Article VIII — CHANGE OF BOUNDARIES AND USES

SEC. 16-575. AUTHORIZED.

Whenever public necessity and convenience and the general welfare require, boundaries of the zones established by this chapter or the classification of property uses therein may be amended.

(`64 Code, Sec. 34-123)

SEC. 16-576. PROCEDURE–HOW INITIATED; REAPPLICATION.

(A) Zone boundary amendments may be initiated by:

(1) A resolution of intention by the city council;

(2) A resolution of intention by the commission;

(3) An application by an owner of the affected property or the owner’s designated attorney in fact; or

(4) An application by a plaintiff in an action in eminent domain to acquire the property as to which the zone boundary or property use amendment is proposed.

(B) If an application for an amendment is denied by the city council, a reapplication seeking an amendment that affects the same property shall not be initiated within 12 months of the denial. This provision may be waived by affirmative vote of a majority of the city council if the city council finds that, by reason of changed physical, legal or sociological circumstances, reconsideration of the amendment would be in the public interest.

(`64 Code, Sec. 34-124) (Ord. No. 767, 1541)

SEC. 16-577. APPLICATION FORM AND CONTENTS.

The form of application and the contents thereof shall be prescribed by city staff. No application shall be received or deemed complete that does not comply therewith.

(`64 Code, Sec. 34-125)

SEC. 16-578. FEE.

(A) A fee, as set by city council resolution, shall be paid upon the filing of each application.

(B) An additional fee, as set by city council resolution, shall be deposited upon the filing of the application for a change of boundaries to defray the cost of printing the zoning map amendment. The deposit shall be refunded if the change of boundaries is denied.

(`64 Code, Sec. 34-126) (Ord. No. 1060, 1367, 1702)

SEC. 16-579. HEARING.

Applications to change any property from one zone to another or to impose any regulation listed in Cal. Gov't Code, Section 65850 not then imposed or to remove or modify any such regulation then imposed shall be heard as hereinafter provided. Any other application affecting zone boundaries or classification of property uses shall be heard by the city council in the manner that other ordinances or amendments thereto are heard.

(`64 Code, Sec. 34-127)

SEC. 16-580. NOTICE.

The commission shall hold a public hearing on the application. Notice of the time and place of such hearing shall be given by the secretary of the commission in accordance with Cal. Gov't Code, Section 65854.

(`64 Code, Sec. 34-128)

SEC. 16-581. RECOMMENDATION TO CITY COUNCIL.

After the public hearing, the commission shall adopt a resolution recommending the action to be taken on the application by the city council, including the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans.

(`64 Code, Sec. 34-132)

SEC. 16-582. CONTINUANCE OF HEARING.

If, for any reason, any hearing cannot be completed on the day set therefor, the presiding commissioner, before the adjournment or recess, may continue the hearing by publicly announcing the time and place to which the hearing is continued. No other form of notice of such continuance shall be required.

(`64 Code, Sec. 34-136)

SEC. 16-583. WHEN DECISION RENDERED.

The commission shall adopt a resolution making a recommendation to the city council not later than 30 days after the final termination of the hearing.

(`64 Code, Sec. 34-139)

SEC. 16-584. REPORT TO COUNCIL.

Within ten days of the rendition of the commission’s decision, the secretary of the commission shall report the decision in writing to the city council, including a copy of the resolution containing the findings and decision of the commission.

(`64 Code, Sec. 34-140)

SEC. 16-585. DECISION TO BE SENT TO APPLICANT.

Within ten days of the rendition of the commission’s decision, the secretary of the commission shall mail a notice of the decision, together with a copy of the resolution containing the findings and decision, to the applicant.

(`64 Code, Sec. 34-141)

SEC. 16-586. EFFECT OF FAILURE OF COMMISSION TO ACT.

If the commission fails to render a decision or adopt a resolution of decision in the time required, the proceedings shall automatically be transferred to the city council for further action, and the secretary of the commission shall immediately deliver to the city council all the records of the cases.

(`64 Code, Sec. 34-142)

SEC. 16-587. COMMISSION DECISION ADVISORY ONLY.

The decision of the commission in the matter of amending zone boundaries or use classifications shall be advisory to the city council only.

(`64 Code, Sec. 34-143)

SEC. 16-588. REVIEW BY CITY COUNCIL.

The city council shall review the findings and decisions of the commission and shall hold a public hearing thereon in accordance with State law and shall make a final decision on the proposed amendment, sustaining, modifying or overruling the decision of the commission; provided, however, that if the matter under consideration is an amendment to the zoning ordinance to change property from one zone to another, and the commission has recommended against adoption of such amendment, the city council need not take any action on the proposed amendment unless an interested person requests a hearing by filing a written request with the city clerk within five days after the commission’s decision is reported to the city council pursuant to section 16-585. If the decision of the city council changes zoning boundaries or any classifications of zoning uses, such decision shall be made by ordinance.

(`64 Code, Sec. 34-144) (Ord. No. 494, 1084)

SEC. 16-589. NOTICE REQUIREMENTS.

(A) The city clerk shall give notice of the public hearing by the city council pursuant to Cal. Gov't Code, Section 65090 and shall also give written notice to the applicant of the date, time and place of the hearing.

(B) When appeals are made to the city council of a decision rendered by the commission on special use permits, planned development permits and variances, the city clerk shall give notice of the public hearing by the city council pursuant to Cal. Gov't Code, Section 65091 and shall also give written notice to the applicant of the date, time and place of the hearing.

(`64 Code, Sec. 34-144.1) (Ord. No. 1084, 2367, 2445)

SEC. 16-590. CONDITIONAL APPROVAL OF RECLASSIFICATION OF PROPERTY.

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another in order to protect the public health, safety and general welfare of the city.

(`64 Code, Sec. 34-144.2) (Ord. No. 1324)