Chapter 18.76 — AMENDMENTS — Guadalupe Zoning Code

§ 18.76.010. Procedure generally. ¶

Except as otherwise provided herein, any amendment to this title may be initiated and adopted in the same manner as other ordinances are amended or adopted. (Ord. 189 Art. 5 §6, 1980)

§ 18.76.020. Initiation. ¶

Any amendment to this title which changes any land from one district to another district, or imposes any regulation, shall be initiated by:

A. The filing with the Planning Commission of a resolution of intention of the City Council;
B. Passage of a resolution of intention by the Planning Commission; or
C. Filing with the Planning Commission of a petition of one or more record owners of land which is the subject of the proposed amendment, accompanied by a fee as set by resolution.
(Ord. 189 Art. 5 §6, 1980)

§ 18.76.030. Resolution of intention—Public hearing. ¶

Upon receipt of a petition or resolution of intention of amendment, the secretary of the Planning Commission shall set a date for a public hearing thereon, not later than 45 days after the receipt of the petition or resolution.

(Ord. 189 Art. 5 §6, 1980)

§ 18.76.040. Amendments to change district boundaries. ¶

If the proposed amendment consists of a change in the boundaries of any district, the Planning Commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Chapter 18.12 of this title.

(Ord. 189 Art. 5 §6, 1980)

§ 18.76.050. Planning Commission reports and ¶

recommendations to City Council—Approval conditions.

A. After the close of the public hearing or continuations thereof, the Planning Commission shall make a report of its findings and its recommendations with respect to the proposed amendment. The Planning Commission report shall include a list of persons who testified at the hearing, a summary of the testimony at the hearing, the findings of the Planning Commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment.
B. A copy of such report and recommendation shall be transmitted to the City Council within 90 days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the City Council or the petitioner for such amendment.
C. In the event the Planning Commission fails to report to the City Council within the aforesaid 90 days, or within the agreed extension of time, the amendment shall be deemed approved by the Planning Commission.
D. The recommendations of the Planning Commission on proposed amendments shall be adopted by a majority of the total voting members of the Planning Commission.
(Ord. 189 Art. 5 §6, 1980)

§ 18.76.060. City Council action—Approval conditions. ¶

A. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of the proposed ordinance or amendment by the City Council shall first be referred to the Planning Commission for report and recommendation; but the Planning Commission shall not be required to hold a public hearing thereon.
B. Failure of the Planning Commission to report within 40 days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.
(Ord. 189 Art. 5 §6, 1980)

§ 18.76.070. Denial of application—Waiting period for new application. ¶

In case an application for an amendment to this title, conditional use permit or variance is denied such application shall not be eligible for reconsideration for one year subsequent to such denial, unless a new application affecting or including all or a part of the same property is substantially different, in the opinion of the Planning Commission, from the application denied. (Ord. 189 Art. 5 §7, 1980)

§ 18.76.080. Prezoning of unincorporated territory. ¶

The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such prezoning shall be as provided by this chapter for zoning within the City. Action to prezone may be by initiation of the Planning Commission or City Council. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 189 Art. 5 §6, 1980)