Division 5 — ZONING TEXT AMENDMENTS

The text of this article may be amended by changing the district regulations or any other provision of this article in accord with the procedure described in these sections.

The planning commission may initiate a zoning text amendment by motion and then hold a public hearing and make a recommendation as provided in this chapter. The city council may initiate such an amendment by motion and then submit the matter to the planning commission for a public hearing.

The planning commission shall hold at least one (1) public hearing on each proposal for a text amendment. The hearing shall be set and notice given as prescribed in section 9804 et seq.

The department of planning and community development shall review the proposal and prepare a report thereon which shall be submitted to the planning commission prior to the public hearing.

Within twenty-one (21) days following the closing of the public hearing, the planning commission shall determine whether the text amendment is consistent with the objectives of this article and the adopted general plan, and shall recommend that the proposal be adopted, adopted in modified form, or rejected.

The city council shall hold at least one (1) public hearing on the proposal within forty (40) days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in section 9804. Within twenty-one (21) days following the closing of the public hearing, the city council shall make its decision on the proposal. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any substantial modification of the proposed ordinance or amendment by the city council not considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed approval of the proposed modification.