The provisions of this code shall be amended, including, but not limited to, the reclassification of specific properties to different zones (see Exhibit 17.76.010), whenever the public interest, convenience and necessity require.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274)

EXHIBIT 17.76.010

ZONE CHANGE PROCESS
CITY OF MONTEBELLO

Amendments of the provisions of this code, or the reclassification of specific properties from one zone to another, shall be initiated only in one of the following ways:

A.

By motion of the city council; or

B.

By motion of the planning commission; or

C.

With reference to the reclassification of specific real property, by the owner or an authorized agent, or by the plaintiff in an action of eminent domain with regard to such property.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.1)

Application for a zone change shall be made on a form provided by the city and shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.2)

The city planner shall set the request for a zone change for a public hearing before the planning commission in accordance with the provisions of Chapter 17.78 of this code, Public Hearings, Notices and Appeals.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.3)

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another, where it finds that such conditions must be imposed so that the reclassification shall not create problems harmful to the public health, safety and general welfare.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.8)

The commission shall conduct a noticed public hearing on each proposed amendment and zone change. The city planner shall give notice of the hearing.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.4)

A.

After conducting a hearing on any proposed amendment, the commission, based upon its decision as to whether the public interest, convenience and necessity so requires, shall take one of the following courses of action:

1.

Recommend to the city council that the requested amendment be granted; or

2.

Recommend to the city council that the requested amendment be granted in part, or as modified by the commission; or

3.

Deny the requested amendment.

B.

The commission's action shall be by resolution. Where the commission's action is to deny the requested amendment, such decision shall be final and conclusive in the absence of an appeal. Where the commission's recommendation is made pursuant to subsection A (1) or (2) of this section, the entire matter requested or initiated shall be considered by the council.

C.

Appeal. The decision of the commission, in the case of a denial of a proposed amendment or classification of zone, shall be final in the absence of an appeal filed within twenty days after the hearing at which the application was desired.

(Ord. 2027 § 6 (a) (part), 1990; prior code §§ 9274.5 and 9274.6)

In the case of an appeal from a decision of the commission, or upon receipt by the city clerk of a commission recommendation relating to an amendment, the clerk shall give the same type of notice of hearing before the council, as is required for hearings before the planning commission. The council shall conduct a new hearing upon such matter, and shall determine whether an amendment is required, in whole or in part, by the public interest, convenience and necessity.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.7)