Chapter 17.58
AMENDMENTS*

Sections:

17.58.010    Procedure generally.

17.58.020    Initiation.

17.58.030    Public hearings.

17.58.040    Conditions.

*    Prior ordinance history: Ords. 77-10 and 82-14.

17.58.010 Procedure generally.

This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this chapter. (Zoning ordinance dated 7/94 (part), 1994)

17.58.020 Initiation.

An amendment may be initiated by:

A.    The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee to be established by resolution of the city council from time to time hereinafter enacted, no part of which shall be returnable to the petitioner; or by

B.    Resolution of intention by the city council;

C.    Resolution of intention by the planning commission. (Zoning ordinance dated 7/94 (part), 1994)

17.58.030 Public hearings.

A.    The planning commission shall hold at least one public hearing on any proposed amendment. At least ten days prior to the first public hearing, said planning commission shall give notice thereof by at least one publication in a newspaper of general circulation within the city of such public hearing.

B.    In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify the property from any district to any other district, the planning commission shall give additional notice of the time and place of such hearing and on the purpose thereof by mailing a notice of the time and place of such hearing to all persons owning real property within three hundred feet of the property which is the subject of the proposed zoning change.

C.    Following the aforesaid hearing, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the city council an attested copy of such report.

D.    1. Upon receipt of such report from the planning commission, when the planning commission has recommended a proposed amendment, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation within the city at least ten days prior to such hearing. After conclusion of the hearing, the city council may adopt the proposed amendment or any part thereof in such form as said council may deem advisable.

2.    When the planning commission recommendation is to disapprove the proposed amendment, the matter shall not be set for public hearing and no further action shall be taken unless the amendment was initiated by the adoption of a resolution of intention by the city council, or unless or until the applicant requests such hearing. Such request shall be made by filing with the city clerk of the city council and with the planning commission, within ten days after written notice of the decision has been mailed, a written request for hearing before the city council. The planning commission shall thereupon forthwith transmit to the city council all of the papers constituting the record upon which the recommended action was taken. Upon receipt of such request, the city council shall set a date for public hearing thereon, giving notice thereof pursuant to this section. After the conclusion of the hearing, the city council may adopt the proposed amendment or any part hereof in such form as said council deems advisable.

3.    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 sign such petition.

4.    The city council or the planning commission, as the case may be, may by resolution of intention 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. (Zoning ordinance dated 7/94 (part), 1994)

17.58.040 Conditions.

The city council may impose conditions to the zoning reclassification of property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city. Any amendment which changes the zoning within the Coastal Zone or changes in any manner the allowed uses or development regulations within the Coastal Zone shall not be effective until approved by the State Coastal Commission. (Zoning ordinance dated 7/94 (part), 1994)