Chapter 18.52 — AMENDMENTS

Whenever the public necessity, convenience, general welfare, or good land use and zoning practices require, the council may amend, supplement or change the land use designation, regulations, zone boundaries or classifications of property established by this title in accordance with the procedures of the California Government Code as supplemented herein. (Prior code § 10-3.2601; Ord. 1738 § 53 (part), 2012)

• A. An amendment, supplement, or change to the land use element of the general plan, this title and/or the official zoning map may be initiated by:

  1. A motion of the council;

  2. A motion of the commission;

  3. Staff; or

  4. An application by one or more owners of the property or properties proposed to be changed, which applications shall be filed on forms furnished by the city and accompanied by a filing fee in an amount set by resolution of the city council.

• B. For an amendment or change to the general plan land use designation or the official zoning map, each application shall include or be accompanied by the following:

  1. A map showing the particular property or properties for which the amendment or change is requested and substantially the adjoining properties and public streets and ways within a radius of three hundred feet of the exterior boundaries thereof;

  2. Photographs, drawings, and other supporting documents;

  3. A copy of documents on any conditions, easements or restrictions of record which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of the expiration thereof; and

  4. A statement substantially showing the reasons for the requested amendment or change and why or how such amendment or change will serve the public interest, necessity,

convenience, or general welfare.

• C. For amendments not involving land use designation or zone changes, each application shall include:

  1. A reference to the particular provision of the existing law which it is proposed to amend, delete, change, or add to;

  2. A statement clearly showing the requested amendment or change; and

  3. The reasons for the proposed amendment or change.

• D. Pursuant to Chapter 18.44 , a site plan is required to be submitted and approved along with the requested amendment or zone change when there is a specific development project being requested in conjunction with such change.

• (Prior code § 10-3.2602; Ord. 1629 § 25, 2003; Urg. Ord. 1682; Ord. 1683 § 85, 2006; Ord. 1738 § 53 (part), 2012)

Zone changes and general plan amendments shall be processed in accordance with state planning and zoning law (Government Code Section 65000 et seq.), as the same may be amended from time to time. The following procedures are in addition to the requirements of such law:

• A. Hearings may be continued from time to time as the planning commission or city council deems necessary or desirable.

• B. If the decision of the city council is to refuse or deny the requested amendment, the city council shall adopt a resolution setting forth its decision.

• C. The decision of the city council shall be final and conclusive.

• D. Notice of the time and place of the public hearing shall be given in accordance with the provisions of the state planning and zoning law. When notice is mailed in accordance with Government Code Section 65091 to adjacent property owners, such notice shall also be mailed in the same time frame to all lessors, occupants and businesses of real property within three hundred feet of the property which is the subject of the proposed general plan amendment or zone change.

• (Ord. 1738 § 53 (part), 2012)