Chapter 23.96 — AMENDMENTS

This title may be amended by changing the boundaries of districts, or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this chapter.

(Prior code § 25-214)

• (a) An amendment may be initiated by one (1) or more property owners affected by the proposed amendment or by any member of the city council, planning commission or director of development services by completing an application on file with the planning division.

• (b) Applications submitted by one (1) or more property owners affected by the proposed amendment shall be accompanied by:

  • (1) Sixteen (16) sets of the plot plan drawn to scale, showing the location of property, boundaries and improvements proposed, all dimensioned;

  • (2) The fee established by city council resolution;

  • (3) A list of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application as certified by a title insurance company authorized to do business in Orange County, California. Such list shall be typed in duplicate upon gummed labels ready for mailing, and shall be accompanied by a location map;

• (4) A preliminary title report or a lot book report showing all property owners of the parcel or parcels of property included within the boundaries of the proposed amendment.

• (Prior code § 25-215; Ord. 68-O-130 § 10, 1968; Ord. 69-O-115 § 1, 1969; Ord. 92-O-100 § 5, 1992; Ord. O-2007-07 § 46, 2007)

• (a) Public Hearing. The planning commission shall hold one (1) public hearing for adoption of or amendments to the zoning code. Notice of the public hearing before the planning commission and notice of the public hearing before the city council shall be given in the manner specified below:

• (b) Notice of Public Hearing.

  • (1) Publish. Notice of the hearing shall be published in at least one (1) newspaper of general circulation at least ten (10) days prior to the hearing.

  • (2) Mail or Delivery. Notice of hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, the project applicant, each local agency that provides facilities and services whose ability to provide those services may be significantly affected, and all owners of real property as shown on the latest equalized assessment roll within a three hundred (300) foot radius of the exterior boundaries of the real property that is the subject of the hearing.

  • (3) Post. Ten (10) days prior to the hearing, notice of the hearing shall be posted in at least three (3) public places within the city including at least one (1) place on or near the real property that is the subject of the hearing.

• (c) Failure to Receive Notice. Failure of any property owner to receive such notice shall not alter the validity of the hearing.

(Prior code § 25-216; Ord. 68-O-130 § 11, 1968; Ord. 84-O-110 § 1, 1984; Ord. 91-O-119 § 8, 1990)

The planning commission, after examination of the proposed amendment, shall make recommendations of its findings to the city council. The planning commission shall recommend approval only if it finds:

• (1) The proposed amendment will not be: (A) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city, or (B) injurious to property or improvements within the neighborhood or within the city;

(2) The proposed amendment will be consistent with the latest adopted general plan. (Prior code § 25-217; Ord. 75-O-109, 1975; Ord. 94-O-103 § 6, 1994)

• (a) A report of the findings and recommendations of the planning commission shall be transmitted to the city council after the final public hearing. Upon receipt of such report from the planning commission recommending approval of the proposed amendment, the city council shall set the matter for public hearing as specified in Section 23.96.030 . Upon receipt of such report from the planning commission, recommending denial of the proposed amendment, the city council shall not be required to take any further action, unless the applicant or any interested person, within ten (10) calendar days after the action of the planning commission, files a written appeal of the action with the city clerk. The letter of appeal shall be accompanied by a processing fee as established by city council resolution.

• (b) Any member of the city council may appeal the decision of the planning commission in writing within ten (10) calendar days. The letter shall be filed with the city clerk’s office.

• (c) The city council shall hold a public hearing and notices shall be mailed as set forth in Section 23.96.030 . Notices shall also be given to the applicant, the planning commission and the appellant. The planning commission shall submit a report and meeting minutes to the city council setting forth the reasons for action taken by the commission.

• (d) The city council shall make its own determination as to whether the proposed amendment meets the standards outlined in Section 23.96.040 and may approve, modify or disapprove, the recommendation of the planning commission. Any significant modification of the amendment, not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing on the proposed modification. Failure to report on the proposed modification within forty (40) days, or such longer period as the council may designate, shall be deemed an approval of the proposed modification.

(Prior code § 25-218; Ord. 68-O-130 § 12, 1968; Ord. 75-O-109, 1975; Ord. 81-O-115, 1981; Ord. O- 2007-07 § 47, 2007)

The building official shall not issue any building permit for the construction of any building, structure, facility or alteration, the construction of which or the proposed use of which would constitute a violation of this title.

(Prior code § 25-219)