Chapter 5.26
AMENDMENTS
Sections:
5.26.030 Prezoning of unincorporated territory.
5.26.010 Ordinance required.
A. Except as otherwise provided in this chapter, any amendment to this title shall be initiated and adopted as other ordinances are amended or adopted.
B. Any amendment to this title which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies such regulation, shall be initiated and adopted as hereinafter set forth in this chapter. (Ord. 97-17, 10-28-1997)
5.26.020 Amendment procedure.
A. This title may be amended by changing the boundaries of any zone, or by changing, amending, or supplementing the regulations or any other provision thereof whenever the public necessity, convenience and general welfare permit such an amendment, or where the public health, safety or welfare is affected.
B. Zoning amendments may be initiated by the City Council, Planning Commission, Planning Director, or by application from property owner(s) and may be initiated as follows:
1. The filing with the City Planning Commission of a resolution of intention of the City Council;
2. Passage of a resolution of intention by the Planning Commission; or
3. Filing with the Planning Commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the Planning Commission and shall be accompanied by a fee, as set by the City Council.
C. An application for an amendment shall be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in conformance with the General Plan and that public necessity, convenience and general welfare require or permit the adoption of the proposed amendment.
D. Unless initiated by the City, each zoning amendment application shall be accompanied by the appropriate fee as set forth by the City Council, as per NCC 1.16.010.
E. Upon receipt of a petition or resolution of intention of amendment, the Planning Commission shall set a date for a public hearing thereon, but not later than 45 calendar days after the receipt of said petition or resolution.
F. The Planning Commission shall conduct a public hearing in accordance with this title on all zoning amendment applications at the earliest reasonable time following acceptance of the application as complete for processing.
G. At the earliest practical time after beginning the public hearing process, the Planning Commission shall recommend to the City Council that the proposed zoning amendment be granted as requested, modified, or denied. In addition, the Planning Commission shall transmit a report to the City Council which includes:
1. A resolution setting forth the findings of the Planning Commission.
2. Copies of any maps, text language, staff reports, meeting minutes and other information which identifies the nature of the proposed change(s).
3. Copy of such report and recommendation shall be transmitted to the City Council within 90 days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the City Council or the petitioner for such amendment.
H. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing(s) in the manner provided for in this title.
I. At the earliest practical time after beginning the public hearing process, the City Council shall decide to grant as requested, modify, or deny the proposed zoning amendment. The City Council shall make appropriate findings in support of its decision. After the conclusion of such hearing process, the City Council may, within one year, pass an ordinance to adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the Council deems desirable. (Ord. 97-17, 10-28-1997)
5.26.030 Prezoning of unincorporated territory.
Unincorporated territory adjoining the City may be prezoned for the purpose of determining the zoning that will apply to such property in the event of a subsequent annexation to the City. Land to be prezoned must conform to the “Land Use Element of the Newman General Plan.” The method of accomplishing such prezoning shall be the same as provided by this title, and by applicable State law for zoning within the City. Such zoning shall become effective at the same time that the annexation becomes effective. Notice of hearing shall be given in the manner prescribed by this title and the State Planning, Zoning and Development Law. (Ord. 97-17, 10-28-1997)