Whenever the public health, safety and general welfare warrants,
the city council may, by ordinance after a report by the planning
commission and subject to the procedures provided in this chapter,
amend, supplement or change the regulations for zoning of property
now or hereafter established by these regulations. An amendment or
rezoning may be initiated by the planning commission, the city council,
or by a petition of property owners or authorized agents of such owners.
(Ord. of 2-22-2011(1))
Petitions for rezoning of property shall be filed with the planning
department upon such forms and accompanied by such data and information
as may be prescribed for that purpose by the planning commission.
In addition, the notice and procedure requirements of the Coastal
Commission's local coastal program regulations shall also apply to
all petitions for rezoning and amendments.
(Ord. of 2-22-2011(1))
A.
Upon
the initiation or filing of such petition for rezoning or upon the
initiation of procedure for an amendment, the same shall be set for
hearing before the planning commission by the planning director.
B.
Notice
of the time, place, and purpose of such hearing shall be given by
the following method:
1.
Amendment
Hearings. At least one publication in the official newspaper of the
city at least ten working days prior to the date of the hearing.
2.
Proposed
Rezoning Hearings. Publication of at least one notice in the official
newspaper of the city at least five days prior to the date of the
hearing. At least seven days before the hearing of said rezoning a
notice of said hearing shall be mailed to the petitioners and to residents
and owners of properties which are within three hundred feet of the
property proposed to be rezoned, and to those names on record requesting
such notices.
(Ord. of 2-22-2011(1))
A.
The
city council, upon receipt of the recommendation of the planning commission
on amendment or rezoning, shall set the same for hearing.
B.
Notice of the time, place, and purpose of such hearing shall be given by causing a notice thereof to be published in at least one regular issue of the official newspaper of the city at least ten days before said hearing. No hearing shall be required for a planning commission denial on a rezoning; however, in the event of an appeal, Section 17.81.060 shall be the procedure for the city council in hearing an appeal on a recommendation of denial by the planning commission.
(Ord. of 2-22-2011(1))
A.
If
the planning commission finds that the public health, safety, and
general welfare warrant the change of regulations or zones, and such
change is consistent with the applicable land use policies set forth
in the coastal element of the general plan, the planning commission
may recommend such change to the city council. The city council may,
by ordinance, effect such change upon approval by state's Coastal
Commission. The planning commission shall not be bound to recommend
the identical change of regulations on are-as petitioned for or initiated
but may recommend a more restrictive zone or regulation or an area
smaller than that originally petitioned for or initiated if such change
is warranted by the public health, safety, and general welfare and
is consistent with the applicable land use policies set forth in the
coastal element of the general plan. Such process shall not take less
than six weeks.
B.
If the planning commission finds that the public health, safety, and general welfare does not warrant the change of zones or regulation or such change is not consistent with the applicable policies set forth in the coastal element of the general plan, said determination of findings shall be final and conclusive unless an appeal is filed with the city council as provided in Section 17.81.060.
C.
In
the case of petitions to rezone, if the planning commission fails
to make a determination of finding either disapproving or approving
said petition within sixty days after the close of public hearing
thereon, said failure shall constitute approval of said petition;
provided, that this time limitation shall not apply in the event the
petitioner agrees to the delay.
(Ord. of 2-22-2011(1))
A.
Any
persons dissatisfied with any action of the planning commission on
an amendment or rezoning may appeal therefrom to the city council
at any time within ten days after rendition of the decision of the
planning commission. The appeal is taken by filing a notice of appeal
with the city and a copy thereof with the planning commission. Upon
filing a notice of appeal, the planning director must, within ten
days, transmit all exhibits, notices, affidavits, orders, and other
papers and documents on file with the planning commission, together
with the report of the commission to the city council.
B.
The
city council shall hold a hearing upon said appeal after mailing written
notice to the appellant and all other and concerned and interested
parties as established by their filing of the proper request, and
by causing a notice to be published in at least one regular issue
of the official newspaper of the city at least ten days prior to said
hearings by the city council.
C.
If
the report and recommendation of the city planning commission should
be unfavorable to the proposed amendment for rezoning, no such amendment
or rezoning shall be adopted without four members of the city council
voting in its favor.
D.
The
city council, prior to making any substantial changes to the planning
commission's recommendation, shall return the matter to the planning
commission for their consideration and report of the proposed substantial
changes.
(Ord. of 2-22-2011(1))
The planning commission or the city council at their discretion
may permit the withdrawal of any petition or appeal filed under this
chapter. The planning commission or the city council may abandon any
proceedings for an amendment or rezoning initiated by itself. Withdrawal
of any petition or appeal shall terminate all proceedings in reference
thereto.
(Ord. of 2-22-2011(1))
If a petition for rezoning is denied by either the planning
commission or the city council, another petition for reclassification
of the same property or any portion thereof shall not be filed for
a period of one year from the date of final denial.
(Ord. of 2-22-2011(1))
