Procedures

10-2.2504 Zoning Amendments.

(a) Purpose. The purpose of this section is to set forth the method by which the zoning map and/or the zoning regulations of this chapter may be amended.
(b) Initiation of amendments.

a. Action of the City Council or Planning Commission.
b. Application. The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division. Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

1. The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
2. If property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents shall join in filing the application.
3. A map showing the location and street address of the property that is the subject of the amendment shall be submitted along with the completed application.
4. Where the proposed Zoning Map Amendment also requires an amendment to the General Plan map, the amendment to the General Plan shall be considered concurrently with the application.

(2) Zoning regulations. Amendments to the zoning regulations may be initiated by:

a. Action of the City Council or Planning Commission.
b. Recommendation by the Chief of Planning or the City Attorney.
c. Recommendation by the Harbor Director for regulations affecting the Harbor-Pier area.

(c) Setting hearings. Where an application has been filed by the property owner for a Zoning Map Amendment, the application shall be set for at least one public hearing before the Planning Commission in a timely fashion.
(d) Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission shall be given as follows:

a. By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
b. By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
c. By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.

(2) Zoning regulation amendment relating to permitted uses of property. If the proposed amendment is to the land use regulations affecting the permitted use of real property, the noticing shall be pursuant to subsection (d)(1) of this section, except that if the number of owners to whom notice would be mailed pursuant to this subsection is greater than 1,000, the only notice required shall be a display advertisement of at least one-eighth (1/8) page in a weekly newspaper of general circulation within the City at least ten (10) days prior to the hearing.
(3) Zoning regulation amendment relating to development standards. If the proposed amendment is to the zoning regulations and relates to development standards or regulations not relating to the permitted uses of real property, notice shall be given by publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing.

(1) Following the public hearing, the Planning Commission shall recommend approval, conditional approval or disapproval of the proposal.
(2) In the case of an application for a Zoning Map Amendment, the Planning Commission may require that a new public hearing be held to consider an expanded area or to consider alternative amendments and a new public hearing shall be held in a timely fashion.
(3) Once the Planning Commission has completed its hearings and made a recommendation for approval of the Zoning Map Amendment or the amendment to the zoning regulations, the matter shall be set for public hearing before the City Council in a timely fashion.
(4) A recommendation for denial of the Zoning Map Amendment or amendment to the zoning regulations shall terminate proceedings unless the decision is appealed.

(f) Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the denial of a Zoning Map Amendment or denial of an amendment to the zoning regulations shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1) A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
(2) The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the amendment. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.
Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(g) Notice of public hearing before the City Council. Notice of public hearings before the City Council shall be given pursuant to subsection (d) of this section.
(h) Decision of the City Council. The decision of the City Council on all proposed zoning amendments shall be final and conclusive.

(Ord. 2756 c.s., eff. January 18, 1996)

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