Chapter 17.120
AMENDMENTS
Sections:
17.120.020 Initiation of amendments.
17.120.040 Public hearing scope and notice.
17.120.050 Duties of planning commission.
17.120.060 Result of planning commission denial.
17.120.070 Duties of city council.
17.120.080 Revisions of proposed amendments.
17.120.090 Resubmittal of application.
17.120.010 Applicability.
This title may be amended by changing the zoning map or the regulations. (Ord. 87-4 N.S., 1987).
17.120.020 Initiation of amendments.
A. Zoning Regulations. Amendments to the zoning regulations shall be initiated by motion of the city council or the planning commission, or by petition of any resident, property owner or business owner in the city.
B. Zoning Map. Amendments to the zoning map shall be initiated by motion of the city council or planning commission or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application. (Ord. 87-4 N.S., 1987).
17.120.030 Required application materials for amendments initiated by property owners, residents or business owners.
A property owner shall initiate a zoning map amendment by filing the following with the community development director:
A. A completed application form;
B. A completed initial study form;
C. A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 300 feet of the boundaries of the property;
D. A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within 300 feet of the boundaries of the property (this list shall be keyed to the map required by subsection (C) of this section);
E. The required fee established by city council resolution.
A property owner, resident or business owner shall initiate a zoning text amendment by submitting a description of the amendment accompanied by items described in subsections (A), (B), and (E) of this section. (Ord. 17-10 § 23; Ord. 87-4 N.S., 1987).
17.120.040 Public hearing scope and notice.
A. Scope. The community development director shall set a date, time, and place for the public hearing and prepare a report to the planning commission on an application of a property owner for a zoning map amendment or a petition of a zoning regulation amendment describing the area to be considered for change and, if warranted, proposing alternative amendments.
B. Notice of Hearing.
1. Normal Procedure. Notice shall be given in accord with Government Code Sections 65090 and 65091, except that in addition to these requirements, notice shall be mailed to the applicant and all owners of property within 500 feet of the boundaries of the site, as shown on the last equalized property tax assessment roll.
2. Zoning Map Amendments – 500 or More Lots. If a proposed zoning map amendment includes 500 or more lots, notice may be given in accord with Government Code Section 65091(c)(3).
C. Contents of Notice. Notices required by this section shall contain:
1. A description of the amendment;
2. A statement of the date, time, and place of the hearing;
3. Reference to the council or commission motion or application and other materials on file with the community development director for detailed information;
4. A statement that any interested party or agent may appear and be heard. (Ord. 14-02 § 5; Ord. 87-4 N.S., 1987).
17.120.050 Duties of planning commission.
A. Public Hearing. At the time and place set for the public hearing, the planning commission shall consider a report of the community development director and shall hear evidence for and against the proposed amendment. The planning commission may continue a public hearing without additional notice.
B. Recommendation to City Council. Following the public hearing, the commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan and the purposes of this title, and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in modified form. (Ord. 87-4 N.S., 1987).
17.120.060 Result of planning commission denial.
A planning commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by petition shall terminate proceedings, unless appealed to the city council in accordance with Chapter 17.124 BMC. (Ord. 05-03 § 6; Ord. 87-4 N.S., 1987).
17.120.070 Duties of city council.
A. Hearing Date and Notice. Upon receipt of a planning commission recommendation for approval or conditional approval of an amendment to the zoning regulations or map, the council shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within 60 days of the date of the commission recommendation. The city clerk shall give notice of such hearing, as required by BMC 17.120.040.
B. Public Hearing. At the time and place set for the public hearing, the council shall hear evidence for and against the proposed amendment. The council may continue a public hearing without additional notice.
C. Council Decision. After the public hearing, the council shall approve, modify, or reject the commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report prior to adoption of an ordinance amending the zoning regulations map. Failure of the planning commission to report within 40 days after referral or such longer period as may be designated by the council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan and the notice and hearing provisions of this title. (Ord. 87-4 N.S., 1987).
17.120.080 Revisions of proposed amendments.
A. Revisions. At or after a public hearing, the commission or the council may determine that the public interest would be served by:
1. Revising the boundaries of an area proposed for a zoning map amendment;
2. Considering zoning map designations not originally presented in a motion, application, or commission recommendation;
3. Considering zoning regulation amendments not originally presented in a motion, petition, or commission recommendation.
B. Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. (Ord. 87-4 N.S., 1987).
17.120.090 Resubmittal of application.
Following denial of an application or petition for an amendment to the zoning regulations or the zoning map by the commission or council, no new application or petition for the same, or substantially the same, amendment shall be accepted within one year of the date of denial, unless denial is made without prejudice. (Ord. 87-4 N.S., 1987).