Chapter 18.125
ZONING ORDINANCE AMENDMENTS

Sections:

18.125.010    Applicability.

18.125.020    Initiation of amendments.

18.125.030    Application.

18.125.040    Report – Notice and public hearing.

18.125.050    Planning commission action.

18.125.060    City council action.

18.125.070    Limitations on residential rezoning.

18.125.080    Revisions of proposed amendments.

18.125.090    Resubmittal of application.

18.125.010 Applicability.

The zoning designations may be changed by amending the zoning map, and the zoning regulations may be changed by amending this title. (Ord. 710 § 35-34.1, 1996; 1991 code § 35-34.1)

18.125.020 Initiation of amendments.

A. Zoning map. An amendment to the zoning map may be initiated by motion of the city council or planning commission, action of the zoning administrator, or by request of all owners of property for which the change is sought.

B. Zoning regulations. An amendment to the zoning regulations may be initiated by motion of the city council or the planning commission, action of the zoning administrator, or by request of any resident, property owner or business owner in the city. (Ord. 710 § 35-34.2, 1996; 1991 code § 35-34.2)

18.125.030 Application.

A. Zoning map. A property owner may initiate a zoning map amendment by filing an application in the form approved by the zoning administrator.

B. Zoning regulation. A property owner, resident or business owner shall initiate an amendment to the zoning regulations by submitting an application in the form approved by the zoning administrator. (Ord. 710 § 35-34.4, 1996; 1991 code § 35-34.4)

18.125.040 Report – Notice and public hearing.

A. Report. The zoning administrator shall set a date, time and place for a public hearing and prepare a report to the planning commission on the proposed zoning map or zoning regulation amendment. The report shall describe the area or subject to be considered for change and, if warranted, propose alternative amendments.

B. Notice and public hearing. Notice of the public hearing on the proposed amendment shall be given in accord with PHMC Chapter 18.80. The planning commission may schedule a combined public hearing on multiple applications for zoning map or text amendments. (Ord. 710 § 35-34.6, 1996; 1991 code § 35-34.6)

18.125.050 Planning commission action.

A. Public hearing. At the public hearing, the planning commission shall consider the report from the zoning administrator and shall hear evidence for and against the proposed amendment. The planning commission may continue the public hearing to a definite date and time without additional notice.

B. Recommendation to city council. Following the public hearing, the commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan, the purposes of this title, and the limitations on residential rezoning prescribed in PHMC § 18.125.070, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form.

C. Result of planning commission denial. A planning commission recommendation of denial of an application for a zoning map or zoning regulation amendment submitted by request terminates the proceedings, unless appealed. All other planning commission actions on proposed zoning map or zoning regulation amendments are automatically referred to the city council. (Ord. 710 § 35-34.8, 1996; 1991 code § 35-34.8)

18.125.060 City council action.

A. Hearing date and notice. The zoning administrator shall set a public hearing before the city council within 60 calendar days after the date of the planning commission recommendation. Notice of the hearing shall be provided as set forth in PHMC Chapter 18.80.

B. Public hearing. At the public hearing, the council shall hear evidence for and against the proposed amendment. The council may continue the public hearing to a definite date and time without additional notice.

C. Council decision. After the public hearing, the council shall approve, modify, or reject the commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 calendar days after referral, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification. Before adopting an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan. (Ord. 710 § 35-34.10, 1996; 1991 code § 35-34.10)

18.125.070 Limitations on residential rezoning.1

The City of Pleasant Hill shall not rezone any area or property zoned for residential use to increase density or change land use unless the following conditions are met:

A. Seventy-five percent of the boundary of the area or property to be rezoned must be adjacent to land having the same or greater density zoning designation than the proposed zoning for the area or property. This provision shall not apply to properties not greater than 20,000 square feet deemed unsuitable for residential use by virtue of noise, traffic, and immediate proximity to commercial uses, which provide a buffer between business and residential areas; and for properties with a lower density zoning than R-10 which may be rezoned R-10;

B. Development of the area or property to be rezoned shall not have growth-inducing impacts on existing residential neighborhoods;

C. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and

D. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. (Ord. 710 § 35-34.12, 1996; 1991 code § 35-34.12)

18.125.080 Revisions of proposed amendments.

A. Revisions. Before approving an amendment, the commission or the council may consider revisions which were not in the original proposal, such as: (1) revising the boundaries of an area proposed for a zoning map amendment; (2) considering revised zoning map designations; or (3) considering revised zoning regulation amendments.

B. Supplemental notice. Notice shall be given before a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. (Ord. 710 § 35-34.14, 1996; 1991 code § 35-34.14)

18.125.090 Resubmittal of application.

Following denial of an application or request for an amendment to the zoning regulations or the zoning map, no new application or request for the same, or substantially the same, amendment shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-34.16, 1996; 1991 code § 35-34.16)


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    Editor’s note: This provision was adopted by an initiative measure passed by the voters of the City of Pleasant Hill on June 3, 1986, and was reaffirmed by the city council by the adoption of Ordinance 710, adopted on October 21, 1996.