Chapter 18.24
AMENDMENTS
Sections:
18.24.010 Resolution of intention--Application.
18.24.020 Application--Hearing--Notice.
18.24.030 Recommendation by planning commission.
18.24.040 Council hearing--Notice.
18.24.050 Resolution of intention by city council.
18.24.060 Decision by city council.
18.24.070 Withdrawal of petition.
18.24.080 Hearing--Notice--When not required.
18.24.090 Application--Resubmittal after final disapproval.
18.24.100 Certification of local coastal program amendments.
18.24.010 Resolution of intention--Application.
This title may be amended by changing the boundaries of districts or by changing any other provisions hereof whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure specified in this chapter. Amendments may be proposed by:
A. Resolution of intention of the city council; or by
B. Resolution of intention of the planning commission;
C. Property owners, their duly authorized agents, or a plaintiff in an action in eminent domain, by filing a verified application with the planning commission for amendments to this title involving their property or property to be acquired by the plaintiff in an action in eminent domain;
D. Any application made pursuant to subsection C of this section shall be in writing and signed and verified by the owner of the land involved or by his authorized agent. If the application is made by a person other than the owner, written authorization to act on behalf of the owner shall be submitted with such application. The application shall show or be accompanied by the legal description of the property for which the amendment is requested, and the street address or addresses, if any, or other common description of the premises. The planning commission may also require that the application be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, and all lots and parcels of land within a distance of five hundred feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant. (1996 zoning code (part)).
18.24.020 Application--Hearing--Notice.
Upon the receipt of such an application, the planning commission shall consider the requested amendment and may, if it so determines, adopt its resolution of intention to propose an amendment as requested, or in its discretion, different from that petitioned for. Upon the adoption of such resolution of intention by the planning commission, it shall set a hearing thereon and give notice thereof by at least one publication in a newspaper of general circulation in the city at least ten days before the hearing and may give additional notice by either one or both of the following means when the amendment involves reclassification of property:
A. Posting public notices of the proposed amendment not less than ten days prior to the date of the first of such hearings. Such notices shall be placed not more than three hundred feet apart along each and every street upon which the property proposed to be reclassified abuts and such posting shall extend along the said street or street a distance of not less than three hundred feet from the exterior limits of such property or properties as are proposed for reclassification. Such notice shall consist of the words, “Notice of Proposed Change of Land Use District,” printed or lettered in plain type or letters not less than one inch in height, and in addition thereto, there shall be a statement in smaller type setting forth a description of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held, and other information which the planning commission deems necessary;
B. Mailing a postal card notice not less than ten days prior to the date of such hearing to the owner or owners of all property within three hundred feet of the exterior boundaries of the property proposed to be reclassified, as said owners are shown on the last equalized assessment roll of the city;
C. Any failure to post public notices or to mail postal card notices as aforesaid shall not invalidate any proceedings taken for the amendment of this title;
D. The planning commission may hold such additional hearings as it may deem necessary. (1996 zoning code (part)).
18.24.030 Recommendation by planning commission.
Following the aforesaid hearing or hearings, the planning commission shall make a report of its findings, summaries or hearings, and recommendations with respect to the proposed amendment and shall file such reports with the city council within thirty days from the final hearing thereon. If the planning commission proposes to recommend adoption of the proposed amendment, such recommendation shall be by resolution of the commission carried by the affirmative votes of not less than two-thirds of its total voting members and shall likewise be filed with the city council within thirty days from the final hearing thereon. (1996 zoning code (part)).
18.24.040 Council hearing--Notice.
The city council may hold one or more public hearings upon the proposed amendment and before adopting the proposed amendment shall hold at least one public hearing thereon, notice of which shall be published at least once in a newspaper of general circulation in the city at least ten days before the hearing. At the conclusion of such hearing, the city council, if it so determines, may adopt an ordinance amending this title in accordance with the proposal of the planning commission. The city council may not make a change in any amendment proposed by the planning commission until the proposed change has been referred to the planning commission for a report and such report received. (1996 zoning code (part)).
18.24.050 Resolution of intention by city council.
The city council may adopt its own resolution of intention to amend this title when it deems it to be for the public interest, but shall not adopt an amendatory ordinance until it shall have first referred such proposal to the planning commission for a report. Before making a report, the planning commission shall hold at least one public hearing in the same manner as heretofore prescribed. The failure of the planning commission to make such report within forty days after the reference to it shall be deemed an approval of the proposed change. Upon receipt of such report or the expiration of time above mentioned, the city council may proceed to hold a hearing as provided in Section 18.24.040, at the conclusion of which it may adopt an ordinance amendment this title. (1996 zoning code (part)).
18.24.060 Decision by city council.
The decision of the, city council shall be rendered within ninety days after the receipt of a report and recommendation from the planning commission. (1996 zoning code (part)).
18.24.070 Withdrawal of petition.
Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The city council or the planning commission, as the case may be, may by resolution abandon any proceedings for an amendment initiated by its own resolution of intention; provided, that such abandonment may be made only when such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held. (1996 zoning code (part)).
18.24.080 Hearing--Notice--When not required.
No notice of hearing as prescribed by this chapter need be given with respect to any hearing before either the planning commission or the city council where the proposed amendment does not involve the changing of district boundaries or the changing of property from one district to another. (1996 zoning code (part)).
18.24.090 Application--Resubmittal after final disapproval.
An application for an amendment to this title which has been finally disapproved may not be resubmitted for a period of one year from final disapproval, unless the application has been substantially changed. Nothing herein shall preclude the city council or planning commission from initiating proceedings for amendments to this zoning ordinance or zoning map at any time. (1996 zoning code (part)).
18.24.100 Certification of local coastal program amendments.
Any proposed amendment to the local coastal program shall not take effect until it has been certified by the Coastal Commission. Any amendment approved by the city shall be submitted to the Coastal Commission in accordance with Sections 30512 and 30513 of the Public Resources Code. An amendment to this local coastal plan as certified by the Coastal Commission shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and also certified by the California Coastal Commission pursuant to Chapter 6, Article 2, of the California Coastal Act. (1996 zoning code (part)).