This title may be amended by changing the boundaries of districts, by adding new zoning districts, or by changing any other provision of this title whenever the public necessity, convenience and general welfare require such amendment.

(Ord. 52, Ch. III § 1(a), 1968; Ord. 377, 2004)

Amendments may be initiated by the City Council or the Planning Commission or by a qualified applicant whose property is affected by the proposed amendment.

(Ord. 52, Ch. III § 1(b), 1968)

An application by an individual for an amendment which, if approved, would rezone the property covered by the application from one district to another, or which requests the changing of any provisions of this title, including an application for a Planned Unit District zoning (P.U.D.), shall be filed with the City Clerk and accompanied by a fee in such amount as may be fixed from time to time by resolution of the City Council.

(Ord. 52, Ch. III § 1(c) (part), 1968; Ord. 84, § 2, 1970; Ord. 172 § 3, 1977)

The application shall also be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in general conformance with the General Plan, if one is in effect at the time, and that the public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description of the lands and existing buildings shall also be submitted with the application, along with any other documents or data required by the Planning Commission.

(Ord. 52, Ch. III § 1(c)(part), 1968)

Upon filing of an application pursuant to this chapter by any person, or upon initiation of an amendment by the City Council or Planning Commission, the City Clerk shall take appropriate steps to schedule the matter on the Planning Commission agenda. The City Clerk shall cause notice of the public hearing on the matter before the Commission, if such public hearing is required by California Government Code § 65853, to be given in the manner and for the time required by California Government Code § 65854. The public hearing shall be scheduled to be held as soon as the necessary studies and report can be completed by the Planning Commission and its consultants and necessary legal notice of hearing can be accomplished, subject to any rules of the Commission relating generally to the scheduling of such hearings.

(Ord. 52, Ch. III § 1(d), 1968)

If at the conclusion of any hearing, the Commission decides to recommend amendment of this title, the recommendation shall be by resolution carried by the affirmative votes of not less than a majority of the total voting members of the Commission. No recommendation for amendment shall be made without a public hearing having been held thereon; provided, however, that notwithstanding any other provision of this chapter, the Commission may, without having held a public hearing, recommend an amendment which does not change any property from one district to another, and which does not impose any regulation listed in California Government Code § 65850 not theretofore imposed or which does not remove or modify any such regulation theretofore imposed. No recommendation for amendment shall be made unless the Commission finds that such proposed amendment, is in general conformance with the General Plan, if one be in effect at said time, and that the public necessity, convenience and general welfare require the adoption of the proposed amendment.

(Ord. 52, Ch. III § 1(e), 1968)

A copy of any decision recommending an amendment which changes any property from one district to another or denying a request for such a zoning district change, or imposing any regulation listed in California Government Code § 65850 not theretofore imposed or removing or modifying any such regulation theretofore imposed, shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearings, recommendations of the Commission and the reasons therefor.

(Ord. 52, Ch. III § 1(f), 1968)

In the event the Commission, recommends denial of the application, or any portion thereof, with or without a public hearing, the applicant may appeal the determination to the City Council, pursuant to and in accordance with the provisions of Sections 17.68.020 and 17.68.030 of this title.

(Ord. 52, Ch. III § 1(g), 1968)

Upon receipt of a copy of any recommended amendment from the Commission, the City Clerk shall place the matter upon the agenda of the City Council at the earliest meeting practicable having due regard for the rules of the Council and time necessary for the giving of notice of public hearing if such notice is required. If the amendment recommended is to change any property from one district to another or to impose any regulation listed in California Government Code § 65850 not theretofore imposed or to remove or modify any such regulation theretofore imposed, the City Clerk shall schedule the matter for public hearing on the Council agenda and shall cause notice of the time and place of the hearing to be given in accordance with the provisions of California Government Code § 65854.

(Ord. 52, Ch. III § 1(h), 1968)

In order to amend this title, the Council shall find the following:

A.

That the proposed amendment is in general conformance with the General Plan, if such General Plan has been adopted by the City;

B.

That the public necessity, conveniences, and general welfare require the adoption of the proposed amendment.

(Ord. 52, Ch. III § 1(i), 1968)

The City Council shall hold a public hearing before adopting any ordinance which amends this title by changing any property from one district to another, or by imposing any regulation listed in California Government Code § 65850 not theretofore imposed or by removing or modifying any such regulation theretofore imposed. Where a Commission recommendation has such effect, the Council shall not make a change in such proposed amendment until the proposed change has been referred to the Commission for a report and a copy of the report has been filed with the Council. Where a Commission recommendation does not have such effect, the Council may make changes in the proposed amendment without such a reference back to the Commission. When a Council proposed change in any proposed amendment is referred back to the Commission, the failure of the Commission to report within forty (40) days after the reference or such longer period as may be designated by the Council shall be deemed to be approval of the proposed change.

(Ord. 52, Ch. III § 1(j)(1), 1968)

When it deems it to be for the public interest, the Council may initiate an ordinance amending this title. If the proposed amendment does not change any property from one district to another or impose any regulation listed in California Government Code § 65850 not theretofore imposed or remove or modify any such regulation theretofore imposed, the ordinance may be adopted as other ordinances are adopted, but if the proposed ordinance has such effect, then the Council shall refer it to the Commission for report. If the Commission has not held a public hearing on the proposed amendment it shall do so before making its report. The failure of the Commission to report within forty (40) days after reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed amendment.

(Ord. 52, Ch. III § 1(j)(2), 1968)

No provision in this title shall be deemed to affect the authority of the Council to adopt any temporary interim zoning ordinance pursuant to California Government Code § 65858.

(Ord. 52, Ch. III § 1(j)(3), 1968)

Whenever an application for an amendment of the text of this title or for rezoning of any property is denied, the application for such amendment or for rezoning of all or any portion of the property shall not be eligible for reconsideration for one year following such denial, except in the following cases:

A.

Upon initiation by the Council or Commission;

B.

When the new application, although involving all or a portion of the same property, is for a different zoning district than that previously applied for; and

C.

When the previous application was denied for the reason that the proposed zoning would not conform with the General Plan, and the General Plan has subsequently been amended in a manner which will allow the proposed zoning.

(Ord. 52, Ch. III (k), 1968)