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A proposed change of the boundaries of a zoned area, or a proposed change of zone classification, or a proposed amendment to the provisions of this chapter may be initiated as follows:
(a) By the adoption of a resolution by the Council requesting the Commission to set the matter for hearing, report, and recommendation;
(b) By the adoption of a resolution by the Commission setting the matter for hearing and study; and
(c) By filing with the Community Development Director a verified application of a change of zone classification by the owner of the property, by a person with a power of attorney from the owner, or by the attorney-at-law of the owner. If the applicant complies with all the provisions of this article, the Community Development Director shall set the matter for public hearing. An application submitted to the Community Development Department after 5:00 p.m. on Monday shall not be considered filed until the following Monday.
The Community Development Director shall not accept for processing a zone change application which proposes zoning inconsistent with the adopted Elements of the General Plan. If a zone change application is presented for filing with the Community Development Director which is inconsistent with the General Plan, the following procedures shall apply:
(d) The Community Development Director shall notify the applicant of his determination of the inconsistency of the proposed zoning with the General Plan and his reasons therefor. The Community Development Director shall also advise the applicant of his right to appeal this determination and, alternatively, the procedure for initiating an amendment to the General Plan.
(e) Within twenty (20) calendar days after such notification by the Community Development Director, an appeal of this determination may be taken by the applicant. An appeal may be commenced only by filing with the Community Development Department a notice of appeal which specifies the grounds of appeal.
(f) Upon the receipt of a notice of appeal, the Community Development Director shall schedule the matter for Commission consideration and shall notify the applicant of the hearing date. Such consideration shall only deal with the decision of the Community Development Director as to the consistency of the proposed zoning with the General Plan and shall not include a discussion of the merits of the proposed zone change application itself.
(g) If the Commission approves the appeal and reverses the decision of the Community Development Director, and if all other aspects of the application are in order, the Community
Development Director shall accept the zone change application for processing in the manner specified in this article.
(h) If the Commission denies the appeal of the applicant, this decision shall become final upon the expiration of ten (10) days following such denial unless the applicant files, within ten (10) days after such denial, a written application with the Commission requesting that the matter be forwarded to the Council for further consideration and final appeal.
(i) Upon the receipt of the proper notice of appeal within ten (10) days after a denial, the Commission shall forward to the Council the resolution denying the appeal and all reports relating thereto. Upon the receipt of such resolution and reports, the City Clerk shall set the matter for hearing by the Council.
(j) If the Council denies the appeal, the zone change application shall not be processed by the Community Development Department. If the Council approves the appeal and reverses the decision of the Commission, and if all other aspects of the application are in order, the Community Development Director shall accept the zone change application for processing in the manner specified in this article.
(§ 8164.1, T.O.O.C., as amended by § 11, Ord. 142-NS, eff. March 26, 1970, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § II, Ord. 436-NS, eff. April 25, 1974)