CHAPTER 12.44
AMENDMENTS
SECTION:
12.44.020 Initiation; Filing Fee
12.44.030 Planning Commission Hearing
12.44.040 Report Of Commission Findings
12.44.050 City Council Hearing
12.44.060 Failure To Provide Notice
12.44.070 Decision Of City Council
12.44.010 STATUTORY AUTHORITY:
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 therefore imposed, as set forth in California Government Code section 65850, must be adopted in accordance with the procedure set forth in California 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. 2000-03, 8-7-2000)
12.44.020 INITIATION; FILING FEE:
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 in the "cost for service fee schedule". 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. 2000-03, 8-7-2000)
12.44.030 PLANNING COMMISSION HEARING:
For proposed amendments requiring special hearing procedures pursuant to California 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 section 12.44.020 of this chapter, 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 California 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. 2000-03, 8-7-2000)
12.44.040 REPORT OF COMMISSION 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 and shall file with the city council a copy of such report within ninety (90) days after the notice of the first of the hearings; provided, that such time limits may by extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission so to report within ninety (90) days without the aforesaid agreement, shall be deemed to be approval of the proposed amendment by the planning commission. (Ord. 2000-03, 8-7-2000)
12.44.050 CITY COUNCIL HEARING:
Upon receipt of such report from the planning commission, or upon the expiration of such ninety (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. 2000-03, 8-7-2000)
12.44.060 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. 2000-03, 8-7-2000)
12.44.070 DECISION OF CITY COUNCIL:
The decision of the city council shall be rendered within sixty (60) days after the receipt of a report and recommendations from the planning commission or after the expiration of such ninety (90) days as aforesaid. (Ord. 2000-03, 8-7-2000)