Zoning is a legislative act involving police power asserted in the interests of the public health, safety and general welfare. The zoning process includes the creation and modification of the comprehensive zoning law which establishes designated zones with permitted uses and regulations, as well as the comprehensive and uniform application of said zoning regulations by the classification and reclassification of property into designated zones. It is the purpose of the Council to provide a zoning procedure which will offer a clear and definite guide to property owners seeking zoning adjustments. It is intended that these procedures will protect the public welfare and sound community planning and assure the maximum degree of protection for individual property rights. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.1201(1)).

Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, and in substantial conformance with the General Plan of the City, and after due consideration and report on same by the Planning Commission, the City Council may, by ordinance, create, amend, supplement or change the uses and regulations of the comprehensive zoning law or include or place any property within the City into any zone as created and defined in this title. The procedure for adopting such ordinances may be noticed by a resolution of intention of the Planning Commission, or of the Council, or by an affirmed application of one or more of the owners or parties having a legal interest in the property to be affected by the proposed action. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.1201(2)).

Applications for any change in zone boundaries or classification or reclassification of zones made by one or more owners or parties of interest in the property within the area to be affected by the proposed action shall be filed with the Development Services Director, accompanied by such data and information which would ensure a full presentation of the facts and circumstances to justify the reasonableness of the proposed action. Said application shall be in a form as approved by the Development Services Director and shall be affirmed by the applicant. Each application shall be accompanied by the required filing fee(s). (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 1854 § 3, 1979; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1201(3)).

In those cases where setback lines have not been established or where they are established by subdivision maps or regulations of a particular zone or as shown on the official line map, said lines may be so established or changed by the adoption of an ordinance in accordance with the procedures set forth in CVMC 19.12.030 for a change of zoning. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1214 § 1; Ord. 1212 § 1, 1969; prior code § 33.120(4)).

The procedure for the establishment or attachment of a modifying district shall be the same as the zone change procedure and shall be subject to the conditions as required for said modifying district. (See Chapter 19.56 CVMC.) (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1364 § 1, 1971; prior code § 33.1201(5)).

Upon the filing of an application or the adoption of a resolution by the Planning Commission or City Council, the matter shall be set for public hearing before the Commission by the Development Services Director. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.1202).

Notices of the time, place, and purpose of such hearing shall be given in the following manner:

The notice shall contain the following information:

Mailing of notices shall not be required for establishment or amendment of comprehensive zoning laws. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.1202(B)).

If, from the facts presented, the Commission finds that the public necessity, convenience, general welfare or good zoning practice requires the adoption or modification of a portion of the comprehensive zoning law or the classification or reclassification of property to any zone, the Commission may recommend, by the affirmative vote of not less than a majority of the total membership of the Commission, by resolution, the adoption of an ordinance by the City Council adopting or modifying a comprehensive zoning law, or classifying or reclassifying property into particular zones. The Commission may recommend the inclusion of property in particular zones as requested by the applicant, or the inclusion of the property into any other more restrictive zone as defined and classified in this title, or into any of the commercial zones which are equally restrictive. For the purpose of determining the restrictiveness of zones, the order in which a zone appears in this title shall govern: the lower the number of the section, the more restrictive the zone is in relation to other zones established by this title. If such required findings cannot be made, the Commission shall deny the application. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.1203).

Once the application is considered by the Planning Commission, the Commission shall forward its resolution and the application with a report of its findings to the City Clerk who shall cause the matter to be set for hearing before the City Council in the same manner as required herein for setting a hearing before the Planning Commission. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2374 § 1, 1990; Ord. 1212 § 1, 1969; prior code § 33.1203(1)).

Repealed by Ord. 3153 § 2 (Exh. A), 2010. (Ord. 2193 § 1, 1987; Ord. 1212 § 1, 1969; prior code § 33.1203(2)).

Without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the City 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 City Council, Planning Commission or Development Services Department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require four-fifths vote of the City Council for adoption. Such interim ordinance shall be of no further force and effect 90 days from the date of adoption thereof; provided, however, that after said notice, pursuant to CVMC 19.12.060 through 19.12.080, and public hearing, the City Council may, by a four-fifths vote, extend such interim ordinance for one year. Not more than two such extensions may be adopted. When such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or part of the same property, shall automatically terminate and be of no further force and effect upon the termination of the first such ordinance or any extension thereof as herein provided. Where a property owner alleges that a moratorium would cause undue hardship on his property to the extent that it would constitute a “taking” of property, the owner may request a public hearing by the City Council to determine if the property owner is entitled to relief from the effects of the moratorium. The City Council shall hold said public hearing within three weeks from receipt of a written request from the property owner. At the public hearing, the property owner shall set forth all reasons why relief is appropriate and the City Council may approve, conditionally approve or deny relief from the restrictions of the interim ordinance. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2235 § 2, 1987; Ord. 1212 § 1, 1969; prior code § 33.1205(1)).

The City Council may prezone unincorporated territory adjoining the City for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing this prezoning shall be as provided by CVMC 19.12.010 through 19.12.120. At the time of application for prezoning, the applicant shall deposit with the Planning Department the required fee(s) in accordance with Section 57004 of the Government Code. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 1212 § 1, 1969; prior code § 33.1205(2)).

If, and in the event that, the City Council adopts or has heretofore adopted a redevelopment plan in accordance with the provisions of Section 33000, et seq., of the Health and Safety Code of the state, and said plan has been adopted in general conformance with the procedures as set forth in this chapter for adoption of zoning ordinances as applicable to particular pieces of land, said redevelopment plan shall constitute the zoning requirements regulating permitted uses and the manner of development of the land and shall supersede any zoning regulations previously adopted regulating such permitted uses and development standards; provided, however, if any aspect or element of development of the property has not been delineated in the redevelopment plan, the regulations contained in the underlying zoning or in the provisions of this title relating to the particular use involved shall be deemed to be applicable. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1900 § 1, 1980).