82 - AMENDMENTS
Sections:
This title may be amended by changing the boundaries of zones as shown on the official zoning maps or by changing the text of this title whenever the public necessity, convenience, or general welfare requires such amendment. Except as provided in Section 65853 of the Government Code, an amendment of this title may be initiated and adopted as other ordinances are initiated and adopted.
(Ord. 336 § 2.03.000, 1977).
An amendment may be initiated by:
A.
The petition of one or more owners of property affected by the proposed amendment as provided by this chapter;
B.
Resolution of intention adopted by the council, or resolution of intention adopted by the planning commission.
(Ord. 336 § 2.03.010, 1977).
The planning director shall prescribe the forms and documents to be filed to change property from one zone to another. The forms and documents shall be filed with the planning director and shall be accompanied by the following:
A.
The legal description and street address of the subject property;
B.
A map drawn to scale showing the specific property proposed for reclassification and also showing all other parcels having one or more boundaries within a three-hundred-foot radius of the exterior boundaries of the property proposed for reclassification. The assessor's parcel number shall be noted on each parcel;
C.
The names and mailing addresses of the property owners for the properties shown on the map as listed on the last equalized assessment roll for the county;
D.
An environmental questionnaire;
E.
Certificate of the owner or his designated representative requesting the change in zoning;
F.
A fee as specified by resolution of the council;
G.
The existing land use for the property shown on the map and the proposed use of the land for which the reclassification is requested;
H.
Such additional information as the planning director may require.
(Ord. 336 § 2.03.020, 1977).
Noticing shall be consistent with the requirements of [Section] 17.02.080.
(Ord. 336 § 2.03.030, 1977).
(Ord. No. 1061, § 7, 12-13-2016; Ord. No. 1072, § 8, 6-13-2017)
Editor's note— Ord. No. 1061, § 7, adopted Dec. 13, 2016, changed the title of § 17.82.040 from "Planning commission—Hearing—Notice" to read as herein set out.
The planning commission may abandon any proceeding which the commission has initiated.
(Ord. 336 § 2.03.040, 1977).
After the commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the council in the manner provided by Section 65855 of the Government Code. Such report shall be transmitted to the council by memorandum. The commission may recommend an intermediate zone classification as provided in Section 17.82.110.
(Ord. 336 § 2.03.050, 1977).
Upon receipt of the recommendation of the planning commission, the council shall act thereon as provided by Section 65856 of the Government Code. If the issue is an amendment to this title to change property from one zone to another, and the planning commission has recommended against the adoption of the amendment, the council shall not take any further action thereon unless an interested party requests such a public hearing by filing a written request with the planning director within ten days after the public hearing at which the planning commission made its recommendation, or within five days after the planning commission files its recommendation with the council, whichever date is last to occur.
(Ord. 336 § 2.03.060, 1977).
The council may approve, modify or disapprove the recommendation of the planning commission, as provided by Section 65857 of the Government Code. The council shall not approve the proposed modification unless it determines that the proposed modification is consistent with the general plan.
(Ord. 336 § 2.03.070, 1977).
The planning commission or the council may, prior to action on a petition, permit the withdrawal of any petition or part thereof filed pursuant to this chapter.
(Ord. 336 § 2.03.080, 1977).
If a rezoning application is denied, another petition to rezone substantially the same property shall not be accepted within a one-year period unless specific approval for such filing is given by the planning commission or the council.
(Ord. 336 § 2.03.090, 1977).
The planning commission may recommend, and the council may adopt, without further notice or hearing, a zone which is intermediate between the present classification and the classification proposed for adoption, provided such intermediate zone falls between the present and proposed classifications on the sequence chart set forth below. The sequence categories (residential, commercial, industrial) are independent. [Ex.: If the proposed zone is RE-20 and the present zone is RE-2 acre, RE-30 is a proper intermediate zone, but neither an R1-15 zone (which is in the same category, but outside the sequence), nor a C-1 zone (which is outside the category) is an intermediate zone.]
(Ord. 336 § 2.03.100, 1977).
82 - AMENDMENTS
Sections:
This title may be amended by changing the boundaries of zones as shown on the official zoning maps or by changing the text of this title whenever the public necessity, convenience, or general welfare requires such amendment. Except as provided in Section 65853 of the Government Code, an amendment of this title may be initiated and adopted as other ordinances are initiated and adopted.
(Ord. 336 § 2.03.000, 1977).
An amendment may be initiated by:
A.
The petition of one or more owners of property affected by the proposed amendment as provided by this chapter;
B.
Resolution of intention adopted by the council, or resolution of intention adopted by the planning commission.
(Ord. 336 § 2.03.010, 1977).
The planning director shall prescribe the forms and documents to be filed to change property from one zone to another. The forms and documents shall be filed with the planning director and shall be accompanied by the following:
A.
The legal description and street address of the subject property;
B.
A map drawn to scale showing the specific property proposed for reclassification and also showing all other parcels having one or more boundaries within a three-hundred-foot radius of the exterior boundaries of the property proposed for reclassification. The assessor's parcel number shall be noted on each parcel;
C.
The names and mailing addresses of the property owners for the properties shown on the map as listed on the last equalized assessment roll for the county;
D.
An environmental questionnaire;
E.
Certificate of the owner or his designated representative requesting the change in zoning;
F.
A fee as specified by resolution of the council;
G.
The existing land use for the property shown on the map and the proposed use of the land for which the reclassification is requested;
H.
Such additional information as the planning director may require.
(Ord. 336 § 2.03.020, 1977).
Noticing shall be consistent with the requirements of [Section] 17.02.080.
(Ord. 336 § 2.03.030, 1977).
(Ord. No. 1061, § 7, 12-13-2016; Ord. No. 1072, § 8, 6-13-2017)
Editor's note— Ord. No. 1061, § 7, adopted Dec. 13, 2016, changed the title of § 17.82.040 from "Planning commission—Hearing—Notice" to read as herein set out.
The planning commission may abandon any proceeding which the commission has initiated.
(Ord. 336 § 2.03.040, 1977).
After the commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the council in the manner provided by Section 65855 of the Government Code. Such report shall be transmitted to the council by memorandum. The commission may recommend an intermediate zone classification as provided in Section 17.82.110.
(Ord. 336 § 2.03.050, 1977).
Upon receipt of the recommendation of the planning commission, the council shall act thereon as provided by Section 65856 of the Government Code. If the issue is an amendment to this title to change property from one zone to another, and the planning commission has recommended against the adoption of the amendment, the council shall not take any further action thereon unless an interested party requests such a public hearing by filing a written request with the planning director within ten days after the public hearing at which the planning commission made its recommendation, or within five days after the planning commission files its recommendation with the council, whichever date is last to occur.
(Ord. 336 § 2.03.060, 1977).
The council may approve, modify or disapprove the recommendation of the planning commission, as provided by Section 65857 of the Government Code. The council shall not approve the proposed modification unless it determines that the proposed modification is consistent with the general plan.
(Ord. 336 § 2.03.070, 1977).
The planning commission or the council may, prior to action on a petition, permit the withdrawal of any petition or part thereof filed pursuant to this chapter.
(Ord. 336 § 2.03.080, 1977).
If a rezoning application is denied, another petition to rezone substantially the same property shall not be accepted within a one-year period unless specific approval for such filing is given by the planning commission or the council.
(Ord. 336 § 2.03.090, 1977).
The planning commission may recommend, and the council may adopt, without further notice or hearing, a zone which is intermediate between the present classification and the classification proposed for adoption, provided such intermediate zone falls between the present and proposed classifications on the sequence chart set forth below. The sequence categories (residential, commercial, industrial) are independent. [Ex.: If the proposed zone is RE-20 and the present zone is RE-2 acre, RE-30 is a proper intermediate zone, but neither an R1-15 zone (which is in the same category, but outside the sequence), nor a C-1 zone (which is outside the category) is an intermediate zone.]
(Ord. 336 § 2.03.100, 1977).