Chapter 17.68 AMENDMENTS

Chapter 17.68
AMENDMENTS

Sections:

17.68.040 Notification requirements for amendments.

17.68.050 Effective date of amendments and incorporation in coastal program.

17.68.010 Generally.

The Trinidad zoning title, as adopted by the city council, may be amended pursuant to the requirements of this chapter. [Ord. 166 § 7.01, 1979].

17.68.020 Initiation of amendments.

An amendment to the text of the zoning title may be initiated by motion of the city council on its own initiative, or by the planning commission on its own initiative. Amendment to the zoning map may be initiated by the owner of the subject property or authorized agent for the owner, or by the city council on its own initiative, or by the planning commission on its own initiative. Any person authorized to undertake a public works project or proposing an energy facility development may initiate an amendment by requesting the city to amend this title if the purpose of the proposed amendment is to meet the public needs of an area greater than the city that had not been anticipated by the person making the request at the time the Trinidad general plan was adopted. [Ord. 166 § 7.02, 1979].

17.68.030 Amendment procedures.

A. The filing of an application for an amendment to the zoning ordinance, the payment of fees, notice of hearing, and procedural requirements shall be as prescribed herein and in TMC 17.72.110, 17.72.120 and 17.72.130.

B. The planning commission or hearings officer shall hold a public hearing on proposed amendments to the zoning title. At the public hearing the planning commission or hearings officer shall hear any person interested in the proposed amendment. The hearing may be continued from time to time. Within 40 days of the conclusion of the hearing, the planning commission or hearings officer shall submit to the city council a written report of recommendations and reasons thereof, including the relationship of proposed zoning amendments to the general plan. The planning commission or hearings officer shall not hold a hearing on a proposed amendment to the zoning title less than two weeks after final city council action on a related change in the general plan.

C. If, after the hearing is closed, the planning commission or hearings officer recommends approval of the proposed amendment, the city council, upon receipt of the report, shall set the matter for public hearing. The city council may approve, modify or disapprove the recommendation of the planning commission or hearings officer; provided, that any modification proposed by the city council not previously considered by the planning commission or hearings officer during their hearing shall first be referred to the planning commission or hearings officer for report and recommendation, but the planning commission or hearings officer shall not be required to hold a public hearing thereon. Failure to report within 40 days after the referral shall be deemed to be commission or hearings officer approval of the proposed modification.

D. If the planning commission or hearings officer has recommended against the adoption of an amendment, the city 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 10 working days after the planning commission or hearings officer files its recommendation with the city council.

E. The city council shall reach a decision not later than 40 days after the conclusion of the city council hearing or not later than 40 days after the filing of a report, or the deadline for submitting such a report by the planning commission or the hearings officer on a referral from the city council. Failure of the city council to adopt the proposed amendment within the period set forth in this section shall be deemed to be a denial of such a proposed amendment. [Ord. 166 § 7.03, 1979].

17.68.040 Notification requirements for amendments.

In addition to notification required by TMC 17.72.130, notice of proposed amendments to the Trinidad zoning title shall be mailed to the California Coastal Commission and other interested public agencies and persons at least 10 working days prior to the date of the first public hearing before the planning commission. The city council shall not take final action on an amendment until at least six weeks after notice has been sent. [Ord. 166 § 7.04, 1979].

17.68.050 Effective date of amendments and incorporation in coastal program.

Amendments to the zoning title shall take effect 30 days after city council adoption of the amending ordinance. The city clerk shall, within five working days of the adoption of the amending ordinance, forward a copy to the executive director of the California Coastal Commission. Before the expiration of the 30-day period, the executive director shall notify the city in writing if the amendment needs to be certified as part of the Trinidad coastal program and whether the amendment is considered a major or minor amendment pursuant to the provisions of Section 30514(c) of the Coastal Act. Amendments that are determined to be minor shall become part of the Trinidad coastal program on the effective date of the city ordinance or the tenth working day following designation as a minor amendment, whichever occurs last. Major amendments, including any amendment that allows changes in uses, shall become part of the Trinidad coastal program at the time the California Coastal Commission certifies the amendment as adopted by the city. If the Coastal Commission certifies the amendment subject to conditions or changes, the amendment shall not become part of the Trinidad coastal program until by resolution the city council concurs in any conditions, or by ordinance adopts any changes and such ordinance has become effective. [Ord. 166 § 7.05, 1979].