Chapter 17.69


17.69.010    Amendments covered by this chapter.

17.69.020    Initiation.

17.69.030    Application.

17.69.040    Hearing – Notice.

17.69.050    Hearing – Conduct.

17.69.060    Decision and report.

17.69.070    Failure to report.

17.69.080    Council hearing and decision.

17.69.090    Withdrawal of petition.

17.69.100    Refiling.

17.69.110    Remedial action.

17.69.120    Amendments to the local coastal program.

17.69.010 Amendments covered by this chapter.

Government Code Section 65853 reads in pertinent part as follows:

A zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65850 not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive.

Provisions of this chapter apply to amendments described in the above quoted passage from Government Code Section 65853. (Ord. 689 § 1, 1990; Ord. 388 § 21.01, 1975)

17.69.020 Initiation.

Such amendment may be initiated by the planning commission or the city council, the owner(s) or authorized representative of the affected property. Later may be charged a set fee as the council, from time to time, may, by resolution, set. (Ord. 689 § 2, 1990; Ord. 388 § 21.02, 1975)

17.69.030 Application.

Applications for any change of district boundaries or reclassification of districts shall be filed with the secretary of the planning commission upon forms and accompanied by such data and information as may be prescribed for that purpose by the commission so as to assure the fullest practical presentation of the facts for permanent record. Each such application presented by an owner of property desirous of reclassification of property within the area proposed to be changed shall present to the planning commission a petition requesting an amendment, supplement, or change of the regulations prescribed for the particular district, and such petition shall be affirmed by said owner or owners regarding the truth and correctness of all facts and information presented with the application. (Ord. 388 § 21.03, 1975)

17.69.040 Hearing – Notice.

Upon the filing of such petition or the adoption of such resolution of intention by the council, the matter shall be referred to the commission for report and recommendation. The planning commission shall hold at least one public hearing. Notice of the time and place of hearing of the proposed amendment shall be given by one publication in a newspaper of general circulation in the city, designated for that purpose by the council. Said notice shall be published at least ten days before the date of the hearing stated in such notice. In case the proposed amendment consists of a change of boundaries of a zone or a district thereof, the planning commission shall give additional notice of the time and place of such hearings and the purpose thereof by:

A. Posting public notice thereof not less than ten days prior to the date of such hearing. Such notices shall be placed not more than one hundred feet apart along each and every street upon which the property proposed to be reclassified abuts and such posting shall extend along said street or streets a distance of not less than three hundred feet from the exterior limits of such properties as are proposed for reclassification. Such notice shall consist of the words “Notice of Proposed Change of Zone” printed in plain type with letters not less than one and one-half inches in height and, in addition thereto, a statement in small type setting forth a description of the property involved in the proposed change of zone and time and place at which the public hearing on the proposed change will be held; and by

B. Mailing a notice not less than ten days prior to the date of the hearing to the owner or owners of all property within the posting area above defined, using for this purpose the last known name and address of such owner or owners as shown upon the records of the city clerk or of the assessment roll of the county assessor. Such notice shall contain the same information as required in a posted notice as described in this section.

C. In the case of a hearing concerning only the amending, supplementing or change of the text of this title in any district, the published notice of public hearing, as provided in this section, shall suffice. Resolutions of intention of the city council and the planning commission shall follow the same procedure as set forth in this section. (Ord. 388 § 21.04, 1975)

17.69.050 Hearing – Conduct.

A. Investigation. The planning commission may cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this title and with previous amendments.

B. Quorum Required. Public hearings by the planning commission shall be conducted before a quorum of the planning commission.

C. Administering Oaths. The commission may establish its own rules for the conduct of public hearings and the member of the commission presiding at such public hearing is empowered to administer oath to any persons testifying before the commission.

D. Summary of Hearing to be Recorded. A summary of all pertinent testimony offered at the public hearing and the names of persons testifying shall be recorded and made part of the permanent files of the case.

E. Continuance Procedure of Notice. If for any reason testimony on any case set for public hearing cannot be completed on the date set for such hearing, the commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearing will be continued and such announcement shall serve as sufficient notice of such continuance and without recourse to the form of public notice as provided for in the first instance. (Ord. 388 § 21.05, 1975)

17.69.060 Decision and report.

Upon completion of the hearing the facts presented, the planning commission finds that public necessity, convenience, general welfare or good zoning practice require the change or reclassification involved, or any portion thereof, the planning commission shall make a report on its findings and recommendations with respect to the proposed amendment, supplement, or change of regulations prescribed for such district or part thereof, and shall file with the city council an attested copy of such report within sixty days after the filing of the petition or the adoption of the resolution as aforesaid. (Ord. 388 § 21.06, 1975)

17.69.070 Failure to report.

Failure of the planning commission to so report to the city council within said sixty days after the filing of the petition or the adoption of the resolution of intention, as aforesaid, shall serve to automatically and immediately refer the whole matter to the city council for such action as it deems warranted under the circumstances and the secretary of the planning commission shall immediately deliver to the city council all the records of the matter involved. Such failure on the part of the planning commission to so report within said time limit shall be deemed to be approval of the proposed amendment by the commission. (Ord. 388 § 21.07, 1975)

17.69.080 Council hearing and decision.

Upon receipt of such report from the planning commission or upon the expiration of such sixty days, as aforesaid, the city council shall set the matter for public hearing after notice thereof, and on the proposed amendment, published at least one time in a newspaper of general circulation in the city, not less than ten days prior to the date of such hearing. At the conclusion of such hearing the city council may adopt the report of the planning commission or any part thereof as set forth in the original petition or in the resolution of intention, and may pass an ordinance adopting same. (Ord. 388 § 21.08, 1975)

17.69.090 Withdrawal of petition.

Any petition for amendment may be withdrawn upon the written application of a majority of all persons who signed such petition. The city council or the planning commission, as the case may be, may abandon any proceeding 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 action and provided that any hearing of which public notice has been given shall be held. (Ord. 388 § 21.09, 1975)

17.69.100 Refiling.

If the petition for the change or reclassification is denied, no part of the fee is returnable to the applicant(s). No other petition for the change, amendment or reclassification of the same property, or any portion thereof, shall be filed within a period of one year from the date of the denial, except upon the recommendation of the planning commission or upon the initiative of the city council. (Ord. 388 § 21.10, 1975)

17.69.110 Remedial action.

Applicants for permits or zoning map changes, which have been found to be inconsistent with the general plan, may file an application for amendment of the general plan. Application fees shall be established by city council resolution. The review procedures shall follow as closely as possible the procedures outlined in this chapter for amendments to the zoning ordinance. (Ord. 388 § 21.11, 1975)

17.69.120 Amendments to the local coastal program.

Amendment proposals shall be processed consistent with the requirements of Title 14, Article 15, Section 13551 et seq., of the California Administrative Code. Amendment submittals to the California Coastal Commission are limited to three per calendar year. The number of individual amendments contained in each submittal is not limited. (Ord. 677 § 2, 1989)