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Article 29. Amendments
An amendment to the provisions of this chapter, which amendment changes any property from one zone to another, or which imposes any regulation set forth in Section 65850 of the Government Code of the State not theretofore imposed, or which removes or modifies any such regulation theretofore imposed, shall be adopted in the manner set forth in this article. Any other amendment to the provisions of this chapter may be adopted as other ordinances are adopted.
(§ 8164, T.O.O.C., as amended by § 1, Ord. 145, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)
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)
The Commission may prescribe the form and scope of applications for changes in zone boundaries or zone classifications. Applications shall be filed in the office of the Commission. The Commission may supply blank forms for such purposes and may prescribe the type of information, data, and papers to be filed and the number of copies thereof. No application shall be accepted for filing or shall be processed unless it complies with such requirements.
(§ 8164.2, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)
To cover the expenses of postage, posting, advertising, printing, and other items incidental to proceedings, a fee prescribed by Council resolution shall be paid upon the filing of a zone change. No application shall be accepted for filing or processing unless such fee is paid.
(§ 8164.3, T.O.O.C., as amended by § 2, Ord. 43, § XVII, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § XVI, Ord. 581-NS, eff. August 12, 1976, and § XIV, Ord. 776-NS, eff. April 16, 1981)
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