Chapter 17.92
AMENDMENTS
Sections:
17.92.020 Initiation of amendments.
17.92.030 Amendment application.
17.92.040 Planning commission procedure.
17.92.050 Planning commission action.
17.92.060 City council procedure.
17.92.070 City council action.
17.92.010 General.
This title, including the text and zoning map, may be amended by changing the boundaries of districts or by changing any other provisions, whenever the public necessity and convenience and general welfare require such amendment. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (9.010), 1980].
17.92.020 Initiation of amendments.
An amendment to the text or zoning map may be initiated by:
A. Motion or resolution of the planning commission.
B. Motion or resolution of the city council.
C. Application by one or more property owners, or their agents, of property affected by the proposed amendment. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (9.020), 1980].
17.92.030 Amendment application.
A. Text. An application for amendment to text shall include the following information and be filed with the city planning director:
1. Name(s) and addresses of the individual(s) or group requesting the change.
2. Change requested including section number.
3. Reasons for the change requested.
4. Expected results of the change being granted.
5. For quasi-judicial proposals affecting one or several specific properties, proposed findings of fact shall be submitted, showing:
a. That the proposal is in conformance with the letter and intent of the comprehensive plan.
b. That the proposal will not cause serious negative impacts on surrounding and affected areas.
c. That unavoidable impacts have been mitigated to a reasonable and feasible extent.
B. Map. An application for amendment, addition or designation of property affected by a map change, other than a legislative change, shall include the following information and be filed with the city planning director:
1. Name(s) and addresses of the individual(s) or group requesting the change.
2. Change requested including the current map zone district and the requested new map zoning district.
3. Legal description of property involved and county assessor’s map numbers and tax lot numbers.
4. A map showing the lot lines and any easements on the property affected and all adjacent properties within a radius of 300 feet of the boundaries of the property for which the change is requested.
5. A list of names and addresses of all property owners of record affected by the proposed amendment.
C. Filing Fee. A filing fee as prescribed by the city council. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (9.030), 1980].
17.92.040 Planning commission procedure.
The planning commission shall review the request for amendment at a public hearing and submit its report and recommendation to the city council. Upon receipt of a complete application for a quasi-judicial amendment, such a hearing shall be scheduled, and the application shall be processed as a Type A land use decision, pursuant to Chapter 17.96 EPMC. In a quasi-judicial proceeding, the planning commission shall also recommend proposed findings of fact to the city council, which findings may be the applicant’s, the applicant’s with revisions, or the commission’s own. If the commission recommends denial of the application, its findings shall explain why the applicant has failed to carry its burden of proof on one or more of the required findings. If the matter is for other than quasi-judicial amendment, public notice of the hearing shall be published in a local newspaper (or in a newspaper of general circulation within the city) at least once during the week prior to the week in which the public hearing is to be held. This notice shall contain a general description of the proposed action, and the date, time and place of the hearing. If the date, time and place of the city council hearing are known, notice thereof may be combined with notice of the hearing before the planning commission. [Ord. 9-93 § 1 (Exh. A), 1990; Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (9.040), 1980].
17.92.050 Planning commission action.
A. General. The planning commission shall review the applicant’s information, city staff provided information, public provided information documents of the city, available information and view sites as they determine are necessary to make their findings and recommendations. The planning commission shall submit its report as provided above within 60 days from the date that the item appears on the initial agenda, and may recommend:
1. Approval of the amendment.
2. Denial of the amendment.
3. Approval of the amendment with conditions.
4. The zone district be enlarged, diminished or reclassified to a district other than the district requested.
B. Abandonment or Withdrawal of Amendments. The planning commission, by motion, may abandon any proceedings for an amendment initiated by its own motion or resolution; provided, that the abandonment motion occurs during proceedings of the planning commission; and provided, that any public meeting scheduled to discuss the matter has been held. The applicants for requested amendments may request the matter be withdrawn from further consideration at the planning commission meeting where the matter is scheduled for planning commission action. [Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (9.050), 1980].
17.92.060 City council procedure.
A. Public Hearing and Notice. Upon receipt of the commission’s report, recommendation and findings, the matter shall automatically be set for public hearing before the city council and, if the application being acted on is for a quasi-judicial amendment, it shall continue to be processed as a Type A land use decision, pursuant to Chapter 17.96 EPMC. If the matter is for other than a quasi-judicial amendment, public notice of the hearing shall be given in the same manner as for a hearing on such matters before the planning commission as provided by EPMC 17.92.040.
B. Decision. The city council shall render its decision within 60 days after said public hearing unless a later time is agreed to by mutual consent of the city council and applicant.
The city council may refer the matter back to the planning commission for further study if the city council is considering adopting an amendment substantially altered from the recommendation of the planning commission. The planning commission shall consider said amendment within 30 days of the referral and report back to the next meeting of the city council. In the event the planning commission fails to submit its report, the council may proceed without such report. [Ord. 9-93 § 1 (Exh. A), 1990; Ord. 9-62A § 1, 1982; Ord. 9-55 § 1 (Exh. A §§ 22, 23), 1981; Ord. 9-52 § 1 (9.060), 1980].
17.92.070 City council action.
A. General. The city council shall review all information and documents and view sites as they determine necessary to make their findings and decisions.
The city council’s findings to support their action and decision shall be in resolution of intent or ordinance form which may determine to:
1. Approve the amendment.
2. Deny the amendment.
3. Approve the amendment with conditions.
4. Enlarge or diminish the zone district or reclassify the district to a district other than the district requested.
5. Refer the matter back to the planning commission for further consideration.
6. Postpone action on the amendment to a time specified providing additional information is required and the applicants or their representatives agree to such postponement.
B. Resolution of Intent. Based on the facts presented and the findings of the city council, if the city council determines that the public health, safety, general welfare and convenience will be best served by the proposed change of zones, the city council may indicate its general approval in principle of the proposed rezoning by adoption of a resolution of intent to rezone. The resolution may also include any conditions, stipulations, or limitations which the council may feel are required to protect the public interest as a prerequisite to final action. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the part of the applicant, shall make such a resolution a binding commitment on the city council.
A resolution of intent shall not be used to justify spot zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in the proposed zoning district or by imposing setbacks, size or coverage restrictions not specified in the ordinance for the zoning district classification, or as a substitute for a variance.
C. Ordinance. Upon determining that the applicant has met the burden of proof, and where applicable has fulfilled the conditions of a resolution of intent, the city council shall effect the rezoning by ordinance. The ordinance shall include the council’s adopted findings of fact in the case of a quasi-judicial amendment. For an approval, the findings may be the applicant’s, the applicant’s with revisions, or the council’s own. With a denial, the findings shall explain why the applicant has failed to carry the burden of proof on one or more of the required findings.
D. Null and Void Resolution of Intent. Failure of the applicant to meet any or all conditions, stipulations or limitations contained in the resolution of intent, including the time limit placed in the resolution, shall render the resolution of intent to rezone null and void, unless an extension is granted by the city council.
E. Resubmission of Denied Petition. In the event a petition for an amendment is denied by the city council, said petition shall not be eligible for resubmittal for one year from the date of denial unless specifically stated by the city council to be without prejudice.
A new petition affecting the same property must be, in the opinion of the planning commission, substantially different than the petition denied to be eligible for consideration within the one-year period. [Ord. 9-66 § 1 (Exh. A), 1984; Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (9.070), 1980].