Alameda Municipal Code § 30-22 Amendments and Procedures

This article may be amended by changing the boundaries of districts, or by changing other provisions thereof by procedures set forth in this section, whenever the public necessity and convenience and the general welfare require such amendment.

(Ord. No. 535 N.S. § 11-171; Ord. No. 1277 N.S.)

Amendment of this article may be initiated by one (1) of the following methods:

a. The petition of one (1) or more property owners affected by the proposed rezoning, which petition shall be filed with the Planning Department.

b. The City Council on its own initiative, who shall refer its request to the Planning Board for action pursuant to this section.

c. The Planning Board on its own initiative.

(Ord. No. 535 N.S. § 11-172; Ord. No. 1277 N.S.)

a. The Planning Board shall within a reasonable time hold at least one (1) public hearing on any proposed amendments, and shall give notice thereof by at least one (1) publication in a newspaper of general circulation within the City at least ten (10) days prior to such hearing.

b. If the proposed amendment includes a change of zone district boundaries or a change from one (1) zone district classification to another, additional notice shall be given by posting at least one (1) notice of the public hearing on each property involved, as shown by the Assessor's Block Book, and by postal card or letter mailed to owners, as shown on the latest assessment roll, of all properties within the boundaries of the area to be rezoned or reclassified and within three hundred (300′) feet thereof and as many other persons as the Zoning Administrator may deem advisable. Failure to give additional notice shall not invalidate any proceedings for the amendment of this article.

c. In the event that the number of owners to whom notice would be sent pursuant to paragraph b. is greater than one thousand (1,000), as an alterative to the notice required by paragraph b., notice may be provided by either:

1. Placing a display advertisement of at least one-fourth (¼) page in a newspaper having general circulation within the area affected by the proposed amendment at least twice on or before ten (10) days prior to the hearing; or

2. By placing an insert with any generalized mailing sent by the City to property owners in the area affected by the proposed amendment, such as a billing service.

(Ord. No. 535 N.S. § 11-174; Ord. No. 1277 N.S.; Ord. No. 2058 N.S.; Ord. No. 2231 N.S.)

At such hearings the Planning Board shall weigh:

a. The effect of the proposed amendment on the integrity of the General Plan;

b. The effect of the proposed amendment on the general welfare of the community; and

c. The equitableness of the proposal.

Following the prescribed public hearings the Planning Board shall transmit recommendations to the City Council.

(Ord. No. 535 N.S. § 11-175; Ord. No. 1277 N.S.; Ord. No. 1793 N.S.)

a. Upon receipt of maps and recommendations from the Planning Board, the City Council shall set the matter for public hearing, and shall give notice thereof by publication in a newspaper of general circulation within the City at least ten (10) days prior to such hearing.

b. The report and recommendation of the Board on matters referred to in this section shall be advisory only. After receipt of the report and recommendation of the Board, the City Council shall act thereon and may approve, modify or disapprove the same and may adopt an ordinance effecting such reclassification, amendment or change in such forms as it may determine. Changes in the boundaries of any district or reclassification of any lot or land may be made by ordinance referring only to the section or sections of zoning map(s) affected by such changes, or by description in the amending ordinance.

(Ord. No. 535 N.S. § 11-176; Ord. No. 1277 N.S.; Ord. No. 1793 N.S.)

Any petition for an amendment may be withdrawn upon written application of a majority of the signers of the petition. In the event public notice has been given, a retraction of the notice shall be immediately published as prescribed.

(Ord. No. 535 N.S. § 11-177; Ord. No. 1277 N.S.)