This article sets forth the process for amending the zoning regulations.

(a)

A change in the boundaries of a zone may be initiated by the Commission, Council or owner of property. The person proposing a change in the boundaries of the district shall file an application with the Planning Director on a form prescribed by the Planning Director, including the following data:

(1)

Name and address of the applicant.

(2)

Statement the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

(3)

A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of Kern. Assessor's maps may be used for this purpose.

(4)

The application shall be accompanied by a fee set by a resolution of the City Council to cover the cost of processing.

(b)

The Planning Director shall investigate the application and submit a report to the Planning Commission, with a recommendation for action.

(c)

The Planning Commission shall hold a duly noticed public hearing on the application. The Planning Commission shall review the application and receive evidence and testimony concerning the proposed zone change and determine if the change is consistent with the General Plan and application of the zone classification which is being proposed. A change in district boundaries shall not be made conditionally. The Planning Commission shall make its decision and adopt findings within forty-five (45) days following the completion of the public hearing. The Commission shall transmit its decision to the City Council.

(d)

The City Council shall hold a duly noticed public hearing upon receipt of the decision of the Planning Commission approving the application The City Council need not take any further action if the Planning Commission has recommended against the adoption of the amendment unless an interested party files a written notice of appeal with the City Clerk within five (5) days after the Planning Commission adopts its decision. The City Council shall find whether the amendment is required to achieve the objectives of this chapter and whether the amendment would be consistent with the General Plan and the zoning district classification. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. A modification not previously considered by the Commission shall be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a hearing thereon. Failure of the Planning Commission to report within forty (40) days of the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the modification.

(e)

The Council shall enact an ordinance amending the zoning district if the Council approves the application.

A change in a district boundary shall be indicated on the Zoning Map with a notation of the date and number of the ordinance amending the map.

No application for the same or substantially the same change shall be filed within six (6) months of the date of denial of the application.