Pleasanton City Zoning Code

The zoning map and zoning regulations may be amended by changing the boundaries of any district, or by changing any district regulation, off-street parking or loading facilities requirements, general provision, exception, or other provision thereof, in accord with the procedure prescribed in this chapter.

In order to ensure orderly and thorough planning and to avoid speculative requests for changes in the boundaries of C districts, no change in boundaries that would increase the area of the C district by more than two acres shall be initiated by a property owner unless the property for which the change of district is proposed is in a PUD district at the time the change is initiated.

A property owner desiring to propose a change in the boundaries of the district in which his or her property is located or his or her authorized agent may file with the zoning administrator an application for a change in district boundaries on a form prescribed by the planning commission and shall include the following data and map:

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application as prescribed in this chapter.

The planning commission shall hold at least one public hearing on each application for a change in district boundaries and on each proposal for a change in district boundaries or for a change of a district regulation, off-street parking or loading facilities requirement, general provision, exception, or other provision of this title. The hearing shall be set and notice given as prescribed in Section 18.12.040.

At the public hearing the planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in Section 18.04.010.

The zoning administrator shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant, if any, prior to the public hearing.

Within 40 days following the closing of a public hearing, the planning commission shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in Section 18.04.010, and shall recommend that the application be granted, granted in modified form, or denied, or that the proposal be adopted, adopted in modified form, or rejected.

Within 15 days following the date of a decision of the planning commission recommending denial of an application for a change in district boundaries, the applicant may request a hearing by the city council.

The city council shall hold at least one public hearing on an application or proposal within 40 days after receipt of the resolution or report of the planning commission, provided that no hearing shall be held on an application for a change in district boundaries that the commission has recommended be denied unless a request is received by the council as prescribed in Section 18.136.100, and no hearing shall be held on a proposal initiated by the commission that the commission has recommended be rejected, unless the council shall elect to give the proposal further consideration. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. Within 40 days following the closing of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in Section 18.04.010 of this title. If the council finds that the change is consistent, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. If the council finds that the change is not consistent, it shall deny the application or reject the proposal. The council shall not modify a decision of the commission recommending granting of an application or adoption of a proposal until it has requested and considered a report of the commission on the modification. Failure of the commission to report within thirty days after receipt of the council request shall be deemed concurrence.

The city council may impose conditions to a change in zoning district boundaries where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and welfare of the residents of the city.

The zoning map dated April 18, 1960, including all changes or amendments thereto, is adopted and made a part of this code. The zoning map shall show the zoning district classification of all lands within the city. Any change in zoning district boundaries pursuant to Section 18.136.110 shall be indicated on the zoning map.

Following the denial of an application for a change in district boundaries, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

Prezoning of unincorporated territory adjoining the city may be initiated as prescribed in Section 18.136.020(B) of this chapter, for the purpose of determining which zoning districts it should be classified in the event of subsequent annexation to the city. An ordinance designating zoning districts in unincorporated territory shall become effective at the same time that annexation becomes effective.

All property which becomes unzoned through abandonment of a public street, alley, or railroad right-of-way shall be classified in the same zoning district as adjoining property if all adjoining property is in the same district, or if this condition does not exist, in the S district. All territory which is annexed to the city and which has not been prezoned shall be classified in the S district. Within 60 days the planning commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the objectives of the zoning regulations prescribed in Section 18.04.010. If the commission finds that a change of district is required, it shall initiate the change as prescribed in Section 18.136.020(B) of this chapter. The owner of annexed property or the authorized agent of the owner may file an application for a change in district as prescribed in Section 18.136.020A of this chapter.