Article 40.36 — AMENDMENTS — Davis Zoning Code

§ 40.36.010. Authority. ¶

This chapter may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and general welfare require such amendment.

(Ord. 296 § 34.1)

§ 40.36.020. Application for amendment; fee. ¶

Application may be initiated by the city council or the planning commission or by application of one or more property owners affected by the proposed amendment, which application, in the case of an individual applicant, shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130 , no part of which shall be refundable. If an amendment to the general plan is requested, the applicant shall pay a fee as prescribed by city resolution adopted pursuant to Section 40.01.130 , no part of which shall be refundable. (Ord. 296 § 34.2; Ord. 561 § 1; Ord. 707 § 1)

§ 40.36.030. Accompanying maps and data. ¶

(a) An application for an amendment shall be filed on a form prescribed for that purpose by the city and shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed amendment is in general conformance to the master plan of the city and that public necessity, convenience and general welfare require the adoption of the proposed amendment.
(b) An accurate and precise legal description and map of the subject property and existing buildings shall be submitted with the application. The map shall be drawn from and at the same scale as the county assessor's block book maps and shall include the following information:
- (1) All parcels of land, any parts of which are closer than three hundred feet from any part of the property proposed to be rezoned.
- (2) The full names and addresses of record owners of all parcels as described in subsection (b)(1) of this section, within three hundred feet.
- (3) Existing streets, streets proposed by an officially adopted plan of the city and all surface drainage channels.
- (4) Existing zoning of all land within the distance of three hundred feet of the property proposed to be rezoned.
(Ord. 296 § 34.3)

§ 40.36.040. Public hearing by planning commission—Action by planning commission—Appeal… ¶

(a) Notice of public hearing. For the public hearing, the city shall give notice of the time and place of the hearing as required by state law.
(b) Action by planning commission at conclusion of hearing. If, at the conclusion of the public hearing, the planning commission decides to recommend amendment of this chapter, the recommendation shall be by resolution of the commission carried by a majority vote of the total voting members of the planning commission.
(c) Submission of recommended amendment to city council. A copy of any recommended amendment to this chapter shall be submitted to the city council and shall be accompanied by a written report of findings, summary of hearing and recommendations of the planning commission.
(d) Denial of application and amendment by planning commission. In the event the planning commission recommends denial of the application, with or without a public hearing, the applicant may appeal the determination to the city council by filing a written notice of appeal with the city clerk within fifteen days after the determination of the planning commission. The notice of the appeal shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130 . No part of such fee is refundable, except, at the discretion of the city council, fees may be refunded in whole or in part.

(Ord. 296 § 34.4; Ord. 1069 §§ 1—3)

§ 40.36.050. Public hearing by city council. ¶

(a) After receipt of a copy of any recommended amendment to this chapter from the planning commission and before adopting any amendment, the city council shall call a public hearing and shall give notice of the time and place of the hearing by one publication in a newspaper of general circulation in the city at least ten days prior to such hearing and by mailed notice to all owners of property within five hundred feet of the property proposed to be rezoned. Notice of the hearing shall also state substantially the following, pursuant to California Government Code Section 65009 , as amended September 30, 1984:
(b) If action taken on the application for rezoning or for amendment of this chapter is challenged in court, the challenge may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the public hearing.
(c) Failure of owners to receive notice of the hearing shall in no way affect the validity of any action taken.
(Ord. 296 § 34.5; Ord. 1323 § 6; Ord. 2165 § 8, 2005)

§ 40.36.060. Procedure by city council if notice of appeal is filed. ¶

If the planning commission has recommended denial of an application for rezoning or amendment of this chapter and a notice of appeal has been filed, the city council shall set the application for public hearing following the procedure set forth in Section 40.36.050 . (Ord. 296 § 34.6; Ord. 1859 § 25)

§ 40.36.070. Required findings of city council. ¶

In order to amend this chapter, the city council shall find the following:

(a) That the proposed amendment is in general conformance with the city master plan.
(b) That the public necessity, convenience and general welfare require the adoption of the proposed amendment.
(Ord. 296 § 34.7)

§ 40.36.080. Change by city council in recommendation of planning commission. ¶

If the city council proposes to adopt an amendment to this chapter not previously considered by the planning commission, such amendment shall first be referred to the planning commission for report and recommendation. If the planning commission has not held a public hearing on the proposed amendment, it shall do so under the procedure set forth in Section 40.36.040 . The failure of the planning commission to report to the city council within forty days after referral shall be deemed to be approval of the proposed amendment to this chapter. No modification of any planning commission recommendation which is clerical in nature or related to punctuation or to rewordings which do not affect the substance of the planning commission recommendation, in the opinion of the city council, need be referred back to the planning commission pursuant to this section.

(Ord. 296 § 34.8; Ord. 1102 § 2)

§ 40.36.100. Effect of denial. ¶

In case an application for an amendment to this chapter is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property shall be substantially different from the application denied, in the opinion of the planning commission to be eligible for consideration within one year of the denial of the original application. (Ord. 296 § 34.10)