(A) General provisions. An amendment to this title or a rezoning may amend, supplement or change the regulations for zoning of property now or hereafter established by this title; provided, that the city zoning regulations shall be consistent with the general plan in accordance with Cal. Gov’t Code § 65860. In the event these zoning regulations become inconsistent with the general plan by reason of amendment to said plan, or to any element of such plan, these zoning regulations shall be amended within a reasonable time to remain consistent with the general plan.
(B) Application for amendment or rezoning initiation. An amendment or rezoning may be initiated by any one of the following:
1. Resolution of intention of the Planning Commission. The City Council must approve the resolution of intention by the Planning Commission prior to initiation of the requested amendment or rezone;
2. Resolution of intention of the City Council;
3. (a) A verified petition of one or more record owners of the property subject to the proposed amendment, to be filed with the Planning Commission; and
(b) An application form, accompanied by the appropriate fees, must be filed with the city.
4. The City Manager, by directing staff to prepare a proposed amendment or amendments.
(C) Hearings. The Planning Commission shall hold public hearings as required by law on any proposed amendment or rezoning and shall give public notice including time, place and a general description of the area in question by the following methods:
1. In connection with the hearing on the proposed rezoning of property or amendment of the text of this title, at least one publication in an official newspaper of general circulation in the county not less than ten calendar days prior to the date of the hearing; and
2. In connection with prezoning, at least one notice shall be published in an official newspaper of general circulation in the county not less than ten days prior to the date of the hearing.
(D) Planning Commission. After the hearing, the Planning Commission shall submit its recommendation in written form to the City Council. The recommendation shall include the reasons for the recommendation, relationship of the proposed ordinance or amendment to the adopted general plan and shall be transmitted to the City Council in the form and manner as may be specified by the City Council.
(E) City Council action. Upon receipt of the recommendation of the Planning Commission, the City Council shall set the matter for public hearing and give notice of the time, place and purpose of such hearing by causing a notice thereof to be published in at least one regular issue of the official newspaper of general circulation in the county at least ten days before said hearing.
(F) Determination. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, that any modification of the proposed amendment or rezoning by the City Council shall first be referred to the Planning Commission for report and recommendation, but not requiring a public hearing. Failure of the Planning Commission to act within 40 days, after such reference or such longer period as designated by the City Council, shall be deemed to be approval of the proposed modification.
(G) Withdrawal of petition or appeal. The Planning Commission or the City Council, at its discretion, may permit the withdrawal of any petition or appeal filed hereunder, or may abandon any proceedings for an amendment or rezoning initiated by itself.
(H) Reapplication. In the event of a denial of an amendment or rezoning, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial.
(I) Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.
(Ord. 553, passed 8-16-2005; Ord. 601, passed 3-19-2013)