Chapter 18.112 AMENDMENTS

Chapter 18.112
AMENDMENTS

Sections:

18.112.010 Application.

18.112.020 Initiation procedure.

18.112.030 Public hearings.

18.112.040 Action by Planning Commission.

18.112.050 Action by City Council.

18.112.060 Notice of public hearing.

18.112.070 Changes in all other provisions.

18.112.010 Application.

Any district established by this title, or the boundaries thereof, may be changed, amended or altered, or any provision thereof may be changed, altered or amended; and any property within the city may be zoned, rezoned, reclassified or established whenever the public necessity or convenience of the general welfare require the same by following the procedure set forth in this chapter. (Zoning Ord. § 56-1).

18.112.020 Initiation procedure.

Any change in district boundaries of zoning or rezoning may be initiated by:

(a) The verified petition of one or more owners of the property affected by the proposed amendment, which petition shall be filed with the planning division and shall be accompanied by a fee as set by resolution of the City Council; or

(b) A resolution of intention of the City Council; or

18.112.030 Public hearings.

The Planning Commission shall hold a public hearing on any proposed amendment and shall give notice thereof as set forth in SCCC 18.112.060. (Zoning Ord. § 56-3).

18.112.040 Action by Planning Commission.

Following the aforesaid hearing, the Planning Commission shall make a report of its findings and recommendations to the City Council within thirty-five (35) days after the completion of said hearing. Failure of the Planning Commission to so report within said period shall deemed to be a recommendation of denial by the Planning Commission of the proposed amendment. (Zoning Ord. § 56-4).

18.112.050 Action by City Council.

Upon the filing of such report by the Planning Commission or upon the expiration of said thirty-five (35) days provided for in SCCC 18.112.040, the City Council shall, at its next regular meeting held at least three days thereafter, and at such times as said report may be continued to, publicly hear and consider said report and the proposed amendment. After the conclusion of said hearing the City Council may adopt the amendment or any part thereof as set forth in the original petition in such form as the City Council may deem advisable. The City Council may also refer or remand any such proposed amendment back to the Planning Commission for further consideration or recommendation whereupon said Planning Commission shall file its report or reconsideration or referral within thirty (30) days thereafter. The decision of the City Council shall be rendered within forty-five (45) days after the receipt of the final report or reconsideration or referral from the Planning Commission. The City Council may adopt any amendment by resolution. (Zoning Ord. § 56-5).

18.112.060 Notice of public hearing.

(a) Notice of any public hearing required under the terms of this title shall be given by posting a public notice in at least three conspicuous places within three hundred (300) feet of the affected property, not less than ten days prior to said hearing. Each such notice shall be headed by the word "Notice," in letters not less than one inch in height. In addition thereto, each notice shall contain the proposed establishment or change of district; or in the case of a use permit, variance or appeal, the use permit, variance or appeal applied for, a brief general description of the property involved, and the time and place at which the public hearing will be held. The Planning Commission shall cause notices to be posted for hearings to be held before it, by a person designated by it; and the City Clerk shall cause notices to be posted for hearings to be held before the City Council. The person posting said notices shall file a certificate of such posting together with a copy of said notice with the City Clerk.

(b) Any defect or error appearing in any such notice shall not divest the Planning Commission or City Council of jurisdiction nor invalidate any proceedings.

(c) In addition to the posting of notices required to be posted under the provisions of subsection (a) of this section, the Planning Commission, at least five days prior to the hearing to be held before it, shall cause to be mailed, postage prepaid, a notice of the time and place of such hearing to all persons whose names and addresses appear on the latest adopted tax roll of the County of Santa Clara, or as known to the City Clerk as owning property within a distance of not less than three hundred (300) feet from the exterior boundaries of the area actually occupied or to be occupied by the use which is the subject of the hearing. Unless the context of an applicable State law provides to the contrary, the failure to mail such notice to all of said persons shall not operate to divest the Planning Commission or the City Council of jurisdiction to conduct any hearing required to be held. The City Council hereby declares that the purpose of providing that said notice be mailed is to give said property owners within said three hundred (300) feet information as to any proposed change or modification of the use of said property, and the City Council hereby declares that jurisdiction to conduct said hearing shall be obtained upon the posting of notices required by this section. (Zoning Ord. § 56-6).

18.112.070 Changes in all other provisions.

Changes in all provisions of this title for which a procedure is not otherwise provided herein may be adopted as other ordinances of the City are adopted. (Zoning Ord. § 56-7).