Napa City Zoning Code
CHAPTER 17
66 ZONING AMENDMENTS
§ 17.66.010 Specific purpose.
The purpose of this chapter is to establish procedures for amending the zoning map or zoning regulations whenever the public necessity, convenience or general welfare requires such amendments. The amendment process is necessary to maintain consistency with the General Plan and state law over time, to supplement zoning regulations, and to improve the effectiveness and clarity of the zoning ordinance.
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§ 17.66.020 Authority.
The Planning Commission shall recommend to the City Council approval, approval with modifications, or denial or the requested amendment to the zoning map or zoning regulations. After the hearing, the Planning Commission shall render its decision to the City Council in the form of written recommendation in a report that shall include the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to the General Plan and any applicable specific plan. The City Council shall hear and decide requests for amendments to the zoning map or zoning regulations.
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§ 17.66.030 Initiation of amendments.
§ 17.66.040 Application for amendments initiated by the public.
Applications for amendments to the zoning map by the public shall be initiated by submitting the following information to the Community Development Department: a completed application form, signed by the property owner or authorized agent, accompanied by the required deposit, and any other information plans or maps prescribed by the Community Development Director.
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§ 17.66.050 General amendment process.
General regulations pertaining to review time, processing fees, environmental review, processing of multiple applications, continuance of a hearing, scheduling Council hearings, and effect of failure to give notice are set forth in Chapter 17.68.
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§ 17.66.060 Information and representations provided by applicants.
All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any application for a zoning amendment under this title, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.
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§ 17.66.070 Revisions to proposed amendments.
A.
Revisions May Occur. At or after a public hearing, the Planning Commission or City Council may determine that the public interest would be served by:
1.
Revising the boundaries of the area proposed for a zoning map amendment;
2.
Considering zoning map designations not originally presented in an application, motion or Commission recommendation, or
3.
Considering a zoning regulation amendment not originally presented in a motion, application or Commission recommendation.
B.
When Notice Needed. Notice shall be given prior to a hearing on a revised amendment, unless the Commission or Council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. Any proposed amendment not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for 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 40 days after the reference, shall be deemed to be approval of the proposed modification.
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§ 17.66.080 Findings.
The City Council may approved an amendment to the zoning map or zoning regulations if the following findings can be made:
A.
The proposed amendment is consistent in principle with the General Plan.
B.
The public health, safety and general welfare are served by the adoption of the proposed amendment.
C.
If a rezoning to district with a larger minimum lot size is proposed, effectively reducing the planned residential density, the city shall also find that the remaining sites in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584; or if not, that it has identified sufficient additional, adequate and available sites with an equal or greater residential density in the jurisdiction so that there is no net loss of residential unit capacity.
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§ 17.66.090 Notice and hearing provisions.
The Planning Commission and City Council shall hold each hold a public hearing on any proposed amendment to the zoning ordinance map or text. Notice shall be provided in accordance with Chapter 17.68. The City Council shall prepare a written decision that shall contain the findings of fact upon which such decision is based. The decision shall be mailed to the applicant.
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§ 17.66.100 Effective date of amendment.
Any zoning ordinance amendment is effective 30 days following second reading of the ordinance by the City Council.
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§ 17.66.110 Zoning remains in effect.
Any zoning ordinance amendment, once effective, remains in effect until a zoning amendment is initiated in accordance with the procedures enacted herein.
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§ 17.66.120 New application following denial.
If an application for an amendment to the zoning map or zoning regulations is denied, no new application or petition for the same or substantially the same amendment shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.
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§ 17.66.130 Prezoning.
Unincorporated territory adjoining the city, within the rural urban limit 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.
A.
Initiation. Prezoning may be initiated by action of the Community Development Director, Planning Commission or City Council, or by an application filed by a property owner or owner's authorized agent, within the proposed prezoning area.
B.
Application. Application for prezoning may be initiated by a member of the public through the same procedures specified in Section 17.66.040 for filing an application to amend the zoning map.
C.
Effective Date. Prezonings approved by the City Council shall become effective at the same time the annexation becomes effective.
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