CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE

ZONING

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Chapter 17.66

AMENDMENTS

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	17.66.010	Title may be amended.
	17.66.020	Initiation of amendment.
	17.66.030	Application for amendment.
	17.66.040	Commission to hold hearing on amendments.
	17.66.050	Time for hearing.
	17.66.060	Commission to announce findings.
	17.66.070	Notice of commission's decision when approving.
	17.66.080	Notice of decision of commission when denying the application.
	17.66.090	Commission action shall be final when denying application.
	17.66.100	Transmission of commission's record to city council.
	17.66.110	City council to hold public hearing on commission's recommendations on amendments and on appeals.
	17.66.120	City council to announce findings and decision.
	17.66.130	Decision of city council shall be final.
	17.66.140	Notice of decision of city council.

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17.66. 010 Title may be amended.

Boundaries of the zones established by this title, the classification of property uses therein or other provisions of this title may be amended whenever public necessity and convenience and general welfare require. (Prior code Appx. A, § 1500)

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17.66. 020 Initiation of amendment.

Amendments of this title may be initiated by:

A. The verified application of one or more owners of property proposed to be changed or reclassified;

B. Direction by the city council;

C. Direction by the planning commission. (Ord. 95-1123 § 1, 1995; prior code Appx. A, § 1501)

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17.66. 030 Application for amendment.

Whenever the owner of any land or building desires an amendment, supplement to or change of the regulations prescribed for his property, he shall file with the planning commission an application therefor, verified by him requesting such amendment. (Prior code Appx. A, § 1502)

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17.66. 040 Commission to hold hearing on amendments.

Upon filing of a verified application for an amendment, or direction by the planning commission or the city council, the planning commission shall hold one public hearing thereon, and notice of such hearing shall be given as provided in Chapter 17.68. (Ord. 95-1123 § 2, 1995; prior code Appx. A, § 1503)

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17.66. 050 Time for hearing.

The hearing for an amendment to the land-use plan established in this title shall be held not later than forty (40) days following the filing of an application for such amendment or direction by the planning commission or the city council. (Ord. 95-1123 § 3, 1995; prior code Appx. A, § 1504)

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17.66. 060

Commission to announce findings.

The planning commission shall announce its findings by formal resolution not more than forty (40) days following the hearing, and said resolution shall recite, among other things, the facts and reason which, in the opinion of the commission, make the approval or denial of the application for the amendment necessary to carry out the general purpose of this title, and shall recommend the adoption of the amendment by the city council or deny the application. (Prior code Appx. A, § 1505)

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17.66. 070 Notice of commission's decision when approving.

When the commission's action is to recommend the adoption of the amendment, the commission shall, within ten days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the city council a copy of the said resolution, together with the complete file in the case. (Prior code Appx. A, § 1506)

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17.66. 080 Notice of decision of commission when denying the application.

When the action of the commission is to deny an application, the commission shall, within ten days from the date of such action, notify the applicant by forwarding a copy of the resolution to the address shown upon the application. (Prior code Appx. A, § 1507)

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17.66. 090 Commission action shall be final when denying application.

The action of the planning commission in denying an application for amendment shall be final and conclusive unless, within ten days following the mailing of a notice of the action by the planning commission, an appeal in writing is filed with the city council by the applicant. (Prior code Appx. A, § 1508)

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17.66. 100 Transmission of commission's record to city council .

Upon receipt of a written appeal filed with the city council by the applicant, as provided in this chapter, the clerk of the city council shall advise the secretary of the planning commission who shall transmit to the clerk of the city council the planning commission's complete record of the case. (Prior code Appx. A, § 1509)

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17.66. 110 City council to hold public hearing on commission's recommendations on amendments and on appeals.

Within not to exceed forty (40) calendar days following receipt of the resolution from the planning commission recommendation the adoption of an amendment concerning matters listed in Section 17.68.050(C), or following filing of a written appeal from an order of the planning commission denying an application for an amendment, supplement or change of regulations prescribed for the property of an applicant, the city council shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. (Prior code Appx. A, § 1510)

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17.66. 120 City council to announce findings and decision.

City council shall announce its findings and decision within a reasonable time but not to exceed sixty (60) days following the close of the public hearing, unless good cause is shown for the extension of time and the applicant is notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the city council make approval or denial of the amendment necessary to carry out the general purpose of this title, and shall order that the amendment be granted, denied or modified subject to such conditions or limitations that it may impose. City council may incorporate by reference all or part of any findings of the commission, hearing officer or administrative officer without expressly setting forth in full the findings of the commission, hearing officer or administrative officer if the findings of the commission, hearing officer or administrative officer are in writing and on file with the city clerk and made a part of the permanent record of the city.

If the city council does not announce its findings and decision, notice shall be given by mail to the applicant of when the findings and decision will be made so that the applicant may be present at the meeting when the findings and decision are announced. (Prior code Appx. A, § 1511)

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17.66. 130 Decision of city council shall be final.

The action by the city council on such matters shall be by three affirmative votes of the council and shall be final and conclusive, except:

A. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the city council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

B. Upon the return of the matter to the city council, the city council may by three affirmative votes of the council approve, modify or disapprove the final recommendation of the planning commission on such matters. (Prior code Appx. A, § 1512)

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17.66. 140 Notice of decision of city council.

Not later than thirty (30) days following the final decision of the city council ordering an amendment to this title, or denying an application or recommendation for an amendment, notice of such action shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the planning commission's file of the case and said file returned to the planning commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters. (Prior code Appx. A, § 1513)

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