§ 9172.11. Legislative - Text Change.

Any ordinance or amendment to change or amend the provisions of this Chapter, except a change in the Zoning Map, shall be adopted in accordance with the following procedures: (California Government Code Sections 65850 through 65863.5 .)

• A. Initiation. Consideration shall be initiated by order of either the Council or Commission, or upon the written request of any person.

• B. Time Limit for Hearing. When the Council has requested the Commission to study and report upon an amendment to this Chapter and the Commission fails to act upon such request within a reasonable time, the Council may, by written notice, require the Commission to render its report within forty (40) days. Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by subsection C of this Section. Failure to so report to the Council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment. (California Government Code Section 65853 .)

When consideration has been initiated by the written request of any person, the matter shall be considered at a Commission hearing held within thirteen (13) months from the receipt of the request. A separate hearing or determination shall not be required for each individual request.

• C. Commission Hearing and Notice. The Commission shall hold a public hearing on any such ordinance or amendment, giving notice by posting, and, in addition, giving notice to any person who has filed a written request therefor, all as provided in CMC § 9173.22 , and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council. (California Government Code Section 65854 .)

• D. Findings, Recommendation and Transmittal to Council. After the public hearing, the Commission shall, by resolution, render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation, shall specify the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the Council. (California Government Code Section 65855 .)

• E. Council Hearing and Notice. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing. Notice of the time and place of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection C of this Section and in CMC § 9173.22 . (California Government Code Section 65856 .)

. Council Hearing and Notice. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing. Notice of the time and place of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection C of this Section and in CMC § 9173.22 . (California Government Code Section 65856 .)

• F. Council Action. After the public hearing, the Council may approve, modify or disapprove the recommendation of the Commission; provided, that any modification of the proposed ordinance or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification. (California Government Code Section 65857 .)