The purpose of this Chapter is to establish the procedures for amending any portion of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)

This Title may be amended by changing the boundaries of districts, or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chapter. An amendment may be initiated by any of the following actions.

A.

An application by one or more property owners affected by the proposed amendment;

B.

By direction of the City Council;

C.

By direction of the Planning Commission.

(Ord. 126 § 2, Exh. A(part), 1990)

Applications for an amendment of this Title shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness in accordance with Planning Department policy. Upon determination that an application is complete, the application shall be scheduled for review by the Planning Commission.

An application for amendment of this Title shall consist of the following:

A.

Completed application form;

B.

District map, 25 blueline copies plus one blueline copy colored for presentation purposes. The district map shall be a fully dimensioned, scale drawing clearly showing:

1.

Existing and proposed district boundaries,

2.

All property lines,

3.

North arrow, graphic and numeric scales;

C.

Existing and proposed text;

D.

Three hundred foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit;

E.

Application fee.

The Planning Director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 126 § 2, Exh. A(part), 1990)

The Planning Commission shall hold a public hearing on any proposed amendment and shall notice said hearing in accordance with Sections 65090 and 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

The Planning Commission, after examination of the proposed amendment, shall make its recommendation to the City Council. The Planning Commission shall recommend approval only if it finds:

A.

The proposed amendment will not be:

1.

Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City; or

2.

Injurious to property or improvements in the neighborhood or within the city;

B.

The proposed amendment will be consistent with the latest adopted general plan.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

Upon receiving a recommendation from the Planning Commission regarding a proposed amendment, the City Council shall act as follows:

A.

If the Planning Commission's recommendation is for approval, the City Council shall hold a public hearing on the proposed amendment. Said public hearing shall be noticed in accordance with Sections 65090 and 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting a public hearing, the City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing, shall first be referred back to the Planning Commission for its consideration and recommendation. Such consideration resulting from a City Council referral shall require a public hearing. Failure by the planning commission to report to the City Council on the proposed modification within 40 days, or such longer period as the City Council may designate, shall be deemed an approval of the proposed modification by the Planning Commission.

B.

If the Planning Commission's recommendation is for denial, the City Council shall not be required to take any further action, unless the applicant, any member of the City Council or any other person affected by the decision, within ten calendar days after the action of the Planning Commission, files an application for appeal, accompanied by the appropriate fee, with the City Clerk.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990)

The Department of Building and Safety shall not issue any building permit for the construction of any building, structure, facility or alteration, the construction of which or the proposed use of which would constitute a violation of this Title.

(Ord. 126 § 2, Exh. A(part), 1990)