Article 29 — Amendments

An amendment to the provisions of this chapter, which amendment changes any property from one zone to another, or which imposes any regulation set forth in Section 65850 of the Government Code of the State not theretofore imposed, or which removes or modifies any such regulation theretofore imposed, shall be adopted in the manner set forth in this article. Any other amendment to the provisions of this chapter may be adopted as other ordinances are adopted.

(§ 8164, T.O.O.C., as amended by § 1, Ord. 145, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

A proposed change of the boundaries of a zoned area, or a proposed change of zone classification, or a proposed amendment to the provisions of this chapter may be initiated as follows:

(a) By the adoption of a resolution by the Council requesting the Commission to set the matter for hearing, report, and recommendation;

(b) By the adoption of a resolution by the Commission setting the matter for hearing and study; and

(c) By filing with the Community Development Director a verified application of a change of zone classification by the owner of the property, by a person with a power of attorney from the owner, or by the attorney-at-law of the owner. If the applicant complies with all the provisions of this article, the Community Development Director shall set the matter for public hearing. An application submitted to the Community Development Department after 5:00 p.m. on Monday shall not be considered filed until the following Monday.

The Community Development Director shall not accept for processing a zone change application which proposes zoning inconsistent with the adopted Elements of the General Plan. If a zone change application is presented for filing with the Community Development Director which is inconsistent with the General Plan, the following procedures shall apply:

(d) The Community Development Director shall notify the applicant of his determination of the inconsistency of the proposed zoning with the General Plan and his reasons therefor. The Community Development Director shall also advise the applicant of his right to appeal this determination and, alternatively, the procedure for initiating an amendment to the General Plan.

(e) Within twenty (20) calendar days after such notification by the Community Development Director, an appeal of this determination may be taken by the applicant. An appeal may be commenced only by filing with the Community Development Department a notice of appeal which specifies the grounds of appeal.

(f) Upon the receipt of a notice of appeal, the Community Development Director shall schedule the matter for Commission consideration and shall notify the applicant of the hearing date. Such consideration shall only deal with the decision of the Community Development Director as to the consistency of the proposed zoning with the General Plan and shall not include a discussion of the merits of the proposed zone change application itself.

(g) If the Commission approves the appeal and reverses the decision of the Community Development Director, and if all other aspects of the application are in order, the Community

Development Director shall accept the zone change application for processing in the manner specified in this article.

(h) If the Commission denies the appeal of the applicant, this decision shall become final upon the expiration of ten (10) days following such denial unless the applicant files, within ten (10) days after such denial, a written application with the Commission requesting that the matter be forwarded to the Council for further consideration and final appeal.

(i) Upon the receipt of the proper notice of appeal within ten (10) days after a denial, the Commission shall forward to the Council the resolution denying the appeal and all reports relating thereto. Upon the receipt of such resolution and reports, the City Clerk shall set the matter for hearing by the Council.

(j) If the Council denies the appeal, the zone change application shall not be processed by the Community Development Department. If the Council approves the appeal and reverses the decision of the Commission, and if all other aspects of the application are in order, the Community Development Director shall accept the zone change application for processing in the manner specified in this article.

(§ 8164.1, T.O.O.C., as amended by § 11, Ord. 142-NS, eff. March 26, 1970, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § II, Ord. 436-NS, eff. April 25, 1974)

The Commission may prescribe the form and scope of applications for changes in zone boundaries or zone classifications. Applications shall be filed in the office of the Commission. The Commission may supply blank forms for such purposes and may prescribe the type of information, data, and papers to be filed and the number of copies thereof. No application shall be accepted for filing or shall be processed unless it complies with such requirements. (§ 8164.2, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

To cover the expenses of postage, posting, advertising, printing, and other items incidental to proceedings, a fee prescribed by Council resolution shall be paid upon the filing of a zone change. No application shall be accepted for filing or processing unless such fee is paid.

(§ 8164.3, T.O.O.C., as amended by § 2, Ord. 43, § XVII, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § XVI, Ord. 581-NS, eff. August 12, 1976, and § XIV, Ord. 776-NS, eff. April 16, 1981)

If signatures of persons, other than the owner or lessee of the property making the application, are offered in support of, or in opposition to, an application, such signatures may be received the Council or Commission as evidence of notices having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of zoning powers vested in the Council and Commission. (§ 8164.4, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

Applications filed pursuant to the provisions of this chapter shall be numbered systematically and shall become a part of the permanent official records of the Commission. There shall be attached thereto, and permanently filed therewith, copies of all notices and actions with certificates and affidavits of posting, mailing, and publication pertaining thereto.

(§ 8164.5, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

When a resolution or application for a change of zone boundaries or zone reclassification is received by the Commission, it may elect, by formal resolution of intention, to include a larger area or additional land in its determination of a proper amendment to the provisions of this chapter, and, upon adoption of such resolution of intention, the property designated by the resolution or application shall be considered as a part of the larger or more extended area involved. The Community Development Director may also elect to include a larger area or additional

land which, in his determination, is a proper amendment to the provisions of this chapter when such is done by the filing of an application for a change of zone boundary. The hearings authorized by the provisions of this article, or continuations of hearings scheduled on the original resolution or application, shall be merged with the hearings authorized by the resolution of intention.

(§ 8164.6, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

Upon the filing of a verified application or the adoption of a resolution pursuant to the provisions of Section 9- 4.2902 of this article, the Commission shall hold at least one public hearing thereon. (§ 8164.7, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and as amended by § 37, Ord. 1178NS, eff. April 27, 1993)

(§ 8164.8, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970; repealed by § 38, Ord. 1178-NS, eff. April 27, 1993)

Notice of a required public hearing before the Commission on a proposed zone change of the boundaries of a zoned area, or of the zone classification of any property, or an application for prezoning, or on a proposed amendment to the provisions of this chapter, shall be given in the manner required by Chapter 12 of this title.

(§ 8164.9, T.O.O.C., as amended by § 17, Ord. 89, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 510-NS, eff. January 9, 1975, and § 39, Ord. 1178-NS, eff. April 27, 1993)

The Commission shall cause to be made by its members, or members of its staff, such investigations of facts bearing upon the matter set for hearing as will assure action on each case consistent with the purposes of this chapter. (§ 8164.10, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

If for any reason testimony on any matter set for public hearing pursuant to this article cannot be completed on the appointed day, the Commission may authorize a continuance of the public hearing, and at such time as the continuance is authorized by the Commission, the Chair of the Commission shall announce the time and place at which said hearing shall be continued. No further notice thereof shall be required; provided, however, that the Commission may direct that additional notice of the continued hearing be given as it deems appropriate.

(§ 8164.11, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970 and as amended by § 40, Ord. 1178-NS, eff. April 27, 1993)

The Commission and the Council may adopt such rules and procedures as may be necessary or convenient for the conduct of hearings and other business under this chapter.

(§ 8164.12, T.O.O.C., as amended by § 18, Ord. 86, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

(a) In all cases of proposed changes and amendments initiated by the Council, the Commission shall submit a report thereon which indicates the Commission’s approval or disapproval to the Council by a resolution within forty (4) days following the close of the hearing thereon or, whenever applicable, within such period designated by the Council. Such period may be waived by the Council.

(b) In all cases of proposed zone changes and amendments initiated by verified applications, the Commission shall forward to the Council by resolution, those applications for which the Commission recommends the adoption of an ordinance by the Council. In the case of applications for which the Commission recommends a denial and which the Commission does not recommend the adoption of an ordinance, a resolution setting forth such determination shall be forwarded to the City Council. The action of the Commission shall become final following such denial, unless:

(1) The applicant files, no later than five (5) days after the Planning Commission files its resolution with the City Council, a written application with the City Clerk requesting that the matter be set for a public hearing before the Council; and

(2) The party filing such application submits a filing fee in an amount prescribed by Council resolution. Filing of the Planning Commission resolution with the City Council for the purposes of subsection (b)(1) shall be accomplished at the next regularly scheduled City Council meeting following ten (10) days after the Commission action on the zoning change application. “Filing” for this purpose shall be accomplished by the inclusion of the resolution as a report of the Community Development Department on the City Council agenda.

Upon receipt of the proper application fee, the City Clerk shall set the matter for a public hearing in the manner set forth in Section 9-4.2916 of this article.

(c) Whenever action is initiated by the Commission, further action on the matter may be deferred by the Commission indefinitely. In the event the Council requests a report, the Commission shall forward a report thereon which indicates its approval or disapproval within forty (40) days after the date of the request or such other period designated by the Council. The failure of the Commission to make a report within such prescribed period shall be deemed to be an approval of the proposed change, plan, or amendment.

(d) In any case where a recommendation by the Commission is required, a copy of any specific plan, regulation, or amendment to the provisions of this chapter shall be submitted to the Council and shall be accompanied by a written recommendation which shall include the reasons for the recommendation. Such recommendation shall be forwarded to the applicant, if any, within fifteen (15) days after the Commission has rendered its decision.

by the Commission is required, a copy of any specific plan, regulation, or amendment to the provisions of this chapter shall be submitted to the Council and shall be accompanied by a written recommendation which shall include the reasons for the recommendation. Such recommendation shall be forwarded to the applicant, if any, within fifteen (15) days after the Commission has rendered its decision.

(§ 8164.13, T.O.O.C., as amended by § 18, Ord. 89, § XVIII, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5,1970, as amended by § XVII, Ord. 581-NS, eff. August 12, 1976, § II, Ord. 603NS, eff. December 16, 1976, § XV, Ord. 776-NS, eff. April 16, 1981, and Ord. 1107-NS, eff. June 20, 1991)

A recommendation by the Commission relative to an amendment to the provisions of this chapter or a change of zone boundaries or zone classification of property shall be by a resolution carried by the affirmative vote of not less than a majority of the total voting members of the Commission. Whenever any of such matters is not so carried, it shall be deemed to have been disapproved and shall be so reported to the applicant, if any. A recommendation of the Commission shall be final and conclusive and may not be reconsidered by the Commission, except upon a referral by the council.

(§ 8164.14, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

After the City Clerk’s receipt of the decision of the Commission, the City Clerk shall consider the pending City Council agenda requests and, except for zoning decisions connected with a corresponding tentative subdivision map appeal, set the matter for a public hearing at the earliest reasonable and available date which shall be no later than ninety (90) days from receipt of the filing. Hearings on zoning decisions connected with any appeal of a tentative subdivision may decision shall be set for date within thirty (30) days of the filing. The City Clerk shall give the notice of the hearing in the manner required by Chapter 12 of this title.

(§ 8164.15, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 3, Ord. 921NS, eff. May 20, 1986 and § 41, Ord. 1178-NS, eff. April 27, 1993)

The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification was previously considered by the Planning Commission during its hearing. Any modification not previously considered shall be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period than specifically designated by the City Council, shall be deemed to be an approval of the proposed modification.

(§ 8164.16, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § 1, Ord. 959-NS, eff. April 28, 1987)

The Council shall make and announce its decision by the adoption of an ordinance amendment or by resolution when an appeal or proposed amendment is denied or denied without prejudice and shall take whatever other action is necessary to execute its decision within thirty (30) days after the day upon which its hearing is concluded, except that in any case when the provisions of Section 9-4.2917 of this article are applicable, the decision shall be made and announced as early as possible. The ordinance amendment or resolution need not contain a recital of findings upon which the decision is predicated. The Council may predicate its decision upon the report of findings, summaries or hearings, and the recommendations of the Commission and may incorporate by reference in its decision such matters. A decision by the Council shall be final and conclusive.

Not later than ten (10) days after the decision of the Council, the City Clerk shall forward a copy of the ordinance amendment or resolution thereon and all papers and documents in the matter to the Secretary for filing and a copy of the ordinance amendment or resolution to the applicant or appellant, if any.

(§ 8164.17, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 406NS, eff. September 27, 1973)

After the denial of a zone change has become final, no further application for a zone change shall be filed for the same property for the ensuing six (6) months unless the zone change was denied without prejudice or unless otherwise specified at the time of the denial.

(§ 8163.20, as added by § III, Ord. 233, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

Without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the Council, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting

any uses which may be in conflict with a contemplated zoning proposal which the Council, Commission, or the Community Development Department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require a four-fifths (4/5) vote of the Council for adoption. Such interim ordinance shall be of no further force and effect one hundred (120) days from the date of adoption thereof; provided, however, after notice pursuant to the provisions of Section 9-4.2910 of this article and a public hearing, the Council may, by a four-fifths (4/5) vote, extend such interim ordinance for one year. Not more than two (2) such extensions shall be adopted. When such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to the provisions of this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance, or any extension thereof.

(§ 8164.18, T.O.O.C., as added by § 19, Ord. 89, as amended by § III, Ord. 233, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § II, Ord. 406-NS, eff. September 27, 1973)

Unincorporated territory adjoining the City may be prezoned for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such prezoning shall be as provided for zoning territory within the City. Such zoning shall become effective at the same time the annexation becomes effective.

If territory which is annexed has not been prezoned, an urgency interim ordinance may be adopted in accordance with the provisions of Section 9-4.2920 of this article. If neither a prezoning nor an urgency interim ordinance has been adopted, the territory shall retain its County zoning classification upon annexation to the City. (§ 8164.19, T.O.O.C., as added by § 20, Ord. 89, as amended by § III, Ord. 233, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)