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1.0B <br />ACKGROUND <br />14 <br />Last year a question was raised regarding who is allowed to initiate a text change <br />15 <br />to the Zoning Ordinance and/or an official Zoning Map amendment. <br />16 <br />A review of the Zoning Ordinance adopted in December 2010 finds that section <br />17 <br />1009.06 Zoning Changes provides this information or requirement. However, <br />18 <br />further research by the Planning Division concludes that the <br />19 <br />language/requirement is inconsistent with State Statutes and with the City’s past <br />20 <br />practice. <br />21 <br />1009.06 Zoning Changes <br />Section reads as follows: <br />22 <br />A. Purpose <br />: An owner of property within Roseville, including the City Council, <br />23 <br />may wish to amend the text of the zoning regulations pertaining to his or her <br />24 <br />property or to amend the pertinent zoning district designation on his or her <br />25 <br />property as shown on the Official Zoning Map. The purpose of the zoning change <br />26 <br />review process is to consider such changes for approval where they would be <br />27 <br />consistent with the guidance and intent of the Comprehensive Plan and would not <br />28 <br />be injurious to the public health, safety, and general welfare. <br />29 <br />B. Open House Meeting <br />: Prior to submitting an application for a proposed <br />30 <br />zoning map change, an applicant shall hold a community open house meeting as <br />31 <br />described in Section 1009.07 of this Title. <br />32 <br />C. Applications <br />: The owner of property on which a zoning change is proposed <br />33 <br />shall file an application for approval of the zoning change by paying the fee set <br />34 <br />forth in Chapter 314 of this Code and submitting a completed application form <br />35 <br />and supporting documents as set forth on the application form. Complete <br />36 <br />applications shall be reviewed in a public hearing before the Planning <br />37 <br />Commission and acted upon by the City Council according to the process set forth <br />38 <br />in Chapter 108. If a proposed zoning change is denied, an application for <br />39 <br />substantially the same zoning change on the same property shall not be accepted <br />40 <br />within 1 year of the date of the denial. <br />41 <br />D. Petitions <br />: A petition containing the signatures of at least 50% of the property <br />42 <br />owners within the public hearing notification area for a particular piece of <br />43 <br />property may be submitted as an application for approval of a zoning change <br />44 <br />when none of the petitioners is the owner of said property. <br />45 <br />Such an application-by-petition, along with a letter detailing the reasons for the <br />46 <br />requested zoning change, and the fee set forth in Chapter 314 of this Code, shall <br />47 <br />be submitted to the Community Development Department and shall be reviewed <br />48 <br />according the same process as established in Subsection C above, including a <br />49 <br />petitioner-sponsored open house meeting for a proposed zoning map change as <br />50 <br />required in Subsection B above. <br />51 <br />The Planning Division discussed these processes with the City Attorney to better <br />52 <br />understand the differences between the City’s past practice and whether it was <br />53 <br />inconsistent with State Statutes. The Division also discussed modifications to <br />54 <br />Section 1009.06 to clarify the amendment process. <br />55 <br />56 <br />Amdt12_RCA_061013 (2).doc <br />Page 2 of 3 <br /> <br />