Santa Maria City Zoning Code
CHAPTER 12
38 AMENDMENTS
Section 12-38.01 Scope: Conformance.
An amendment to this title or the official zoning map, changing any property from one zone to another or imposing any regulations not imposed before such amendment, or removing or modifying any such regulation imposed before such amendment, shall be adopted in the manner set forth in this chapter.
(Prior Code § 10-130.1)
Section 12-38.02 Rezone initiation.
A property owner may, by application to the secretary of the Planning Commission on a form designated for such purposes, request a change of district for the property. The Community Development Department shall charge and collect a filing fee for each application, as determined by resolution of the Council. Prior to increasing the fee for filing an application for an amendment, or adding a new fee, notice shall be given in conformity with Article 1 of Chapter 2-24 of this Code.
(Prior Code § 10-130.2; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-38.03 Hearing notice.
The Planning Commission shall hold one public hearing on any regulation, amendment or zone change. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least 10 calendar days before the hearing in the following manner:
(a)
The notice shall be published at least once in a newspaper of general circulation published and circulated in the City.
(b)
In prezoning, the notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to be prezoned, or if there is none it shall be posted in at least three public places in the area to be prezoned.
(c)
In the case of a proposed zone change, including prezoning, further notice shall be given by first-class mail to any person who has filed a written request therefor with the Planning Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of each calendar year. The City may, pursuant to a resolution of the Council, impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailings. Further notice of the hearing shall be given by mail including businesses, corporations or other public or private entities shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed change of districting. In the event that the proposed zoning district which has been requested by a person other than the property owner, as such property owner is shown on the last equalized assessment roll, notice shall also be given by mail to such owner.
(d)
In the event that the number of owners to whom notice would be sent, pursuant to subsection (c) of this section, is greater than 1,000, notice may be given as an alternative not less than 10 days prior to the hearing by either of the following procedures:
(1)
By placing a display advertisement of at least 1/4 page in the newspaper having the greatest circulation within the area affected by the proposed change, and in at least one additional newspaper having a general circulation within such area, if such additional newspaper is available;
(2)
By placing an insert with any generalized mailing sent by the City to property owners in the area affected by the proposed change, such as billings for City services.
(3)
Any such advertisement or mailing insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.
(Prior Code § 10-130.3(a))
Section 12-38.04 Planning Commission recommendation.
(a)
A resolution embodying the recommendation of the Planning Commission shall include the reasons for the recommendation and the relationship of the proposed amendment to applicable general and specific plans.
(b)
Before recommending favorable action on any change of zone or amendment under the provisions of this chapter, the Planning Commission shall make a finding that the proposal is in accordance with the provisions of the General Plan of the City; the commission shall further find that the proposed modifications are required for the public necessity, convenience and general welfare, and in the case of a zone change that the area is afforded the services and facilities appropriate for the zone proposed.
(c)
In making its recommendation to the Council, the Planning Commission may recommend modifications which are consistent with the notice of public hearing. Recommendations for other modifications, greater area or for a different zoning district classification must be based upon new hearings.
(Prior Code § 10-130.3(b))
Section 12-38.05 Council hearing and action.
(a)
Upon receipt of the recommendation of the Planning Commission, the City Clerk shall set the matter for hearing before the Council and shall report that action to the Council. The date set for hearing shall be as early as possible after receipt of the report of the Planning Commission and shall not be more than 30 days after the filing of the commission's report and recommendation with the City Clerk. Notice of the time and place of the hearing shall be given as presented in Section 12-38.03 for hearing before the Planning Commission.
(b)
The Council shall hold one public hearing and may hold additional hearings noticed in the manner prescribed in Section 12-38.03.
(c)
If, however, the report from the Planning Commission recommends against such modification or rezoning, the Council shall not be required to take any further action thereon unless an interested party shall request such hearing by filing a written request with the City Clerk within 14 calendar days after the Planning Commission files its recommendations with the Council. The receipt of such written request calling for a hearing before the Council shall be deemed as an appeal of the action of the Planning Commission.
(d)
The Council may approve, modify or disapprove the recommendations of the Planning Commission; provided, that any modification of the proposed regulation, amendment or zone change by the Council shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days after the reference, or such longer period as may be designated by the Council, shall be deemed approval of the proposed modifications.
(Prior Code § 10-130.3(c); Ord. 86-32 § 9(D), eff. 2/19/87)