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Portola Valley City Zoning Code

CHAPTER 18

74 - AMENDMENTS AND RECLASSIFICATIONS

18.74.010 - Authorization by council—Procedures.

Amendments, including use reclassification, may be authorized by the council upon recommendation of the planning commission. The procedures and requirements set forth in this chapter and Chapter 18.76 shall govern all actions on amendments.

(Ord. 1967-80 § 1 (6937), 1967)

18.74.020 - Purposes.

This title may be amended by changing the boundaries of districts, the classification of land, or any other provisions hereof whenever the public necessity, convenience or general welfare requires such amendment. Amendments may be initiated by:

A.

Resolution of intention of the council;

B.

Resolution of intention of the planning commission;

C.

Application of landowners or their duly authorized representatives for amendments to this title involving the classification of their land;

D.

Application of a plaintiff in an action in eminent domain for amendments to this title involving the classification of the land to be acquired by the plaintiff in an action in eminent domain;

E.

Application of any interested person for an amendment involving the classification of any use not listed in this title or to change the classification of any listed use where it is alleged that changes in processes, procedures, or methods of operation or serving the public warrant such change.

(Ord. 1967-80 § 1 (6937.1), 1967)

18.74.030 - Application—Filing.

Application for an amendment shall be filed with the secretary of the planning commission by the applicant. The applicant shall submit all required data in accordance with Sections 18.34.080 and 18.74.040.

(Ord. 1967-80 § 1 (6937.2), 1967)

18.74.040 - Application—Accompanying information.

A. Reclassification of Land. An application for an amendment for any change of district boundaries or reclassification of any land shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description and a map of the land and any existing buildings shall be submitted with the application.

B.

Change of Classification of a Listed Use. An application for change of classification of a listed use shall be accompanied by information showing wherein there has been a change in process, equipment or procedures employed, or in other methods of operation or ways of serving the public, which warrants or requires the change in classification applied for, including information on such items listed in subsection C of this section as apply to the use under consideration.

C.

Additional Information. Such of the information outlined below as may apply to the particular use under consideration shall accompany applications for classification or reclassification of uses:

1.

Number of residents, employees, patrons, or visitors in relation to the size of the parcel;

2.

Probable amount and type of traffic to be generated by the use;

3.

Probable production and emission of dust, smoke, odor, vibration, electrical disturbance, radiation, resulting from the use, or other potentially dangerous or objectionable elements;

4.

Type and volume of materials to be handled in relation to site area.

(Ord. 1967-80 § 1 (6937.3), 1967)

18.74.045 - California Environmental Quality Act—Required data.

If after review of the application the town staff determines that an initial study and/or an environmental impact statement is/are required pursuant to the California Environmental Quality Act and the town's local guidelines, the applicant shall furnish such data as required by the town.

(Ord. 1988-229 § 2 (part), 1988)

18.74.050 - Applications not within scope of required procedure.

Section 18.34.090 shall govern.

(Ord. 1967-80 § 1 (6937.4), 1967)

18.74.060 - Application—Filing fees.

When the application for an amendment is filed, a fee established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6937.5), 1967)

18.74.070 - Investigation.

Section 18.34.100 shall govern for the secretary of the planning commission.

(Ord. 1967-80 § 1 (6937.6), 1967)

18.74.080 - Planning commission—Public hearing.

Sections 18.34.120 and Chapter 18.76 shall govern.

(Ord. 1967-80 § 1 (6937.7), 1967)

18.74.090 - Planning commission—Findings—Recommendations.

All actions of the planning commission related to the findings and recommendations shall be taken in accordance with the requirements of Section 18.76.080. If, from the facts presented at the hearing, the planning commission finds that the proposed amendment is in general conformance with the general plan and that public necessity, convenience and general welfare require the proposed amendment or any part thereof, the planning commission shall recommend such change and otherwise it shall disapprove same. If disapproved, the action of the planning commission shall be final, except that the matter may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6937.8), 1967)

18.74.100 - Notice of decision.

Section 18.76.090 shall govern.

(Ord. 1967-80 § 1 (6937.9), 1967)

18.74.110 - Record of public hearing.

Section 18.76.100 shall govern.

(Ord. 1967-80 § 1 (6937.10), 1967)

18.74.120 - Transmittal of records to legislative body.

Section 18.76.110 shall govern.

(Ord. 1967-80 § 1 (6937.11), 1967)

18.74.130 - Council public hearing.

Sections 18.34.130 and Chapter 18.76 shall govern.

(Ord. 1967-80 § 1 (6937.12), 1967)

18.74.140 - Council decision.

Section 18.76.120 shall govern.

(Ord. 1967-80 § 1 (6937.13), 1967)

18.74.150 - Notice of decision.

Section 18.76.130 shall govern.

(Ord. 1967-80 § 1 (6937.14), 1967)

18.74.160 - Record of council public hearing.

Section 18.76.140 shall govern.

(Ord. 1967-80 § 1 (6937.15), 1967)

18.74.170 - Transmittal of records to planning commission.

Section 18.76.150 shall govern.

(Ord. 1967-80 § 1 (6937.16), 1967)

18.74.180 - Effective date of amendment.

The amendment shall become effective thirty days following the date on which the ordinance was adopted by the council.

(Ord. 1967-80 § 1 (6937.17), 1967)

18.74.190 - Records procedures.

Adequate map and regulation records shall be maintained currently within the appropriate offices to show all amendments.

(Ord. 1967-80 § 1 (6937.18), 1967)

18.74.200 - New application.

Following the denial of an application for an amendment for reclassification of land or use, no application for the same or substantially the same change shall be filed within one year of the date of the denial of the application.

(Ord. 1967-80 § 1 (6937.19), 1967)

18.74.210 - Appeal of planning commission action.

Section 18.78.040 shall govern.

(Ord. 1967-80 § 1 (6937.20), 1967)