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Millbrae City Zoning Code

ARTICLE XXVIII

Amendments 1

§ 10.05.2800 General.

Except as otherwise provided in this article, any amendment to this chapter shall be initiated and adopted as other provisions of this code are amended or adopted.
(Formerly 10.05.1560; 1966 Code § 8800; 1976 Code § 10-1.1201; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2810 Rezonings.

Any amendment to this chapter which changes any property from one zoning district to another, imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation shall be initiated and adopted by ordinance as hereinafter set forth in this article.
(Formerly 10.05.1570; 1966 Code § 8801; 1976 Code § 10-1.1202; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2820 Initiation.

A. 
Any amendment of the nature specified in MMC § 10.05.2810 may be initiated by:
1. 
The filing with the planning commission of a resolution of intention of the city council;
2. 
Adoption of a resolution of intention by the planning commission; or
3. 
Filing with the planning commission a petition of one or more record owners of property (or their authorized agent) which is the subject of the proposed amendment.
B. 
Where such petition is filed by an agent, it shall be accompanied by a copy of the instrument signed by an owner and designating the agent. A petition for amendment shall be on a form designated by the community development department and shall be accompanied by a fee, as set by the city council.
(Formerly 10.05.1580; 1966 Code § 8802; 1976 Code § 10-1.1203; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2830 Public hearing.

Upon receipt of a petition or resolution of intention of amendment, the planning commission shall set a date for a public hearing thereon, but not later than forty-five days after the receipt of said petition or resolution.
(Formerly 10.05.1590; 1966 Code § 8803; 1976 Code § 10-1.1204; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2840 Notice of hearing.

The public hearing shall be noticed in the time and manner as provided in Article XXIX of this chapter. The city council, at its discretion, may cause additional notice of any public hearing to be given by postcard through the United States mail with postage prepaid and using addresses from the most recently adopted county tax roll.
(Formerly 10.05.1600; 1966 Code § 8804; 1976 Code § 10-1.1205; Amended by Ord. 504 § 3; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2850 Form of notice.

Each posted notice of any rezoning pursuant to MMC § 10.05.2810 shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the existing and proposed zoning district designations, the time and place of the public hearing thereon, and such other information as the planning commission deems necessary.
(Formerly 10.05.1610; 1966 Code § 8805; 1976 Code § 10-1.1206; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2860 Planning commission action.

After the close of the public hearing, or continuation thereof, the planning commission shall make a report of its findings and its recommendation with respect to the proposed amendment. The report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the city council or the petitioner for such amendment.
(Formerly 10.05.1630; 1966 Code § 8815; 1976 Code § 10-1.1208; Ord. 231; Ord. 726 § 2 (Att. A))

§ 10.05.2870 City council action.

Upon receipt of the recommendation of the planning commission, the city council shall set the matter for public hearing to be held within but not later than forty-five days of receipt of the planning commission recommendation, notice thereof to be given in the time and manner provided in Article XXIX of this chapter. After the conclusion of such hearing or continuations thereof, the city council may, within one year, adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable.
(Formerly 10.05.1640; 1966 Code § 8816; 1976 Code § 10-1.1209; Ord. 231; Ord. 726 § 2 (Att. A))