Article V — TEXT AMENDMENTS, REZONES AND PREZONES

The provisions of this title may be amended by changing the boundaries of the zoning districts or by changing any text provisions of this title whenever the public necessity, convenience or general welfare require such amendment. Amendments may be initiated by:

A.

The town council;

B.

The planning commission;

C.

The planning director;

D.

By a petition filed with the community development department signed by the property owner(s) representing the area to be rezoned or supporting the text amendment(s) proposed.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The planning commission shall hold a public hearing on any such proposed amendment. Notice of the time, date and place of the hearing, including a general explanation of the subject to be considered and including, as appropriate, a general description of the area affected shall be given at least ten (10) calendar days before the hearing.

In addition, for town-initiated district amendments, notices shall be mailed to the owner(s) of the property which is the subject of the proposed amendment as shown on the latest equalized assessment roll.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Within thirty (30) days of the conclusion of the public hearing, or continuations thereof, the planning commission shall make and transmit to the town council a report of its findings and its recommendations with respect to the proposed amendment. The report shall include a list of persons who testified at the hearing, a summary of the facts presented at the hearing, the findings of the planning commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. The town council may take action upon the proposed amendment within ninety (90) days from the date of receipt of the planning commission's recommendation. (Government Code Section 65853 et seq.).

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

Upon receipt of the recommendation of the planning commission to change land from one zone to another, the town council shall hold a public hearing; provided, however, that if the planning commission has recommended against the adoption of the amendment, the town council shall not be required to take further action unless an interested party requests such a hearing by filing a written appeal with the town clerk and paying any required appeal fee, within seven calendar days after the planning commission files its

recommendation with the town council by filing the recommendation with the town clerk. (Government Code Sections 65354.5 and 65856)

B.

Upon receipt of the recommendation of the planning commission to amend the zoning ordinance text to add or to delete a zone or regulations pertaining thereto, the town council shall hold a public hearing regardless of the recommendation of the planning commission.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

The town council may approve, modify or disapprove the recommendation of the planning commission with-in ninety days of receipt of the planning commission's recommendation; provided, that any modification of the pro-posed ordinance or amendment by the town council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to conduct a public hearing thereon. Failure of the planning commission to report within forty days after the referral shall be deemed to be approval of the proposed modification. (Government Code Section 65857)

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

The town may prezone unincorporated territory adjoining the town for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the town. The method of accomplishing such prezoning shall be as provided by Section 17.45.500 et seq. as set forth in this article for zoning within the town. Action to prezone may be initiated by the planning director, planning commission or the town council. Such zoning shall become effective at the same time that the annexation becomes effective. (Government Code Section 65859)

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)