Chapter 16.88 — AMENDMENTS

Except as otherwise provided in this chapter, any amendment to this title shall be adopted as other ordinances are adopted.

Any amendment to this title which changes any property from one district to another district or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as follows:

• (1) The filing with the city planning commission of a resolution of intention of the City Council;

• (2) Passage of a resolution of intention by the planning commission; or

• (3) Filing with the planning commission of a petition of one or more record owners of property, which is the subject of the proposed amendment, or their authorized agents. A petition for amendment shall be on a form designated by the planning commission and shall be accompanied by a fee, as set by the City Council.

• (Prior code § 30.801)

Upon receipt of a petition or resolution of intention of amendment the planning commission secretary shall set a date for a public hearing thereon, but not later than sixty days after the receipt of such petition or resolution.

If the proposed amendment consists of a change in the boundaries of any district, the planning commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Section 16.84.020. If the proposed amendment is of a matter of general or city-wide scope, notice thereof shall be given as provided in Section 16.84.030. (Prior code § 30.802)

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendations with respect to the proposed amendment. The commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the commission, and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the City Council within ninety days after the first notice of hearing thereon; provided however, that such time may be extended with the consent of the City Council or the petitioner for such amendment. In the event the planning commission fails to report to the City Council within the aforesaid ninety days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. The recommendations of the planning commission on proposed amendments shall be adopted by a majority vote of the voting members of the planning commission. (Prior code § 30.803)

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City of Menlo Park, CA § 16.88.040

MENLO PARK CODE

§ 16.88.050

Upon receipt of the recommendation of the planning commission or expiration of the aforesaid ninety days or agreed upon extended period, the City Council shall hold a public hearing thereon, giving notice thereof as provided in Chapter 16.84; provided, however, that if the matter under consideration is an amendment that would change property from one district to another, and the planning commission has recommended against the adoption of such amendment, the City Council shall not be required to take further action unless the planning commission action is appealed. After the conclusion of such hearing, the City Council may, within one year, adopt by ordinance the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable. (Prior code § 30.804)

In the case of an application for amendment which has been denied, no application which is substantially the same shall be considered for a period of one year from the date of denial. (Prior code § 30.805)

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City of Menlo Park, CA