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Orinda City Zoning Code

CHAPTER 17

48 - AMENDMENTS TO ZONING MAP AND REGULATIONS

Sections:


17.48.1 - Amendments.

This title may be amended by changing the zoning map or the zoning regulations.

(Ord. 99-5 § 2 Exh. A (part))

17.48.2 - Initiation of amendments to zoning regulations and text.

An amendment to the text of the zoning regulations or the zoning map may be initiated by a majority vote of the City Council or the Planning Commission, by the Planning Director, or by application of a property owner.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

17.48.3 - Recommendation by Planning Commission.

Review by the Planning Commission is required. Following a public hearing by the Planning Commission, noticed in conformance with the requirements in Chapter 17.42, the Commission shall make specific written findings in its recommendation, including reasons for its recommendation and a determination whether the proposed zoning text amendment regulation or zoning map amendment is consistent with the policies of the general plan and the purposes of this title. The Commission shall recommend approval, conditional approval or disapproval of the proposal as submitted or in modified form to the City Council.

(Ord. 99-5 § 2 Exh. A (part))

17.48.4 - Result of Planning Commission denial.

Consistent with the provisions of Government Code Section 65855, a Planning Commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment terminates amendment proceedings, unless appealed.

(Ord. 99-5 § 2 Exh. A (part))

17.48.5 - City Council decision.

The City Council shall consider the recommendation of Planning Commission at a public hearing noticed in accordance with the provisions of Chapter 17.42 of this title. The City Council shall, after the public hearings, approve, modify or reject the proposed amendment. If the City Council proposes to substantially modify the proposal and the substantial modification was not previously considered by the Commission, the City Council shall refer it to the Commission for a report before adoption of an ordinance amending the zoning regulations or map. If the Planning Commission fails to report within forty (40) days after referral or such longer period as the City Council designates, this failure is considered a vote for approval of the modification by the Commission. Before adoption of an ordinance, the City Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan and the notice and hearing provisions of this title.

(Ord. 99-5 § 2 Exh. A (part))

17.48.6 - Revisions of proposed amendments.

At or after a public hearing, the Planning Commission or the City Council may determine that the public interest would be served by:

A.

Revising the boundaries of an area proposed for a zoning map amendment;

B.

Considering a zoning map designation not originally presented in a motion, application or Commission recommendation;

C.

Considering a zoning regulation amendment not originally presented in a motion, petition or Commission recommendation.

(Ord. 99-5 § 2 Exh. A (part))