Chapter 17.60 — PREZONING

Initiation of prezoning for the proposed annexation may be taken up in the manner prescribed by state law and Title 18 of this code by the applicant for the annexation. Every annexation application shall include an application for prezoning.

(Ord. 434 § 813-3(a), 1980)

The application form and fee shall be the same as for a rezoning application. In addition to the application, a list of all property owners within three hundred feet of the subject property boundary shall be provided to the city. The latest equalized tax rolls of the county assessor will be used for the property owners list.

(Ord. 434 § 813-3(b), 1980)

The environmental documents for the annexation will be adequate to address the possible impacts of the prezoning application. The completed draft environmental impact report or other environmental document must be on file prior to the certification of completion on the prezoning application. The final environmental documents must be approved by the city council prior to city council decision on the prezoning and annexation proposal.

(Ord. 434 § 813-3(c), 1980)

A.

Upon the planning director's certification of the prezoning application, a public hearing date will be established by the planning commission and public notice made as per the requirements of state law. Prior to the public hearing, the planning department shall make an investigation of the application and prepare a report to the planning commission. The applicant will be mailed a copy of the report such that it should be received three days prior to the hearing.

B.

At the hearing, the planning commission shall review the prezoning application and receive pertinent evidence as to the proposal's consistency with Title 18 of this code and the general plan or amendment proposal. A prezoning cannot be made conditionally.

(Ord. 434 § 813-3(d), 1980)

The planning commission shall make a specific finding as to whether the prezoning is required to achieve consistency with the general plan or amendment thereto. If the commission approves the prezoning application, then the commission shall transmit a report to the city council recommending the application be granted, together with one copy of the application, resolution of the commission, the scale drawing of the site and surrounding area and all other data filed therewith, the minutes of the public hearing, the report of the planning director and the findings of the commission. The commission may deny an application or reject a proposal for a prezoning. Whenever the commission denies an application, it shall specify the reason for its action.

(Ord. 434 § 813-3(e), 1980)

17.60.060 - City council hearing and action.

Upon receipt of the planning commission report, recommending approval of the prezoning, the city council shall set the matter for public hearing and shall give notice thereof as required by law. After conclusion of the hearing, the city council may adopt or reject the prezoning request. The city council may also return the request back to the planning commission for further study and new reports before adoption by the council.

(Ord. 434 § 813-3(f), 1980)

In the event the planning commission makes a recommendation against the prezoning, the city council is not required to take any further action unless an interested party requests such a hearing by filing a written appeal with the city within ten days after the planning commission files its recommendations with the city council.

(Ord. 434 § 813-3(g), 1980)

Chapter 17.64 - REVIEW AND APPROVAL