Lincoln Municipal Code Ch. 18.92 Amendments

This title may be amended by changing the boundaries of districts as shown on the official zoning maps or by changing the text whenever the public necessity, convenience or general welfare requires such amendment.

(1) Except as provided in subsection B of this section, an amendment of this title may be initiated and adopted as other ordinances are initiated and adopted.

(2) An amendment of this title which changes any property from one district to another or imposes any regulation listed in section 65850 of the Government Code, state of California, not theretofore imposed, or removes or modifies any such regulation theretofore imposed, shall be adopted in the manner described in this chapter.

(Ord. 357B §7.02.000, 1979)

An amendment may be initiated by:

(1) The petition of one or more owners of property affected by the proposed amendment as provided by this chapter;

(2) Resolution of intention adopted by the city council, or resolution of intention adopted by the planning commission.

(Ord. 357B §7.02.010, 1979)

The planning commission shall prescribe the form of petitions filed to change property from one district to another. The petition shall be filed with the planning director and shall be accompanied by the following:

(1) A map, drawn to scale, showing the property for which the reclassification is requested and the exterior property lines of the property within 400 feet of the exterior boundary lines of the subject property;

(2) The names and mailing addresses of the property owners for the property shown on the map as listed on the last equalized assessment roll of the county;

(3) The legal description and street address of the subject property;

(4) A fee as specified in Chapter 18.90;

(5) The existing land use for the property shown on the map and the proposed use of the land for which the reclassification is requested;

(6) The planning commission may require additional information such as proposed development plans, proposed street plans, or information of a similar nature.

(Ord. 357B §7.02.020, 1979)

The planning commission shall hold a public hearing on any proposed amendment. A notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be published in a newspaper of general circulation at least ten calendar days before the hearing. In addition to notice by publication, the planning commission shall give notice of the hearing as provided by Government Code section 65854.

(Ord. 357B §7.02.030, 1979)

The planning commission may abandon any proceeding which the commission has initiated.

(Ord. 357B §7.02.040, 1979)

After the commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the city council. The commission shall include within its report a determination as to whether the proposed reclassification is consistent with the general plan of the city.

(Ord. 357B §7.02.050, 1979)

Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to this title to change property from one district to another, and the planning commission has recommended against the adoption of the amendment, the city council shall not take any further action thereon unless an interested party requests a public hearing by filing a written request with the city clerk within ten calendar days after the public hearing at which the planning commission made its recommendation or within five days after the planning commission files its recommendation, whichever date is last to occur.

(Ord. 357B §7.02.060, 1979)

The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification by the city council of the proposed ordinance or amendment as recommended by the planning commission shall first be referred to the planning commission for a report and recommendation on the proposed modification if the planning commission did not consider the proposed modification in its deliberations. The planning commission is not required to hold a public hearing on the referral by the city council. Failure of the planning commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed to be the approval of the proposed modification. The city council shall not approve the proposed modification unless it determines that the proposed modification is consistent with the general plan.

(Ord. 357B §7.02.070, 1979)

The planning commission or the city council may, prior to action on a petition, permit the withdrawal of any petition or part thereof filed pursuant to this chapter.

(Ord. 357B §7.02.080, 1979)

If a rezoning application is denied, another petition to rezone substantially the same property shall not be accepted within a one-year period unless specific approval for such filing is given by the planning commission or the city council.

(Ord. 357B §7.02.090, 1979)