The provisions of this title, including, but not limited to, the classification of property, shall be amended whenever the public interest and necessity so require.

(Ord. 177 § 2(part), 1966: prior code § 9354).

Amendments to this title may be initiated in any of the following ways:

A.

By motion of the city council; or

B.

By motion of the planning commission; or

C.

By the owner, or person in legal possession of any real property located within the city; or

D.

By any public agency having the power of eminent domain; or

E.

By council action taken pursuant to Section 65806 of the Government Code.

(Ord. 177 § 2(part), 1966: prior code § 9355).

A.

The director shall prepare a suitable application form, entitled "Request for Amendment to the Irwindale Zoning Code," and shall assist any applicant in preparing the request form.

B.

The director shall accept any such amendment for filing by the applicant only upon payment of a filing and processing fee established by resolution of the city council.

C.

Any applicant may, in writing, withdraw his request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Ord. 523 § 7, 1998; Ord. 192 § 1(part), 1967: Ord. 177 § 2(part), 1966: prior code § 9356).

A.

The commission shall conduct a public hearing on proposed amendments in the manner set forth in the Government Code of the state. In addition to the notice requirements contained in the Government Code, the notice requirements in Section 17.80.080 relating to variances and conditional use permits, shall be met, if the request for amendment relates to a specific property or properties.

B.

The applicant, where mailings are required, shall supply the director with a list of the names of the property owners who own property within five hundred feet of the external boundaries of the subject property.

(Ord. 177 § 2(part), 1966: prior code § 9357).

A.

After conducting a hearing on any proposed amendment, the commission shall take one of the following courses of action:

1.

Recommend to the city council that the requested amendment be granted in whole, or in part; or

2.

Deny the requested amendment.

B.

The commission's action shall be by resolution, which resolution shall contain the facts upon which the commission's determination was based. Where the planning commission denies such a request, the decision of the commission shall be final and conclusive in the absence of an appeal, as provided in Section 17.04.120. Where the commission recommends approval of such an amendment, the secretary of the commission shall forward to the city clerk the material required by Section 65800 et seq. of the Government Code.

(Ord. 177 § 2(part), 1966: prior code § 9358).

The decision of the commission, in the case of a denial of a proposed amendment, shall be final and conclusive in the absence of an appeal, provided as follows:

A.

Within twenty days after the adoption of its resolution, or upon the day following the next regularly scheduled meeting of the city council, whichever occurs first, the applicant, or any person appearing in opposition before the commission, who is aggrieved by the decision of the commission in such a case, may appeal the same to the city council by filing a written letter of appeal with the city clerk. The council, in the case of denial, by motion, may set such matter for a hearing de novo before it; in such case, the matter shall be, for all purposes, an appeal to the council.

B.

Upon the filing of such an appeal, the city clerk shall immediately advise the director thereof, who shall thereupon transmit to the city clerk the commission files in connection with said matter.

(Ord. 177 § 2(part), 1966: prior code § 9359).

In the case of an appeal from a decision of the commission, or upon receipt by the city clerk of a commission resolution making a recommendation in favor of a proposed amendment, the clerk shall give the same type of notice of hearing before the council as is required for hearings before the planning commission in such cases. If the decision of the council, after conducting a de novo hearing, is in any way contrary to the commission's recommendation or action, the matter shall be referred to the commission for a report before any final action is taken by the council. If the commission does not prepare and submit a report to the city council within forty days after the date of such referral by the city council, the commission shall be deemed to have approved the proposed action by the council.

(Ord. 177 § 2(part), 1966: prior code § 9360).