ZONE RECLASSIFICATION

Overview

All property within the city limits is classified into various zoning districts consistent with the City’s General Plan and Local Coastal Plan.  Each zoning district outlines the land use and development regulations applicable to the specific property. Occasionally a property owner desires to conduct a land use on the property, which is not permitted in the existing zoning district. Because the use is not permitted in the existing zone, the property owner may apply to change the zoning to an appropriate zone, which would allow the proposed use.

How to Apply

Application materials are available at the Community Development Department, Third floor, City Hall.  The department staff can assist you with the materials needed for a complete application packet. Once you have put together a complete application packet, return the materials to the department for processing.

The Application Review Process

Step 1: Application acceptance/Department review

Once your application has been accepted and fees collected, the department staff will perform a preliminary review of the application to determine if the application is complete. The review will focus on the request in order to accurately describe your project in the public notice and to the decision maker. Should your application be found incomplete, you will receive a notice indicating what items must be submitted before processing can continue.

Step 2: Referrals

Once the application has been found to be complete, the assigned planner will send copies of your application materials to any other city department or public agency having interest in your project. Each agency or department is given a maximum time period in which to respond. If a response is not received within the review period, staff may assume that the project conforms to the requirements of the department or agency concerned.

Step 3: Staff Review and Reporting

Once all agency comments have been received and a site visit performed, staff will conduct an environmental review as required by State Law. In addition, staff will prepare a written report to the Planning Commission that discusses the legal findings and presents staff’s recommendations. Those findings will determine if the reclassification is:

1.      consistent with the objectives of the zoning ordinance; and

2.   consistent with the City’s General Plan or Local Coastal Plan.

A copy of staff’s report, including the proposed recommendation will be sent to you for your review and comment.

Step 4: Public Notice and Planning Commission Hearing

A Notice of Public Hearing before the Planning Commission will be mailed to you and all property owners within 300 feet of your property. The notice, which must be mailed at least 10 calendar days prior to the hearing, will state the date, time and place for the public hearing.

The Planning Commission will consider your reclassification request and will make specific findings on how the proposed zone change is consistent with the objectives of the zoning ordinance. The Commission will take into account all comments from you, city staff and the public before making their decision. Please note that, if denied, the Planning Commission decision may be appealed to the City Council within ten calendar days of their decision. Appeals must be submitted in writing on forms provided by the City Clerk and be accompanied by the required fees (check with the Community Development Department or the City Clerk for information regarding fees or the appeal process.

Step 5: City Council Hearing

The City Council will conduct a public hearing to consider the proposed amendment and the Planning Commission’s recommendation. Please note that a second hearing is not required on a project the Commission has denied unless an appeal has been filed as noted above. Decisions by the City Council are final (except for projects located within the boundaries of the Coastal Zone).

How to Get Help

If you are having difficulties preparing your application, call or visit the Community Development Department and discuss your project with the department staff. If you are still confused over the application procedure, you may wish to hire a consultant; such as an engineer, land surveyor, or professional planner. A listing of qualified professionals is available in the yellow pages of the phone directory.