Chapter 17.112 — AMENDMENTS AND REZONES

Sections:

17.112.010 Purpose.

17.112.020 Initiation of code text amendment and rezones.

17.112.030 Public hearings.

17.112.040 Commission’s action.

17.112.050 Council action.

17.112.060 New application.

17.112.070 Mapping.

17.112.080 Urgency zoning ordinance amendments.

The purpose of this chapter is to establish procedures for an amendment to the zoning code text and rezones of real property. (Ord. 2401 §2(Exh. A-1)).

A. Types.

1. Code Text Amendment. A change to the text of the zoning code.

2. Rezone (Map Amendment). An application to change the zoning for a site from one zone district to another.

• B. Initiation. An amendment to the zoning code may be initiated by any of the following actions:

1. Council Resolution. The filing of a resolution of initiation by the council with the commission.

2. Commission Resolution. The adoption of a resolution of initiation by the commission.

3. Director Action. The written action of the director filed in the division.

C. Application. The filing with the director of an application signed by one or more owners of record or the owner’s authorized agents, of which property is the subject of the proposed amendment or rezone. The names of all record owners of all land involved must be stated. (Ord. 24-01 §2(Exh. A-1)).

A. Whenever a public hearing is required to be set, the director shall set a date for a public hearing on the amendment. The public hearing shall comply with the provisions specified in Chapter 17.116 (Public Notices and Hearings).

B. City Council Hearing. Upon receipt of the recommendation of the commission, the council shall hold a public hearing consistent with the provisions specified in Chapter 17.116 (Public Notices and Hearings). If the proposed amendment changes property from one zone to another, and the commission has recommended against the adoption of the amendment, the council need not take any action, unless an interested party appeals the decision within five working days after the commission action. (Ord. 24-01 §2(Exh. A-1)).

A. After the close of the public hearing, the commission shall act on the proposed amendment. The hearing may be continued by the majority of commission members present. Before the conclusion of the meeting in which the proposed amendment is being considered, the presiding commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required.

B. The director shall transmit a resolution to the council containing the commission’s recommendation and findings. Findings outlined in the resolution shall refer to the project’s consistency with the general plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment.

C. If the commission recommends denial of the amendment, the decision may be appealed to the council in compliance with the provisions specified in Chapter 17.114 (Appeals). Failure to appeal the recommendation shall make the decision of the commission final.

D. Within ten working days of adopting a resolution on an amendment, the commission shall transmit a copy of its resolution to the applicant. (Ord. 24-01 §2(Exh. A-1)).

A. Following a public hearing, the council may approve, modify, or deny the recommendation of the commission.

B. Any significant modifications of the proposed amendment by the council not previously considered by the commission during its hearing shall be referred back to the commission for its review and recommendation. The commission shall not be required to hold a public hearing on the referral. Failure of the commission to report within forty working days after the referral shall cause the council to proceed with the introduction of ordinance with modifications to be approved. (Ord. 24-01 §2(Exh. A-1)).

Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the city within twelve months from the date a final decision was rendered, unless the denial action was without prejudice. (Ord. 24-01 §2(Exh. A-1)).

Within thirty working days of a rezone (map amendment) which reclassifies property from one zone to another, the director shall indicate the change on the city’s official zoning map. (Ord. 24-01 §2(Exh. A-1)).

In accordance with Government Code Section 65858, as amended, without following the procedures otherwise required prior to the adoption of an amendment to the zoning code, the city council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city council, planning commission or the director is considering or studying or intends to study within a reasonable time. The term, vote, public hearing, findings, extension, and report requirements under Government Code Section 65858 shall be followed. (Ord. 24-01 §2(Exh. A-1)). Home Previous Next

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