Chapter 18.42
AMENDMENTS

Sections:

18.42.010    Purposes.

18.42.020    Initiation.

18.42.030    Application and fee.

18.42.040    Public hearing – Notice.

18.42.050    Hearing.

18.42.060    Investigation and report.

18.42.070    Action of City Planning Commission.

18.42.080    Action of City Council.

18.42.090    Change of zoning map.

18.42.100    New application.

18.42.110    Annexed and not zoned property.

18.42.010 Purposes.

This title may be amended by changing the boundaries of any district or by changing any district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision thereof in accord with the procedure prescribed in this chapter. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.020 Initiation.

A. A change in the boundaries of any district may be initiated by:

1. The owner of the property within the area for which a change of district is proposed or the authorized agent of the owner filing an application for a change in district boundaries. If the area for which a change of district is proposed is in more than one (1) ownership, all the property owners or their authorized agents shall join in filing the application.

2. A resolution of the Planning Commission or action of the City Council in the form of a request to the Commission that it consider a proposed change in boundaries.

B. A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by resolution of the City Planning Commission or by action of the City Council in the form of a request to the Commission that it consider a proposed change; provided, that in either case the procedure prescribed in DMC 18.42.030 through 18.42.080 shall be followed. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.030 Application and fee.

A property owner desiring to propose a change in the boundaries of the district in which his property is located or its authorized agent may file an application with the City Planning Commission for a change in district boundaries, which shall include the following data:

A. Name and address of the applicant.

B. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner.

C. The application shall be accompanied by a sketch of the site showing the location of the property with respect to adjacent properties and streets.

D. The application shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of processing the application as prescribed in this section.

E. In the event the proposed amendment is to change the boundaries of any district or to change the district designation of any property, an accurate scale drawing of the site and the surrounding area for a distance of three hundred (300) feet from each boundary of the site shall be submitted. Such drawing shall also show the locations of existing streets and property lines. Such drawing shall also be accompanied by a list of the names and last known addresses of the recorded legal owners of all properties shown on the drawing. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (32).]

18.42.040 Public hearing – Notice.

A. The City Planning Commission shall hold at least one (1) public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this title initiated by the Commission or the City Council within forty-five (45) days of the date when the application was filed or the proposal was initiated. Notice of the public hearing shall be given not less than ten (10) calendar days nor more than thirty (30) days prior to the date of the hearing in the City Hall of the City and by publication in a newspaper of general circulation within the City.

B. When a public hearing is to be held on an application or a proposal for a change in a district boundary, notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Solano County as owning property within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use which is the subject of the hearing. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.050 Hearing.

A. At the public hearing the City Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of this title prescribed in DMC 18.01.010.

B. The Commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in the light of the fact that under the provisions of this chapter a change in district boundaries cannot be made conditionally and the owner of the property is bound only to comply with the regulations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.060 Investigation and report.

The Planning Director shall make an investigation of the application or the proposal and shall prepare a report thereon which shall be submitted to the City Planning Commission. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.070 Action of City Planning Commission.

Within forty-five (45) days following the public hearing, the City Planning Commission shall make a specific finding as to whether the change is required to achieve the objectives of this title prescribed in DMC 18.01.010. The Commission shall transmit a report to the City Council recommending that the application be granted or denied or that the proposal be adopted or rejected, together with one (1) copy of the application, resolution of the Commission or request of the Council, the sketch of the site and the surrounding area and all other data filed therewith, the minutes of the public hearing, the report of the Planning Director and the findings of the Commission. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.080 Action of City Council.

A. The City Council shall consider the recommendation of the Planning Commission at a public hearing duly noticed as prescribed by State law.

B. At the time and place set for the public hearing, the City Council shall review the application and the resolution or report of the Commission, the report of the Planning Director and any public comments.

C. The City Council shall make a specific finding as to whether the change is required to achieve the objectives of this title prescribed in DMC 18.01.010. If the Council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. If the Council finds that the change is not required, it shall deny the application or reject the proposal. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.090 Change of zoning map.

A change in a district boundary shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.100 New application.

Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one (1) year of the date of the application. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.42.110 Annexed and not zoned property.

A. All property which is annexed to the City or which is not zoned or becomes not zoned through abandonment of a public street or railroad right-of-way shall automatically and without public hearing be classified in the T temporarily unclassified district, unless otherwise zoned at the time of annexation.

B. The City Planning Commission shall make a study of the property to determine in which zoning district it should be classified in order to carry out the objectives of this title prescribed in DMC 18.01.010. If the Commission finds that a change of district is required, it shall initiate the change as prescribed in DMC 18.42.020(A)(2). The owner of annexed property or the authorized agent of the owner may file an application for a change in district as prescribed in DMC 18.42.020(A)(1). [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]