the same project, accompany a zoning amendment
proposal, all of those applications shall be reviewed by the Planning
Commission and City Council as described in the preceding sections.
The final decision on all of the project's applications shall be rendered
by the City Council; provided, however, that the zoning amendment
component of a project which is subject to the jurisdiction of the
Coastal Commission must be certified by the Coastal Commission as
an amendment to the City's LCP, pursuant to provisions of this title.
(Ord. 94-06)
Following the public hearing for a City Council initiated zoning
amendment, both the Planning Commission and City Council may consider
an alternate classification to the proposed classification according
to the matrix of land use/zoning category consistency contained in
the Land Use Element of the General Plan. To accommodate these alternate
zoning classifications, the notice of public hearing shall indicate
the alternate classifications which the Planning Commission and City
Council may consider. An applicant other than the City Council may
also request to have alternate zoning classifications considered which
are consistent with the Land Use Element matrix.
Following the denial of a zoning amendment, an application or
request for the same or substantially the same amendment shall not
be filed within one calendar year of the date of denial.
If the amendment involves a change to the official Zoning Map,
the Planning and Building Director shall cause the official Zoning
Map to be modified immediately following the effective date of the
ordinance or, when subject to the jurisdiction of the Coastal Commission,
upon the effective date of Coastal Commission action pursuant to provisions
of this title. Copies of the modified map shall be made available
to the public on request upon payment of a fee covering the cost of
map reproduction.
(Ord. 2003-08)