Chapter 18.136
AMENDMENTS

Sections:

18.136.010    General.

18.136.020    Application for amendment.

18.136.030    Hearing by Commission.

18.136.040    Notice of hearing.

18.136.050    Action by Commission and findings.

18.136.060    Planning Commission recommendation to City Council.

18.136.070    Notice, hearing and decision by the City Council.

18.136.080    Commission review of City Council changes.

18.136.010 General.

When, in the opinion of the Council, a change in this title is found necessary and/or reasonable, and such change is consistent with the General Plan and intent of the zoning title to maintain balanced and compatible land uses, or whenever the public necessity, convenience and welfare require such amendment, this title may be amended by changing the boundaries of any district or by changing any provision hereof pursuant to the procedures prescribed in this chapter. (Ord. 1196 § 2 (part), 1995: Ord. 977 § 1 Ex. A (part), 1987)

18.136.020 Application for amendment.

Application for amendment to the Zoning Title may be initiated by the following:

A.    The owner/owners, as applicable, or by the owner’s representative as authorized in writing if one other than the owner is the applicant, of the property within the area for which a change of district is proposed. If the application is made by the owner’s representative, proof, satisfactory to the Director of Planning, of the right to use and possess the property as applied for, shall accompany the application. The application shall be filed on a form prescribed by and filed with the Planning Department; such form shall be accompanied by a nonrefundable fee as prescribed in the municipal fee schedule and shall contain or be accompanied by the following data:

1.    A map showing the boundaries of the subject parcel and each separate lot or parcel within three hundred feet of the exterior boundaries thereof together with a list of the name and address of the owner of record, and a set of stamped and addressed No. 10 envelopes, as shown on the last equalized assessment roll or as known to the applicant, of each property owner within a three-hundred-foot radius of the exterior boundaries of the subject property,

2.    Name and address of the applicant and/or owner(s),

3.    A statement that the applicant is the owner of the property or the authorized representative of the owner(s),

4.    Address or description of the subject property;

B.    Planning Commission, by resolution of intention, for a change in boundaries of any district or a change in the regulations contained therein;

C.    City Council, by resolution of intention, directing the Planning Commission that it consider a proposed a change. (Ord. 1174 § 3, 1995: Ord. 977 § 1 Ex. A (part), 1987)

18.136.030 Hearing by Commission.

The Commission shall hold a public hearing after acceptance of a complete application for a change of district boundaries or a proposal for a change of any provision contained in this title initiated by a property owner, the Commission or the Council. (Ord. 1319 § 57, 2003: Ord. 977 § 1 Ex. A (part), 1987)

18.136.040 Notice of hearing.

A.    For a change of any provision contained in this title, notice of such public hearing shall be given by at least one publication in a newspaper of general circulation within the City at least ten days prior to such hearing or hearings and shall include the date, time, place and purpose of the hearing.

B.    For a change of district boundaries so as to reclassify any district to any other district, the Commission shall cause additional notice, not less than ten days prior to the date of the hearing, by United States mail to each property owner whose name and address appears in the list accompanying such application and to any person who has filed a written request therefor with the Commission, which notice shall give the date, time and place of hearing, the name of the applicant, and an identification of the subject property.

C.    The public hearing on the application may be continued to the next regular meeting of the Commission or from time to time without further notice.

D.    Compliance with the procedures set forth in this chapter shall be deemed sufficient notice to allow the City to proceed with the hearing and action regardless of actual receipt by an owner of record. (Ord. 977 § 1 Ex. A (part), 1987)

18.136.050 Action by Commission and findings.

In considering the application for an amendment, the Planning Commission shall make the following findings depending on the type of amendment, as follows:

A.    Zoning title text amendment findings:

1.    The ordinance amendment is consistent with the General Plan.

2.    The ordinance amendment is consistent with the purpose of the zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

B.    Zoning district boundary amendment findings (also applies to prezoning for annexations):

1.    The change in district boundaries is consistent with the General Plan.

2.    The change in district boundaries is consistent with the purpose of the zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

3.    The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district.

C.    Planned community zone change findings:

1.    The planned community rezoning is consistent with the General Plan.

2.    The planned community rezoning is consistent with the purpose of the zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

3.    The standards of site area and dimensions, lot coverage, yard spaces, heights of structures, distance between structures, fences, walls and landscaping, signs, rights-of-way and off-street parking facilities for the development will produce an environment of stable and desirable character.

4.    Municipal services can be provided to the development, and the costs of providing services can be absorbed by the City, or offset by development fees paid by the applicant or improvements included in the development proposal.

When the City Council has requested the Planning Commission to study and report upon a zoning ordinance or amendment, and the Planning Commission fails to act upon such request within a reasonable time, the City Council may, by written notice, require the Planning Commission to render its report within forty days. Upon receipt of the written notice, the Planning Commission, if it has not done so, shall conduct a public hearing. Failure to so report to the legislative body within the forty-day time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance. (Ord. 1196 § 2 (part), 1995: Ord. 977 § 1 Ex. A (part), 1987)

18.136.060 Planning Commission recommendation to City Council.

After the public hearing, the Planning Commission shall render its decision in the form of a written recommendation to the City Council. Such recommendation shall include the reasons for the recommendation, findings supporting the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the City Council in the form of a Council memo, prepared by Planning Staff, with a copy of the approved minutes from the Planning Commission meeting. (Ord. 1196 § 2 (part), 1995: Ord. 977 § 1 Ex. A (part), 1987)

18.136.070 Notice, hearing and decision by the City Council.

Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing with notice given pursuant to Section 18.136.040. However, if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council shall not be required to take any further action on the amendment unless an interested party files an appeal with the City Clerk within five days after the Planning Commission transmits action minutes of the decision to the City Council.

In reviewing the amendment, the City Council shall make the findings listed in Section 18.136.050 and approve or deny the proposal based on the appropriate findings.

A change in a district boundary shall be indicated on the zoning map following enacting an ordinance amending the map. (Ord. 1196 § 2 (part), 1995: Ord. 977 § 1 Ex. A (part), 1987)

18.136.080 Commission review of City Council changes.

The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, that any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty days after the reference, or such longer period as may be designated by the legislative body, shall be deemed to be an approval of the proposed modification. (Ord. 1196 § 2 (part), 1995: Ord. 977 § 1 Ex. A (part), 1987)