Chapter 17.136 — AMENDMENTS

Subject to the approval of the city council, the districts 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 rezoned, reclassified, or established whenever the public convenience, necessity, or general welfare require the same by following the procedure set forth in this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any such change, amendment, alteration, rezoning, or establishment (singly or collectively referred to herein as an "amendment") may be initiated by verified petition of one (1) or more owners of the property affected by the proposed amendment, which petition shall be filed and accompanied by a fee set by the city council, or by action of the planning commission or the city council.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The planning commission shall hold a public hearing on any proposed amendment and shall give notice of the time and place of the hearings, as set forth in Section 17.140.010 (Notice required). Any such hearing may be continued from time to time.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Following the aforesaid hearing, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall submit to the city council by filing with the city clerk an attested copy of such report within sixty (60) days after the completion of said hearing. Failure of the planning commission to report within said period shall be deemed to be denial by the planning commission of the proposed amendment.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.136.050 - Action by city council.

Upon filing of such report by the planning commission or the expiration of the aforementioned sixty (60) days, and after notice has been given as provided in Section 17.140.010 (Notice required), the city council shall at a regular or special meeting or meetings publicly hear and consider the matter. Any such hearing may be continued from time to time. Within sixty (60) days after the conclusion of the hearing, the city council may amend, alter, adopt, or reject the amendment. The city council may also refer the matter back to staff or the planning commission to obtain information. The planning commission is not required to conduct another public hearing on the modified proposal.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.140 - HEARINGS AND APPEALS

Sections:

17.140.010 - Notice required.

A.

Notice of any public hearing required under the terms of this title shall be given at least ten (10) days prior to the first hearing by at least one (1) publication in a newspaper of general circulation within the city and by the U.S. Mail, postage prepaid, to all persons whose name and address appear on the latest adopted tax roll as owning property within a distance of not less than three hundred (300) feet from the exterior boundaries of the real property subject to the hearing. If there is no newspaper of general circulation, in lieu of publication, the public hearing notice shall be posted in three (3) public places in the city in accordance with Government Code Section 65090.

B.

Any defect or error appearing in such notice shall not divest the planning commission or city council of jurisdiction nor invalidate any proceedings.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

All interpretations and decisions of the city staff authorized by this title are subject to appeal. Appeals of any administrative interpretation or decision shall be made by filing a written appeal with the city clerk. Such appeal shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city. The planning commission shall hear and decide on the appeal within forty-five (45) days of filing the appeal and shall make findings supporting their decision on the matter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

17.140.030 - Appeals of planning commission action.

A.

In case the applicant or others affected are not satisfied with the action of the planning commission, they may within ten (10) calendar days after rendition of the commission's decision appeal in writing to the city council. All such appeals shall be filed with the city clerk and shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city.

B.

The city council will conduct the appeal as a de novo hearing and shall render its decision within forty-five (45) days after the conclusion of said hearing. The city council may reverse, set aside, affirm, amend, or modify the action of the planning commission, provided that the actions of the council are consistent with the general plan and are in compliance with city code. The council may also refer said matter back to the planning commission or staff for additional consideration or to obtain additional information.

C.

The decision of the city council shall be final on all matters.

D.

No building permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal no such permit shall be granted until the matter has been finally approved by the city council. Building permits issued pursuant to this chapter shall conform to the terms and conditions of the conditional use permit granted.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Chapter 17.144 - ENFORCEMENT AND PENALTIES

Sections:

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, structures, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict therewith shall be null and void. It shall be the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, maintenance, moving, conversion, alteration, or addition to any building or structure. Any city official may refer any request for interpretation of this title to the planning commission.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title, is guilty of an infraction or misdemeanor, as determined by the code enforcement officer, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding six (6) months, or by both such

fine and imprisonment. Such person, firm or corporation, shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm, or corporation, and shall be punishable as provided in this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of lands, buildings, or premises established or conducted thereon, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance; and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or land contrary to the provision of this title.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 575, § I(Exh. A), 6-29-2023)