Any amendment to the zoning map charging any property from one zone to another shall be made according to the provisions of this chapter. An amendment to the zoning map constitutes a precise plan under the State Planning Law.

(`78 Code, § 17.104.010.)

   An amendment to this title or a change in the accompanying Official Zoning Map may be initiated by a resolution of intention by the Planning Commission or the Council or by an application of one or more of the owners of property affected by the proposed amendment or change.

(`78 Code, § 17.104.020.)

   Applications shall be filed with the Secretary of the Planning Commission on forms which will be furnished by the Secretary, and applications shall be accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure fullest practicable presentation of facts for the permanent record.

(`78 Code, § 17.104.030.)

   No application from an owner of property for the same general purpose concerning the same property which has been denied by the Planning Commission shall be received or processed by the Secretary of the Planning Commission within 12 months of such denial except by unanimous action of the members of the Commission present at a regular meeting of the Commission.

(`78 Code, § 17.104.040.)

   A filing fee as established by City Council resolution or any amendments thereto shall be paid at the time of the filing of an owner’s or owner’s representative’s application, but no fee will be required in the case of proceedings instituted by either the Council or the Planning Commission.

(`78 Code, § 17.104.050.)

   A filing fee as established by City Council resolution or any amendments thereto for an appeal to the City Council from a decision of the Planning Commission relating to an application for a change of zone under the provisions of this chapter must be paid at the time of filing for such appeal.

(`78 Code, § 17.104.060.)

   (A)   Upon the filing of any such application and the payment of the required fee, the Secretary of the Planning Commission shall set a date for one public hearing thereon before the Commission. The date of the hearing shall be not less than ten days from the date of filing such application, nor more than 45 days from the date of filing such application.

   (B)   Notice of public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property.

   (C)   Notice shall be published at least once in a newspaper of general circulation in the city not less than ten days before the hearing date.

   (D)   Notice shall be mailed, postage prepaid, not less than ten days before the hearing date to owners of property within a radius of 300 feet of the exterior boundaries of the subject property.

   (E)   Notice shall be posted in front of the property under consideration not less than ten days prior to the date of the hearing, the notice consisting of the words "NOTICE OF CHANGE OF ZONE" printed in plain type with letters of not less than one inch in height and containing a statement in legible characters setting forth a description of the property under consid eration, the nature of the proposed change of zone and the time and place at which such public hearing on the matter will be held before the Commission. Copies of such notice may also be posted not more than 150 feet apart on each side of each street or public way within 300 feet of the external boundaries of the property involved.

(`78 Code, § 17.104.070.)

   The Planning Commission shall cause to be made by any of its own members or by any member or members of its staff, such investigation of facts bearing upon the application or matter set for hearing (including any analysis of precedent cases) as in the opinion of the Commission will serve to provide the necessary information to enable the Commission to act.

(`78 Code, § 17.104.080.)

   (A)   At the time and place so fixed and noticed, the public hearing shall be conducted before the Planning Commission. The Commission may establish its own rules for the conducting of public hearings and the member of the Commission presiding at such hearings is empowered to administer oaths to any person testifying.

   (B)   The Commission may for such reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

   (C)   A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication and records of action taken shall be a part of the permanent files of the case.

(`78 Code, § 17.104.090.)

   (A)   If, from the facts presented to the Commission at the public hearing, the Commission by a majority vote of the entire Commission finds that the lot area development standard for the proposed zone is the same as the lot area designated on the General Plan Map for the property subject to the proposed zone change and finds further that the proposed zone change, or any portion thereof, is in the interests of the public health, safety, necessity, convenience, general welfare and is in accordance with good zoning practice, the Commission shall recommend approval of such proposed change of zone to the Council. If the Commission cannot make such findings, it shall deny the proposed change of zone. The denial shall be final unless appealed to and overturned by the Council pursuant to state law and this code.

   (B)   The Commission shall make its findings and recommend approval or shall deny the proposed zone change in writing within 35 days from the date of the close of the hearing and shall forthwith transmit a copy thereof to the applicant. The Commission shall transmit to the Council the report of its findings and recommendation thereon, together with the records of its proceedings, including the application, minutes of the hearing and exhibits admitted at the hearing. If the Commission fails to make findings and a recommendation within the time specified in this section, it shall lose jurisdiction thereof and the applicant may appeal.

   (C)   Commission denials hereunder shall be legally equivalent to recommendations under Cal. Gov’t Code § 65855, and no further action thereon shall be taken by the Council unless the applicant complies with Cal. Gov’t Code § 65856 and § 17.104.130 of this code. The transmittal requirements of Cal. Gov’t Code § 56855 are met by division (B) of this section.

(`78 Code, § 17.104.100.) (Ord. 1890 § 1, 1988.)

   Upon receipt of the application, together with the Commission’s report and recommendations relative thereto, the Council shall within not less than ten nor more than 30 days of the receipt conduct a public hearing. After Council has conducted the hearing with notice thereof as provided in this chapter, they (Council) shall either:

   (A)   Confirm the recommendation of the Commission and effect such change or amendment by ordinance; or

   (B)   If the Council does not agree with all or any part of the Commission’s recommendations, refer the matter back to the Commission for a report on the parts in question. Upon receiving the report of the Commission, the Council may, by ordinance, effect any change or amendment even though the Commission does not concur.

(`78 Code, § 17.104.110.)

   The Commission, in recommending, and the Council, in reviewing a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property:

   (A)   The proposed change of zone is in conformity with the General Plan Map and report, and the lot area development standard for the proposed zone is the same as the lot area designated on the General Plan Map for the property subject to the proposed zone change. If it is necessary that the General Plan Map and/or report be amended in order that a proposed change of zone may meet the condition provided in this section, the proceedings to so amend the General Plan may be held concurrently with the necessary proceedings for the proposed change of zone.

   (B)   The subject property is suitable for the uses permitted in terms of access, size of parcel, relationship to similar or related uses and other considerations deemed relevant by the Commission and Council.

   (C)   The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.

(`78 Code, § 17.104.120.)

   (A)   If the Commission does not recommend approval of the proposed zone change, or the Commission fails to act within the applicable time limits, the applicant may appeal the proposal to the Council by filing written notice of appeal with the Secretary of the Commission. The appeal must be filed no later than ten working days from the date of decision or ten working days after the expiration of the Commission’s time limits.

   (B)   Upon receipt of the appeal, the Commission shall make a report to the Council disclosing in what respect it failed to find that the public necessity, convenience, general welfare or good zoning practice required the change or amendment involved. The Council may grant any appealed application, but before making any change in the recommendation of the Commission, the Council must conduct a public hearing thereon with notice as provided in this chapter and must make a written finding of fact setting forth wherein the Commission’s findings were in error.

   (C)   The procedure of the Council in effecting a change of amendment initiated by resolution of intention, rather than by application of property owners, which has been disapproved by the Commission, shall be the same as that set forth for the granting of an appealed application.

(`78 Code, § 17.104.130.) (Ord. 2533 § 6, 2001; Ord. 1890 § 2, 1988.)

   The original of the Official Zoning Map shall be kept on file with the City Clerk and shall constitute the original records. A copy of the map shall be filed with the Planning Department.

(`78 Code, § 17.104.140.)

   All amendments and changes shall be published by the City Clerk within 15 days after passage of such amendments. These data shall at that time be filed with the Planning Director. A new amended Official Zoning Map shall be prepared by the Planning Department at the end of each fiscal year upon which shall be shown all changes and amendments enacted during the previous period of time. The Zoning Map shall thereafter be filed with the City Clerk and Planning Department.

(`78 Code, § 17.104.150.)

   The Council may from time to time order the revision of the Official Zoning Map by the Planning Department in order to include all changes to date and to replace the original or amended Official Zoning Map which is part of the ordinance codified in this title. No changes shall be made upon such revised map that have not been made through regular zones change procedure.

(`78 Code, § 17.104.160.)