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Oakley City Zoning Code

13-8 Amendments

To This Title And Zone District Map

13-8-1 Authority

The City Council may from time to time amend, supplement or repeal the provisions and regulations of this Title and the zone district map of Oakley City. No change to the text of this Title which affects a portion, or all of the real property regulated by this Title and no rezoning of a specific parcel of real property by a change in zoning classification resulting in a change to the zone district map shall be valid unless approved by the City Council pursuant to the provisions set forth herein, except that an application for amending an approved MPD plan shall be processed pursuant to the provisions of chapter 5 of this Title.

13-8-2 Initiation Of Amendments

Any amendment to the text of this Title or the zone district map may be initiated in the following ways:

  1. By a motion of the City Council;
  2. Upon the request of the Planning Commission;
  3. By the City Planner; or
  4. Upon the request of the individual having deed title of real property within the area to be rezoned.


13-8-3 Amendment Procedures

  1. Amendment to Text of Code: Whenever there is initiated an amendment to the text of this Title, such amendment shall be accomplished in the following manner:
    1. A copy of the proposed amendment shall be delivered to the Planning Commission for its review and recommendation. Prior to making a recommendation, the Planning Commission shall hold a public hearing regarding the proposed amendment.
    2. The Planning Commission's recommendation shall be delivered to the City Council. The City Council shall hold a public hearing on the proposed amendment. Following the public hearing, the City Council shall either approve or deny the amendment.
  2. Amendment to Zone District Map (Rezoning):
    1. If the applicant is a private landowner:
      1. An application for an amendment to the zone district map shall be submitted to the City Planner or designated planning staff member. The City Council may permit the rezoning of the property only after it has determined that said rezoning is generally consistent with the goals and objectives of the general plan, all other criteria and considerations described in this Title, and said action is necessary to promote the public health, safety and welfare of the residents of Oakley City.
      2. The application must be authorized by each owner of the real property that is located within the area to be rezoned or a duly authorized representative of each owner.
      3. Approval of an amendment to the zone district map shall not be granted until both the Planning Commission and City Council have reviewed the specific development proposal, have each held a public hearing, and determined:
        1. The amendment is generally consistent with the goals of the General Plan;
        2. The amendment is compatible with adjacent land uses and will not be overly burdensome on the local community;
        3. The specific development plan is in compliance with all applicable standards and criteria for approval as described in chapter 5 of this Title; and
        4. The amendment does not adversely affect the public health, safety and general welfare.
      4. All rezoning approvals will require that the proposed project be processed as a Master Planned Development (MPD).
    2. The City Council may initiate the action on its own motion or upon request of the Planning Commission or City Council.
      1. When the amendment is proposed by the City Council, the application shall contain the following:
        1. An accurate survey map or other sufficient legal descriptions.
        2. The names and addresses of all owners of real property within the area to be rezoned, or if on a large scale, clearly identifiable property lines followed upon the map.
        3. The proposed nature of the amendment.
      2. The Planning Commission shall review the proposed amendment. The Planning Commission must find that the proposed amendment is consistent with the requirements in subsection B1c of this section. Prior to making a recommendation, the Planning Commission shall hold a public hearing regarding the proposed amendment.
      3. The Planning Commission's recommendation shall be delivered to the City Council. The City Council shall hold a public hearing regarding the proposed amendment. Following the public hearing, the City Council shall either approve or deny the amendment. In order to approve the amendment, the City Council must find that the proposed amendment is consistent with the requirements in subsection B1c of this section.
  3. Amendments by Ordinance: All amendments to the text of this Title and to the zone district map shall be authorized by ordinance, in the manner prescribed by state law.