Woodside Municipal Code § 153.963 Public hearings

Whenever the public convenience or general welfare require, the Council, by ordinance, after considering a report by the Planning Commission and subject to the procedures provided in this subchapter, may amend, supplement, or change the regulations, district boundaries, or classifications of property now or hereafter established. An amendment, supplement, reclassification, or change may be initiated by a resolution of intention by the Planning Commission, the Council, or interested property owners or their agents.

(1975 Code, § 9-2.1301) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) Applications for changes in zoning district boundaries or for reclassifications of property, as shown on the zoning map, shall be filed with the Planning Director upon forms prescribed for such purpose.

(B) Such applications for amendments shall be accompanied by the maps, drawings, and data necessary to demonstrate that the proposed amendment is in general conformance with the General Plan and that the public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description and map of the land, specifying structures and buildings, shall be submitted with the application. The maps shall include the following information:

(1) Each lot or parcel of land, any part of which is closer than 300 feet from any part of the property proposed to be rezoned;

(2) The full names and addresses of the record owners of each parcel described in division (B)(1) of this section;

(3) The existing roads shown on an officially adopted plan of the Town;

(4) The existing zoning of all land within 1,000 feet of the property proposed to be rezoned; and,

(5) Contours in the range of a ten-foot interval to a one foot interval to produce a contour at least every 50 feet.

(C) Each application shall be verified by at least one of the interested property owners or such owner's authorized agent. Such verification shall attest to the truth and correctness of all the facts and information presented with the application. The application shall be accompanied by the required fee.

(1975 Code, § 9-2.1302) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Upon filing an application for an amendment, or the adoption of a resolution of intention to amend initiated by the Planning Commission or Council, the matter shall be set for a hearing by the Planning Commission. Notice of the time, place, and purpose of such hearing shall be given by the secretary of the Planning Commission as follows:

(A) When the hearing involves amending, supplementing, or changing the text of this chapter, by publication pursuant to the provisions of the Cal. Gov't Code not less than ten days prior to the date of the hearing; and

(B) When the hearing involves a proposed change of a zoning district boundary or a proposed reclassification of property, the notice shall be given as follows:

(1) By publication of the notice as provided in division (A) of this section; and

(2) By mailing the notice to the owners of all property within the area proposed for reclassification and to the owners of all property within 300 feet of such area not less than ten days prior to the date of the public hearing. For this purpose notice shall be given to the last-known names of such owners as shown upon the records of the County Assessor. Where all property within the 300 foot radius is under the same ownership as the property proposed for reclassification, the owners of all property facing directly across a road or adjoining that property which is owned by the applicant shall also be notified in the same manner. Failure to send notice by mail to any property owner where the address of the owner is not a matter of public record shall not invalidate any proceeding in connection with any amendment.

(1975 Code, § 9-2.1303) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

If, from the facts presented, the Planning Commission finds at the hearing that the public convenience or general welfare require the proposed amendment or reclassification, the Planning Commission, by a vote of two-thirds of its total voting members, shall so resolve and thereby recommend the amendment. Otherwise the Planning Commission shall disapprove the application for the amendment or reclassification. The Planning Commission shall make its findings and determination within 90 days after the date of the filing and certification of the completeness of any application and shall transmit a copy of its decision to the applicant. If approved, the application, together with the resolution and findings of the Planning Commission, shall be presented to the Council which shall hold a public hearing and may approve the change by a majority vote of all members present if there is a quorum. If disapproved, the action of the Planning Commission shall be final, and no hearing before the Council shall be required, unless an appeal shall be taken to the Council.

(1975 Code, § 9-2.1304) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Following the denial of an application for a change of zone or an amendment to district boundaries, no application for the same or substantially similar change shall be filed within one year after the date of denial, unless the denial is made without prejudice.

(1975 Code, § 9-2.1305) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)