zoneoptics
Ordinance chapter · Montclair, California

Chapter 11.84 - ZONING AMENDMENTS

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Chapter 11.84 - ZONING AMENDMENTS#

Sections:#

11.84.010 - Authorization.#

Whenever the public necessity, convenience, general welfare, or good zoning practices require, the City Council may, by ordinance, after a report thereon by the Planning Commission and subject to the provisions of this chapter, amend, supplement, or change the regulations, zone boundaries, or classifications of property established by this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2101)

11.84.020 - Initiation of proceedings.#

A. An amendment to the provisions of this title, or a change in the accompanying official zoning map, may be initiated by a resolution of intention by the Planning Commission or the City Council or by an application of one or more of the owners of property affected by the proposed amendment or change.

B. Applications shall be filed with the Secretary of the Planning Commission on forms which will be furnished by the Secretary, and applications shall be accompanied by such data and information as may be prescribed for that purpose by the Planning Commission to ensure the fullest practicable presentation of facts for the permanent record. In the event the application proposes a change in the official zoning map, the application shall include the following:

  1. A legal description of the property involved;

  2. A map showing the particular property for which the change of zone is requested and the adjoining properties and public streets and ways within a radius of 300 feet of the exterior boundaries thereof; and

  3. Names and addresses, typed on mailing labels, of all property owners within 300 feet from the external boundaries of the property involved as shown on the latest adopted publicly available tax roll of the County.

C. No application from an owner of the property for the same general purpose concerning the same property, which application has been denied by the Planning Commission, shall be received or processed by the Secretary of the Planning Commission within 12 months of such denial except by unanimous action of the members of the Planning Commission present at a regular meeting of the Planning Commission.

D. A filing fee per the fee schedule as established in accordance with Section 11.08.010 of this title by the City Council shall be paid at the time of the filing of an application by an owner or owner's representative, but no fee will be required in the case of a proceeding instituted by either the City Council or the Planning Commission.

(Amended during 1999 codification; Ord. 99-791 Exh. A (part); prior code § 9-4.2102)

11.84.030 - Hearing date.#

Upon the filing of any such application, the Secretary of the Planning Commission shall set a date for one public hearing before the Planning Commission. The date of the hearing shall be not less than 10 days nor more than 35 days, from the date of filing of such application.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2103)

11.84.040 - Hearing notice.#

The Secretary of the Planning Commission shall give notice of the date, time and purpose of the hearing as follows:

A. For change of official zoning map;

  1. By one publication in a newspaper having general circulation in the City at least 10 days prior to the date of the hearing,

  2. By mailed notice to owners, as their names and addresses are disclosed by the latest adopted publicly available tax roll of the County, of real property within 300 feet of the external boundaries of the property under consideration, or

  3. By conspicuously posting in front of the property under consideration, not less than 10 days prior to the date of such hearing, a notice consisting of the words, "Notice of Proposed Change of Zone Boundaries," printed in plain type with letters not less than 1 inch in height and containing a statement in legible characters setting forth a description of the property involved in the proposed change and the time and place at which the public hearing will be held before the Planning Commission. Such notices may also be conspicuously posted not more than 150 feet apart on each side of each street or public way within 300 feet of the external boundaries of the property involved;

B. For an amendment to the provisions of this title: In cases concerning a proposed change in the text of this title, notice of the time, place and purpose of such hearing shall be published once in a newspaper of general circulation in the City not less than 10 days prior to the date of the hearing, and the title of such notice shall consist of the words, "Notice of Proposed Amendment to Zoning Law," in larger type than that used for the balance of the notice.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2104)

11.84.050 - Investigations by Planning Commission.#

The Planning Commission shall cause to be made by any of its own members or by any member of its staff such investigations of facts bearing upon such application or matter set for hearing (including any analysis of precedent cases) as in the opinion of the Planning Commission will serve to provide the necessary information to enable the Planning Commission to act.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2105)

11.84.060 - Hearing records.#

A. At the time and place so fixed and noticed, the public hearing shall be conducted before the Planning Commission. The Planning Commission may establish its own rules for the conduct of public hearings, and the member of the Planning Commission presiding at such hearing is empowered to administer oaths to any persons testifying.

B. The Planning Commission may, for any reason when it deems such action necessary or desirable, continue such hearing to a time and place certain.

C. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall become a part of the permanent files of the case.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2106)

11.84.070 - Hearing—Findings and decision.#

If, from the facts presented to the Planning Commission in the application, at the public hearing, or by investigation, the Planning Commission, by a two-thirds vote of its total voting members, finds that the public necessity, convenience, general welfare, or good zoning practices require the proposed change or amendment involved, or any portion thereof, the Planning Commission shall recommend such proposed change or amendment to the City Council; otherwise it shall be disapproved. The Planning Commission shall make its findings and recommendation in writing within 40 days from the date of completion of the hearing and shall forthwith transmit a copy thereof to the applicant. If the Planning Commission recommends the approval of the proposed change or amendment, or any portion thereof, it shall transmit the application, together with its report and recommendation relative thereto, to the City Council for its action. If the Planning Commission fails to make a determination within the time limit specified, it shall lose jurisdiction, and the applicant may appeal to the City Council as provided in this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2107)

11.84.080 - City Council action.#

Upon receipt of the application, together with the Planning Commission's report and recommendations relative thereto, the City Council, after it has conducted a public hearing thereon following published notice thereof as provided in Section 11.84.040 of this chapter, may approve, modify, or disapprove the recommendations of the Planning Commission; provided, however, 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. The failure of the Planning Commission to report within 40 days after the referral, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2108)

11.84.090 - Appeals.#

If the Planning Commission denies or does not make a determination upon the proposed change or amendment within the time limit specified, the applicant may, within 10 days from the date the notification of denial is mailed to the applicant, or from the termination of the time limit, appeal to the City Council by written Notice of Appeal filed with the City Clerk. The appeal shall be accompanied by any required appeal fee. Such an appeal by an applicant shall be filed in duplicate and shall set forth specifically wherein the Planning Commission's findings were in error and wherein the public necessity, convenience, welfare, or good zoning practices require such change or amendment. If no appeal is taken within the time specified, the action of the Planning Commission shall be final.

Upon notice or such appeal, the Planning Commission shall make a report to the City Council disclosing in what respect it failed to find that the public necessity, convenience, general welfare, or good zoning practices required the change or amendment involved. The City Council may grant any appealed application, but before making any change in the recommendation of the Planning Commission, the City Council shall conduct a public hearing thereon, with published notice as provided in Section 11.84.040 of this chapter, and shall make a written finding of facts, setting forth the facts justifying or requiring the change or amendment.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2109)