A.

Purpose. The provisions of division 16-68 provide procedures for the amendment of the zoning ordinance, including without limitation text and maps, whenever the town determines public necessity and general welfare require an amendment.

B.

Authority. Amendments to the zoning ordinance, including text amendments and rezonings, may be authorized by the council upon recommendation of the commission, and in compliance with the provisions of division 16-68.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Initiation. The zoning ordinance may be amended by changing the boundaries of any zone, or by changing any zoning regulation, off-street parking or loading requirement, general provision, exception, procedure, or any other provision thereof whenever the public necessity, convenience, or general welfare requires such amendment. Amendments may be initiated by:

1.

Council request to the commission;

2.

Resolution of intention of the commission;

3.

Director-initiated request to the commission;

4.

Application of all land owners or their duly authorized representatives for amendments to the zoning ordinance involving the zoning of their land;

5.

Application of a plaintiff in an action in eminent domain for amendments to the zoning ordinance involving the zoning of the land to be acquired by plaintiff in an action in eminent domain; or

6.

Application of any interested person for a text amendment.

B.

Application. Application for an amendment to the zoning ordinance shall be made in compliance with the provisions of division 16-50 (application filing and processing). Town-initiated amendments do not require an application submittal.

C.

Information required. Lists of information and materials normally required for a complete application to amend the zoning ordinance may be obtained from the planning division. Additional specific information may also be required according to the specific circumstances of the amendment request.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Prezoning. The prezoning of unincorporated territory adjoining the town, or within its sphere of influence, may be initiated by request of the director to the commission, by resolution of intention of the commission on its own motion, by request of the council to the commission, or by petition of the owner or owners of land in the unincorporated territory. The procedures set forth in this section for amending the zoning ordinance shall govern the prezoning of any territory, and such prezoning shall become effective at the time of annexation of the territory to the town.

B.

Annexations. Where unincorporated territory has been prezoned in compliance with the procedures prescribed in subsection A. above, the existing county zoning shall remain in effect until the territory has been annexed to the town at which time the zone applied by the prezoning action shall become effective.

Where a prezoning action has not taken place, all territory hereafter annexed to the town shall simultaneously with such action be classified in the residential planned development (RPD) zone, and shall be so shown on the zoning map until such time as the property is rezoned consistent with the general plan.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Public hearing required. A public hearing in compliance with division 16-64 (public hearings) shall be held by the commission to consider rezonings or zoning text amendments. Notice of the hearing shall be given as prescribed by the California Government Code Section 65090 or 65091, as applicable.

B.

Public hearing by council. A public hearing in compliance with division 16-64 (public hearings) shall be required to consider the commission's recommendation of approval of any amendment to the zoning ordinance in compliance with section 16-68.060 (council action on amendment). Notice of the hearing shall be given as prescribed by California Government Code Section 65856.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

The Commission shall, by resolution, recommend that the council approve the proposed amendment if it makes the following findings:

1.

The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the requirements herein.

2.

The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the general plan and any other applicable plans of the town.

3.

The change of zone, change of zone boundaries, or other proposed amendment, will not be detrimental to the public health, safety, or welfare of the town.

B.

If the commission does not make the above findings, it shall deny the application and transmit a written report of its findings to the council within a reasonable period of time after making such decision. The decision of the commission to deny the application is final unless appealed pursuant to division 16-66.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

The council may affirm, reverse, or modify any recommendation for approval by the commission. If the council materially modifies the commission's recommendation for approval, and the modifications were not previously considered by the commission during its hearing, then the matter shall first be referred to the commission for report and recommendation pursuant to Government Code Section 65857, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to comment on the proposed amendment, as modified, within forty days, shall be deemed commission acceptance of the modification.

B.

An application for amendment approved by the council shall be adopted by ordinance in compliance with provisions of the California Government Code.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

Appropriate zone changes shall be recorded upon the zoning map and/or planned development map within thirty days following enactment of an ordinance rezoning property, or changing the boundaries of a zone or a planned development.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

No application shall be reconsidered, and no new application for the same or a substantially similar change shall be considered by the commission for a period of one year if the original application was denied, except where the denial was made without prejudice or there is a substantial change of circumstances.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)