This title may be amended by changing the boundaries of districts or by changing any other provision of this chapter whenever the public necessity, convenience and general welfare require such amendment.

(Ord. 82-4 §3 (part)).

Amendments may be initiated by the city council or the planning commission, or by an application of one or more owners of property affected by the proposed amendment.

(Ord. 82-4 §3 (part)).

An application by an individual for an amendment shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed amendment is in general conformance with the general plan and that public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description and scale of drawings of the land and existing buildings shall be submitted with the application. Such application shall be accompanied by appropriate fees.

(Ord. 82-4 §3 (part)).

Upon filing of an application pursuant to this chapter by any person, or upon initiation of an amendment by the city council, the city clerk shall take appropriate steps to schedule and publish notice of a public hearing on the matter before the commission, any such hearing to be held as soon thereafter as the necessary studies and report can be completed by the planning department and necessary legal notice of the hearing can be accomplished, and subject to any rules of the commission relating generally to scheduling of such hearings; provided, however, that in the event any rezoning applied for by a person is determined to be not in general conformance with the General Plan, or if such conformance is doubtful, the application shall be placed on the commission agenda without a public hearing having been called thereon. If the commission decides that any such rezoning would be in conformance with the General Plan, and if it deems it is in the public interest, the commission may call a public hearing thereon.

(Ord. 82-4 §3 (part)).

A.

In the case of any public hearing called in accordance with the provisions of the preceding section, notice of the time and place of the hearing shall be given by at least one publication in a newspaper of general circulation in the city and by mail or delivery to all persons, businesses, corporations or other public or private entities owning real property within three hundred feet of the property which is the subject of the proposed zoning change, at least ten days prior to the public hearing. The names and addresses of such persons, businesses, corporations or entities as shown on the current tax roll records of the county assessor shall be used for giving notice pursuant to this section. In the event that the proposed amendment has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, mailed notice shall also be given to the owner of the property as shown on the last equalized assessment roll.

B.

In the event that the number of owners to whom notice would be sent pursuant to subsection A is greater than one thousand, as an alternative to the notice required by subsection A, notice may be provided pursuant to this subsection. Such notice shall be given at least ten days prior to the hearing by either of the following procedures:

1.

By placing a display advertisement of at least one-fourth page in the newspaper having the general circulation within the area affected by the proposed amendment; or

2.

By placing an insert with any generalized mailing sent by any public agency to property owners in the area affected by the proposed amendment such as billings for services of such agency.

(Ord. 82-4 §3 (part)).

If at the conclusion of any hearing, the commission decides to recommend amendment of this title, the recommendation shall be by motion carried by the affirmative votes of not less than a majority of the total members of the commission. No recommendation for amendment shall be made without a public hearing having been held thereon. No recommendation for amendment shall be made unless the commission adopts findings as follows:

A.

The proposed amendment is required to protect the public health, safety and welfare.

C.

Any other appropriate findings.

(Ord. 85-23 §3 (part)).

A copy of any recommended amendment shall be submitted to the city council, and shall be accompanied by a report of findings, summary of hearings, and recommendations of the commission.

(Ord. 82-4 §3 (part)).

Upon receipt of a copy of any recommended amendment from the commission, the city clerk shall place the matter upon the agenda of the city council at the earliest meeting practicable, having due regard to the rules of the council and time necessary for the giving of notice of public hearing if such notice is required. The city clerk shall schedule the matter for public hearing on the council agenda, and shall cause notice of the time and place of the hearing to be published in a newspaper of general circulation in the city at least ten days prior to such hearing.

(Ord. 82-4 §3 (part)).

In order to amend this chapter, the council shall find as follows:

A.

The proposed amendment is in general conformance with the general plan;

B.

The public necessity, convenience and general welfare require the adoption of the proposed amendment;

C.

Any other appropriate findings.

(Ord. 85-23 §3 (part)).

A.

The city council shall hold a public hearing before adopting any ordinance which amends this chapter. Where a commission recommendation has been made, the council shall not make a change in such proposed amendment until the proposed change has been referred to the commission for a report and copy of the report has been filed with the council. When a council-proposed change in any proposed amendment is referred back to the commission, the failure of the commission to report within forty days after the reference or such longer period as may be designated by the council shall be deemed to be approved by the proposed change.

B.

When it deems it to be for the public interest, the council may initiate an ordinance amending this title. The council shall refer the matter to the commission for report. If the commission has not held a public hearing on the proposed amendment, it shall do so before making its report. The failure of the commission to report within forty days after the reference or such longer period as may be designated by the council shall be deemed to be approval of the proposed amendment.

C.

No provision in this chapter shall be deemed to affect the authority of the council to adopt any temporary interim zoning ordinance pursuant to Section 65858 of the California Government Code.

(Ord. 82-4 §3 (part)).

Whenever an application for an amendment of the text of this title or for rezoning of any property is denied, the application for such amendment of or for rezoning of all or any portion of the property shall not be eligible for reconsideration for one year following such denial, except in the following cases:

A.

Upon initiation by the council or commission;

B.

When the new application, although involving all or a portion of the same property, is for a different zoning district than that previously applied for;

C.

When the previous application was denied for the reason that the proposed zoning would not conform with the general plans, and the General Plan has subsequently been amended in a manner which will allow the proposed zoning.

(Ord. 82-4 §3 (part)).

The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the city. The prezoning of territory shall be accomplished by using the procedure set forth in this chapter. The ordinance prezoning a territory shall become effective upon the effective date of the ordinance or resolution annexing such territory to the city. Any parcel annexed without prezoning shall be automatically zoned (U), unclassified.

(Ord. 82-4 §3 (part)).