Davis City Zoning Code
ARTICLE 40
34 PREZONING
§ 40.34.010 Authorized.
Unincorporated territory adjoining the city may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by this article.
(Ord. 381 § 1)
§ 40.34.020 Initiation-Application fee.
Application for prezoning may be initiated by the city council or the planning commission or by application of one or more owners of property affected by the proposed prezoning, which application, in the case of an individual applicant, shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130.
(Ord. 381 § 1; Ord. 561 § 2; Ord. 707 § 1)
§ 40.34.030 Application.
An application for prezoning shall be filed on a form prescribed for that purpose by the city and shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed prezoning is in general conformance to the master plan of the city, if the same covers the area sought to be prezoned, and that public necessity, convenience and general welfare require the adoption of the proposed prezoning. An accurate and precise legal description and a map of the subject property and existing buildings shall be submitted with the application. The map shall be drawn from and at the same scale as the county assessor's block book maps and shall include the following information:
(a)
All parcels of land, any parts of which are closer than three hundred feet from any part of the property proposed to be prezoned.
(b)
Full names and addresses of registered owners of all parcels described in subsection (a) of this section, within three hundred feet.
(c)
Existing streets, streets proposed by an officially adopted plan of the city and all surface drainage channels.
(d)
Existing zoning of all the land within three hundred feet of the property proposed to be prezoned whether within or without the city.
A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Sections 37.01.020, 37.03.010, 37.03.020 and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any trees on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s). |
(Ord. 381 § 1; Ord. 2020 § 9, 2000; Ord. 2099 § 9, 2002; Ord. 2390 § 3, 2012)
§ 40.34.040 Public hearings; recommendations of planning commission.
(a)
Without regard to whether such application is initiated by the city council, the planning commission or one or more of the owners of the property affected, the planning commission shall hold a public hearing on any proposed ordinance to prezone. Notice of the hearing shall include: the time and place; a general explanation of the matter to be considered; and a general description of the area affected. The notice shall also state substantially the following, pursuant to California Government Code Section 65009, as amended September 30, 1984:
If the prezoning application is challenged in court, the challenge may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the director at, or prior to, the public hearing.
Notice shall be given not less than ten calendar days before the hearing in the following manner:
(1)
Notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to the prezoned, or if there is none, it shall be posted in at least three public places in the areas to be prezoned.
(2)
In addition to notice by publication as hereinabove provided, the city may give notice of the hearing in such other manner as it may deem necessary or desirable.
(b)
Any hearing may be continued from time to time.
(c)
After the hearing, the planning commission shall its decision in the form of a written recommendation to the city council. This recommendation shall include the reason for the recommendation and shall be transmitted to the city council in such form and manner as may be prescribed by the city council.
(d)
Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing; provided, that if the planning commission has recommended against the adoption of such pre-zoning, the city council shall not be required to take any further action thereon unless an interested party shall request such a hearing by filing a written request with the city clerk within five days after the planning commission files its recommendation with the city council.
(e)
Notice of the time and place of the hearing by the city council shall be given in the manner and time provided for in subsection (a)(1) of this section.
(f)
In addition to notice given as provided in such subsection, the city may give notice of the hearing in such other manner as it may deem necessary or desirable.
(Ord. 381 § 1; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.34.050 Action by city council.
The city council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of the proposed prezoning ordinance by the city council shall be referred to the planning commission for a report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. Effective date of such zoning shall be the same time that the annexation of the subject property becomes effective.
(Ord. 381 § 1)