Title 17 ZONING
Chapter 17.82 AMENDMENTS*
*Note to Chapter 17.82
17.82.010 Manner generally.
17.82.020 Petition of owners--Resolution of intent.
17.82.030 Application.
17.82.040 Planning commission--Hearing-- Notice.
17.82.050 Planning commission--Abandonment of proceeding.
17.82.060 Planning commission--Report.
17.82.070 Council--Hearing.
17.82.080 Council--Action.
17.82.090 Withdrawal of petition.
17.82.100 Reapplication after denial.
17.82.110 Intermediate sequential zones.
*Note to Chapter 17.82
* For provisions on general plan amendments, see Chapter 17.90 of this
code.
17.82.010 Manner generally.
This title may be amended by changing the boundaries of zones as shown on
the official zoning maps or by changing the text of this title whenever the
public necessity, convenience, or general welfare requires such amendment.
Except as provided in Section 65853 of the Government Code, an amendment of this
title may be initiated and adopted as other ordinances are initiated and
adopted. (Ord. 336 § 2.03.000, 1977).
17.82.020 Petition of owners--Resolution of intent.
An amendment may be initiated by:
A. The petition of one or more
owners of property affected by the proposed amendment as provided by this
chapter;
B. Resolution of intention adopted by the council, or resolution of
intention adopted by the planning commission. (Ord. 336 § 2.03.010,
1977).
17.82.030 Application.
The planning director shall prescribe the forms and documents to be filed
to change property from one zone to another. The forms and documents shall be
filed with the planning director and shall be accompanied by the
following:
A. The legal description and street address of the subject
property;
B. A map drawn to scale showing the specific property proposed for
reclassification and also showing all other parcels having one or more
boundaries within a three-hundred-foot radius of the exterior boundaries of the
property proposed for reclassification. The assessor's parcel number shall be
noted on each parcel;
C. The names and mailing addresses of the property
owners for the properties shown on the map as listed on the last equalized
assessment roll for the county;
D. An environmental
questionnaire;
E. Certificate of the owner or his designated representative
requesting the change in zoning;
F. A fee as specified by resolution of the
council;
G. The existing land use for the property shown on the map and the
proposed use of the land for which the reclassification is
requested;
H. Such additional information as the planning director may
require. (Ord. 336 § 2.03.020, 1977).
17.82.040 Planning commission--Hearing-- Notice.
The planning commission shall hold a public hearing when required by
Section 65853 and 65854 of the Government Code. Notice shall be given as
required by Section 65854 and 65854.5 of the Government Code. (Ord. 336 §
2.03.030, 1977).
17.82.050 Planning commission--Abandonment of proceeding.
The planning commission may abandon any proceeding which the commission
has initiated. (Ord. 336 § 2.03.040, 1977).
17.82.060 Planning commission--Report.
After the commission has held a public hearing, it shall render its
decision in the form of a written report and recommendation to the council in
the manner provided by Section 65855 of the Government Code. Such report shall
be transmitted to the council by memorandum. The commission may recommend an
intermediate zone classification as provided in Section 17.82.110. (Ord. 336
§ 2.03.050, 1977).
17.82.070 Council--Hearing.
Upon receipt of the recommendation of the planning commission, the council
shall act thereon as provided by Section 65856 of the Government Code. If the
issue is an amendment to this title to change property from one zone to another,
and the planning commission has recommended against the adoption of the
amendment, the council shall not take any further action thereon unless an
interested party requests such a public hearing by filing a written request with
the planning director within ten days after the public hearing at which the
planning commission made its recommendation, or within five days after the
planning commission files its recommendation with the council, whichever date is
last to occur. (Ord. 336 § 2.03.060, 1977).
17.82.080 Council--Action.
The council may approve, modify or disapprove the recommendation of the
planning commission, as provided by Section 65857 of the Government Code. The
council shall not approve the proposed modification unless it determines that
the proposed modification is consistent with the general plan. (Ord. 336 §
2.03.070, 1977).
17.82.090 Withdrawal of petition.
The planning commission or the council may, prior to action on a petition,
permit the withdrawal of any petition or part thereof filed pursuant to this
chapter. (Ord. 336 § 2.03.080, 1977).
17.82.100 Reapplication after denial.
If a rezoning application is denied, another petition to rezone
substantially the same property shall not be accepted within a one-year period
unless specific approval for such filing is given by the planning commission or
the council. (Ord. 336 § 2.03.090, 1977).
17.82.110 Intermediate sequential zones.
The planning commission may recommend, and the council may adopt, without
further notice or hearing, a zone which is intermediate between the present
classification and the classification proposed for adoption, provided such
intermediate zone falls between the present and proposed classifications on the
sequence chart set forth below. The sequence categories (residential,
commercial, industrial) are independent. [Ex.: If the proposed zone is RE-20 and
the present zone is RE-2 acre, RE-30 is a proper intermediate zone, but neither
an R1-15 zone (which is in the same category, but outside the sequence), nor a
C-1 zone (which is outside the category) is an intermediate
zone.]
Category Sequence
A. Residential: R1-5
R1-6
R1-7.5
R1-10
R1-12.5
R1-15
RE-20
RE-30
RE-1
acre
RE-2 acre
RA-3
RA-5
RA-10
B. Multifamily
residential: R-2
R-3
C. Commercial: C-1
C-2
C-3
C-4
D. Industrial: M-1
M-2
E. Nonintermediate
zones: The zones listed in this subsection are not intermediate to other zoning
classifications.
O-A
PD
C-H
B-P
-DC
(Ord. 336 § 2.03.100, 1977).
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