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(A) Before changes in the zoning districts boundaries are made, it shall be shown and the Commission and City Council shall find and determine the following:
(1) That the proposed zone reclassification will allow uses more suitable for the area than the present classification.
(2) That uses permitted by the proposed zone will not be detrimental to adjacent or surrounding property.
(3) That evidence has been presented documenting land use changes in the area to warrant a change of zone.
(4) That the requested zone change is in conformance with the General Plan.
(B) Amendments to any other provisions of this chapter may be made whenever the public necessity, convenience, and general welfare require such by using the procedures set forth in this article.
(Ord. 897-C-S, passed 10-25-94)
(A) Amendments to this chapter and the zoning map may be initiated by the verified petition of 100% of the owners of property included by the proposed amendment, which petition shall be filed with the Commission and be accompanied by a fee established by a resolution of the City Council.
(B) Amendments to provisions of the text of this chapter may be initiated by the petition of one or more property owners, which petition shall be filed with the City Council and the Commission, and be accompanied by a fee established by a resolution of the City Council.
(C) Amendments to this chapter or map may also be initiated by a resolution of intention of the Council or of the Commission.
(Ord. 897-C-S, passed 10-25-94)
(A) The Commission shall hold at least one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general circulation within the city at least 10 days prior to such hearings. The hearing notice shall be mailed or delivered at least 10 days before the hearing to the owner of real property and to the project applicant.
(B) In the event the proposed amendment consists of a change of the boundaries of any district to any other district, where the total number of lots or notices involved is less than 999, the Commission shall give additional notice of the time and place of such hearings and of the purpose thereof by mailing a written notice not less than 10 days prior to the date of the first of such hearings to the owners of property within a radius of 300 feet of the exterior boundaries of the property to be changed, using for this purpose the last known name and address of such owners as shown upon the assessment roll of the county. Each such notice shall contain a statement setting forth a general description of the property involved, the proposed change of the district, the time and place at which the public hearings on the proposed change will be held, and any other information which the Commission may deem to be necessary throughout the general area of the proposed change.
(C) If a proposed zoning map amendment includes notification to 1,000 or more lots, notice may be given in accord with Cal. Gov't Code § 65091 (a)(3) which states as follows:
SECTION § 65091(a)(3). Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(D) The Planning Commission may schedule a combined public hearing on multiple applications for zoning map or text amendments.
(Ord. 897-C-S, passed 10-25-94)
Following such hearing, the Commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the Council a copy of such report within 40 days after the Commission action, provided, however, such time limit may be extended upon the mutual agreement of the persons having an interest in the proceedings.
(Ord. 897-C-S, passed 10-25-94)
(A) Upon receipt of such report from the Commission, the Council shall set the matter for public hearing after giving notice thereof and of the proposed amendment as provided by law. After the conclusion of such hearing the Council may adopt the amendments, or any part thereof, set forth in the original petition in such form as the Council may deem to be advisable, with the action becoming final after a second Council hearing.
(B) The decision of the Council shall be rendered within a reasonable period of time after the receipt of the final report and recommendations from the Commission.
(Ord. 897-C-S, passed 10-25-94)
ARTICLE 29: INTERPRETATIONS, ENFORCEMENT AND PENALTY
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