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Soledad City Zoning Code

CHAPTER 17

48 - AMENDMENTS

Sections:


17.48.010 - General procedure.

Except as otherwise provided in this chapter, any amendment to this title shall be initiated and adopted as other ordinances are amended or adopted.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.020 - Special procedure—When required.

Any amendment of this title which changes any property from one zone to another or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be adopted as set forth in this chapter.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.030 - Initiation of amendments.

Amendments to this title may be initiated by an application of the owner of affected property; or by his agent, or upon its own initiative either the city council or the planning commission may by motion initiate proceedings for such amendment.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.040 - Application by property owner.

Application for an amendment to change district boundaries may be made by the owner of record of property for which a change is sought, or by his agent when authorized in writing by the owner, or by a purchaser or lessee of said property when acting pursuant to a written contract with the owner. Application shall be made to the planning commission on a form prescribed by the commission and shall contain (a) a description and map showing the boundaries of existing and requested districts, and identifying the property for which a change of district is requested; (b) a written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; and (c) such additional information as the planning director may deem pertinent to the application. The application shall be accompanied by a fee in an amount fixed by resolution of the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.050 - Public hearing by planning commission.

Upon receipt of an application for a change in district boundaries pursuant to Section 17.48.040, or upon the initiation of an amendment to this title upon motion of the city council or the planning commission, the planning commission shall set a date for a public hearing thereon. Notice of the time and place of the hearing, including a general explanation of the amendment to be considered, shall be given in the manner specified in Section 17.48.060 of this chapter.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.060 - Notice of public hearing.

The planning commission shall give notice of hearing on a proposed amendment of the kind described in Section 17.48.020 in the following manner:

A.

Notice of the hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of hearing.

B.

Additionally, written notice of the hearing shall be mailed at least ten days prior to the date of hearing to each owner of record of real property within three hundred feet of the exterior boundaries of the property which is the subject of the proposed boundary change. If the proposed amendment was initiated by a person other than the owner of the subject property; said notice shall also be mailed to the owner as shown on the last equalized assessment roll.

C.

In the event that the number of owners to whom notice would be sent pursuant to subsection B of this section is greater than one thousand, the planning commission may, as an alternative, give such notice at least ten days prior to the date of hearing by placing an insert with any generalizing mailing sent by the city to property owners in the area affected by the proposed amendment, such as billings for city services. Compliance with the procedures set forth in this section constitutes a good-faith effort to provide notice, and the failure of any owner to receive notice shall not prevent the city from proceeding with the hearing or from taking any action, nor shall the failure to receive notice affect the validity of any action so taken.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.070 - Contents of notice of public hearing.

The notice of public hearing given pursuant to Section 17.48.060 shall contain the following:

A.

In the case of a proposed amendment changing district boundaries, the street address of the affected property, if known, or the location of the property if the street address is not known, and the existing and proposed districts applicable to the property;

B.

The time, place and purpose of the hearing;

C.

A brief description, the content of which shall be in the sole discretion of the city, of the change in district boundaries or in zoning regulations proposed;

D.

Reference to the application or motion on file for particulars;

E.

A statement that any interested person may appear and be heard.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.080 - Action by planning commission.

After the public hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. The recommendation shall include:

A.

The reasons for the recommendation;

B.

The relationship of the proposed amendment to the general plan and to applicable specific plans;

C.

The findings and determinations of the commission with respect to the proposed amendment.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.090 - Denial by planning commission.

Planning commission denial of any proposed amendment shall terminate the proceedings in the matter; except, that in the case of an amendment initiated by the city council, the commission shall forward its recommendation to the council as provided in Section 17.48.080.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.100 - Public hearing by city council.

Upon receipt of the recommendation of the planning commission concerning the proposed amendment, the city council shall hold a public hearing thereon. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of public hearing by the planning commission, as specified in Sections 17.48.060 and 17.48.070.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.110 - Action by city council.

After consideration of the recommendation of the planning commission and the completion of the public hearing, the council may approve, modify or disapprove the proposed amendment; provided, that any modification of the proposed amendment by the city council not previously considered by the planning commission during its public hearing on the matter shall first be referred to the planning commission for report and recommendation, but the planning commission is not required to hold a public hearing on the modification.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.120 - Prezoning.

The determination of district classifications and district boundaries appropriate for property located outside the city, but potentially subject to annexation, may be made in the same manner as prescribed in this chapter for any property within the city; provided, that any ordinance duly passed by the city council establishing such district classifications and district boundaries shall become effective only upon the effective date of annexation of such property to the city.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.130 - Resubmittal of application.

When an application for a change of district boundaries has been submitted by a property owner and subsequently has been denied, no new application by a property owner for the same; or substantially the same, change shall be filed or considered within one year of the date of closing of the hearing on the application before the planning commission. This provision does not prevent the initiation of proceedings by either the planning commission or the city council.

(Ord. 445 § 2 (Exbt. A) (part), 1986)

17.48.140 - Notification of county assessor.

Within thirty days after the final adoption of an ordinance changing the zoning of any property from one district to another, the city council shall notify the county assessor or such action.

(Ord. 445 § 2 (Exbt. A) (part), 1986)