Chapter 17.88 — AMENDMENTS

This title may be amended as other ordinances are adopted or amended whenever it is found that the public convenience, necessity and general welfare require such amendment to accomplish the purpose hereof, except that whenever any such amendment will change any zone boundary, change the zoning of any property, impose new regulations, or remove or modify any adopted regulations, the procedures of this chapter shall apply.

(Ord. 2007-05 § 3 (part))

An amendment may be initiated by one or more owners of property affected by the proposed amendment, or by action of the planning commission or the city council.

(Ord. 2007-05 § 3 (part))

The application of one or more property owners for the initiation of an amendment shall be filed in the office of the city clerk on a form provided, and shall be accompanied by a filing fee as established by resolution of the city council, and by plans and other information as may be required to describe fully the proposed amendment.

(Ord. 2007-05 § 3 (part))

A.

Upon receipt of such application, or notice of intent to the city council or planning commission, the city clerk shall set the matter for public hearing as directed by the planning director.

B.

The notice shall include the following:

The time, date and place of the hearing;

The type and magnitude of the changes proposed;

The place where copies of the proposed changes may be obtained;

A general description of the areas affected;

The right to appear and be heard.

C.

The notice of public hearing shall be given at least ten (10) calendar days prior to the hearing date as follows:

By publication at least once in a newspaper of general circulation, published and circulated in the city; and

By mail or delivery to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed zoning change.

D.

In the event the number of owners is greater than six hundred (600), alternative notice to that required by subsection (C)(2) above may be given at least ten (10) days prior to the hearing by either of the following procedures:

By placing a display advertisement of at least one-fourth page in the newspaper having the greatest circulation within the area affected by the proposed amendment, and in at least one additional newspaper having general circulation within such area, if such additional newspaper is available; or

By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

(Ord. 2007-05 § 3 (part))

Any such hearing may be continued from time to time. Within forty (40) days of the conclusion of the hearing, the planning commission shall submit to the city council a written report of recommendations and reasons therefor.

(Ord. 2007-05 § 3 (part))

Upon receipt of the planning commission recommendation, the city clerk shall set the matter for public hearing by the city council. Notice of the hearing shall be given, and the content of the notice shall be as provided in Section 17.88.040.

(Ord. 2007-05 § 3 (part))

The city council may approve, amend or deny the application after the public hearing. Except that the city council shall not make any change in the proposed amendment until the proposed change has been referred to the planning commission for a report and a copy of the report has been filed with the city council. The failure of the planning commission to report within thirty (30) days after the reference of such proposed change shall be deemed to be approval of the proposed change. The planning commission is not required to conduct another public hearing on the modified proposal.

(Ord. 2007-05 § 3 (part))

The hearing may be continued from time to time, except that the city council shall act on the matter within sixty (60) days of the original date of council hearing. Failure of the council to act within such period shall constitute disapproval of the proposal.

(Ord. 2007-05 § 3 (part))