Subject to the provisions of the state Planning and Zoning Law, proceedings to change zones or uses within zones, to alter boundaries of zones, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed may be initiated and conducted in the following manner:
(A) Motion of the Council on its own initiative;
(B) By motion of the Commission on its own initiative;
(C) By filing with the Commission of an application by the owner(s) of record of the parcel(s) of property for which a change is sought, or by a purchaser thereof under a contract in writing, duly executed and acknowledged by both the buyer and the seller, by a lessee in possession thereof with the written consent of the owner(s) or by the agency of any of the foregoing, duly authorized thereto in writing.
(D) Notwithstanding the provisions of this section, no amendment to the General Plan, any applicable specific plan, or this code that would result in a redesignation of property designated as Hillside Wilderness Preserve (HWP) for non-HWP uses or Hillside Recreation (HR) for non-HR uses shall be effective for any purpose unless such amendment is first approved by the voters of the city.
(E) Notwithstanding the provisions of this section, no amendment to the specific plan, alternative “C” modified density map, adopted by the voters on July 11, 2000, that results in any increase in the permitted density of development for any property shall be effective for any purpose unless such amendment is first approved by the voters of the city.
(F) In the event any amendment requiring voter approval pursuant to divisions (D) or (E) of this section is proposed, the city shall first follow the procedures for adoption or amendment specified in this section and the California Environmental Quality Act. If, following such process, the decision of the City Council is to approve the proposed amendment, the City Council shall take the actions necessary to place the matter on the ballot at the next regular municipal election. The applicant for any such amendment may choose, at the applicant's sole expense, to have the matter considered by the voters at an earlier special election called for that purpose. The applicant shall make such a request to the City Council in writing, together with a cash deposit in the amount reasonably estimated by the City Clerk to be the cost of such special election. At such election, if a majority of those voting vote in favor of the amendment, it shall be approved.
(G) If the decision of the City Council is to deny the requested amendment, the City Council's action shall be final, and the matter shall not be submitted for the voters' consideration.
(H) The voter approval requirements of this section shall not apply to any of the following actions, provided at least one noticed public hearing is held by the City Council prior to final action:
(1) Amendments or adoptions found by the courts or, on the advice of legal counsel, to be necessary to avoid an unconstitutional taking of the landowner's property;
(2) Reorganization, renumbering or updating elements of the General Plan in accordance with state law, provided that there in no reduction in the property designated as open space;
(3) Amendments or adoptions to designate new or additional property as Hillside Wilderness Preserve or Hillside Recreation.
(`83 Code, § 17.52.050) (Ord. 94-03 § 6, 1994; Ord. 2000-06 § 6, 2000)