Chapter 20.120 — ZONING CHANGES AND AMENDMENTS

A.

The city council, on its own motion, may initiate, prepare, and adopt ordinances zoning or rezoning any property, or otherwise amending, supplementing, adding to, repealing, or changing any of the regulations or provisions of this title.

B.

The council shall refer the ordinance to the planning commission for its report or recommendations. The planning commission shall hold a public hearing pursuant to Section 20.120.040.

C.

Upon receipt of the report or recommendations from the planning commission, the council shall hold a public hearing pursuant to Section 20.120.050.

(Ord. 26248.)

A.

Owners of land, acting in person or through authorized agents, may petition for the zoning or rezoning of:

Their land; or

Their land plus land owned by others, if the petition is signed by owners, or authorized agents of owners, of

a.

Not less than fifty percent of the total area of all the land proposed to be zoned or rezoned; or

b.

Property constituting not less than fifty percent of the total frontage of all the land proposed to be zoned or rezoned.

B.

All land subject to the petition shall be contiguous. Land subject to the petition may be separated by a public street.

C.

All petitions shall be filed with the director in a form prescribed by the director and shall be accompanied by the fees set forth in the schedule of fees adopted by resolution of the city council.

D.

Upon finding the petition complete, the director shall review the petition and shall set a public hearing before the planning commission on the petition. The planning commission shall hold a public hearing pursuant to Section 20.120.040.

E.

Upon receipt of the report or recommendations from the planning commission, the council shall hold a public hearing pursuant to Section 20.120.050.

(Ord. 26248.)

A.

The director may initiate and prepare ordinances zoning or rezoning property, amending, supplementing, adding to, repealing, or changing any of the regulations or provisions of this title.

B.

The director shall refer the ordinance to the planning commission for its report or recommendations. The planning commission shall hold a public hearing pursuant to Section 20.120.040.

C.

Upon receipt of the report or recommendations from the planning commission, the council shall hold a public hearing pursuant to Section 20.120.050.

D.

During the proceedings to adopt an ordinance zoning or rezoning property, amending, supplementing, adding to, repealing, or changing any of the regulations or provisions of this chapter, the council may make such changes, deletion, additions, or modifications to such ordinance as the council may deem appropriate. The council may adopt any changes, deletions, additions, or modifications thereto as the council deems appropriate.

E.

For purposes of this section the executive director of the San José redevelopment agency may initiate ordinances zoning or rezoning property within any redevelopment area. Once the executive director has initiated the zoning or rezoning, it shall be processed by the director of planning, building and code enforcement pursuant to Subsections B through D of this section.

(Ord. 26248.)

A.

Whenever the planning commission is required to hold a public hearing, notice of the public hearing shall be given pursuant to Section 20.120.060.

B.

If the planning commission fails to hold or complete a public hearing within sixty days after the date noticed for the public hearing, the council may deem said failure to constitute a recommendation by the commission that the proposed ordinance be not adopted, and may then proceed to adopt the ordinance notwithstanding the failure of the commission to hold or complete the public hearing or submit its report or recommendations to the council.

C.

Upon completion of the public hearing, the planning commission shall submit its report or recommendations to the council.

(Ord. 26248.)

A.

Whenever the council is required to hold a public hearing, notice of the public hearing shall be given pursuant to Section 20.120.060.

B.

During the proceedings to adopt an ordinance amending, supplementing, adding to, repealing, or changing any of the regulations or provisions of this chapter, the council may make such changes, deletion, additions, or modifications to such ordinance as the council may deem appropriate. The council may adopt the ordinance, including any changes, deletions, additions, or modifications the council deems appropriate.

C.

Failure of the council to deny or to adopt an ordinance zoning or rezoning property, within sixty days from and after the close of its public hearing, shall be deemed to be a denial of the proposed ordinance zoning or rezoning property.

(Ord. 26248.)

Whenever the planning commission or the city council is required by the provisions of this chapter to hold any public hearing on any proposed ordinance, notice of the time, place, and purpose of such hearing shall be published at least once in a newspaper of general circulation published in the city, no later than ten days immediately preceding the date of the hearing. The city clerk shall cause such notices to be published.

(Ord. 26248.)

A.

When notice of a public hearing has been given pursuant to Section 20.120.060, no petition which has been filed pursuant to Section 20.120.020 requesting the zoning or rezoning of any property may be withdrawn except with the consent of the decision maker at the public hearing.

B.

If any petition for zoning or rezoning filed pursuant to Section 20.120.020 experiences a period of inactivity for at least twelve consecutive months, the director may thereafter deem such petition withdrawn without scheduling that petition for a public hearing. The director shall provide a courtesy notice to the property owner(s) who petitioned for the zoning or rezoning at the last known address for the property owner(s) on record with the director of the director's intention to deem the petition withdrawn pursuant to the provisions of this section at least thirty days prior to deeming such petition withdrawn, and the notice shall specify the date that the petition is to be deemed withdrawn.

C.

For purposes of this section "inactivity" on a petition means that the director has requested from the property owner(s) or has provided the property owner(s) with notice of additional information, materials and/or fees needed by the director from the property owner(s) to continue to process the zoning or rezoning petition and the property owner(s) has(have) failed to respond to that request or notice.

(Ords. 26248, 28511.)

If petition, filed pursuant to Section 20.120.020, is denied by the city council, no new petition requesting the same zoning or rezoning for the same property, or any part thereof, shall be filed within one (1) year from and after the date of such disapproval or denial.

(Ord. 26248.)