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Daly City City Zoning Code

CHAPTER 17

48 - AMENDMENTS

17.48.010 - Changes in boundaries.

Changes in the boundaries of districts shall be made by ordinance in accordance with the provisions of this chapter. Immediately after the effective date of such ordinance, the city planner shall cause the zoning map to show such change. Failure of the city planner to make such change shall not invalidate the change of boundary.

(Ord. 635 § 5, 1965)

17.48.020 - General provisions.

This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment.

(Ord. 635 § 23.1, 1965)

17.48.030 - Procedure for amendment.

An amendment may be initiated by one of the following:

A.

Resolution of intention of the city council;

B.

Resolution of intention of the planning commission;

C.

Amendment application by a property owner. Said application shall be made on a prescribed form and shall be accompanied by all of the following:

1.

Nonrefundable filing fee, to be established by resolution of the city council,

2.

Three copies of a site or elevation plan (at least eight and one-half by eleven inches) showing the proposed development for the property,

3.

Title report or acceptable evidence showing ownership of land. Such evidence of ownership shall be submitted by the record owner of property or by a purchaser under a contract in writing duly executed and acknowledged by both the buyer and the seller, by a lessee in possession of said property with the written consent of the owner of record of the legal title or by the agent of any of the foregoing, duly authorized in writing.

(Ord. 880 § 5, 1978: Ord. 635 § 23.2, 1965)

17.48.040 - Public hearing by planning commission.

The planning commission shall hold one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general circulation published within the city at least ten days prior to such hearing. Such notice shall contain a general description of the property involved in the proposed amendment, the time and place of the public hearing and any other information which the planning commission may deem necessary.

(Ord. 635 § 23.3, 1965)

17.48.050 - Report to the city council.

Upon completion of the public hearing, the planning commission shall make its report to the city council in the manner and form required by the applicable provisions of the Government Code of the state of California. The planning commission shall file its report with the city council within ninety days from the original date of hearing. Failure of the planning commission to make its report within ninety days shall be deemed to be an approval of the proposed amendment by the planning commission.

(Ord. 635 § 23.4, 1965)

17.48.060 - Action by the city council.

A.

Upon receipt of such report from the planning commission or upon the expiration of ninety days as aforesaid, the city council shall set the matter for public hearing as provided by the law. Upon completion of the public hearing, the city council may adopt or reject in its entirety the amendment approved by the planning commission. In the event the city council determines to make any change in the amendment proposed by the planning commission, such proposed change shall first be referred to the planning commission for a report. Failure of the planning commission to report within forty days after such referral or within such time as may be designated by the city council shall constitute approval by the planning commission of the proposed change.

B.

All amendments concerning lands within the coastal zone, after approval by the city council, shall become effective only upon certification approval by the California Coastal Commission.

(Ord. 1006 § 13, 1983; Ord. 635 § 23.5, 1965)

17.48.070 - Failure of city council to act.

Despite any provision in this title, failure of the city council to act upon any application for an amendment shall not under any circumstances constitute an approval of such application.

(Ord. 635 § 23.6, 1965)