Article I — Amendments

The Point Arena zoning ordinance and zoning map, as adopted by the Point Arena city council, may be amended pursuant to the requirements of this article and provisions of the Government Code of both the Coastal Act and the state of California. (Ord. 179 § 6.01, 2001.)

An amendment to the text of the zoning ordinance or zoning map may be initiated by motion of the city council on its own initiative, or by the planning commission on its own initiative. Amendments to the zoning map may be initiated by the owner of the subject property, or authorized agent for the owner, or by the planning commission or city council. (Ord. 179 § 6.02, 2001.)

The filing of an application for an amendment to the zoning ordinance or zoning map, the payment of fees, notice of hearing, and procedural requirements shall be as prescribed herein and in Sections 18.30.200 through 18.30.220 .

The planning commission shall hold a public hearing on proposed amendments to the zoning ordinance or zoning map. At the public hearing the planning commission shall hear any person interested in the proposed amendment. The hearing may be continued from time to time provided that the notice of the time and place of the continued public hearing is given at the hearing or in the manner provided for in Section 18.30.220 . Within 40 days of the conclusion of the hearing, the planning commission shall submit to the city council a written report of recommendations and reasons thereof, including the relationship of proposed zoning amendments to the Point Arena

general plan. The planning commission shall not hold a hearing on a proposed amendment to the zoning ordinance less than two weeks after final city council action on a related change in the general plan.

If, after the hearing is closed, the planning commission recommends approval of the proposed amendment, the city council, upon receipt of the report, shall set the matter for public hearing. The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification proposed by the city council not previously considered by the planning commission during their hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure to report within 40 days after the referral shall be deemed to be commission approval of the proposed modification.

If the planning commission has recommended against the adoption of an amendment, the city council shall not be required to take any further action thereon unless an interested party shall request such hearing by filing a written request with the city clerk within 10 working days after the planning commission files its recommendation with the city council.

The city council shall reach a decision not later than 40 days after the conclusion of the city council hearing or not later than 40 days after the filing of a report, or the deadline for submitting such a report by the planning commission on a referral from the city council. In adopting or modifying any proposed amendment, the city council shall adopt a resolution certifying that the proposed amendment is intended to be carried out in a manner fully consistent with the Government Code and the California Coastal Act of 1976, including amendments. Failure of the city council to adopt the proposed amendment within the period set forth in this section shall be deemed to be a denial of such a proposed amendment. (Ord. 179 § 6.03, 2001.)

In addition to notification required by Section 18.30.220 , notice of proposed amendments to the Point Arena zoning ordinance shall be mailed to the California Coastal Commission and other interested public agencies and persons at least 10 working days prior to the date of the first public hearing before the planning commission. The city council shall not take final action on an amendment until at least six weeks after notices have been sent except in the case of an LCP amendment that the executive director of the Commission determines to be de minimus pursuant to Section 30514(d) of the Coastal Act, in which case the city shall not submit the proposed amendment to the executive director until at least 21 days after notices have been sent. (Ord. 179 § 6.04, 2001.)

Within five working days of the adoption of the amending ordinance the city clerk shall forward to the executive director of the California Coastal Commission a copy of the amending ordinance together with materials sufficient for a thorough review as well as the city council resolution contained in Section 18.30.030 . The executive director shall notify the city in writing if the amendment needs to be certified as part of the Point Arena local coastal program and whether the amendment is considered a major or minor amendment pursuant to the provisions of Section 30514(c) of the Coastal Act. Major or minor amendments, including any amendment that allows changes in uses, shall become part of the Point Arena local coastal program at the time the California Coastal Commission certifies the amendment as adopted by the city. If the Coastal Commission certifies the amendment subject to conditions or changes, the amendment shall not become part of the Point Arena local coastal program until by resolution the city council concurs in any conditions, or by ordinance adopts any changes and such ordinance has become effective.

An amendment to the Commission-certified local coastal program shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Chapter 6, Article 2, of the California Coastal Act and is effectively certified by the California Coastal Commission pursuant to Section 13551 et seq., of the California Code of Regulations . (Ord. 179 § 6.05, 2001.)