(A) Purpose. The purpose of this section is to establish procedures for the amendment of the Zoning Ordinance and zoning districts which includes text and maps.
(B) Initiation of an amendment. An amendment to the San Joaquin Zoning Ordinance may be initiated by any of the following actions:
(1) Council resolution. The filing of a resolution of initiation by the City Council with the Planning Commission.
(2) Planning Commission resolution. The adoption of a resolution of initiation by the Planning Commission.
(3) Planner action. The written action of the City Planner filed in their office.
(4) Application. There shall be filed with the City Planner an application signed by one or more owners of record or their authorized agents, of property which is the subject of the proposed amendment. The names of all records owners of all land involved must be stated.
(C) Public hearing. Whenever a public hearing is required to be set pursuant to divisions (D) or (E) of this section, the City Planner shall set a date for a public hearing on the amendment. The hearing may be continued by the majority of Commission members present. Prior to the conclusion of the meeting in which the proposed amendment is being considered, the presiding Commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required.
(D) Planning Commission decision.
(1) After the close of the public hearing, the Planning Commission shall make a recommendation to the City Council on the proposed amendment. The recommendation shall be made by resolution.
(2) The Planning Department shall transmit the resolution to the City Council containing the Planning Commission's recommendation and their findings and to the applicant. Findings outlined in the resolution shall address consistency with the general plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment. The resolution shall attach the recommended ordinance.
(3) If the Planning Commission recommends denial of the amendment, the decision may be appealed to the City Council. Failure to appeal said recommendation shall make the decision of the Planning Commission final.
(E) City Council hearing. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. If the proposed amendment changes property from one zone to another, and the Planning Commission has recommended against the adoption of said amendment, the City Council need not take any action, unless an interested party appeals the decision within five working days after the Planning Commission action. If the proposed amendment was initiated by the City Council or Planner action, the proposed amendment shall be submitted to the City Council for hearing.
(F) City Council decision. Following a public hearing, the City Council may approve, modify, or deny the recommendation of the Planning Commission. If the determination is to approve a Zoning Ordinance amendment or zoning district amendment, the initial approval will be by introduction of the ordinance followed by adoption of the ordinance at a regular meeting as required by law. Public hearing notices shall be issued as required under this chapter. Any substantive modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing shall be referred back to the Planning Commission for its report and recommendation. The Planning Commission shall not be required to hold a public hearing on the referral
(G) New application. Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the city within one year from the date a final decision was rendered unless the denial action was without prejudice.
(H) Mapping. Within 30 working days of a Zoning Ordinance amendment which reclassifies property from one district to another, the City Planner shall indicate the change on the official zoning maps.
(Ord. 2021-03, passed 12-7-2021)
2022 S-11