Zoneomics Logo
search icon

Pismo Beach City Zoning Code

CHAPTER 17

127 AMENDMENTS

17.127.010 Procedure.

   Except as otherwise provided in this chapter, any amendment to this Title shall be initiated and adopted as other ordinances are amended or adopted.

17.127.020 Types or changes.

   Any amendment to this ordinance which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this chapter.

17.127.030 Initiation of an amendment.

   Any amendment of the nature specified herein may be initiated by (1) the filing with the city planning commission of a resolution of intention of the city council of the city of Pismo Beach; (2) passage of a resolution of intention by the planning commission; or (3) filing with the planning commission of a petition or application of the record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefore by the planning commission and shall be accompanied by a fee, as set by the city council.

17.127.040 Time required.

   Upon receipt of a petition or application or resolution of intention of amendment, the planning commission shall set a date for a public hearing thereon, but not later than prescribed by law.

17.127.050 Notice of public hearing.

   Notice of public hearing shall be given as required by law. Additional notice of the time and place of such hearing and the purpose thereof shall be given by posting at least three public notices thereof not less than ten days prior to such hearing along the streets upon which the property proposed to be affected abuts. Each such notice shall consist of the words "notice of proposed zoning change" in letters not less than one inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the time and place of the public hearing thereon and such other information as the planning commission deems to be necessary. Any failure to post public notices as aforesaid shall not invalidate any proceedings for the amendment to this zoning ordinance. In addition to the notice required by Government Code Section 65854, notice shall be given by mail or delivery to all persons including businesses, corporations or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed zoning change.
   In the event that the proposed zoning change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the planning commission shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.
   In the event that the number of owners to whom notice would be sent pursuant to the standards above is greater than one thousand persons, notice may be given at least ten days prior to the hearing by either of the following procedures: (1) by placing a display advertisement of at least one-quarter page in the newspaper having the greatest circulation within the area affected by the proposed ordinance or amendment and in at least one additional newspaper having general circulation within such area, if such additional newspaper is available; or (2) by placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.
   Such advertisement or mailing insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.

17.127.060 Commission report.

   After the close of the public hearing or continuations thereof, the planning commission shall make a written report of its findings and its recommendations with respect to the proposed amendment. The commission report shall include a list of persons who testified at the hearing, a summary of the facts introduced at the hearing, the findings of the commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. Copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereof; provided, however, that such time may be extended with the consent of the city council or the petitioner for such amendment. In the event the planning commission fails to report to the city council within the aforesaid ninety days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission.

17.127.070 Amendments to the local coastal program.

   A certified local coastal program or any portion (land use plan or implementing ordinances) may be amended by the planning commission and city council, but no such amendment local coastal program land use designations or development standards within any portion of the coastal zone shall take effect until said amendment has been certified by the California Coastal Commission, pursuant to PRC Section 30514.

17.127.080 Amendment procedures for the local coastal program.

   A.   Local Government Resolution.
   1.   An amendment to a certified local coastal program shall be accepted for filing by the commission if the amendment is submitted pursuant to a resolution adopted in accordance with the provisions of Public Resources Code Section 30510(a) or is proposed pursuant to Public Resources Code Section 30515.
   2.   A local government may submit a proposed amendment either (1) as an amendment that will take effect automatically upon coastal commission approval pursuant to Public Resources Code Sections 30512, 30513 and 30519, or (2) as an amendment that will require formal city adoption after coastal commission approval. Under either of the alternative procedures, the requirements of the Coastal Commission's Administrative Regulations of 1982, Chapter 8, Sections 13544, 13544.5 or 13547 must be fulfilled following coastal commission approval of the amendment. For purposes of this action, certified local coastal program includes the certified land use plan or any portion thereof.
   B.   Contents of Local Coastal Program Amendment Submittal.
   1.   A summary of the measure taken to provide the public and affected agencies and districts maximum opportunity to participate in the local coastal program amendment process, pursuant to Section 13515 and Public Resources Code, Section 30503; a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the local coastal program amendment; and copies or summaries of significant comments received and of the city's response to the comments;
   2.   All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act. Written documents should be readily reproducible. An amendment to a land use plan shall include, where applicable, a readily identifiable public access component as set forth in the Coastal Commission's Administrative Regulations of 1982, Chapter 8, Section 13512.
   3.   A discussion of the amendment's relationship to an effect on the other sections of the certified local coastal program.
   4.   An analysis that meets the requirements of Section 13511 or an approved alternative pursuant to the Coastal Commission's Administrative Regulations of 1982, Chapter 8, Section 13514, and that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act.
   5.   Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the local coastal program.
   6.   An indication of the zoning measures that will be used to carry out the amendment to the land use plan (unless submitted at the same time as the amendment to the land use plan).
   C.   Review of Filing. An amendment to a certified local coastal program together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the executive director of the coastal commission to be in proper order and legally adequate to comply with Public Resources Code, Section 30510(b). Said review shall be completed within a reasonable time, but unless there are unusual circumstances, no later than ten working days after the date it is received in the coastal commission's South Central Regional office during normal working hours. The executive director shall cause a date of receipt stamp to be affixed to all local coastal program submissions on the day they are received and a stamp of the date of submittal on the day they are found to be properly submitted. If the executive director determines that the materials received are not sufficient to satisfy the requirements of Public Resources Code Section 30510(b), the executive director shall transmit to the city specific written comments regarding the inadequacy of the submission no later than the aforementioned ten working days. Any disagreement between the executive director and the city as to information requirements may be resolved by the coastal commission. If the amendment to the local coastal program is found to be properly submitted, the executive director shall immediately notify the city that submitted the local coastal program amendment.
   D.   Minor Amendment--Definition. Pursuant to Public Resources Code, Section, 30514(c) and for the purposes of this Section, a minor amendment to a local coastal program includes but is not limited to the following:
   1.   Changes in wording which make the use as designated in the zoning ordinance, zoning district map or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the executive director of the coastal commission or the coastal commission to be consistent with the land use plan as certified by the coastal commission.
   2.   For annexed or detached areas, certification of zoning ordinance, zoning district map or other implementing actions where either:
   a.   The certified land use plan and zoning designations of the city and county jurisdictions for the geographic area are equivalent; or
   b.   The commission has certified proposed pre-annexation zoning for the annexing jurisdiction.
   3.   Change in the notification and hearing procedures that is consistent with the requirements of the Coastal Act.
   4.   For Land Use Plans:
   a.   Revisions or deletion of housing policies certified pursuant to Public Resources Code, Section 30213 prior to January 1, 1982.
   b.   Correction, reorganization, revisions, or deletion of certified language which when taken together does not change the kind, location, intensity or density of use or modify the resource protection measures for any area or property.
   c.   Additions or revisions to certified policies which impose further conditions, restriction or limitations on any use which might adversely affect the resources of the coastal zone, if those amendments do not conflict with any policy of Chapter 3 of the Coastal Act or with any other certified land use plan policy.
   5.   Changes in the kinds, location, intensity or density of uses covering areas specifically certified by the commission as acceptable alternative land uses that become effective upon the occurrence of specific events authorized in a certified local coastal program, such as annexations or the availability of water or sewer services.
   E.   Designation of Amendment as Minor:
   1.   The executive director of the coastal commission or the coastal commission may determine whether or not a proposed amendment is minor in nature. If the executive director determines the proposed amendment is minor, notice of such determination including a summary of procedures set forth in this article shall be mailed to all parties the executive director has reason to know may be interested in the amendment to the local coastal program. The executive director shall report in writing to the coastal commission at the next meeting, his or her determination and objections to the determination, if any, that have been received within ten working days of the posting of notice. The report shall include sufficient description of the proposed amendment to allow the commission to understand the proposal. If one-third of the appointed members of the coastal commission requests, the determination of minor amendment shall not become effective and the amendment shall be processed in accordance with Subsection (2) below. Proposed amendments that are designated as minor amendments by the executive director with concurrence by the coastal commission or by the coastal commission shall take effect upon completion of the requirements of the Coastal Commission's Administrative Regulations of 1982, Chapter 8, Section 13547.
   2.   If the executive director of the coastal commission determine that the proposed amendment is not minor, the application shall be processed by the coastal commission after notice to all parties the executive director has reason to know may be interested in the matter.