This Zoning Ordinance may be amended as provided by this section and California Government Code Section
65853 et seq., whenever the City Council determines that public necessity, convenience, or welfare would be served. Amendments may include changing the boundaries of zoning districts (rezonings) and/or other changes to the City of Sausalito Zoning Maps (SMC §
10.10.020, Adoption of zoning map) affecting the use of property and/or changes to the requirements of this title (zoning text amendments).
A. Initiation of Amendment. The Community Development Director, the Planning Commission, or the City Council may initiate an amendment to this title. Amendment requests from the public shall be filed using the forms provided by the Community Development Department, shall be signed by the legal owner(s) of property affected by the proposed amendment, and shall include the filing fee set by the City fee ordinance.
B. Accompanying Information. The following information must be submitted as a part of an application for an ordinance amendment and/or rezoning:
1. Reclassification of Land. An application for an amendment to change district boundaries or reclassify any land shall be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description and a map of the land and any existing buildings shall be submitted with the application. The map shall be drawn at the same scale as the zoning map.
2. Change of Classification of a Listed Use. An application to change the classification of a listed use shall be accompanied by information showing there has been a change in ways of serving the public which warrants or requires the requested change in classification, including the following information, as applicable:
a. Number of residents, employees, patrons, or visitors in relation to the size of the parcel;
b. Probable amount and type of traffic to be generated by the use;
c. Probable production and emission of dust, smoke, odor, vibration, electrical disturbance radiation resulting from the use, or other potentially dangerous or objectionable elements; and
d. Type and volume of materials to be handled in relation to site area.
C. Planning Commission Hearing. After the completion of any environmental documents and public review periods required by the California Environmental Quality Act (CEQA) and the completion of a Community Development Department staff report, the Planning Commission will provide notice and hold a public hearing pursuant to Chapter
10.82 SMC (Public Notice and Hearings). The purpose of the hearing shall be to receive testimony from persons interested in the proposed amendment, to consider the recommendations of the Community Development Department, and to adopt a recommendation to the City Council.
D. Planning Commission Recommendation. The Community Development Department, on behalf of the Planning Commission, shall submit a written report conveying the Commission's recommendation on the proposed amendment to the City Council. The report shall give the reasons for the recommendation and address the consistency of the proposed amendment with relevant general plan and specific plan policies.
E. City Council Hearing and Decision. The City Council shall provide public notice and hold a public hearing pursuant to Chapter
10.82 SMC (Public Notice and Hearings). The City Council may approve, modify, or deny the Planning Commission's recommendation. No ordinance amendment or rezoning shall be approved unless the City Council first finds that the proposed change is consistent with all applicable provisions of the Sausalito General Plan. Any modification by the City Council of a proposed amendment not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. As provided by California Government Code Section
65857, failure by the Planning Commission to report within 40 days after the referral (or longer period set by the Council) shall be deemed approval of the proposed modification to the amendment.
If the matter under consideration is an amendment to change property from one zoning district to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council shall not be required to take further action on the amendment unless an interested party requests a hearing. The request shall be in writing and shall be filed with the City Clerk within 10 days of the Planning Commission's action making a recommendation to the City Council.
F. Conditions of Approval. The Planning Commission may recommend, and the City Council may impose, reasonable conditions on the approval of any rezoning for the following purposes:
1. To ensure consistency of the proposed zoning with the general plan;
2. To mitigate environmental impacts;
3. To minimize functional conflicts with surrounding land uses; and/or
4. To meet any other purpose that is determined by the City Council to protect the public health, safety, or general welfare.
G. Type of Conditions. Conditions imposed on a rezoning pursuant to this section may include, but shall not be limited to, dedication of additional road rights-of-way, requirements for participation in the cost of public improvements reasonably related to the land uses that would be allowed by the proposed zoning, and limitations on the type and nature of land uses allowed in the new zoning district.
H. Timing of Compliance with Conditions. When a zoning amendment with conditions is adopted by the City Council, the ordinance shall specify when such conditions shall be satisfied relative to the City's approval of any subdivision of the property, any land use or construction permits, or any actual development.
I. Termination of Proceedings. The City Council may terminate the process of rezoning a property or considering another amendment to this title before the amendment is adopted, as follows:
1. With the approval of the Planning Commission, an amendment request from the public may be withdrawn if a written application is filed by a majority of the persons who signed the original rezoning application.
2. The City Council may abandon any amendment proceedings, either on its own motion or at the request of the Planning Commission, as long as any hearing for which public notice was given is first held.
(Ord. 1167 § 2, 2003)