This Chapter and the zoning map adopted hereunder may be amended by changing the boundaries of any district, or by reclassifying any area from one district to another, or by changing any regulation contained in this Chapter, in accordance with the procedure set forth in this Article.

(a)

A change in the boundaries of any district or a reclassification of any property may be initiated by the owner of the property for which the change is proposed by filing an application pursuant to Section 15-85.030. If the property which is the subject of such application is in more than one ownership, all of the owners must join in the application.

(b)

Any amendment to this Chapter and the zoning map adopted hereunder may be initiated by the Planning Commission or by the City Council in the form of a directive to the Planning Commission that it consider a proposed amendment and submit its recommendation thereon to the City Council.

(c)

Nothing contained in this Article shall prevent the City Council from enacting a temporary urgency ordinance in accordance with the provisions of Section 65858 of the Government Code and subject to the requirements and limitations contained therein.

(a)

Application for a change in the boundaries of a district or reclassification shall be filed by the owner or owners of the affected property with the Community Development Director on such form as he shall prescribe. The application shall include the following:

(1)

Address or description of the property and the intended use if the district boundaries are changed or the property is reclassified as requested in the application.

(2)

An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the location of streets and property lines and the names and addresses of the owners of all the properties shown on the drawing as such names appear on the latest available assessment roll of the County.

(3)

A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner.

(b)

The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the City Council, together with a deposit of the estimated cost of noticing the public hearing as determined by the Community Development Director.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

The Community Development Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

The Planning Commission shall hold at least one public hearing on the proposed amendment. Notice of the time and place of such hearing shall be given as follows:

(a)

Where the amendment is to change the boundaries of a district or General Plan land use designation or to reclassify any property from one district or General Plan land use designation to another or to change the permitted or conditional use of a specific site, notice shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing the notice, postage prepaid, to all owners whose property is the subject of such boundary change, reclassification or change of use, to persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the property which is the subject of the amendment, and, for amendments to zoning districts or General Plan designations or property reclassifications, to all persons whose names appear on the latest available assessment roll of the County as owning property within the City of Saratoga. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

(b)

Where the amendment is to add, modify, delete or otherwise change any provision or regulation of this Chapter, except a change in district boundaries or a reclassification or change in use as described in subsection (a) of this Section, notice of the public hearing shall be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

(Ord. No. 383, § 1(Exh. A, § 14), 11-17-2021

(a)

Following the conclusion of the public hearing, the Planning Commission shall determine whether the proposed amendment should be adopted. The Commission shall transmit its recommendation to the City Council, in writing, together with a copy of the application, if any, and the documents submitted in connection therewith, the report to the Commission from the Community Development Director, the minutes of proceedings conducted by the Commission and the resolution and findings, if any, adopted by the Commission with respect to the proposed amendment.

(b)

The Planning Commission may recommend that an application be granted subject to conditions, including a conditional reclassification as provided in Section 15-85.090 of this Article. No further public hearing shall be required with respect to any subsequent determination as to whether such conditions have been satisfied.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(a)

Upon receipt of the recommendation of the Planning Commission, the City Council shall conduct a public hearing on the proposed amendment; provided, however, if the amendment has been initiated by the Planning Commission or the City Council pursuant to Section 15-85.020(b) of this Article and the Planning Commission has recommended that such amendment not be adopted, the City Council shall not be required to take any further action on the amendment unless the Council directs the City Clerk to schedule the matter for a public hearing or unless a written request for such hearing is filed by an interested person with the City Clerk within five days after the Planning Commission submits its recommendation to the City Council.

(b)

If a public hearing is conducted by the City Council, notice thereof shall be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

The City Council may approve, modify or reject the recommendation of the Planning Commission; provided, however, that any modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its public hearing, shall first be referred back to the Planning Commission for its report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure by the Planning Commission to issue its report within forty days after the referral, or such longer period as may be designated by the City Council, shall be deemed to be an approval by the Planning Commission of the proposed modification.

(a)

On any change of the boundaries of a district, or any reclassification from one district to another, where the change is initiated by the owner or owners of the affected property pursuant to Section 15-85.020(a), such boundary change or reclassification may be subject to conditions which must be satisfied before the amendment ordinance becomes effective, including, but not limited to, the following:

(1)

That one or more of the uses for which the property was reclassified shall be established within a specified period of time as set forth in the ordinance;

(2)

That a particular use represented by the applicant as being intended by him shall be established within a specified period of time;

(3)

That a particular structure or structures represented by the applicant as being intended by him, shall be established and constructed within a specified period of time, and in accord with such plans as presented by the applicant in requesting the change of zoning and as approved by the City Council.

(b)

During the period of time commencing with the date occurring thirty days after the adoption of the conditional reclassification ordinance, and ending with the expiration of the time period within which such conditions are to be satisfied, the site may be used for the establishment of such uses and the erection of such structures as will be permitted if the reclassification ordinance becomes effective, even though not otherwise permitted by the regulations of the district in which the property will remain classified until such ordinance becomes effective.

(c)

The rezoning shall become effective when all conditions of reclassification have been satisfied within the time frame established in the Reclassification Ordinance. In the event that all of said conditions are not satisfied, the Reclassification Ordinance shall not become effective for any purpose and any use established or structure constructed which is not a permitted use or structure under the regulations of the district classification to which the property is still subjected shall not be permitted to continue under any of the provisions of Article 15-65 of this Chapter relating to nonconforming uses and structures, and the same shall in all respects be prohibited as if the conditional Reclassification Ordinance had never been enacted. Any such nonconforming use shall immediately be discontinued the day following the last day within which said conditions are to have been performed, and each nonconforming structure shall be removed and abated within thirty days thereafter.

(d)

The City Council may require, as a condition precedent to the adoption of an ordinance conditionally reclassifying lands from one district to another, that the applicant provide the City with such cash or surety bond as in the judgment of the City Council will be adequate to guarantee that the applicant will discontinue any nonconforming use or structure on the failure to comply with the conditions of the conditional reclassification within the specified time limit.

Following the denial by the City Council of any application for amendment to this Chapter initiated by an owner of property pursuant to Section 15-85.020(a), no new application for the same or substantially the same amendment shall be filed within one year from the date of denial, unless such denial is specifically stated by the City Council to be without prejudice.

Unincorporated territory adjoining the City may be prezoned to any district classification established by this Chapter. The same procedure shall be followed for the prezoning as provided by this Article for reclassification of property from one district to another. If such territory is subsequently annexed to the city, the zoning shall automatically become effective at the same time the annexation becomes effective.

(Amended by Ord. 71.98 § 13(b), 1991)