Boundaries of zones established by this title, the classification of property uses therein, or other provisions of this title may be amended whenever public necessity and convenience and general welfare require.

(Prior code § 9850)

A.

Amendments of the provisions of this title or the reclassification of specific properties from one zone to another shall be initiated only in one of the following ways:

1.

By motion of the city council;

2.

By motion of the commission;

3.

With reference to the reclassification of specific real property, by the owner thereof, or his/her authorized agent, or by any public utility which has commenced the exercise of its power of eminent domain with regard to such property; or

4.

With reference to an amendment to specific regulations by any person who is a resident of the city or an owner of property within the city.

B.

Nothing contained herein shall be deemed to prevent the city council from taking action pursuant to Section 65858 of the Government Code.

(Ord. 1084 § 1 (part), 1992; prior code § 9851)

The director shall prepare a suitable applicable form, entitled "Request for Zone Change," and shall assist any applicant in preparing the request form. Any such application shall be accepted for filing by the director only upon the payment by the applicant of a filing and processing fee in a sum set by the council. Any applicant may, in writing, withdraw his/her request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Ord. 1084 § 1 (part), 1992; prior code § 9852)

The commission shall conduct a noticed public hearing on each proposed amendment. The secretary of the commission shall give notice of such hearing.

The applicant, where mailings are required, shall supply the director with a list of the names of the property owners who own property within three hundred feet of the external boundaries of the subject property.

(Ord. 1084 § 1 (part), 1992; prior code § 9853)

A.

After conducting a hearing on any proposed amendment, the commission, based upon its decision as to whether the public interest, convenience and necessity so require, shall take one of the following courses of action:

1.

Recommend to the city council that the requested amendment be granted, as requested;

2.

Recommend to the city council that the requested amendment be granted in part, or as modified by the commission; or

3.

Deny the requested amendment.

B.

The commission's action shall be by resolution. Where the commission's action is to deny the requested amendment, such decision shall be final and conclusive in the absence of an appeal, as hereinafter provided. Where the commission's recommendation is made pursuant to subsection (A)(1) or (2) of this section, the entire matter requested or initiated shall be considered by the council.

(Ord. 1084 § 1 (part), 1992: prior code § 9854)

The decision of the planning commission, in the case of a denial of a proposed amendment, shall be final and conclusive in the absence of an appeal taken in the time and manner specified in Chapter 17.66 of this title.

Upon the timely filing of an appeal, together with the payment of a fee in an amount set by the city council, the city clerk shall immediately advise the secretary of the commission thereof, who shall thereupon transmit to the city clerk the commission files in connection with matter.

(Ord. 1234 § 12, 2005: prior code § 9855)

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another where it finds that such conditions must be imposed so that such reclassification shall not create problems inimical to the public health, safety and general welfare of the city.

(Ord. 1084 § 1 (part), 1992: prior code § 9857)