Chapter 15.72 — AMENDMENTS

Boundaries of the zones established by this title, classifications of property uses therein, or any other provisions of this title may be amended whenever public necessity and convenience and general welfare require.

(Ord. 2982, passed - -2001)

An amendment of this title may be initiated by:

(A) The verified application of one or more owners of property proposed to be changed or reclassified;

(B) Resolution of intention by the City Council; and

(C) Resolution of intention of the Planning Commission.

(Ord. 2982, passed - -2001)

(A) Whenever the owner of any land or building desires an amendment to change the regulations prescribed for his or her property, he or she shall file with the Development Services Department an application therefor.

(B) An application for an amendment shall be made upon a form to be provided by the Development Services Department and shall be accompanied by the following:

• (1) A completed preliminary environmental description form;

• (2) Maps, drawings, plans, tabulations and other documents completely describing the request; and

• (3) The required fee, as prescribed by resolution of the City Council.

(C) The Planning Department shall make an investigation of the application and shall prepare a written report that shall be transmitted to the Planning Commission and made available to the applicant(s) prior to the public hearing. The Planning Department may consult with other city departments and other public agencies in its investigation.

(Ord. 2982, passed - -2001)

(A) Upon filing of a verified application for an amendment, or the adoption of a resolution of intention by the Planning Commission or City Council, the Planning Commission shall hold one public hearing thereon pursuant to Chapter 15.76 , as required by Cal. Gov’t Code §§ 65000 et seq.

• (B) Notices shall contain the following information:

(1) A written and/or graphic description of the location of the application site, including both street address (if available) and assessor’s parcel number;

• (2) Time, place and location of the hearing;

(3) A brief description of the nature of the proposed application and city file number;

(4) A reference to application materials on file for more detailed information regarding the application, including phone number(s) to obtain such information; and

(5) A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing, and the right of appeal thereof.

(C) Public hearing notices shall be given a minimum of ten days in advance of any hearing and shall be distributed by one of the following methods as necessary:

(1) First-class mail to any person filing a request to the Planning Department to receive such notices and to all property owners shown on the last equalized assessment as owning real property within 300 feet of the exterior boundaries of the property that is the subject of the hearing;

(2) Newspaper notification (quarter-page advertisement) or placement of an insert with any generalized mailing sent by the city, such as a billing for city services, to property owners in the affected area if the Development Services Director identifies that the application affects more than 1,000 property owners; and

(3) First-class mail or personal delivery to property owners shown on the last equalized assessment roll as owning real property adjoining the exterior boundaries of the property which is the subject of the hearing.

(D) If the applicant is not the owner of the affected property, the notice shall also be given by mail or delivery to the owner of the property as shown on the last equalized assessment roll. The Development Services Department may use such other records of the County Assessor or Tax Collector, which, in the opinion of the Development Services Director, contain more recent information as to current property owners and addresses.

(Ord. 2982, passed - -2001; Ord. 3131, passed - -2009)

(A) Within 30 days after the date of the public hearing, the Planning Commission shall make a specific finding as to whether the proposed amendment is consistent with the objectives of the Zoning Ordinance and the General Plan. The 30-day time limit for action may be extended by mutual agreement of the applicant and city.

(B) If the Planning Commission finds that the amendment is consistent with the objectives of the Zoning Ordinance and the General Plan and promotes the public health, safety and welfare of the community, it shall transmit a written report and resolution to the City Council recommending that the application be granted.

(C) If the Planning Commission has recommended disapproval of the application, the applicant shall be advised of his or her right of, and the five-day grace period for, appeal to the City Council pursuant to Cal. Gov’t Code § 65856.a.

(Ord. 2982, passed - -2001)

(A) Upon receipt of the recommendations of the Planning Commission, the City Council shall hold a public hearing on the application for the amendment.

(B) If the matter under consideration is a zoning amendment to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council shall not take any further action on the amendment unless one of the following has occurred:

(1) The applicant or an interested party requests an appeal hearing by filing a written request with the Development Services Department within five days after the Planning Commission decision.

(2) The request is accompanied by an application for a General Plan revision.

(C) When a public hearing is held in order to approve the application, the City Council shall take the following actions:

(1) Make a specific finding that the amendment application is consistent with the objectives of the Zoning Ordinance and the General Plan.

(2) Enact an ordinance amending the zoning map or an ordinance amending this chapter, whichever is appropriate.

(D) If the Council finds the change is not consistent or does not promote the public health, safety or welfare, it shall take one of the following actions:

(1) Deny the application; or

(2) Deny the application without prejudice to the filing of a new amendment application.

(Ord. 2982, passed - -2001)