Chapter 17.60
AMENDMENTS
Sections:
17.60.020 Amendment – Initiation.
17.60.030 Hearings – By planning commission.
17.60.040 Report of planning commission's findings.
17.60.050 Hearing – By city council.
17.60.060 Decision of city council.
17.60.070 Failure to provide notice.
17.60.010 Purpose.
This title may be amended by ordinance whenever the public necessity, convenience or general welfare requires. Any proposed amendment which changes property from one zone to another or imposes any zoning regulation not previously imposed or which removes or modifies any such regulation therefor imposed, as set forth in Government Code Section 65850, must be adopted in accordance with the procedure set forth in Government Code Sections 65854 through 65857, as summarized in the following sections. Any other amendment to this title may be adopted in the same manner as other ordinance amendments. (Ord. 495 § 1, 2005)
17.60.020 Amendment – Initiation.
An amendment may be initiated by direction of the city council or planning commission, or by petition of one or more interested property owners, accompanied by a filing fee as specified by the city council. When an amendment is initiated by petition, said petition shall be verified by at least one owner of property within the area to be impacted by the proposed amendment, or by an authorized agent thereof attesting to the truth and correctness of the information contained therein. (Ord. 495 § 1, 2005)
17.60.030 Hearings – By planning commission.
For proposed amendments requiring special hearing procedures pursuant to Government Code Sections 65853 through 65855, the planning commission, not later than at its next succeeding meeting following initiation of a proposed amendment in the manner set forth in EMC 17.60.020, shall set the times and places for such public hearings thereon as may be required by law, and shall give notice of such hearings as may be required by law. In addition to the notice required by law, as set forth in Government Code Sections 65090 and 65091, the planning commission may give notice of the hearings in any other manner it deems necessary or desirable. (Ord. 495 § 1, 2005)
17.60.040 Report of planning commission's findings.
Following the aforesaid hearings, the planning commission shall make a report of its findings and recommendations in the form of resolution and meeting minutes with respect to the proposed amendment. The commission shall file with the city council a copy of such of such report within 90 days after a recommendation is made by the commission. Such time limits may by extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the commission to report within 90 days without the aforesaid agreement shall be deemed to be a recommendation of approval of the proposed amendment by the planning commission. (Ord. 495 § 1, 2005)
17.60.050 Hearing – By city council.
Upon receipt of such report from the planning commission, or upon the expiration of such 90 days aforesaid, the city council shall set the matter for public hearing after notice thereof and of the proposed amendment, given as provided by law. After the conclusion of such hearing, the city council may adopt the amendment or any part thereof set forth in the petition in such form as the city council may deem to be advisable. (Ord. 495 § 1, 2005)
17.60.060 Decision of city council.
The decision of the city council shall be rendered within 60 days after the receipt of a report and recommendations from the planning commission or after the expiration of such 90 days as aforesaid. (Ord. 495 § 1, 2005)
17.60.070 Failure to provide notice.
The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the planning commission or city council. (Ord. 495 § 1, 2005)