Zoning is a legislative act involving police power asserted
in the interests of public health, safety and general welfare. The
zoning process includes the creation and modification of the comprehensive
zoning law which establishes designated zones with permitted uses
and regulations, as well as the comprehensive and uniform application
of zoning regulations by classification and reclassification of property
into designated zones. It is the purpose of this chapter to provide
a zoning procedure which will offer a clear, definite guide to property
owners seeking zoning adjustments. It is intended that these procedures
will protect the public welfare, promote sound community planning
and assure the maximum degree of protection for individual property
rights.
(Ord. 94-884; Ord. 601 § 1, 1983)
A. Whenever
the public necessity, convenience, general welfare or good zoning
practice justifies such action, whenever such action is in substantial
conformance with the General Plan of the City, and after due consideration
and report on same by the Planning Commission, the City Council may,
by ordinance, create, amend, supplement or change the uses and regulations
of the comprehensive zoning law, or include or place any property
within the City into any zone as created and defined in this chapter.
B. Such
changes may be initiated by the following:
1. The
verified application of one or more owners of all property proposed
to be so changed or reclassified;
2. Resolution
of intention of the Planning Commission;
3. Resolution
of intention of the City Council.
(Ord. 94-884; Ord. 601 § 1, 1983)
Application for change in zone boundaries, classification or
reclassification of zones, or amendments to the General Plan shall
conform to the following requirements:
A. Applications
shall be made by one or more owners of property to be zoned or rezoned.
Applications shall be verified for proper signature.
B. Applications
shall be made on forms prescribed by the Community Development Department
and shall be filed in the office of the Community Development Department.
C. Applications
shall be accompanied by a Coastal Development Permit application and
by such data and information necessary to assure a full presentation
of the facts and circumstances to justify the reasonableness of the
proposed action.
D. Applications
for a specific plan may be submitted for consideration concurrently
with the rezoning application.
E. No
application from one or more property owners of the same property,
or essentially the same property, which has been denied by the Planning
Commission or City Council shall be accepted by the Community Development
Department within twelve months of such denial; provided, however,
that the Planning Commission or City Council may permit the processing
of such application by the affirmative vote of a majority of their
members.
F. Where
the application omits property which could be considered to form a
logical extension or completion of existing or proposed zone boundaries,
the Community Development Department shall have the discretion to
include such property in the notice of hearing on such application,
provided such property represents not more than twenty-five percent
of the total area under consideration for rezoning. Notice of hearing
shall include the information that the Planning Commission will consider
reclassification of other property than that for which application
is made.
G. An
application may be refused to be accepted by the Community Development
Department unless it complies with the requirements of this chapter
and unless it is completely filled out.
(Ord. 94-884; Ord. 601 § 1, 1983; Ord. No.
2002-981 § 14, 2002)
Upon the filing of a valid application or the adoption of a
resolution of intention by the Planning Commission or the City Council,
the matter shall be set for public hearing before the Commission by
the Community Development Department. The date of such hearing shall
be not less than ten days nor more than sixty days from the time of
filing of a complete application or the adoption of such resolution
of intention, except that a later date may be scheduled on mutual
agreement of the applicant and the Community Development Department.
(Ord. 94-884; Ord. 601 § 1, 1983)
Notice of the time, place and purpose of public hearing shall
be given in the following manner:
A. Notice
of hearing shall be published at least once in a newspaper of general
circulation published and circulated in the City, as provided by City
ordinance or policy, no less than ten days prior to the date set for
the public hearing.
B. Notice
of hearing shall be made by mailing a postal card or letter to all
of the owners of property within three hundred feet of the exterior
boundary of the property involved, as well as the owners of the subject
property, such owners and their addresses being established for this
purpose by the latest tax assessment rolls provided by the county
assessor; provided, however, that in the case where the ownership
or address has recently changed and such knowledge is available to
the Community Development Department, notice shall also be sent in
this manner to the current owners of the property, such notice to
include the nature of the proposal, a description of the property
under consideration, and the time and place of the public hearing.
C. In
certain cases where mailed notice of hearing is deemed to be impractical,
notice may be effected by posting upon the subject property and within
the area of the subject property a notice bearing the same information
as contained in the notice to be mailed. If more than one property
is involved, and posting is done, then notices shall be posted not
more than one hundred feet apart on the side of the street upon which
the property fronts, for a distance of not less than three hundred
feet in each direction from the property. The notice shall be posted
at least ten days prior to the date set for the public hearing, and
the Community Development Department shall sign an affidavit of posting
to be held in the record.
D. No
defect or irregularity in the giving of such notice shall invalidate
the public hearing.
E. Where
application is made for a change of classification or change of boundaries,
or a variance, or a conditional use permit, the Community Development
Department or the Planning Commission shall have the discretion to
include in the notice of hearing on such application notice that the
Planning Commission will consider classification of other than that
for which application is made and/or additional properties and/or
uses.
(Ord. 94-884; Ord. 601 § 1, 1983)
A. The
Planning Commission may, by minute action, establish its own rules,
regulations and procedures for conduct of public hearings, including
the time and place of the hearings.
B. The
member of the Planning Commission presiding at a hearing is empowered
to administer oaths to any person testifying before it.
C. The
provisions of Section 56801 of the
Government Code, relating to evidence
and procedure in zoning matters, are adopted by reference and shall
apply to hearings under this title.
D. If,
for any reason, testimony on any case set for public hearing cannot
be completed on the day set for such hearing, the Planning Commissioner
presiding at such public hearing may, before the adjournment or recess
thereof, publicly announce the time and place to and at which the
hearing will be continued, and such announcement shall serve as sufficient
notice of such continuance and without recourse to the form of announcement
of public notice as provided for elsewhere in this title. Any hearing
may be continued from time to time. In the absence of a quorum, the
Community Development Department on behalf of the Planning Commission,
and the City Clerk, on behalf of the Council, may continue a hearing
to the next regular meeting.
E. A summary
of all pertinent testimony offered at a public hearing and the names
of the persons testifying shall be recorded and made a part of the
permanent files of the case.
(Ord. 94-884; Ord. 601 § 1, 1983)
If the application is recommended for approval or a more restrictive
zone is recommended, the Planning Commission shall forward its resolution
and the application, and all other matters pertaining to the recommendation,
to the City Clerk, who shall cause the matter to be set for hearing
before the City Council in the manner prescribed by the City Council.
If the Planning Commission should fail to make a finding and determination
within forty days of the completion of the public hearing, the matters
shall be deemed denied and the applicant shall be notified in writing.
(Ord. 94-884; Ord. 601 § 1, 1983)
A. If
the application for change or reclassification or adoption or amendment
of the comprehensive zoning law is denied by the Planning Commission,
the applicant or any interested party may, within ten days of the
date of denial, appeal to the City Council by written notice of appeal
filed with the City Clerk. Such appeal shall set forth specifically
wherein the Planning Commission's findings were in error and wherein
the public necessity, convenience, welfare or good zoning practice
require such change or reclassification.
B. Upon
receipt of such appeal, the City Clerk shall set the matter for public
hearing in the manner prescribed and shall forward the findings of
fact to the City Council.
C. The
City Council may, after the public hearing and consideration of the
matter, affirm the action of the Planning Commission or may grant
the appeal or a modification thereof by the affirmative vote of not
less than a majority of its total membership; provided, that any modification
of the recommended ordinance or a grant of appeal from the denial
of the Planning Commission shall first be referred to the Planning
Commission for report and recommendation, but 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
shall be deemed to be approval of the proposed modification or grant
of appeal, and the Council may thereafter adopt, by ordinance, the
modification thus referred by the Planning Commission.
(Ord. 94-884; Ord. 601 § 1, 1983; Ord. No.
2002-981 § 15, 2002)
Neither the Planning Commission nor the City Council may attach
any conditions to the zoning of any property and the property owner
shall be authorized, without restriction, to use the property for
the uses and purposes enumerated in the zone subject only to the regulations
of the zone or the general conditions of this title, provided, however,
that the Planning Commission may recommend, or the City Council may
require, on its own motion, the following:
A. That
all public improvements, including paving of streets and alleys, curbs,
gutters, sidewalks, sewers and drainage facilities, as well as necessary
dedication deemed needed to serve the uses authorized under the proposed
zoning, be installed as a precedent to the zoning in order to prevent
the imposition of a burden upon the community and the City created
by such uses;
B. That
a Specific Plan for the development of the property be submitted and
approved by the Planning Commission and City Council before the zoning
recommended for the property becomes effective; such Specific Plan
may include, but not be limited to, the location of the building or
buildings, the proposed use of the land, architectural and landscaping
features, parking areas and building elevations. The criteria for
requirement of a Specific Plan shall be established by the Planning
Commission as determined by State law.
(Ord. 94-884; Ord. 601 § 1, 1983)