Article 35 — Amendments

The provisions of this chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare require such amendment by using the procedure set forth in this article.

(§ 18.01, Ord. 363)

An amendment may be initiated by:

(a)

The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Commission and be accompanied by a fee, as set forth in Article 37 of this chapter;

(b)

A resolution of intention of the Council; or

(c)

A resolution of intention of the Commission.

(§ 18.02, Ord. 363)

The Commission shall hold one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general circulation, published and circulated within the City, at least ten (10) days prior to such hearing. Such notice shall include a general explanation of the matter to be considered and a general description of the area affected.

(§§ 18.03 and 18.04, Ord. 363)

In the event the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the Commission shall give additional notice of the time and place of such hearing and of the purpose thereof by mailing a postal card notice, not less than ten

(10) days prior to the date of such hearing, to the owners of property within a radius of 300 feet of the exterior boundaries of the property to be changed and to the owners of all property within such boundaries, using for such purpose the last known name and address of such owners as shown upon the assessment roll of the County.

Such notice shall include a general explanation of the matter to be considered and description of the property affected in the proposed change of district, the time and place at which the public hearing on the proposed change will be held, and any other information which the Commission may deem to be necessary. The failure of the Commission to mail such notices, or the failure of any owner to receive such notices, shall not invalidate the hearing proceedings.

(§§ 18.05 and 18.06, Ord. 363)

After the hearing the Commission shall render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation and shall be transmitted to the Council in the form of a resolution.

Such resolution shall be made within ninety-six (96) days after the publication of the notice of the hearings, as set forth in Sections 9-4.3503 and 9-4.3504 of this article; provided, however, such time limit may be extended upon the consent of the owners of the property affected by the proposed amendment.

(§ 18.07, 18.08 and 18.09, Ord. 363)

Upon the receipt of the recommendation of the Commission, as provided in Section 9-4.3505 of this article, the Council shall hold a public hearing; provided, however, if the matter under consideration is an amendment to change property from one district to another, and the Commission has recommended against the adoption of such amendment, the Council shall not be required to take any further action thereon unless an owner of the property affected shall request such hearing by filing a written request with the City Clerk within ten (10) days after the Commission files its recommendations with the Council.

A notice of the time and place of the hearing shall be given in the time and manner provided for the giving of the notice of the hearing by the Commission as set forth in Section 9-4.3503 of this article. Any such hearing may be continued from time to time.

(§§ 18.10 and 18.11, Ord. 363, as amended by § XV (A), Ord. 491-C.S., eff. October 28, 1987)

The Council may approve, modify, or disapprove the recommendation of the Commission; provided, however, any modification of the proposed ordinance or amendment by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for a report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated

by the legislative body, shall be deemed to be approval of the proposed modification. After the receipt of such report, or after such forty (40) days have passed, the Council may adopt the amendment.

The decision of the Council shall be rendered within sixty (60) days after the receipt of the resolution from the Commission or, in the event of a modification, after the expiration of the additional thirty (30) days.

(§§ 18.12, 18.13, and 18.14, Ord. 363, as amended by § 1, Ord. 164-C.S., eff. February 11, 1976)

The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City. The prezoning of territory shall be accomplished by using the procedures set forth in Sections 9-4.3502 through 9-4.3507 of this article; provided, however, the notice of hearing required by the provisions of Sections 9-4.3503 and 9- 4.3506 of this article shall be published at least once in a newspaper of general circulation published and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be posted in at least three public places in the area to be prezoned. The ordinance prezoning a territory shall become effective thirty (30) days after its adoption or upon the effective date of the ordinance or resolution annexing such territory to the City, whichever shall occur later.

(§§ 18.15 and 18.16, Ord. 363)

The City shall adopt an interim ordinance in accordance with the provisions of Section 65858 of the Government Code of the State to zone territory annexed to the City which has not been prezoned.

(§ 18.17, Ord. 363)