Division 6 — AMENDMENT

Any ordinance which alters the text of this chapter which changes land from one (1) zone to another, or which prezones land or imposes any regulation listed in section 65850 of the Government Code not theretofore imposed is an amendment to this chapter.

(Ord. No. 1316, § 5.50.010, 6-7-76)

Proceedings for adopting amendments to this chapter may be commenced on motion of the Council or the Planning Commission.

(Ord. No. 1316, § 5.50.020, 6-7-76)

When an application is filed with the Planning Commission by an owner of land to change the land from one (1) zone to another the Planning Commission shall commence proceedings to effect the change, unless an application for a similar change for the same land or a larger parcel including the same land has been heard by the Planning Commission during the year immediately preceding the date the application in question is filed. In the latter event, proceedings to effect the change shall not be commenced except after a majority of the Planning Commission votes to hear the application.

(Ord. No. 1316, § 5.50.030, 6-7-76)

When this chapter is amended to change land from one (1) zone to another or to impose, remove or modify any regulation of the type listed in Government Code section 65850 the amendment shall be adopted in the manner provided in this division, except for amendments adopted by means of an interim urgency ordinance, which shall be adopted in the manner provided by Government Code section 65858.

(Ord. No. 1316, § 5.50.040, 6-7-76)

Amendments to this chapter, other than those described in section 29.20.545, may be adopted in the manner provided by statute for other ordinance.

(Ord. No. 1316, § 5.50.050, 6-7-76)

When the Council requests by resolution that the Planning Commission study and report on a zoning ordinance or amendment which is within the scope of section 29.20.545 and the Planning Commission fails to act on the request within a reasonable time the Council may, by written notice, require that the Planning Commission render its report within forty (40) days. On receiving the written notice the Planning Commission, if it has not already done so, shall hold any hearing required. The Planning Commission's failure to report within the forty-day period is deemed to be approval of the proposed ordinance or amendment.

(Ord. No. 1316, § 5.50.060, 6-7-76)

The Planning Commission shall hold a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to section 65090 of the Government Code

and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to section 65091 of the Government Code.

(Ord. No. 1316, § 5.050.070(1), (2), (4), (6), (7), 6-7-76)

State Law reference— Similar provisions, Govt. Code § 65854.

(a)

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the Planning Commission may utilize records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or Government Code section 6509(A)(1) is greater than one thousand (1,000), the Planning Commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation within the Town at least ten (10) days prior to the hearing.

(b)

If the notice is mailed or delivered pursuant to subsection (a), the notice shall also either be:

(1)

Published pursuant to section 6061 of the Government Code in at least one (1) newspaper of general circulation within the Town at least ten (10) days prior to the hearing.

(2)

Posted at least ten (10) days prior to the hearing in at least three (3) public places within the boundaries of the Town, including one (1) public place in the area directly affected by the proceeding.

(Ord. No. 1316, § 5.050.070(3), (5), 6-7-76)

State Law reference— Similar provisions, Govt. Code § 65091(a)(3), (4).

The Planning Commission shall determine whether to recommend that the Council adopt an amendment. If the proceeding was commenced on the motion of the Planning Commission and the Planning Commission determines no amendment is appropriate, no further action is required. Otherwise, the Planning Commission shall render its decision in the form of a written recommendation to the Council.

(Ord. No. 1316, § 5.50.080, 6-7-76)

The recommendation shall include the reasons therefor and a description of the relationship of the amendment to the general plan and any applicable specific plan. The recommendation shall be transmitted in the form of approved Planning Commission minutes for the next Council meeting following approval of the minutes.

(Ord. No. 1316, § 5.50.090, 6-7-76)

After receiving the recommendation of the Planning Commission, the Council shall hold a public hearing unless the amendment would change land from one (1) zone to another, and the Planning Commission has recommended against the adoption of the amendment. In the latter event, the Council may take further action concerning the amendment, but is not required to do so unless an interested party files a written request for hearing with the Town Clerk during the period between the Planning Commission hearing and the day five (5) days after the Planning Commission files its recommendation with the Council.

(Ord. No. 1316, § 5.50.100, 6-7-76)

Notice of the section 29.20.580 hearing shall be given pursuant to section 65090 of the Government Code.

(Ord. No. 1316, § 5.50.100, 6-7-76)

State Law reference— Similar provisions, Govt. Code § 65856(b).

Any hearing under this division may be continued from time to time.

(Ord. No. 1316, § 5.50.120, 6-7-76)

The Council may approve, modify or disapprove the recommendation of the Planning Commission. Any modification of an amendment by the Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification.

(Ord. No. 1316, § 5.50.130, 6-7-76)

When zoning, rezoning or prezoning property, the Council may condition its approval and may decline to adopt an ordinance unless the conditions are met. Such conditions must be reasonably conceived to fulfill the public needs emanating from the landowner's proposed use.

(Ord. No. 1316, § 5.50.140, 6-7-76)

Any area annexed to the Town after the effective date of this chapter, unless prezoned, is immediately upon annexation automatically classified as HR or hillside residential zone until another zone for the area has been adopted by the Council. The Planning Commission shall recommend to the Council appropriate zoning for such area within sixty (60) days after annexation.

(Ord. No. 1316, § 5.50.150, 6-7-76; Ord. No. 1337, 11-1-76)

Unincorporated territory may be prezoned to determine the zone that will apply to the property if it is annexed to the Town. The procedure for prezoning is the same as that for zoning. The zoning becomes effective when annexation occurs.

(Ord. No. 1316, § 5.50.160, 6-7-76)

Zone boundaries are shown on the zoning map. Where uncertainty exists as to the exact location of a zone boundary, the following rules apply:

(1)

Where a boundary appears to follow a street or alley line, the centerline of the street or alley is the boundary.

(2)

Where a boundary approximately follows a lot line, the precise lot line is the boundary.

(3)

Where the circumstances described in subsection (1) or (2) do not exist and adequate dimensions are not shown on the zoning map, the location of the boundary is determined by using the scale shown on the zoning map.

(Ord. No. 1316, § 5.50.170, 6-7-76)

Secs. 29.20.620—29.20.695. - Reserved.