CHAPTER 6 - REZONING - PRECISE PLAN.

The City Council may change the provisions of this Article, including, but not limited to the boundaries of the zones herein established and the uses permitted or prohibited therein other than those changes provided for in Chapters 4 and 5 of this Division, in accordance with the procedure hereinafter set forth.

a) Proceedings for a change of zone may be initiated by application of any owner, lessee or other person having the right of possession to the land sought to be rezoned. Whenever such application is made by a person having less than the fee simple title to the land, the holders of the reversionary or remainder interests shall consent thereto in writing. A mortgagee, trustee under a deed of trust, or purchaser under a contract of sale shall not be considered the owner of the fee simple title to the land

c) Such application shall be filed with the Planning Director, accompanied by a fee as provided in Chapter 9 of this Division and shall include such information as is prescribed by the Planning Director or Commission.

(Amended by O-1904; O-2864)
Upon receipt of such application or of such notice from the City Council or upon the passage of its own motion, the Planning Commission shall:

a) Set the date, time and place for a public hearing thereon and send notice thereof to the owners of land included within a three hundred (300) foot radius of the exterior boundaries of the land sought to be rezoned as shown on the last equalized assessment roll; and

b) Publish a notice of such hearing at least once in a newspaper of general circulation within the City not less than ten (10) days before the hearing is to be held.

a) After the conclusion of said hearing, the Planning Commission shall recommend approval or denial of the application for a change of zone. It may further recommend that the Council in the event the Council grants the change of zone, impose thereon such conditions as the Commission may deem desirable to effectuate the purposes of this Article and the best interests of the City. It shall send its written recommendation and record of proceedings to the City Council. In the event the Commission shall fail to make its decision within sixty (60) days after the close of said hearing, the City Council shall be authorized to act upon the application the same as if the Commission had recommended a denial of the proposed rezoning and denial had been appealed as provided in Section 96.1.5.

b) The Commission may reconsider its recommendation approving or denying the application at the next regular meeting after the meeting at which its recommendation was made, and set and hold a new public hearing thereon in the manner provided in Section 96.1.2. Thereafter, the Commission shall affirm its recommendation to approve or deny the application or rescind and reverse such recommendation. Such reconsidered recommendation shall not be subject again to reconsideration.

Upon receipt of the recommendation of the Planning Commission, the City Council shall set and conduct a public hearing thereon in the manner provided in Section 94.1.3. of Chapter 4 of this Division.

b) If the change of zone is granted, the Council may impose such conditions thereon as the Council may deem desirable to effectuate the purpose of the Official Land Use Plan and the best interests of the City. A change of zone shall not become effective until the passage of an ordinance changing the zone. Prior to the passage of such ordinance, the Council may reconsider its decision, set and hold a new public hearing thereon in the manner provided in Section 96.1.2. Thereafter the Council shall grant or deny the change of zone, but such reconsidered decision shall not be subject again to reconsideration.

c) If the change of zone is denied, the decision of the Council shall be final; provided, however, that the Council may reconsider its decision at either of its next two regular meetings, and set and hold a public hearng thereon in the manner provided in Section 96.1.3. Thereafter the Council may grant or deny the change of zone, but such reconsidered decision shall not be subject again to reconsideration. A change of zone so granted shall not become effective until the passage of an ordinance changing the zone.

(Added by O-1857)
Notwithstanding any other provision of this Article, when an application is made for a change of zone, it shall be deemed conclusively to include an application for a change from the zone to which the subject property is classified to any other zone.

a) Precise plans may be initiated by the City Council, the Planning Commission, the Planning Director or by the owner or developer of a parcel of land for which the precise plan is designed. Whenever the application is made by a person having less than the fee simple title to the land, the Planning Commission shall require that the holders of the reversionary or remainder interests consent thereto in writing.

a) Provisions for the utilization of land and the utilization and design of buildings and other improvements, the height and bulk of buildings, and the open spaces about buildings.

b) Limitations on the location of buildings and other improvements with respect to existing or planned rights-of-way and establishing precise locations for planned rights-of-way.

1) Set the date, time and place for a public hearing thereon before the Planning Commission and send notice thereof to the owners of land in the City included within a three hundred (300) foot radius of the exterior boundaries of the land to be subjected to the precise plan, as shown on the last equalized assessment roll; and

2) Publish a notice of such hearing at least once in a newspaper of general circulation within the City not less than ten (10) days before a hearing is to be held.

b) The Planning Commission shall conduct the hearing in an informal manner. The rules of evidence shall not apply. The hearing may be continued from time to time without the giving of further notice, other than an announcement at the time of continuance of the date, time and place of such continued hearing.

b) If the precise plan is approved, the Commission may impose thereon such conditions as the Commission may deem desirable to effectuate the purpose of the Official Land Use Plan and the best interests of the City. A precise plan shall not become effective until the passage of a written resolution of the Commission approving the plan. Prior to the passage of such resolution, the Commission may reconsider its decision, set and hold a new public hearing thereon in the manner provided in Section 96.2.3. Thereafter the Commission shall approve or disapprove the plan, but such reconsidered decision shall not be subject again to reconsideration.

c) If the precise plan is disapproved, the decision of the Commission shall be final unless appealed pursuant to the provisions in Section 96.2.5.; provided, however, that the Commission may reconsider its action at its next regular meeting, rescind the motion disapproving the plan, and set and hold a new public hearing thereon in the manner provided in Section 96.2.3. Thereafter the Commission shall approve or disapprove the plan, but such reconsidered decision shall not be subject again to reconsideration.

(Amended by O-2022; O-2822)
The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.