17.32.050 Reclassification.
The procedure for the reclassification of land set forth in Chapter 17.72 shall apply to property in the O districts, subject to the following modifications:
A. Following a public hearing, the planning commission shall determine whether it is in the public’s interest of the city to retain the subject property in open space use as against permitting its reclassification to the use applied for and whether the proposed reclassification is consistent with the general plan and all applicable portions of the local coastal land use plan. The decision on this question shall be made by resolution and shall be transmitted to the city council together with a report setting forth reasons for said decision.
B. Following receipt of the recommendation of the planning commission the city council shall hold a public hearing. Following such hearing the council may decide by resolution either to:
1. Seek means to retain the property in question in open space use; or
2. Permit a reclassification of the subject property.
C. Should the council’s decision be the first alternative as listed in subsection (B)(1) of this section, all further proceedings for the reclassification of the property shall be halted for a period of not to exceed ninety days from the date of council action, during which time the city council shall actively seek to negotiate arrangements, which may include purchase or other acceptable means to retain the property in open space use. The period set forth herein may be extended by mutual agreement of the council and the applicant for reclassification. If at the end of the ninety days, or such longer period as may be agreed upon, no satisfactory arrangement has been concluded, the matter shall be remanded to the planning commission for consideration of the reclassification applied for. The commission shall thereafter proceed in accordance with the provisions of Chapter 17.48.
D. Should the council’s decision be the second alternative as listed in subsection (B)(2) of this section, the matter shall be returned to the planning commission which shall consider the reclassification applied for in accordance with the procedure set forth in Chapter 17.48.
E. In areas not designated in the local coastal land use plan for open space, reclassification of property in the Coastal Zone shall not become effective until an amendment to the local coastal program has been certified by the State Coastal Commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)