Lathrop City Zoning Code
CHAPTER 17
124 AMENDMENTS
§ 17.124.010 Purpose.
As the city general plan is carried out over the years, there will be a need for changes in district boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this code may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
(Prior code § 191.01)
§ 17.124.020 Initiation.
A.
A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section 17.124.030; provided, however, that the city may not accept an application for an amendment which is not consistent with the general plan.
B.
A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by action of the planning commission, or by action of the city council in the form of a request to the commission that it consider a proposed change, provided that in either case, the procedure prescribed in Sections 17.124.040, 17.124.080 and 17.124.110.
(Prior code § 191.01)
§ 17.124.030 Application and fee.
A.
A property owner or his or her authorized agent desiring to propose a change in the boundaries of the district in which his property is located may file an application with the planning department for a change of district boundaries on a form prescribed by the department, which shall include the following information:
1.
Name and address of the applicant;
2.
Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved;
3.
Address and description of the property.
B.
The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site, showing the location of streets and property lines, and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the county. Assessor's maps may be used for this purpose.
C.
The application shall be accompanied by a fee set by resolution of the city council, sufficient to cover the cost of processing the application as prescribed in this chapter.
D.
Amendments to this title required as the result of general plan amendments initiated by the planning commission or city council shall be processed at the expense of the city.
(Prior code § 191.01)
§ 17.124.040 Notice of public hearing.
A.
The planning commission shall hold a public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this title initiated by the city council within 45 days of the date when the application was filed or the proposal was initiated.
B.
Notice of a public hearing shall be given not less than 10 days prior to the date of the hearing by publication in at least one newspaper of general circulation within the city, which notice shall contain the date, time and place of the public hearing, the identity of the hearing body (planning commission or city council), a general explanation of the matter being considered, and a general description, either in text or by diagram, of the location of the real property, if any, which is the subject of the hearing.
C.
Notice of a public hearing for an amendment pertaining to real property shall be given not less than 10 days prior to the date of the hearing in all of the following ways:
2.
First class mailing, postage prepaid, at least 10 days prior to the hearing, a notice of the time and place of the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant;
3.
First class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners' list submitted under Section 17.124.030;
4.
First class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request therefor with the city council. Such request may be submitted at any time during the calendar year, and shall apply to the balance of such year.
(Prior code § 191.01)
§ 17.124.050 Hearing.
A.
At the public hearing, the planning commission shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the zoning code prescribed in Section 17.04.020, or why and how the proposed change is consistent with the general plan and the stated purposes and application intended for the zone classification proposed.
B.
The commission may review proposals for the use of the property for which a change in district boundaries is proposed, or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this code, a change in district boundaries cannot be made conditionally, except as provided in Section 17.124.100, and the owner of the property is bound only to comply with the regulations prescribed in this chapter.
(Prior code § 191.01)
§ 17.124.060 Investigation and report.
The planning department shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation.
(Prior code § 191.01)
§ 17.124.070 Action of the planning commission.
Within 40 days after the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change is required to achieve the objectives set forth in Section 17.04.020, whether the change is consistent with the purposes and intended application of the zoning district affected or proposed, and that the change will be consistent with applicable provisions of the general plan. The commission shall transmit a report to the city council that the application is granted or denied, or that the proposal be adopted or rejected, including a written statement of the reasons for the recommendation, together with one copy of the complete record developed by the commission.
(Prior code § 191.01)
§ 17.124.080 Action by city council.
A.
Upon receipt of the resolution and report of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to change property from one district classification to another, and the planning commission has recommended against the adoption of the amendment, the city council need not take any further action thereon unless an interested party shall request such a hearing by filing a written appeal with the city clerk within five days after the planning commission files its recommendations with the city council.
B.
Notice of the hearing shall be given in the manner provided under Section 17.124.040.
C.
Within 30 days following the close of the hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve consistency with the general plan, to achieve the objectives set forth in Section 17.04.020, and the stated purposes and application intended for the zone district classification proposed.
D.
If the council finds that the proposed change is required in its original or modified form it shall enact an ordinance amending the regulations of this title, or grant a special zoning exception as prescribed in Section 7.124.100. If the council finds that a change is not required, it shall deny the application or proposal for change.
(Prior code § 191.01)
§ 17.124.090 Relationship to environmental impact assessment and environmental impact reporting process.
An amendment to the zoning code shall be subject to the same procedures and regulations with respect to environmental assessment as are set forth for site plan review under the provisions Section 17.100.080.
(Prior code § 191.01)
§ 17.124.100 Special zoning exceptions-Alternate procedure for action of the city council.
Whenever an application is filed with the city for a change in district boundaries, the planning commission and city council, in lieu of granting or denying the application, may grant to the applicant a special zoning exception by resolution which will permit the applicant (or his or her assignee) to develop or use the property in accordance with the application and the provisions of this section.
A.
Before a special zoning exception may be granted by the planning commission, the commission may require the applicant to submit additional information relative to the application in the manner required in the filing of an application for a conditional use permit under this chapter. In any event, the provisions of Section 17.124.010 through 17.124.080 and 17.24.110 and 17.24.020 shall apply in addition to the provisions of this section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.
B.
The planning commission may grant a special zoning exception subject to any of the conditions prescribed in Section 17.100.040 and in accordance with the provisions of Section 17.112.060 through 17.112.100 and Sections 17.100.030 through 17.100.080.
C.
Upon being granted a special zoning exception by the city council, the applicant shall develop his property in accordance with approved plans and conditions imposed under the provisions of this section.
D.
Upon the development and use of property in accordance with the provision of subsection C above, the district or part thereof for which the special zoning exception was granted shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the city council made at the time the zoning exception was granted.
(Prior code § 191.01)
§ 17.124.110 Change of zone plan.
A change in a district boundary shall be indicated on the zone plan with a notation of the date and number of the ordinance amending the plan.
(Prior code § 191.01)
§ 17.124.120 New application.
Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six months of the date of denial of the application.
(Prior code § 191.01)