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Ceres City Zoning Code

CHAPTER 32

AMENDMENTS

18.32.010 - Purpose and intent.

As a general plan for the City is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. This title may be amended whenever the City Council deems that such amendment is required for the general health, safety, and welfare of the City of Ceres. Any amendment shall be enacted pursuant to the provisions in this chapter, and for the purposes of this chapter, the term "amendment" includes any measure to change zone boundaries, establish or disestablish zones, to change zone regulations, and to add, repeal or amend any other provisions of this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.020 - Procedural policy.

A.

Any amendment to the text of this title which imposes any regulation not imposed or removed or modifies any such regulation imposed shall be made according to the procedure outlined in sections 18.32.020 through 18.32.100.

B.

For any changes in the zoning map, the procedure outlined in sections 18.32.110 through 18.32.190 shall apply.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.030 - Initiation of text amendment proceedings.

A.

Application. Any person may initiate proceedings by filing an application with the Planning Division on forms provided by the City. The application shall be full and complete and shall include such data and information as may be prescribed by the Planning Commission to assist in determining the validity of the request. The applicant shall verify the application and the date of verification shall be noted on the application. Once an application has been filed, and all fees paid, the Planning Commission must fully consider and hold a public hearing on such application.

B.

City Council motion. The City Council may initiate proceedings by motion and then submit the matter to the Planning Commission for public hearings.

C.

Planning Commission motion. The Planning Commission may initiate proceedings by motion and then hold public hearings as provided in section 18.32.070, and make a recommendation.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.040 - Filing fee.

When an application for a text amendment is filed, a filing fee shall be paid in an amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.050 - Planning Division investigation.

The Planning Division shall study the proposed text amendment and shall provide information necessary to assure action consistent with the purpose and intent of this title and the adopted general plan.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.060 - Applications presence required—Text amendment.

If the application for text amendment is initiated by anyone other than the Planning Commission or City Council, the Planning Commission and City Council shall not act on the application unless the applicant or his authorized agent is present at the meeting scheduled for consideration of the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.070 - Planning Commission hearing date, notice—Text amendment.

A.

Date. The hearing date shall be set by the Director of Community Development for not less than ten nor more than 30 days after the initiating motion.

B.

Notice. Notice of the public hearing shall be published in a newspaper of general circulation in the City not less than ten days before the date set for hearing. Such notice shall contain the date, time and place of the hearing, and a general description of the text amendment proposed.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.080 - Planning Commission public hearing—Text amendment.

A.

Time limit. The Commission shall, not less than ten nor more than 30 days after the publication or the legal notice of a public hearing on an amendment, hold such public hearing.

B.

Action by Commission. At the conclusion of its review of the proposed text amendment following a public hearing, the Planning Commission shall either:

1.

Abandon further proceedings with the consent of the applicant(s) and refund one-half of the fees paid.

2.

Recommend amendment of this title by resolution of the Planning Commission endorsed by a simple majority of its total voting members.

3.

Recommend denial of the application for text amendment of this title by a simple majority of the total voting members.

C.

Filings and report. Within 30 days after the conclusion of the public hearing, the Planning Commission shall file its recommendation with the City Council, together with a report of findings, hearing and supporting data. A copy of the Planning Commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.090 - City Council hearing date, notice—Text amendment.

A.

Date. The hearing date shall be set by the City Council for such date as they, in the exercise of sound discretion, may deem to be proper for such hearing, provided that the hearing occurs not less than ten, and not more than 30 days after the publication of the legal notice of a public hearing on a text amendment.

B.

Notice. Notice of the public hearing shall be published in a newspaper of general circulation in the City not less than ten days before the date set for the hearing. Such notice shall contain the date, time and place of the hearing, and a general description of the text amendment proposed.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.100 - City Council public hearing—Text amendment.

A.

Time limit. The City Council shall, not less than ten nor more than 30 days after the publication of the legal notice of a public hearing on a text amendment, hold such a public hearing.

B.

Adoption or modification. The City Council may adopt the text amendment recommended by the Planning Commission by ordinance after holding at least one public hearing thereon.

C.

Review by Planning Commission. The Planning Commission shall review the changes proposed and referred to it by the City Council and shall report its recommendations back to the City Council. The report is to be filed with the City Council not more than 30 days after the referral by the City Council.

D.

Adverse report, City Council enactment. In the event the report back from the Planning Commission is in opposition to the proposed change, or in the event the City Council desires to enact any text change or amendment contrary to the recommendations of the Planning Commission, then any ordinance affecting such change or amendment shall be adopted by an affirmative vote of not less than a simple majority of the City Council.

E.

Notification. Notification of the City Council action shall be mailed to the applicant(s) at the address shown on the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.110 - Initiation of zone change proceedings.

An initiation of zone change proceedings may be done by one or more of the following means:

A.

Application by one or more property owners of a specific property for which an amendment is proposed.

B.

Application of a simple majority of the property owners of an area within which an amendment is proposed.

C.

Commission motion: The Planning Commission may initiate proceedings by motion, and then hold public hearings.

D.

Council motion: The City Council may initiate proceedings by motion and then submit the matter to the Planning Commission for public hearings.

E.

All applications for zone change shall be made by filing an application with the Planning Division on forms provided by the City. The application shall be full and complete and shall include such data and information as may be prescribed by the Planning Commission to assist in determining the validity of the request. The applicant shall verify the petition and the date of verification shall be noted on the petition. Once an application has been filed, and all fees paid, the Planning Commission shall be obligated to fully consider and hold a public hearing on such application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.120 - Conformance to adopted general plan.

Zone change amendments to this title shall conform to the adopted General Plan, pursuant to Government Code section 65860.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.130 - Filing fee.

When an application for a zone change is filed, a filing fee shall be paid in an amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.140 - Planning Division investigation.

The Planning Division shall investigate the facts bearing on the proposed zone change to provide information necessary to assure action consistent with the intent of this title and the adopted general plan.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.150 - Applications presence required—Zone change.

It the application for zone change is initiated by the means described in subsection 18.32.110.A or 18.32.110.B, the Planning Commission and City Council shall not act on the application unless the applicant or his authorized agent is present at the meeting(s) scheduled for consideration of the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.160 - Planning Commission hearing date, notice—Zone Change.

A.

The hearing date shall be set by the Director of Community Development for not less than ten nor more than 30 days after the initiation of zone change proceedings.

B.

Notice of public hearing shall be given in the following ways and shall contain the time and place of the hearing and a general description of the area proposed for zone change:

1.

Notice shall be published in a newspaper of general circulation in the City not less than ten days before the date set for the hearing.

2.

The notice shall be mailed or delivered at least ten days prior to the hearing to the owner of property involved in the application.

3.

The notice shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide services to the project.

4.

The notice shall be mailed or delivered at least ten days prior to the hearing to property owners within a 300-foot radius; or expand the radius from the project site if the 300-foot radius is less than 30 parcels. The radius should be expanded until 30 parcels are included but in no case shall the radius be expanded beyond 1,000 feet from the project site.

5.

The notice shall be posted on the project site at least ten days prior to the hearing.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.170 - Planning Commission public hearing—Zone change.

A.

Time limit. The Planning Commission shall, not less than ten nor more than 30 days after the publication of the legal notice of a public hearing on a zone change, hold such hearing.

B.

Action by Planning Commission. At the conclusion of its review of the proposed zone change following a public hearing, the Planning Commission shall either:

1.

Abandon further proceedings with the consent of the applicant(s) and refund one-half of the fees paid.

2.

Recommend the zone change by resolution of the Planning Commission endorsed by at least a simple majority of the total voting members.

3.

Recommend denial of the application for zone change by a simple majority of the total voting members.

C.

Filing and report. Within 30 days after the conclusion of the public hearing, the Planning Commission shall file its recommendation with the City Council, together with a report of findings, hearings and supporting data. A copy of the Planning Commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.180 - City Council hearing date, notice—Zone change.

A.

Date. The hearing date shall be set by the City Council for such date as they, in the exercise of sound discretion, may deem to be proper for such hearing, provided that the hearing occurs not less than ten, and not more than 30 days after the publication of the legal notice of a public hearing on a text amendment.

B.

Notice. Notice of public hearing shall be given in the following ways and shall contain the time and place of the hearing and other pertinent data presented in the application, and shall include a map showing the location of the property:

1.

Notice shall be published in a newspaper of general circulation in the City not less than ten days before the date set for the hearing.

2.

The notice shall be mailed or delivered at least ten days prior to the hearing to the owner of property involved in the application.

3.

The notice shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide services to the project.

4.

The notice shall be mailed or delivered at least ten days prior to the hearing to property owners within a 300-foot radius; or expand the radius from the project site if the 300-foot radius is less than 30 parcels. The radius should be expanded until 30 parcels are included but in no case shall the radius be expanded beyond 1,000 feet from the project site.

5.

The notice shall be posted on the project site at least ten days prior to the hearing.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.32.190 - City Council public hearing—Zone change.

A.

Time limit. The City Council shall, not less than ten nor more than 30 days after the publication of the legal notice of a public hearing, hold such a hearing.

B.

Adoption or modification. The City Council may adopt by ordinance the zone change recommended by the Planning Commission after holding at least one public hearing thereon. Government Code section 65354.5.

C.

Review by Planning Commission. The Planning Commission shall review the changes proposed and referred to it by the City Council and shall report its recommendations back to the City Council. The report is to be filed with the City Council not more than 40 days after the referral by the City Council.

D.

Adverse report, City Council enactment. In the event that the report back from the Planning Commission is adverse or opposed to the proposed change, or in the event that the City Council desires to enact any zone change or amendment contrary to this recommendation of the Planning Commission, then a resolution affecting such change or amendment shall be adopted by an affirmative vote of not less than a simple majority of the total voting members of the City Council.

E.

Notification. Notification of the City Council action shall be mailed to the applicant(s) at the address shown on the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)