§ 17.76 — Dos Palos Zoning Code

17.76.040 Findings and conditions ¶

prerequisite to granting permit. The planning commission, before granting a conditional use permit, shall make all of the following findings:

A. That the site for the proposed use is adequate in size and shape to accommodate said use and in all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adjust said use with land and uses in the neighborhood;

B. That the site for the proposed use relates to streets and highways adequate in width and pave‘ment type to carry the quantity and kind of traffic generated by the proposed use; C. That the proposed use will have no adverse effect upon adjoining or other properties. In making this determination, the commission shall consider

the proposed location of improvements on the site; vehicular ingress, egress and internal circulation; setbacks; height of buildings; walls and fences; landscaping; outdoor lighting; signs; and such other characteristics as will affect surrounding property; D. That the proposed use is consistent with the objectives and policies of the Dos Palos general plan; E. That the conditions established by the commission for the conditional use permit are deemed necessary to protect the public health, safety and general welfare. Conditions may include the following: 1. Requiring special yards, spaces and buffers, 2. Requiring fences and walls, 3. Requiring enclosure of storage areas and limitation on outdoor display of merchandise, 4. Regulation of grading, surfacing, and drainage improvements, 5. Regulation of points of vehicular ingress and egress,

Regulation of signs, 7. Requiring landscaping and maintenance there-

of,

Requiring maintenance of grounds, “9, Requiring fire prevention equipment and measures,
Regulations of noise, vibration, odors, etc.,
Regulations of time (hours or days of operation) for certain activities,
Establishing a time period within which the proposed use shall be developed (see Section 17.76.070 of this chapter),
Regulation of the time period for which the use permit will be valid and the use may be operated (see Section 17.76.080 of this chapter),
Regulation of lighting,
Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities or the removal of such facilities,
Requiring street dedications and improvements, subject to the provisions of Section 17.60.060G of this title,

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Requiring site plan review for a use, building or structure and such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this article. (Ord. 342 (part), 1997)

17.76.050 Planning commission decision— Resolution required. A. The commission, by written resolution, may approve, approve with stated conditions, disapprove, or disapprove without prejudice a conditional use permit application. The resolution shall describe the basis for the decision, including whether or not the findings set forth in Section 17.76.040 of this chapter have been made. B. The commission shall have forty days after the conclusion of a public hearing to render its decision on a conditional use permit application. Failure of the commission to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute a denial of the application. C. The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in Section 17.76.060 of this chapter.

D. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

E. No building permit or business license shall be issued where a conditional use permit has been approved or conditionally approved by the commission until ten days after such permit has been granted by the commission, and then only in accordance with the terms and conditions of the conditional use permit granted and only if the approval or conditional approval of the conditional use permit by the commission has not been appealed to the council pursuant to the procedure specified in Section 17.76.060 of this chapter. (Ord. 342 (part), 1997)

17.76.060 Appeal from planning commission decision—City council authority. A. Incase the applicant is not satisfied with the

action of the commission, said applicant may, within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in Section 17.76.050D of this chapter, or within ten days after the expiration of the forty-day period mentioned in Section 17.76.050B of this chapter, file in writing with the city clerk an appeal to the council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission, or whereby its decision is not supported by the evidence in the record.

C. The council shall set a date for a public hearing on the appeal and shall post notices as set forth in Section 17.80.030C of this title. The date for the public hearing shall not be less than ten nor more than forty days from the date on which the appeal was filed.

D. Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action or shall be represented at the hearing.

E. The council may affirm, reverse or modify a decision of the commission; provided, however, that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permitas prescribed in Section 17.76.040 of this chapter.

F. The council shall render its decision by resolution within forty days after the conclusion of the public hearing held on the appeal. Failure of the council to adopt a resolution within the aforemen-

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tioned forty-day period shall be deemed to constitute a denial of the appeal. G. The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof. H. The decision of the council shall be final, and shall have immediate effect. (Ord. 342 (part), 1997)

17.76.070 Time limit for development— Renewal restrictions. ¶

A conditional use permit shall lapse and become void one year following the date on which the conditional use permit became effective unless by conditions of the conditional use permit a lesser or greater (but by no means greater than two years) time is prescribed, or unless, prior to the expiration, either the use is being diligently pursued in accordance with the conditional use permit, or a building permit is issued by the building official and construction is commenced and is being diligently pursued in accordance with the conditional use permit. A conditional use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the commission prior to the expiration of the time period granted. The commission, pursuant to the procedure set forth in Chapter 17.60 of this title, may grant or deny an application for renewal. (Ord. 342 (part), 1997)

17.76.080 Permit to run with the land. A conditional use permit granted pursuant to the provisions of this article shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application unless a specific time period in which the use permit will be valid and the use may be operated has been set in accordance with subsection (E)(13) of Section 17.76.040 of this chapter. (Ord. 342 (part), 1997)

17.76.090 Mapping. Within ten days of the approval or conditional approval of a conditional use permit, the city clerk shall indicate on the official zone map the lot or lots

affected by said permit. The indication shall show the number of the resolution adopting said permit. (Ord. 342 (part), 1997)

17.76.100 New application following denial or revocation—Waiting period required when. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit, unless the denial was without prejudice. (Ord. 342 (part), 1997)

17.76.110 Revocation or modification procedures. A conditional use permit may be revoked or modified in the manner and under the conditions set forth in Article II of this chapter. (Ord. 342 (part), 1997)

17.76.120 Unclassified conditional uses

permitted when. Any use listed below may be permitted in any district in the city as specified in the permit, unless otherwise provided in this title, after the same has been reviewed and a conditional use permit has been issued in the manner provided in this article, and any use listed in this section shall not be permitted in any district in the city without such review and such permit except in a district where such use is specifically permitted by this title: A. Airports; B. Cemeteries; C. Convents and rectories; D. Columbariums, crematories and mausoleums, provided that none of the foregoing shall be permitted in any residential district, unless within a cemetery; E. Public and private schools and colleges; F. Broadcast radio or television transmitters; G. Railroads;

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H. Uses attracting or involving large assemblages of persons or vehicles, such as amusement parks, circuses, carnivals or fairgrounds, open-air theaters, racetracks and rodeo grounds (none of the foregoing shall be permitted in any residential district). (Ord. 342 (part), 1997)

tion 17.76.160 of this chapter for granting a variance can be made; F, Any other data pertinent to the application that may be required by the city or submitted by the applicant. (Ord. 342 (part), 1997)

17.76.150 Application—Public hearing by Article II. Variances planning commission. A. A public hearing shall be held by the com17.76.130 Purpose of article. mission not less than ten nor more than forty days Where practical difficulties, unnecessary hardafter the filing of a complete application for a variships, and results inconsistent with the general purance, notice of which shall be given in the manner poses of this title may result from the strict applicaprescribed in subsection C of Section 17.80.030 of tion of certain provisions thereof, variances may be this title. granted as provided in this article. The granting of B. At the public hearing, the planning commisany variance and the conditions attached to such sion shall review the application and the statement grant shall assure that such variance does not constiand drawing submitted therewith, and shall receive tute a special privilege inconsistent with the limitapertinent evidence concerning the proposed variance, tions on other properties in the vicinity and district particularly with respect to the findings prescribed in which the property is situated. Variances shall in Section 17.76.160 of this chapter. apply to regulations regarding structures and any C. The public hearing shall be conducted in physical conditions on the site, but shall not apply accordance with the rules and procedures specified to types of uses where the conditional use permit or in Section 17.80.040 of this title. (Ord. 342 (part), zoning ordinance amendment procedures are appro1997) priate. (Ord. 342 (part), 1997)

17.76.140 Application—Information required. An application for a variance shall be filed with the secretary of the planning commission on a form prescribed by the commission which shall include the following information:

A. Name and address of the applicant;

B. Statement that the applicant is the owner of the property or is the authorized agent of the owner; C. Address and legal description or the assessor’s parcel number of the property;

D. An accurate scale drawing of the site and variance proposed; the drawing must be adequate to enable the planning commission to determine the compliance of the proposal with the requirements of this title; E. Evidence in the form of a statement showing the basis upon which the findings set forth in Sec-

17.76.160 Findings and conditions prerequisite to granting a variance, The commission, before granting a variance, shall make all of the following findings: A. That because of special circumstances applicable to the subject property, including the size, shape, topography, location or surroundings (but not including monetary hardship), the strict application of the provisions of this title deprives the subject property of privileges enjoyed by a substantial number of other properties in the vicinity and under identical zoning district classifications;

B. That the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity or district in which the property is located; C. That the granting of the variance will not adversely affect the Dos Palos general plan or any adopted specific plan;

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D. That the granting of the variance will not constitute a grant of special privilege to the property owner; E. That any conditions established by the commission for the variance are deemed necessary to protect the public health, safety and general welfare. Conditions may include the following: 1. Requiring special yards, spaces and buffers, 2. Requiring fences and walls, 3. Requiring enclosure of storage areas and limitation on outdoor display of merchandise, 4. Requiring grading, surfacing and drainage improvements, 5. Regulation of points of vehicular ingress and egress, 6. Regulation of signs, 7. Requiring landscaping and maintenance thereof,

Requiring maintenance of grounds, 9. Requiring fire-prevention equipment and measures,
Regulation of noise, vibration, odors, etc.,
Regulation of lightning,
Requiring a bond or deposit of money to assure faithful compliance and performance on the part of the applicant for the completion of street improvements and other facilities, or the removal of such facilities,
Requiring street dedications and improvements subject to the provisions of Section 17.60.060G of this title, 14, Regulation of the time period for which the variance shall be valid,
Requiring site plan review for a use, building or structure, and such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this article. (Ord. 342 (part), 1997)

17.76.1700 Planning commission decision— Resolution required.

A. The commission, by written resolution, may approve, approve with stated conditions, disapprove, or disapprove without prejudice a variance applica-

tion. The resolution shall describe the basis for the decision, including whether or not the findings set forth in Section 17.76.160 of this chapter have been made, the basis for the findings, and shall state the specific circumstances requiring the conditions of approval.

B. The commission shall have forty days after the conclusion of a public hearing to render its decision on the variance application. Failure of the commission to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute denial of the application. C. The decision of the commission shall be final unless appealed to the council in accordance with the procedure specified in Section 17.76.180 of this chapter. )

D. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the date of adoption thereof.

E. No building permit shall be issued, where a variance has been approved or conditionally approved by the commission, until ten days after said variance has been granted by the commission, and then only in accordance with the terms and conditions of the variance granted, and only if the approval or conditional approval of the variance by the commission has not been appealed to the council pursuant to the procedure specified in Section 17.76.180 of this chapter. (Ord. 342 (part), 1997) 17.76.180 Appeal from planning commission — decision—City council authority.

A. In case the applicant is not satisfied with the action of the commission said applicant may, within ten days after the date of mailing, as shown by the postmark of the resolution mentioned in Section 17.76.170D of this chapter, or within ten days after the expiration of the forty-day period mentioned in section 17.76.170B of this chapter, file in writing with the city clerk an appeal to the council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission, or whereby its decision is not supported by the evidence in the record.

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B. In case any party other than the applicant is not satisfied with the action of the commission he may, within ten days after the date of adoption of the resolution of the commission, or within ten days after the expiration of the forty-day period mentioned in Section 17.76.070B of this chapter, file in writing with the city clerk an appeal to the council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission, or whereby its decision is not supported by the evidence in the record. C. The council shall set a date for a public hearing on the appeal and shall post notices as set forth in subsection C of Section 17.80.030 of this title. The date for the public hearing shall not be less than ten nor more than forty days from the date on which the appeal was filed. D. Notice shall also be given to the commission of such appeal, and the commission shall submit a report to the council setting forth the reason for its action, or shall be represented at the hearing. E. The council may affirm, reverse or modify a decision of the commission; provided, however, that if a decision denying a variance is on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in Section 17.76.160 of this chapter. F. The council shall render its decision by reso. lution within forty days after the conclusion of the public hearing held on the appeal. Failure of the council to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute a denial of the appeal.

G. The council shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof.

H. The decision of the council shall be final, and shali have immediate effect. (Ord. 342 (part), 1997)

17.76.190 Time limit for development— Renewal restrictions. ¶

A variance shall lapse and become void one year following the date on which the variance became effective unless by conditions of the variance a

lesser or greater time is prescribed, or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced and being diligently pursued in accordance with the variance. A variance may be renewed for an additional period of one year or for a lessor or greater period as may be specified, provided that an application for renewal is filed with the commission prior to the expiration of the time period granted. The commission, pursuant to the procedure set forth in Chapter 17.60 of this title, may grant or deny an application for renewal. (Ord. 342 (part), 1997)

17.76.200 Variance to run with the land. A variance granted pursuant to the provisions of this article shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the variance application unless a specific time period in which the variance will be valid has been set in accordance with subsection (E)(14) of Section 17.76.160. (Ord. 342 (part), 1997)

17.76.210 Mapping. ¶

Within ten days of the approval or conditional approval of a variance, the city clerk shall indicate on the official zone map the lot or lots affected by said variance. The indication shall show the number of the resolution adopting said variance. (Ord. 342 (part), 1997)

17.76.220 New application following denial or revocation—Waiting period required when.

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the variance, unless the denial or revocation was without prejudice. (Ord. 342 (part), 1997)

17.76.230 Revocation or modification procedures. A variance may be revoked or modified in the

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manner and under the conditions set forth in Article II of this chapter. (Ord. 342 (part), 1997)

Article Tf. Revocation and Modifications

17.76.240 Planning commission authority. The commission may revoke or modify any conditional use permit or any variance on any one or more of the grounds set forth in this chapter after a hearing is held and conducted as set forth in this chapter. (Ord. 342 (part), 1997)

17.76.250 Grounds for revocation. The grounds for the revocation of a conditional use permit or variance shall be any of the following: A. That approval was obtained by means of fraud or the misrepresentation of a material fact; B. That the use in question has ceased to exist; C. That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or that the use has been conducted in violation of the provisions of this title or any other law or regulation; ©

D. That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance. (Ord. 342 (part), 1997)

17.76.260 | Grounds for modification. The grounds for the modification of a conditional use permit or variance shall be any of the following: A. That the ground which would otherwise justify a revocation of the permit or variance can be corrected or cured by a modification imposing new or additional conditions; B. That improvements in methods or technological advances permit the conduct of the use with adequate safeguards under the proposed modification; C. That one or more of the original conditions of the permit or variance is unworkable, impractical, or otherwise fails to accomplish the original aims. (Ord. 342 (part), 1997)

corrected or cured by a modification imposing new or additional conditions; B. That improvements in methods or technological advances permit the conduct of the use with adequate safeguards under the proposed modification; C. That one or more of the original conditions of the permit or variance is unworkable, impractical, or otherwise fails to accomplish the original aims. (Ord. 342 (part), 1997)

a conditional use permit or variance may be initiated and shall be set for hearing, noticed, heard and determined in substantially the same manner as provided for amendments to the provisions of this title set forth in Sections 17.80.020, 17.80.030C, 17.80.040 and 17.80.050 of this title, with the exception that the decision of the commission shall be final unless appealed to the council in accordance with the procedure set forth in Section 17.80.060 of this title. (All references in said sections to amendments shall be deemed to refer to the proposed revocation or modification.) (Ord. 342 (part), 1997)

17.76.280 Appeals from commission decisions—-City council authority. A. All decisions of the commission in proceedings for the revocation or modification of a conditional use permit or variance may be appealed and reviewed in substantially the same manner as provided for appeals from decisions of the commission set forth in Sections 17.80.060 and 17.80.070 of this title. (All references in said sections to amendments shall be deemed to refer to the proposed revocation or modification.) B. Upon the expiration of the time within which an appeal may be so filed, and there being no appeal filed within such time, the decision of the commission shall he deemed final; provided, however, if an appeal is filed within such time, the decision of the commission shall stay pending the determination of the appeal or its withdrawal by the appellant. The action of the council on such appeal shall be final. (Ord. 342 (part), 1997)

17.76.270 Procedures to be followed. Proceedings for the revocation or modification of

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Chapter 17.80 and such additional public hearings as the commission deems necessary.
AMENDMENTS C. The commission or its secretary shall set the
Sections: nottime less and than placeten for nor such more hearing, than forty which days shall following be held 17.80.010 Purpose of chapter provisions. the filing with the commission of such application 17.80.020 Initiation methods—Public or resolution. (Ord. 342 (part), 1997) hearing required.
17.80.030 Public hearing—Notice 17.80.030 Public hearing—Notice requirements, requirements.
17.80.040 Public hearing—Conduct and A. For the purposes of this chapter, any amendrules of procedure. ment to the provisions of this title which is for the
17.80.050 Public hearing—Planning purpose of changing particular property from one commission decision— zoning district to another, or changing the boundary Resolution required. of any particular zoning district, shall be referred to
17.80.060 Appeal from planning as a “change of zoning district amendment,” and all Procedures.commission decision— beotherreferred amendmentsto as ato“general the provisionsamendmen of t his.” title shall
17.80.070 Council hearings on B. Notice of the time and place of any public commission recommendations. hearing on the matter of any general amendment
17.80.080 New applications—Waiting shall be given by the commission or its secretary by period required. at least one publication in a newspaper of general
17.80.090 Mapping for change of zoning circulation, published and circulated in the city, not district amendment. less than ten calendar days prior to such hearing and
~17.80.010 Purpose of chapter provisions. necessaryby such otheror meansdesirable.as theThe commissionnotice shal] maycontain deema The procedure set forth in this chapter shall be general explanation of the matter to be considered
utilized to amend the provisions of this title, includand general description of the area or areas affected ing the official zone map. (Ord. 342 (part), 1997) by the general amendment. , C. Notices of Changes of Zoning District
17.80.020 Initiation methods—Public Amendments. hearing required. 1. Notice of the time and place of any public
A. Amendments to the provisions of this title hearing on the matter of a change of zoning district
may be initiated in any of the following manners: amendment shall be given by the commission or its 1. By the verified application of any interested secretary by mailing in the United States mail a
person or persons; written notice thereof, not less than ten calendar 2. By a resolution of intention adopted by the days prior to such hearing, to all persons, including
commission; businesses, corporations or other public or private 3. By a resolution of intention adopted by the entities, whose names and addresses appear on the
council, which resolution shall be referred to the latest equalized assessment roll as owning real propcommission for hearing. erty within the territory covered by such proposed B. Upon the filing with, or adoption by, the change, and within three hundred feet of the outer
commission of any such application or resolution, boundaries thereof. The notice shall contain a generthe commission shall hold a public hearing thereon al explanation of the matter to be considered and a

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general description of the area affected by the change of zoning district amendment. 2. Such notice shall also be given by publication as set forth in subsection B of this section. (Ord. 342 (part), 1997)

17.80.040 Public hearing—Conduct and rules of procedure. A. The public hearings provided for in this chapter shall be held at the time and place for which such hearings were set and notices thereof given. B. Any such hearing may be continued by the majority of the members present at any hearing, who may fix a time and place to which such hearing may be continued, even in the absence of a quorum, in which case the presiding officer at such hearing shall publicly announce, prior to the conclusion of the hearing, the time and place to which the hearing is to be continued, and no further notice shall be required. In the absence of all of the members of the commission at the time and place for which such hearing was set, it shall be deemed continued to the next regular meeting of the commission, and no further notice shall be required. C. A majority in number of the total voting membership of the commission shall constitute a legal quorum for the purposes of conducting such hearing. D. The recommendation of the commission on any change of zoning district or general amendment shall be by a resolution of the commission, carried by the affirmative votes of not less than a majority of its total membership. A tie vote shall be considered a technical denial. E. The commission shall have the authority to establish any reasonable rules of procedure for the conduct of such hearing. The commission may require any person who is to testify before it to be placed under oath,in which case the member presiding at such hearing shall be empowered to administer such oath. F. The commission may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigations may be made by a committee of one

or more members of the commission, or by the members of its staff, or by its agents or employees. The facts established by such investigations shall be submitted to the commission, either in writing to be filed with the records of the matter, or in testimony before the commission, and may be considered by the commission in making its decision.

G. The commission shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter. (Ord. 342 (part), 1997)

17.80.050 Public hearing—Planning commission decision—Resolution required.

A. Within forty days after the conclusion of a public hearing to consider a change of zoning district or general amendment, the commission, by written resolution, shall make its recommendation to the council to approve, modify, disapprove, or disapprove without prejudice the amendment, including its reasons for the recommendation, and the relationship of the proposed amendment to applicable general and specific plans.

fter the conclusion of a public hearing to consider a change of zoning district or general amendment, the commission, by written resolution, shall make its recommendation to the council to approve, modify, disapprove, or disapprove without prejudice the amendment, including its reasons for the recommendation, and the relationship of the proposed amendment to applicable general and specific plans.

For amendments initiated by application failure of the commision to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute a denial of the application. 2. For amendments initiated by resolution of intention of the commission or council, failure of the commission to adopt a resolution within the aforementioned forty-day period shall be deemed to constitute a recommendation of approval of the proposed amendment. B. Within fourteen days of adopting a resolution on a change of zoning district or general amendment, the commission shall cause a copy of its resolution to be mailed to the applicant and to be forwarded to the council; provided, however, in the case of change of zoning district amendments initiated by application, the recommendation of the commission to deny an application shall constitute a final decision and shall not be forwarded to the

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council unless an appeal is filed in accordance with the procedure set forth in Section 17.80.060 of this chapter. (Ord. 342 (part), 1997)

17.80.060 Appeal from planning commission decision—Procedures. A. When achange of zoning district amendment is initiated by an application, if the commission recommends against adoption of the amendment, its decision may be appealed to the council as follows: 1. The applicant, or any of the applicants, within ten days after the date of mailing as shown by the postmark of the resolution mentioned in subsection B of Section 17.80.050 of this chapter, or within ten days after the expiration of the forty-day period set forth in subsection A of Section 17.80.050 of this chapter, may file in writing with the city clerk an appeal from the decision of the commission. 2. Any interested person, other than the applicant, within ten days after the expiration of the forty-day period set forth in subsection A of Section 17.80.050 of this chapter may file in writing with the city clerk an appeal from the decision of the commission. B. If no appeal is filed within the time allowed by the provisions of this chapter, the denial by the commission in a matter initiated by an application shall be deemed final. C. On the filing with the city clerk of an appeal, a public hearing shall be held thereon by the council, which hearing shall be set and notice thereof given, and decided substantially in the same manner as set forth in Section 17.80.070 of this chapter. (Ord. 342 (part), 1997)

17.80.070 Council hearings on commission recommendations.

A. Following the receipt of the recommendation ; generalof the commissionamendment,onthea changecouncil,of zoningor the citydistrictclerkor when so authorized by the council, shall set a time and place for a hearing on the matter, which hearing shall be held not less than ten nor more than forty days following such receipt; provided however, in matters initiated by a resolution of the council upon

which the recommendation or report of the commission has been unfavorable, the council may determine to take no further action.

B. Notice of the time and place of such hearing shall be given in the same manner as set forth in Section 17.80.030 of this chapter. C. 1. Within forty days after the conclusion of the public hearing thereon, the council, by resolution, shall make its findings and decision whether or not to approve, modify, disapprove or disapprove without prejudice the recommendation of the commission on the amendment; provided, that any modification of the amendment by the council not previously considered by the commission during its hearing shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within forty days after the reference shall be deemed approval of the proposed modification.

In matters initiated by an application, the failure of the council to make its decision within forty days after conclusion of its public hearing shall be deemed to constitute a denial. D. The action of the council on such change of zoning district or general amendment shall be final. (Ord. 342 (part), 1997)

17.80.080 New applications—Waiting period required.

Following the denial of a change of zoning district or general amendment application, no application for the same or substantially the same zone change or general amendment shall be filed within one year from the date of denial of the zone change or general amendment, unless the denial was without prejudice. (Ord. 342 (part), 1997)

17.80.090 Mapping for change of zoning district amendment. Within ten days of approval of a change of zoning district amendment by the council, the city clerk shall indicate the change on the official zone map. (Ord. 342 (part), 1997)

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17.84.010