Chapter 17.52 — AMENDMENTS AND SITE PLANS GENERALLY

• A. When and How Title May Be Amended. Whenever public necessity, convenience and general welfare require, the boundaries of the zones established by this title, the classification of property uses therein or other provisions of this title may be amended as follows:

  1. By amending the zoning map.

  2. By adoption of site plans.

  3. By revising the text of this title.

• B. Criteria for Amending.

  1. That modified conditions warrant a revision in the zoning plan as it pertains to the area under consideration.

  2. That a need for the proposed zone classification exists within such area and that the proposed change is necessary and proper and not likely to be detrimental to adjacent properties.

  3. That the particular property under consideration is a proper location for such zone classification within such area and is suitable for uses permitted in the zone in terms of access and size of parcel.

  4. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare.

  5. That the proposed classification will be consistent with the comprehensive general plan.

• C. Initiation of Amendments. Amendments of this title, and the map which is a part hereof, may be initiated by:

  1. The verified application of one or more owners of property which is proposed to be changed, reclassified or for which a site plan is requested.

  2. By the adoption of a motion by the City Council requesting the Planning Commission to set a matter for hearing and recommendation.

3. By adoption of a motion by the Planning Commission.

(Prior code §§ 44-173—44-174)

Whenever the owner of any land or building desires an amendment, supplement to or change in the regulations prescribed for his or her property, or desires approval of a site plan, he or she shall file with the Planning Commission an application therefor, verified by him or her. (Prior code § 44-175)

• A. Hearing to Be Held—Notice Thereof. Upon the filing of a verified application for an amendment or for approval of a site plan, or upon the adoption of a motion by the City Council or Planning Commission, the Planning Commission shall hold one public hearing thereon as required by the State Planning Law for the adoption of, or amendments to, precise plans, and notice of such hearing shall be given as provided in Chapter 17.56 .

• B. Resolution Announcing Findings and Recommendations to Council Generally. The Planning Commission shall announce its findings by formal resolution not more than 40 days following the hearing referred to in the preceding section, and such resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the approval or denial of the application for the amendment or site plan necessary to carry out the general purpose of this title, and shall recommend to the City Council the adoption of the amendment or site plan or deny the application.

• C. Notice of Commission's Decision.

  1. When Approving. When the Planning Commission's action is to recommend the adoption of the amendment or the approval of a site plan, such Commission shall, within 14 days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the City Council a copy of such resolution, together with the complete file in the case.

  2. When Denying Application. If the action of the Planning Commission is to deny an application for an amendment or a site plan, such Commission shall, within 14 days from the date of adoption of its resolution, notify the applicant by forwarding a copy of the resolution to the address shown on the application.

• D. Transmission of Record to Council. Within 14 days of rendering its decision, as provided by subsection B , the Planning Commission shall transmit to the City Council, complete records of the case.

(Prior code §§ 44-176—44-180)

• A. Hearing to Be Held—Notice Thereof.

  1. Within not to exceed 60 days following receipt of the record from the Planning Commission, as provided by the preceding section, the City Council shall conduct a public hearing.

  2. The City Council shall conduct a duly advertised hearing on this matter, public notice of which shall be given as provided in Chapter 17.56 .

• B. Adverse Decision of Council May Be Referred to Planning Commission. If the City Council proposed an action that is in any way contrary to the recommendations of the Planning Commission, the City Council may, before final action is taken, refer its findings to the Planning Commission, and request a further report of the Planning Commission on the matter. Failure of the Planning Commission to report to the City Council within 40 days after reference may be deemed to be approval by the Planning Commission of any proposed change.

• C. Action of Council to Be by Majority Vote and Shall Be Final. The action of the City Council on the application for an amendment or site plan shall be by a majority vote of the City Council and shall be final and conclusive.

• D. Copy of Resolution to Be Forwarded to Applicant. Not later than seven days following the adoption by the City Council of a resolution approving or denying an amendment to this title or a site plan, or an appeal, one copy of such resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file in the case and the complete file returned to the Planning Commission for permanent filing.

• (Prior code §§ 44-181—44-184)

• A. Where a change of zone classification is involved in considering a site plan, the adoption of the site plan shall constitute a reclassification of the property to such one or more zones as are designated on the site plan of the property involved, and shall be adopted as an amendment to the zoning map. The details of the site plan shall supersede the general requirements of the applicable zones involved insofar as they apply to the particular site. The new zone boundaries of the reclassified area contained within the site plan shall be indicated on the zoning map together with a numbered reference to the site plan, the details of which site plan shall govern the application of the zoning provisions to such area.

• B. If no reclassification is involved in the consideration of a site plan, the adoption of the site plan shall be processed as, and shall constitute, an amendment to the zoning map to the extent of identifying the area made the subject of the site plan, and the details of the site plan shall apply to the property involved in the site plan in the same manner as where a reclassification is involved.

(Prior code § 44-185)

Chapter 17.56. APPLICATIONS, FEES, NOTICES, HEARINGS AND PROCEDURES GENERALLY

• A. The Planning Commission shall prescribe the form in which applications are made for changes in zone boundaries or classification, site plans, variances, conditional use permits and unclassified use permits. It may prepare and provide blanks for such purposes and may prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it complies with such requirements.

• B. Significance of Signatures. If signatures of persons other than the owners of property making the application are offered in support of, or in opposition to, an application under the provisions of this chapter, they may be received as evidence of notice having been served upon such signers of the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City as represented by the Planning Commission and the City Council.

• C. To Be Numbered and Become Part of Permanent Record—Items to Be Attached Thereto. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the Planning Commission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions, with certificates and affidavits of posting, mailing or publications pertaining thereto.

• D. Investigations. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application under the provisions of this chapter set for hearing, that will assure action on each case consistent with the purpose of this chapter.

(Prior code §§ 44-186—44-189)

Fees shall be paid upon the filing of an application under the provisions of this chapter, and such fees shall not be refundable. Fees are in accordance with the fee schedule adopted by the City Council.

(Prior code § 44-190; Ord. 1198, 4/22/2025)

• A. Manner of Giving. Notice of time and place and date of public hearings under the provisions of this chapter shall be given in the following manner:

  1. Notice of any public hearing upon a proposed general plan amendment, variance, conditional use permit, unclassified use permit, tentative tract map, tentative parcel map, condominium conversion, or development review application shall be given by at least one publication in a newspaper of general circulation in the City not less than 10 days before the date of such public hearing. Notice of public hearing shall be given by the following method: mailing of a written notice not less than 10 days prior to the date of such hearing to the last known address of the owners and tenants of the property located within not less than a 500-foot radius of the exterior boundaries of the subject property as indicated on the latest available County assessment rolls.

  2. Notice of any public hearing upon a proposed amendment to this chapter (Zoning Ordinance Text Amendment) or to the map which is a part of this chapter (zone change), shall be given by at least one publication in a newspaper of general circulation in the City not less than 20 days before the date of such public hearing. Notice of public hearing shall be given by the following method: mailing of a written notice not less than 20 days prior to the date of such hearing to the last known address of the owners and tenants of the property located within not less than a 500-foot radius of the exterior boundaries of the subject property as indicated on the latest available County assessment rolls.

  3. A written notice shall be sent to the owner of the subject property and to the applicant if the applicant is a person other than the owner of such property not less than 10 days prior to the date of hearing on any type of application.

• B. Required Wording and Contents Generally. Notices of hearings on general plan amendment, zone change, unclassified use permit, variance, conditional use permit, and development review application shall consist of the words: "Notice of Proposed General Plan Amendment" or "Notice of Proposed Zone Change" or "Notice of Proposed Unclassified Use Permit" or "Notice of Proposed Conditional Use Permit" or "Notice of Proposed Development Review Application" as the case may be, setting forth the description of the property under consideration, the detailed nature of the proposed change, or requested permit or use, clearly identifiable site plan and elevations or renderings as relevant, and the time, place, and date at which the public hearings on the matter will be held.

(Prior code §§ 44-191, 44-192; Ord. 1175 §§ 3, 4, 2023; Ord. 1198, 4/22/2025)

• A. Scheduling—Date.

  1. All proposals for amending zone boundaries or classifications of property uses within any zone, or for considering the granting of variances, conditional use permits, site plans, unclassified use permits, and development review applications as provided in this chapter shall be set by the secretary of the Planning Commission for public hearing when such hearings are to be held before the Planning Commission/Development Review Board, and by the City Clerk for hearings to be held before the City Council.

  2. The date of such hearings shall be not less than 10 days nor more than 60 days from the date of the filing of the verified application, or the adoption of the resolution or the making of the motion.

• B. Establishment of Rules of Conduct of Hearings. The Planning Commission may establish rules governing the conduct of public hearings conducted by it under the provisions of this chapter.

• C. Hearings May Be Continued Without Recourse to Additional Public Notice. If, for any reason, testimony on any case set for public hearing under the provisions of this chapter cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, such hearing will be continued, and no further notice is required.

• D. Permanent Files to Include Summary of Testimony. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this chapter, and the names of persons testifying, shall be recorded and made a part of the permanent files of the case.

(Prior code §§ 44-193—44-196; Ord. 1175 § 5, 2023)