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Home My WebLink AboutOrdinance 405 N.C.S. 08/29/1955Z 1 1 1 Ref, , U A NANCE NO. 405 N. C. S. iced by Councilman ALBERT Second d by Councilman W. C. BROWN AN 'ORDI NCE AMENDING CHAP- TER 31, , ENTITLED "AMEND- MENTS", F THE ZONING ORDI- NANCE ) V T . HE CITY OF PETA- LUMA, NO, 340 N° C. S. BE IT' ORD NED BY THE COUN- CIL OF THE ITY OF PETALUMA, AS FOLLOWS: Section '1. Tha Chapter 11, entitled "AMENDMENTS" of the Zoning Or- dinance of the 'Ci y of Petaluma, No. 340 N. C. S., be an the same is hei•e- by amended to rea as follows, to wit: Section 11.0• Arne ments Not In- volving Change In Bo ndaries Of Dis- tricts. Amendments to this ordinance which do not change Ihe boundaries of districts or' zones 'm y be adopted by the City Council i the manner provided by the City harter, and without requiring any pu l ;c hearings thereon. Section 11.1 Amendment Involving Changes In Boundaries O Districts Or Zones. Amendments to this ordi- ante which change the b undaries of districts or zones may be adopted, whenever the public. neces 'ty and convenience and the general welfare require, by the following the roced- ore set forth in Sections 11.11, 11.12, 11.13, 11.14, 11.15, .11:16; 11,1 and 11.18 of this ordinance. Section 11.11 Initiation Of A end- meats Involving Changes In Boun ar -. ies Of Districts Or Zones. Am d- ments to this ordinance under. Sect X 11.1 hereof may be initiated by: 1. The verified petition of one more owners of property affected the proposed amendment,. which p tion shall be filed with the Plannng Commission and shall be ad6rapanied by a fee of Sixty dollars ($60.00), or by 2. Resolution of Intention of the City Council, or by 3. Resolution of Intention of the Planning Commission. Section 11.12 Public Hearings Be- fore The Planning Commission. The Planning Commission shall hold at least one (1) public hearing on any proposed amendment under Section 11.1 hereof, after giving at least ten (10) days notice of such hearing as follows: (1) By publication of such notice once in the official newspaper OF the City which notice shall set forth the time and place for such hearing and a description of the property to be rez.nned, including a map thereof; and (2) by posting at least three (3), notices along streets upon which the uronrrty proposed to be rezoned abut. Each posted notice shall include in tb^ `it' the words, "Notice of Pro- posed Zoning Change ", in letters not Icss, tlis one inch (1 ") in height, and in addition thereto, a statement in small Lett ^rs setting forth a general description (not including a map) of the property involved in the proposed change of zone or district boundaries; the time and place at which the pub- ic hearing will be held and any other ^rmation which the Planning Com- n."ssion may deem to be necessa nv failure to pest nntices as re- nuired hereunder sh not invalidate any proceedings for a nendment here - ,, nder, unless a person whose proper- ty is affected by such amendment can prove within ten (10) days after such hearing that he did not have notice thereof. Before any action is taken or report made by the Plan- ning. Commission on a petition filed under Section .11.1 hereof, the petition- er may be permitted to file an amend- ed netition upon paying a further fee of Thirty dollars ($30.00_ ). Upon the filing of such amended netition the PI ^nning Commission shall fix a time and place for a hearing thereon and give notice of such hearing in the manner, form and for the period re- , uired for a hearing on, an original Petition. Section 11.13 Action By Planning Commission. Following the aforesaid hearing or hearings, the Planning Commission shall make a report of its findings and recommendations with respect to the proposed amendment and ,shall file with the City Council an attested copy of such report with, in ninety '(90) - days after the notice of the first of said hearings; provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the pro- ceedings. Failure of the Planning Commission so to report within ninety (90) days without the aforesaid agree- ment, shall be deemed to be approval of the proposed amendment by the Planning Commission. ' Upon the failure of the Planning Commission to file a report on a peti- tion for amendment under Section 11.1 hereof, within ninety (90) days after the date set for the first hear- ing on said petition, without the ,afore- said agreement „the Council shall have the right to grant such petition and cause said Zoning Ordinance to be amended in accordance with the peti- tion and without holding any further hearing thereon, or the Council shall have the right to deny said petition, by resolution. - Section 1 Appeal From Recom- mendation Of,.-Planning Commission: Whenever the 'Planning Commission, in its report to the City Council, 'shall recommend ^against a petition for an amendment under Section 11.1 hereof, a copy of such'report shall be mailed to the petitioner or his attorney at the time the same is filed with. the City Council._ Within ten (10) days, j thereafter sum petitioner shall have the right to file with the City Council an appeal from the report and re --om _• mendations of the Planning Commis sion,, provided' such notice of appeal', ° shall be accompanied, by a filing fee of Thirty' dollars ($30.00). Upon the failure to file such a notice of appeal and pay said fee within said period, no further 'hearings on said petition. need be had by the City Council and said petition may — thereafter be 'de- nied by resolution of the City Council. Section_ 11:15 Action By The City Council, Without A Hearing. Upon receipt of a report from the Planning Commission recommending an amend- ment .pursuant to Section 11.1 hereof, the City Council may forthwith and without further hearing adopt such amendment pursuant to the require- ments of the City Charter, provided that such amendment shall be pub- lished in the official newspaper, and that the description of the property affected shall include a map showing the portion of the zoning map affect- ed thereby. Section 11.16 Hearings Before The ity Council. The City Council shall I' Id a hearing upon the proposed ac endments to this ordinance involy- in changes in the boundaries of zones or. districts under Section 11.1 in any of he following circumstances: (1 Whenever the Planning Com- m ss. n recommends against a pro - p change, and the petitioner has prr ' ed an appeal from such recom- menda ion; (2) enever the Council fails to adopt n amendment recommended by the lanning Commission; (3) Wh ever the Council deter- mines th t such a public hearing should be old before adopting or re= jetting an amendment changing the boundaries of zones or districts. Section' 1 .17 Notice Of Hearings Before The City Council. Notice of hearings upo proposed amendments t-) change th boundaries of zones or districts' unde Se ^t'on 11.1 shall be nublished in tli fficial newspaper at ± ten ( t 0) ys before such hear - in^ ~afore the ity Council and shall set forth there: the time and place of the hearing a • d a description, in- cluding a map, o the property to be r °:_oned. A go� o such notice shall also lie, filed with he Planning Com- mission and mailed to the petitioner or his attorney at t e address shown on such petition. Section 11,18; Decisi n Of The City Council. Within sixty (60) days after the receipt by the Coil cil of a report from th Planning Co mission on a petition to z r unde' Section 1 hereof. or within sixty (0) days after the exriratlon , f the p rind within which the Planning Com^ 'ssion is re- quired, but failed, to f'1 a report .v+tb th? Coun ^il, the Co neil shall r -nd er its decision On sue petitions by either denying the same by reso- lixtlrn. or .approving the Sam by the adoption of an ordinance a endin¢ th- zoning ordinance. Orn °red Published this 15th day of A ^nst, 1955. AYES: Councilmen Adams, Bi eliw. Brown, Gustafs King, Norwoo an-1 ^?ayor Schoeningh. NOES Non -. AFSENT° Nm ^'. Signed VYI TCENT J. SCHOENIN I, Mayor. Attest: GLADYS P. WALLIN. City Clerk. ; n I hereby certify that the within ordinance was published in full once in Petaluma Argus- Courier, a daily paper of general circulation, published within the City of Petaluma to- wit: August 19th, 1955, and that the said Petaluma Argus- Courier is the official newspaper of the City of Petaluma. I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the foregoing_ ordinance was passed by the Council at its meeting of the 29th day of August, 1955, by the following vote, to-wit: AYES: Councilmen Adams, Bigelow,'Brown, Gustafson, King, Norwood and Mayor Schoeningh. NOES: None. ABSENT: None. ATTEST (SEAL) City Clerk The foregoing ordinance number 405 N.C.S., having been regularly passed and presented to,,me this 29th day of August, 1955, is-hereby approved by me this 29th day of August, ,1955. EFFECTIVE DATE: September 28, 1955. . Mayor 1