Chapter 17.144 — REZONING AND LAW CHANGE PROCEDURE

The provisions of this Chapter shall be known as the Rezoning and Law Change Procedure. The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of the zoning regulations and in the application thereof to specific properties. This procedure shall apply to all proposals to rezone property, to change the text of the zoning regulations, or to establish, amend, or delete any development control map or designated landmark or landmark site.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; prior planning code § 9500)

The City Council shall not rezone any property, change the text of any provision of the zoning regulations, or establish, amend, or delete any development control map or designated landmark or landmark site until after it has received, pursuant to this procedure, a recommendation and/or findings from the City Planning Commission.

(Prior planning code § 9501)

A.

Private Party Initiation. The owner of any property, or his or her authorized agent, may make application to the Planning and Building Department to rezone such property, to amend or delete any development control map applicable thereto, or to establish, amend, or delete a designated landmark or landmark site applicable thereto.

B.

Commission Initiation. The City Planning Commission may, and upon request of the City Council shall, initiate action to rezone any property, to change the text of the zoning regulations, or to establish, amend, or delete any development control map or designated landmark or landmark site. Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the Commission for the rezoning or other change.

C.

Landmarks Board Initiation. The Landmarks Preservation Advisory Board may initiate action to rezone any property to or from the S-7 Zone or to establish, amend, or delete any designated landmark or landmark site. Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the Board for the rezoning or other change.

D.

Parks and Recreation Advisory Commission (PRAC) Initiation. The PRAC may initiate action to rezone property to or from the OS Zone or to establish, amend, or delete the park category designation of any site.

Such initiation shall be for the purpose of reviewing the merits of the proposal and shall not imply advocacy by the PRAC for the rezoning or other change.

(Ord. No. 13763, § 5, 10-3-2023; Ord. 12078 § 5 (part), 1998; prior planning code § 9502)

A private party application shall be made by the owner of the affected property, or his or her authorized agent, on a form prescribed by the City Planning and Building Department and shall be filed with such Department. The application shall be accompanied by a description of the property or such other information as may be required by the City Planning Commission, and by the fee prescribed in the fee schedule in Chapter 17.150.

(Ord. No. 13763, § 5, 10-3-2023; Prior planning code § 9503)

Whenever an application or proposal, other than one initiated by the Landmarks Preservation Advisory Board, is to rezone property to or from the S-7 Zone or to establish, amend, or delete a designated landmark or landmark site, the City Planning and Building Department shall promptly refer the application or proposal to said Board for its recommendations. The City Planning Commission shall not act on the application or proposal until it has first received a report from the Board or until more than thirty (30) days have elapsed since the proposal was sent to the Board, whichever is sooner. However, the thirty (30) day period may be extended by agreement between the Commission or private party applicant, as the case may be, and the Board.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Prior planning code § 9504)

Whenever an application or proposal, other than one initiated by the Parks and Recreation Advisory Commission (PRAC), is made to rezone property to or from the OS Zone or to establish, amend, or delete a park category designation, the City Planning and Building Department shall promptly refer the application or proposal to the PRAC for its recommendations. The City Planning Commission shall not act on the proposal until it has heard a report from the PRAC or until more than thirty (30) days have elapsed since the proposal was sent to the PRAC, whichever is sooner. However, the thirty (30) day period may be extended by agreement between the City Planning Commission or private party applicant, as the case may be, and the PRAC.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12078 § 6, 1998)

In the case of private party initiation, the City Planning Commission shall hold a public hearing on the application. Notice of the hearing shall be given by posting an enlarged notice on the premises of the subject property. Notice of the hearing shall also be given by mail or delivery to all owners and occupants of real property within three hundred (300) feet of the property involved; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized

assessment roll shall not invalidate the affected proceedings. All such notices shall be given not less than seventeen (17) days prior to the date for the hearing. If, however, the conditions as set forth in Section

procedures. Following Commission action on any environmental document which may be required pursuant to the California Environmental Quality Act in connection with the proposal, the Commission shall make a decision on the application; provided that the Commission may, with the consent of the applicant, defer action until necessary studies or plans shall have been completed for the area. The Commission shall consider whether the existing zone or regulations are inadequate or otherwise contrary to the public interest, and may approve, modify, or disapprove the application. In case of approval or modified approval, the Commission shall forward its recommendation to the City Council for appropriate action. In case of denial of a private party application, the decision of the Commission shall become final ten (10) calendar days after the date of the decision unless appealed to the City Council in accordance with Section

In event the last date of appeal falls on a weekend or holiday when city offices are closed, the

next date such offices are open for business shall be the last date of appeal.

(Ord. No. 13763, § 5, 10-3-2023; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 9505)

Within ten (10) calendar days after the date of an adverse decision by the City Planning Commission on a private party application, an appeal from said decision may be taken to the City Council by the applicant. In event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Planning Director and shall be filed with the Planning and Building Department. The appeal shall state specifically wherein it is claimed the Commission erred in its decision. The appeal shall be considered in accordance with Section 17.144.090.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. 12872 § 4 (part), 2008; Prior planning code § 9506)

proposal.

In the case of initiation by the City Planning Commission or the Landmarks Preservation Advisory Board, the Commission shall, within a reasonable period of time, hold a public hearing on the proposal. Notice of the hearing shall be given in the same manner as set forth in Section 17.144.060. In addition, notice of the hearing shall be mailed or delivered not less than seventeen (17) days prior to the date set for the hearing to the owners and occupants of all real property included in the proposal; provided, however, that failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. If, however, the conditions as set forth in Section 17.130.020 apply, alternative notification procedures discussed therein may replace or supplement these procedures. When the proposal involves changing the text of the zoning regulations, notice of the hearing shall be given in the official newspaper of the city at least seventeen (17) days prior to the date set for the hearing. Following Commission action on any environmental document which may be required pursuant to the California Environmental Quality Act in connection with the proposal, the Commission shall make a decision on the proposal; provided that the Commission may defer action until completion of such studies or plans as may be necessary to determine the advisability of the proposal. The Commission shall

consider whether the existing zone or regulations are inadequate or otherwise contrary to the public interest, and may approve, modify, or disapprove the proposal. The Commission shall, in every case, make a recommendation to the City Council for appropriate action.

(Ord. No. 13763, § 5, 10-3-2023; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 9507)

Upon receipt of an appeal by a private party, or upon receipt of a recommendation from the City Planning Commission, the City Council shall set the date for consideration of the matter. After setting the hearing date, the Council, prior to hearing the appeal or recommendation, may refer the matter back to the Planning Commission for further consideration and advice. Appeals referred to the Planning Commission shall be considered by the Commission at its next available scheduled meeting. Any such referral shall be only for the purpose of issue clarification and advice. In all cases, the City Council shall retain jurisdiction and, after receiving the advice of the Planning Commission, shall hold a hearing on and decide the appeal. In the case of receipt of a recommendation from the City Planning Commission, the City Clerk shall notify the Secretary of the City Planning Commission of the date set for consideration thereof. Notice of the hearing shall be given by mail or delivery to all parties who have commented on the matter and to other interested parties as deemed appropriate. All such notices shall be given not less than seventeen (17) days prior to the date set for the hearing.

In the case of an appeal by a private party, the City Clerk shall notify the Secretary of the City Planning Commission of the date set for consideration thereof. Not less than seventeen (17) days prior thereto, written notice shall be given to: the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretary deems appropriate, of the date and place of the hearing on the appeal. Upon an appeal by a private party, or upon the receipt of a recommendation from the City Planning Commission, the Council may approve, modify, or reverse the decision or may approve, modify, or disapprove the Commission's recommendations, as the case may be. The decision of the City Council shall be made by resolution and shall be final.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13172, § 3(Exh. A), 7-2- 2013; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: prior planning code § 9508)

Whenever a private party application has been denied by the City Council, no such application for the same proposal affecting the same property, or any portion thereof, shall be filed within one (1) year after the date of denial.

(Prior planning code § 9509)