Chapter 22.90
AMENDMENTS
Sections:
22.90.230 Initiation of amendments.
22.90.240 Application for amendment.
22.90.250 Contents of application.
22.90.300 Preparation of amendments.
22.90.400 Citizen participation.
22.90.500 Planning commission action.
22.90.600 City council action.
22.90.010 Applicability.
Except as specifically provided to the contrary in other sections of this title, the provisions of this chapter shall apply to the adoption, amendment and repeal of any provisions of this title and of the development plan of the city; including area development plans and land use zoning. (Ord. 413 § 4 (part), 1972)
22.90.210 Scheduled review.
With the advice of the director of public works, the director of community development and the planning commission, the city council shall periodically review the provisions of this title, the regulations and standards adopted thereunder and the development plan of the city, including all area development plans and the designation of land use zones, in order to determine if any revisions therein should be initiated. It is intended that such review be approximately on an annual basis and for this purpose the director of community development shall maintain a schedule for such review of each of the above mentioned items. (Ord. 770 § 1 (part), 1996; Ord. 413 § 4 (part), 1972)
22.90.230 Initiation of amendments.
Proceedings for the adoption, amendment or repeal of any part of this title or of the development plan of the city may be initiated by any one of the following:
(1) Scheduled review in accordance with Section 22.90.210;
(2) Order of the planning commission;
(3) Order of the city council;
(4) Upon the submittal of an application for amendment by any interested resident of the city or owner of property within the city. (Ord. 524 § 2, 1976; Ord. 413 § 4 (part), 1972)
22.90.240 Application for amendment.
An application for an amendment to the development plan or development map of the city, together with any required fees, shall be filed with the director of community development and the application shall be reviewed and processed by the director only when all the required information and material is submitted. Such application need not be considered except in connection with the scheduled review process or within thirteen months of receipt of the request whichever is sooner. (Ord. 770 § 1 (part), 1996; Ord. 524 § 3 (part), 1976)
22.90.250 Contents of application.
(a) An application for an amendment to the development plan or development map of the city shall contain the following and such other matters as are required by the director of community development:
(1) The name and address of the applicant;
(2) A statement containing therein the nature of the interest of the applicant in the amendment proposed; and
(3) A statement or statements describing in detail the type, scope and degree of the amendment proposed with reasons why said amendment should be adopted.
(b) Further, in case of an application for an amendment to the development map, the following supplemental information shall be submitted:
(1) The location of the property affected by the proposed amendment;
(2) The legal description of the subject property;
(3) Evidence that the applicant is the owner of the subject property or has written permission of the owner or owners to make such application;
(4) The existing land use zoning designation for the subject property;
(5) The land use zoning designation;
(6) The conditions which warrant the change in the land use zoning designation;
(7) Five copies of a base map (scale one inch equals one hundred feet) indicating the applicant’s parcel and adjacent parcels within seven hundred feet of the exterior boundaries of the applicant’s parcel as follows:
(A) Three unmarked copies,
(B) One copy showing the existing land use of all parcels within seven hundred feet of the exterior boundaries of the applicant’s parcel,
(C) One copy showing each parcel within five hundred feet of the exterior boundaries of the applicant’s parcel numbered to correspond to the information of a list of property owners to be submitted by the applicant as provided in subdivision (8) of subsection (b) of this section; and,
(8) A list of names and addresses of all parcel owners and residents within five hundred feet of the exterior boundary of the applicant’s parcel to be typed onto labels furnished by the city. Each label shall be numbered to correspond to the parcel as shown on the base map. The names and addresses of property owners shall be obtained form the latest assessment roll. The full name of property owners shall be shown as listed on the latest assessment roll. The addresses of nonproperty owning residents shall be obtained from the latest county street numbering map. The word “occupant” may be shown in place of the name on nonproperty owning residents. Whenever a new subdivision exists within the five hundred feet for which names of parcel owners are not available on the latest assessment roll, the applicant shall provide a list of addresses of all completed dwelling units and shall show the word “occupant” in place of the name of the resident or owner. (Ord. 770 § 1 (part), 1996; Ord. 524 § 3 (part), 1976)
22.90.300 Preparation of amendments.
The director of community development shall prepare and submit to the planning commission recommendations concerning any matter for which proceedings have been initiated, together with any code provisions, area development plans, development map charges, standards or other matters recommended for adoption or ordered for consideration by the planning commission or city council. (Ord. 770 § 1 (part), 1996; Ord. 413 § 4 (part), 1972)
22.90.400 Citizen participation.
(1) Preliminary consideration. In the course of preparing such matters, the director of community development may prepare, publish and distribute preliminary reports and proposals and may conduct informal meetings and discussions with interested parties.
(2) Final Consideration. Subsequent to the submission of the recommendations of the director of community development, the planning commission shall conduct a public hearing and shall give notice thereof as follows:
(a) Newspaper notice for all proceedings authorized by this title;
(b) Notice to property owners and residents in the vicinity of the parcel or area under consideration for all proceedings involving the adoption, amendment or repeal of an area development plan or a change in the land use zone applicable to a specific parcel or unit of development. For the initial adoption of the development map, notice may be given by newspaper only. (Ord. 770 § 1 (part), 1996; Ord. 413 § 4 (part), 1972)
22.90.500 Planning commission action.
(a) After conclusion of the public hearing, if the planning commission recommends approval, the planning commission shall do so by resolution carried by the affirmative votes of no less than a majority of its total voting members, which resolution shall contain findings indicating wherein the proposed action:
(1) Is consistent with the general plan;
(2) Will be in the public interest by reason of a balanced consideration of public necessity, convenience, health, safety, efficiency, economy, amenity, general welfare and sound planning and development practice;
(3) Provides for a reasonable use of the property under consideration;
(4) Any other reasons for recommending approval.
(b) no action is taken by the planning commission within forty days after the close of public hearing, the proposed action shall be deemed to be disapproved. Disapproval of the proposed action (except disapproval by inaction) shall be by resolution of the planning commission, and shall contain findings indicating the reasons for disapproval. Disapproval of the proposed action by the planning commission shall be final in the absence of subsequent appellate action pursuant to the provision of Section 20.95.400. A copy of the resolution of the planning commission shall be submitted to the city council. (Ord. 413 § 4 (part), 1972)
22.90.600 City council action.
(1) Subsequent to the receipt of a planning commission recommendation for approval, the city council shall conduct a public hearing and shall give notice thereof as provided in Section 22.90.400.
(2) After conclusion of the public hearing, the city council may approve, disapprove, or modify the action recommended by the planning commission. In the event that the action of the city council makes any changes or additions in planning commission recommendation, the city council shall refer the matter back to the planning commission for report and recommendation. Upon such reference, the planning commission need not hold another public hearing. Upon receipt of the report from the planning commission or after forty days from the date of the reference, whichever is sooner, the city council may:
(a) Adopt the original findings and recommendations of the planning commission; or
(b) Adopt any revised findings and recommendations received from the planning commission; or
(c) Adopt the planning commission recommendation with such modifications as were approved by the city council and which were referred to the planning commission for report; or
(d) Reverse the planning commission recommendation and adopt the recommendations referred to the planning commission.
(3) Appeals to the city council of a disapproval by the planning commission shall be conducted pursuant to the provisions of Section 20.95.400; provided, however, that if the city council reverses or modifies the determination of the planning commission:
(a) The city council shall refer the matter back to the planning commission in the manner provided for in this section; and subsequent to such reference the planning commission and city council shall act as provided for in this section,
(b) In the event that the city council has held no public hearing regarding the proposal, and in the further event that subsequent to the reference the city council considers a reversal or modification of the initial determination of the planning commission, the city council shall hold a public hearing in the manner and with the notification provided for in Section 22.90.400(2).
(4) In taking action to adopt, amend or repeal the provisions of this title, or of an area development plan, or to change the land use zoning applicable to a specific parcel or unit of development, the city council shall act by ordinance. In taking any other action under this title, the city council may act by resolution. In taking any action authorized by this section, the city council shall make findings indicating wherein the action is consistent with the criteria set out in Section 22.90.500. In the case of action to amend the development map by changing the land use zoning applicable to a specific parcel or unit of development, notification of said action shall be given in accordance with the provisions of Section 65863.5 of the Government Code of the state of California. (Ord. 524 § 4, 1976: Ord. 413 § 4 (part), 1972)