Santa Ana Municipal Code § 27-15 Notice of public hearing

Proposed plan adoptions and amendments may be initiated by the director or by the planning commission upon their own initiative or upon instruction by the city council. A proposed amendment to the general plan may be initiated by any person who has a property interest in the real property which is the subject of the proposed amendment by completion of an application for such amendment on the form provided by the planning division for such purpose and by payment of such application fee as may be established by resolution of the city council. The director shall cause any duly initiated proposed plan adoption or amendment to be prepared in a form appropriate for submittal to the planning commission and shall notice a hearing by the planning commission on such proposed plan adoption or amendment in accordance with section 27-15. The director shall provide his or her recommendations to the planning commission concerning any proposed plan adoption or amendment.

(Ord. No. NS-2144, § 1, 9-16-91)

Prior to being submitted to the city council, each proposed plan adoption or amendment shall be submitted to the planning commission for its review and recommendation.

The planning commission may make such recommendations to the city council concerning the proposed plan as it deems appropriate. Before making any recommendation regarding a proposed plan adoption or amendment, the planning commission shall hold at least one (1) public hearing, noticed in accordance with section 27-15.

(Ord. No. NS-2144, § 1, 9-16-91)

(a) In any case where the planning commission has recommended approval of a proposed plan adoption or amendment or in any case where the proposed plan amendment was initiated by application of a private person, the director shall cause the proposed plan adoption or amendment to be prepared in the form of a draft resolution of the city council. If the substantive provisions of the proposed plan adoption or amendment are lengthy, they may be prepared in the form of a publication which is incorporated by reference into the draft resolution. Any such publication shall be forwarded to the clerk of the council and distributed to the members of the city council prior to the date of the city council hearing on the proposed plan adoption or amendment.

(b) In the case of any proposed plan amendment which was initiated by the director or by the planning commission, the proposed plan adoption or amendment transmitted to the city council shall be consistent with the recommendations of the planning commission. In the case of any proposed plan amendment which was initiated by application of a private person, the proposed plan adoption or amendment transmitted to the city council shall be consistent with the application of the private person, but the director shall set forth the recommendations of the planning commission in a report to the city council accompanying the proposed plan adoption or amendment.

(Ord. No. NS-2144, § 1, 9-16-91)

The approval of a plan adoption or amendment shall be by resolution of the city council. Before approving a plan adoption or amendment, the council shall hold at least one (1) public hearing, noticed in accordance with section 27-15. In approving a plan adoption or amendment, the city council may modify the proposed plan adoption or amendment, as the city council determines to be appropriate; provided, however, that any modifications which would cause the plan adoption or amendment to be outside the scope of the notice of the hearing provided for such plan adoption or amendment shall require a new hearing by the city council based on a revised notice prior to approval of the modified plan adoption or amendment. The city council may, in its discretion, refer any proposed plan adoption or amendment back to the planning commission for reconsideration.

Any publication containing a plan adoption or amendment which has been incorporated by reference into a resolution which has been adopted by the city council shall be certified as approved, with the resolution number and date of adoption, by the clerk of the council and maintained as a public record in the office of the clerk of the council.

(Ord. No. NS-2144, § 1, 9-16-91)

Notice of the time and place of a hearing by the planning commission or the city council on a proposed plan adoption or amendment shall be given by at least one (1) publication in a newspaper of general circulation in the city at least ten (10) calendar days prior to the date of the hearing. The director may provide such additional notice as the director may deem appropriate, and shall give such additional notice as the planning commission or the city council may direct, but the failure to provide additional notice in full accord with a direction of the planning commission or the city council shall not affect the validity of the proceedings taken by the planning commission and the city council on the subject plan adoption or amendment.

(Ord. No. NS-2144, § 1, 9-16-91)

As an alternative to adoption by resolution, a specific plan may be adopted by ordinance, in which case the draft resolution specified in section 27-13 shall be a draft ordinance.

(Ord. No. NS-2144, § 1, 9-16-91)