Ridgecrest Municipal Code § 106-246 Hearing

As the general plan of the city is put into effect over the years, there will be a need for changes in district boundaries and other regulations of this chapter so as to accomplish the purpose and intent of this chapter. As the general plan is reviewed and revised periodically, other changes in the regulations of this chapter may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this section.

(Code 1980, § 20-25.1; Ord. No. 84-08, A 25, § 2501)

(a) A change in the boundaries of any district may be initiated, if consistent with the general plan, by the city, an owner of the property or a majority of the property owners within the area for which a change of district boundaries is proposed, or the authorized agent of the owner.

(b) A change in boundaries of any district, or a change in district regulations, general provisions, exceptions, or other provisions of this chapter may also be initiated by action of the planning commission or city council.

(Code 1980, § 20-25.2; Ord. No. 84-08, A 25, § 2502)

A property owner or his authorized agent desiring to change the zoning district boundaries in which his property is located shall file an application on a form prescribed by the secretary, which shall include the following data:

(1) Name and address of the applicant.

(2) Signature of the owner and a statement that the applicant is the owner of the property for which the change in district boundaries is proposed, or the authorized agent of the owner.

(3) Address and legal description of the property.

(4) The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site, showing the location of the streets and property lines which are the subject of the zone change request.

(5) The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-25.3; Ord. No. 84-08, A 25, § 2503)

The planning commission shall hold a public hearing on each application for a change of district boundaries or district regulations, general provisions, exceptions or other provisions of this chapter within 60 days of the date when the application is filed and complete. Notice of public hearing shall be given by the secretary of the planning commission as follows:

(1) If the amendment does not affect the permitted uses of real property, notice shall be published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the jurisdiction of the local agency. The notice shall include the information specified in Government Code § 65094. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable. Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation.

(2) If the amendment does affect the permitted uses of real property:

a. Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

b. Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

c. Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

d. The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

1. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

3. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (2) or subsection (1) of this section is greater than 1,000, the planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

4. If the notice is mailed or delivered pursuant to subsection (2)d.3 of this section, the notice shall also either be:

(i) Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

(ii) Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

e. The notice shall include the information specified in Government Code § 65094.

f. In addition to the notice required by this subsection, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Code 1980, § 20-25.4; Ord. No. 84-08, A 25, § 2504; Ord. No. 85-20, § 5)

State Law reference— Similar provisions, Government Code §§ 65090, 65091, 65854.

The secretary to the planning commission shall make an investigation of an application and shall prepare a report thereon which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation.

(Code 1980, § 20-25.5; Ord. No. 84-08, A 25, § 2505)

(a) At the public hearing the planning commission shall review the application or the proposal and may receive pertinent evidence as to why and how the proposed change is necessary to achieve the objectives of this chapter, and how or why the proposed change is consistent with the stated purposes and goals of the general plan, and for the zone classification proposed.

(b) The commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in light of the fact that, under the provisions of this division, a change in district boundaries can be made conditionally.

(Code 1980, § 20-25.6; Ord. No. 84-08, A 25, § 2506)

(a) Within 30 days following the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change in district boundaries is required to achieve the objectives of this chapter and whether the change would be consistent with the purposes and intended application of the zone classification proposed. The commission shall either approve and recommend the enactment of the proposed amendment, and where appropriate, require contractual commitment and surety bonding to satisfy specified conditions, disapprove it, or recommend an alternative zoning district more restrictive than that proposed. The recommendation for each alternative zoning district shall constitute a disapproval of the district amendment originally proposed.

(b) If the zone change or text amendment is approved by the planning commission, the commission shall transmit a report to the city council recommending that the application be granted, including a written statement of the reasons for the recommendation together with one copy of the application, resolution of the commission, all other data filed therewith, the minutes of the public hearing, and the report of the secretary to the planning commission. If the commission denies and recommends against the rezone application, the city council shall not be required to take further action unless appealed by the applicant or aggrieved party. Any aggrieved party may appeal the decision of the planning commission in accordance with section 106-134.

(Code 1980, § 20-25.7; Ord. No. 84-08, A 25, § 2507)

(a) Whenever an application is filed with the planning commission for a change in district boundaries, the planning commission or city council, in lieu of granting or denying said application, may grant to the applicant a conditional zoning exception which will permit said applicant (or his assignee) to develop or use said property in accordance with said application and the provisions of this subsection.

(b) In filing an application, the applicant may request that the application be considered as a request for a conditional zoning exception.

(c) If a change in zoning district boundaries is made conditional upon certain events taking place or conditions being fulfilled by the applicant, such events and conditions thus imposed upon the rezoning application must be made to fulfill public needs reasonably expected to result from the allowable uses and/or development of the property or to avoid circumstances adverse to the public health, safety, convenience or welfare. Such conditions shall relate to the special problems of the property if rezoned, such as vehicular or pedestrian access and traffic, grading or topography, drainage, water, sewer and other infrastructure utilities or the proposed physical developments affecting nearby properties.

(d) Before a conditional zoning exception may be approved by the planning commission or granted by the city council, the commission or council may require the applicant to submit additional information relative to his proposal in the manner required in the filing of an application for a conditional use permit and site plan review.

(e) The planning commission may approve and the city council may grant a conditional zoning exception subject to any of the conditions prescribed in division 3 or 4 of article II of this chapter.

(f) Upon being granted a conditional zoning exception by the city, the applicant shall develop his property in accordance with applicable approved plans and conditions imposed under the provisions of this subsection and within a time fixed by the city council in granting said exception, or within one year from the date of the granting of the exception where another time is not fixed by the council, or with any extension of said period that may be granted when requested by the applicant.

(g) Upon the development and use of property in accordance with the provisions of subsection (d) of this section, the district or part thereof for which the conditional zoning exception was granted shall thereupon the considered rezoned and established in accordance with the original application, or as set forth in the order made by city council at the time said zoning exception was granted.

(h) In the event the applicant (or his assignee) fails to develop and use his property in accordance with the provisions of subsection (d) of this section, the application will be deemed to be in violation of the provisions of the zoning regulations.

(Code 1980, § 20-25.9; Ord. No. 84-08, A 25, § 2509)

A change in a district boundary shall be indicated on the zone plan map with a notation of the date and number of the ordinance amending the plan.

(Code 1980, § 20-25.10; Ord. No. 84-08, A 25, § 2510)

Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

(Code 1980, § 20-25.11; Ord. No. 84-08, A 25, § 2511)