Manhattan Beach Municipal Code Ch. 10.96 Amendments

This title may be amended by changing the zoning map or the zoning regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A. Zoning Regulations. Amendments to the zoning regulations shall be initiated by motion of the City Council or the Planning Commission.

B. Zoning Map. Amendments to the zoning map shall be initiated by motion of the City Council or Planning Commission, or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A property owner shall initiate a request for a zoning map amendment by filing the following with the Community Development Director:

A. A completed application form;

B. A completed Initial Study form;

C. A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 500 feet of the boundaries of the property;

D. A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor or Tax Collector, showing the names and addresses of the owner of record of each lot within 500 feet of the boundaries of the property. This list shall be keyed to the map required by subsection (C) above and shall be accompanied by mailing labels.

E. The required fee.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A. Scope. The Community Development Director shall set a date, time, and place for the public hearing and prepare a report to the Planning Commission on an application of a property owner for a zoning map amendment describing the area to be considered for change and, if warranted, proposing alternative amendments. The hearings will be held within a reasonable time after the City's acceptance of a complete application.

B. Notice of Hearing.

1. Normal Procedure. Notice shall be given in accord with Government Code Sections 65090 and 65091, except that a mailed notice for a zoning map amendment shall be provided in accord with Section 10.84.040(B)(1) of this Title (which requires 500′ radius mailing notice), in addition to published and posted notices.

2. Zoning Map Amendments: 1000 or More Lots. If a proposed zoning map amendment includes 1,000 or more lots, notice may be given in accord with Government Code Section 65091(a)(3).

C. Contents of Notice. Notices required by this section shall contain:

1. A description of the amendment;

2. A statement of the date, time, and place of the hearing;

3. Reference to the Council or Commission motion or application and other materials on file with the Community Development Director for detailed information; and

4. A statement that any interested party or agent may appear and be heard.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

A. Public Hearing. At the time and place set for the public hearing, the Planning Commission shall consider a report of the Community Development Director and shall hear evidence for and against the proposed amendment. The Planning Commission may continue a public hearing to a definite date and time without additional notice.

B. Recommendation to City Council. Following the public hearing, the Commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the General Plan and the purposes of this title, and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in modified form.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A Planning Commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by petition shall terminate proceedings, unless appealed. Notice of such action shall be mailed to the applicant within 7 days of the Commission's decision.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A. Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment, the Council shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within a reasonable time of the date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing in the manner prescribed as required by Section 10.96.040.

B. Public Hearing. At the time and place set for the public hearing, the Council shall hear evidence for and against the proposed amendment. The Council may continue a public hearing to a definite date and time without additional notice.

C. Council Decision. Within 21 days after the public hearing, the Council shall approve, modify, or reject the Commission recommendation, provided that a modification not previously considered by the Commission shall be referred to the Commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the Council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance, the Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A. Revisions. At or after a public hearing, the Commission or the Council may determine that the public interest would be served by:

1. Revising the boundaries of an area proposed for a zoning map amendment;

2. Considering zoning map designations not originally presented in a motion, application, or Commission recommendation; or

3. Considering zoning regulation amendments not originally presented in a motion, petition, or Commission recommendation.

B. Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment, unless the Commission or Council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Following denial of an application for an amendment to the zoning map by the Commission or Council, no new application or petition for the same, or substantially the same, amendment shall be accepted within 2 years of the date of denial, unless denial is made without prejudice.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)