A.

Authority. Whenever the public necessity, convenience or general welfare requires, the City Council may, by ordinance amend, modify or repeal any of the regulations and provisions of this Title in the manner provided by State law and the terms of this Chapter.

B.

Initiation and Petitions. An amendment may be initiated by the City Council, either in response to a petition by one (1) or more owners of property directly affected by the amendment or upon the Council's own motion. Petitions for amendment shall be filed with the City Clerk and shall be of such form and scope as the Council shall prescribe. The petition shall include a statement by at least one (1) of the petitioning property owners that the facts and maps presented with the petition are true and correct. A fee, as established by the City Council from time to time, shall be paid upon the filing of each petition for amendment. The City Clerk shall refer the petitions to the City Council for its action at the next regular meeting thereof.

C.

Notice and Public Hearing.

1.

Upon the receipt of a sufficient and proper petition for amendment or the adoption by the Council of a resolution to amend, the City Council shall set the time and place for a first reading and public hearing regarding the amendment.

2.

The public hearing and action taken shall be conducted in accordance with Section 65801 of the Government Code as it may be amended. Any hearing may be continued from time to time.

D.

Findings and Action. Any amendment to the zoning code shall be consistent with the General Plan.

A.

Proceedings to zone certain territory to a Planned Development District may be initiated by the City Council in response to a petition joined in by all the territory covered by the petition.

B.

The provisions of this Chapter shall apply to the initiation, adoption and amendment of any Planned Development District. To the extent that any provision of this part conflicts with any other provision of this Chapter, the provision of this part shall apply.

C.

General Development Plan Requirements.

1.

The Planned Development District shall be individually designed to meet the needs of the territory so zoned. The uses and requirements of the Planned Development District shall be reflected in the general development plan which is adopted as part of the planned development zoning ordinance. The general development plan shall include, when applicable:

a.

All public and private use areas appropriately mapped, clearly identified, and shaded, including.

b.

All permitted land uses, including unit type (single-family dwelling, two-family dwelling, etc.) and size for residential uses.

c.

Landscape areas, common open space, private open space, and public open space.

d.

All public streets, private streets and driveways within the proposed PD Zone, labeled "public street". "private street", or "driveway" with total right-of-way width dimensioned.

e.

All public and private streets adjacent to the proposed Planned Development Zone, labeled "public" or "private" and showing dimension from street centerline to ultimate right-of-way edge.

f.

All public and private easements, including parking, access, utility, and pedestrian easements showing purpose and beneficiary of each easement.

2.

Zoning regulations which include and specify:

a.

Permitted, conditional and special use allowances.

b.

Development standards, including:

(1)

All setbacks;

(2)

Building heights (stories and feet);

(3)

Parking (number of spaces and ratios);

(4)

Minimum lot size and dimensions, if applicable;

(5)

Minimum density, if applicable.

(6)

Where landscaping is to serve a particular function, such as a screen or buffer, the particular function and landscape concept shall be identified. Where landscaping is proposed in the public right-of-way, the maintenance responsibility shall be specified.

(7)

Clear descriptions of any required off-site work, including street and infrastructure improvements.

(8)

Noise attenuation requirements, if any.

(9)

Environmental mitigation as required by the environmental clearance.

(10)

Any other appropriate conditions of approval.

3.

Additional graphic (i.e., mapped) information as applicable, including:

a.

The location of the closest buildings, both existing and approved, on adjacent properties.

b.

All existing structures which are to be retained.

c.

All significant existing natural features, including:

(1)

Ordinance size trees.

(2)

Creeks and waterways.

(3)

Rock outcroppings.

(4)

The location and required height of sound walls.

(5)

Topography shown, sufficient to describe terrain, including top of bank, where site is adjacent to creek or has an existing overall slope of more than two percent (2%).

(6)

Proposed grading if any cut or fill slope exceeds eighteen (18) inches.

4.

Building elevations which illustrate the intended architectural style and character and the size, shape, materials and general detaining of buildings.

5.

The Planning Department may recommend and/or the City Council may adopt conditions of approval that include alternative means of compliance for a specific project impact where each alternative adequately addresses the same specific project impact.

6.

Nothing herein shall preclude the Planning Department or the City Council from requiring any additional information to be shown on the general development plan.

7.

Any change to an adopted general development plan shall require the filing and consideration of an application in accordance with the provisions of this Chapter.

D.

City Council Action.

1.

Notice and public hearing.

a.

Upon the receipt of a sufficient and proper application for amendment or the adoption by the Council of a resolution to amend, the City Council shall set the time and place for a first reading and public hearing regarding the amendment to a planned development zoning district.

b.

The public hearing and action taken shall be conducted in accordance with Section 65801 of the Government Code as it may be amended. Any hearing may be continued from time to time.

2.

After a public hearing the City Council may:

a.

Approve the proposed zoning to the Planned Development District.

b.

Deny the proposed zoning to the Planned Development District.

c.

Adopt an ordinance changing the proposed zoning without applicant approval regardless of how substantially this may differ from the proposed zoning. Without limiting the generality of the preceding sentence, the ordinance may:

(1)

Zone all or only part of the subject territory to the Planned Development District;

(2)

Provide a base district zoning which differs substantially from the proposed base district zoning;

(3)

Include a general development plan which differs substantially from the proposed general development plan.

3.

Findings and Action. Any amendment to the zoning code or zoning map shall be consistent with the general plan.

(Ord. No. NS-215, § 3, 4-3-2018)

All territory being annexed or to be annexed to the City of Monte Sereno may, by action of the City Council, be:

A.

Pre-zoned in accordance with the procedure prescribed by State law, or

B.

Given the same zoning classification as that previously applicable to said territory under the Santa Clara County Zoning Ordinance pending re-zoning by the City Council.

C.

In the absence of action by the City Council, the zoning prescribed by Subsection B above shall automatically apply.

Without limiting the ability of the City to enforce a violation of this Title as a misdemeanor or infraction, any structure set up, erected, built, moved or maintained and/or use of property contrary to the provisions of this Title shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City Attorney shall immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such buildings or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such structure or using any property contrary to the provisions of this Chapter.