An amendment to the zoning ordinance is intended to accommodate changes in city goals and provide means of implementing these goals as they affect public health, safety and welfare.

When public necessity, convenience and welfare justify a zoning ordinance amendment, the planning commission, city council or an individual may initiate a change in the provisions of this title.

Amendments to the standards which include additions of words, phrases, sentences, and sections, or the change or elimination of such, shall be approved only if:

A.

The amendment is consistent with the general plan of the city and specified plans of the area; and

B.

The amendment shall promote the public health, safety and welfare and will better serve the goals and purposes of this title.

(Ord. 335-96 §3(part), 1996).

The requirements and procedures of this chapter shall apply to all applications for zone changes and amendments to the zoning code.

(Ord. 335-96 §3(part), 1996).

A.

Amendments of the provisions of this chapter, 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; or

2.

By motion of the commission; or

3.

With reference to the reclassification of specific real property, by the owner thereof, or his 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 zoning regulations, by any person who is a resident of the city, or an owner of property within the city.

B.

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

(Ord. 335-96 §3(part), 1996).

The director shall prepare suitable application forms. Any such application shall be accepted for filing by the director only upon payment by the applicant of a filing and processing fee in a sum set by resolution of the city council. Any applicant may, in writing, withdraw the 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. 335-96 §3(part), 1996).

A.

Notice of the time and place of public hearings before the commission and council, on zone changes and amendments to the zoning code, shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of three hundred feet from the external boundaries of the property to which the application relates, addressed to the owners as shown on the latest equalized assessment roll of the county and by publication at least once, not less than ten days prior to the date of the hearing in a newspaper of general circulation within the city.

B.

Such notices shall describe the subject property, and contain a brief description of the request and the date, time and place of the public hearing.

(Ord. 335-96 §3(part), 1996).

The commission and council shall conduct noticed public hearings on each such application in the time and manner prescribed by state law.

(Ord. 335-96 §3(part), 1996).

A.

After conducting noticed public hearing on any proposed zone change or code amendment, the commission, based on the evidence presented, shall take one of the following courses of action:

1.

Recommend to the city council that the request be granted; or

2.

Recommend to the city council that the request be granted in part, and denied in part; or

3.

Recommend to the city council that the request be denied.

B.

The commission's action shall be by resolution and contain a brief statement of facts upon which the action is based, adopted by not less than a majority of its total voting members.

(Ord. 335-96 §3(part), 1996).

A.

Upon receipt by the city clerk of a commission recommendation relating to a code amendment or zone change, the clerk shall give the same type of notice of hearing before the council, as is required for hearings before the planning commission. The city council shall conduct a de novo hearing upon such matter. 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 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 forty 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 five calendar days after the action of the planning commission, files an application for appeal with the city clerk.

(Ord. 335-96 §3(part), 1996).

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. 335-96 §3(part), 1996).

Following the adoption of the resolution by the planning commission or the city council, the secretary of the planning commission shall mail a copy thereof to the applicant and any other person requesting the same.

(Ord. 335-96 §3(part), 1996).

Inadvertent failure to give notice in the manner prescribed in this chapter shall have no effect upon any proceeding before the commission or the council.

(Ord. 335-96 §3(part), 1996).