City of Buena Park, CA Legislative Procedures

§ 19.124.010 Text Change.

Any ordinance or amendment to change or amend the provisions of this Title, except a change in the Zoning Map, shall be considered in accordance with the procedure set forth in this section.

Initiation. A text change may be initiated only by order of the City Council, Planning Commission ,or Director of Development Services.

Commission Hearing. On a proposed text change, at least one public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by newspaper publication as provided in subsection C of Section 19.112.020. (See California Government Code Section 65854.)

Commission Recommendation. The Planning Commission shall make written findings and recommendations to the City Council on each proposed text change. Such report shall include:

Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855.)

Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6.)

Council Hearing.

The City Council shall hold at least one public hearing on the recommendation of the Planning Commission concerning a proposed text change. Notice of such hearing shall be given by newspaper publication as provided in subsection C of Section 19.112.020. (See California Government Code Section 65856.)

If the City Council proposes any modification from the Planning Commission recommendation which was not previously considered by the Commission, the proposal shall be referred back to the Commission for report and recommendation, but further Commission hearing is not required. (See California Government Code Section 65857.)

Council Action. Action to adopt a text change shall be by ordinance. When an ordinance for a text change has been considered by the City Council but not adopted within one year of introduction, the proceedings shall be considered null and void. New proceedings must be initiated in order to consider the matter further.

(Ord. 1233 § 3,1989)

§ 19.124.020 Interim Ordinances.

Without following the procedures otherwise required in order to amend this Title, including the Zoning Map, the City Council, to protect the public safety, health ,and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the Council, Planning Commission, or Director is considering or studying or intends to study within a reasonable time, as provided by state law. (See California Government Code Section 65858.)

§ 19.124.030 Zone Change.

Any ordinance which changes any property from one zone designation to another shall be considered in accordance with the procedure set forth in this section.

Initiation. A zone change may be initiated by order of the City Council or the Planning Commission, or by application of the owner(s) of affected property or an agent of the owner(s) authorized in writing.

Commission Hearing. On a proposed zone change, at least one public hearing shall be held by the Planning Commission. Notice of such hearing shall be given by notice to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code Section 65854.)

Commission Recommendation. The Planning Commission shall make written findings and recommendations to the City Council on each proposed zone change. Such report shall include:

Explanation of the relationship to the General Plan and any applicable Specific Plans (see California Government (Code Section 65855);

Further Action or Appeal.

If the Planning Commission recommends against a proposed zone change, no further action by the City Council is required unless an appeal is filed. (See California Government Code Section 65856.)

If the Planning Commission recommends approval of a zone change, the City Council shall take action on such recommendation.

Council Hearing.

If the City Council considers a proposed zone change, at least one hearing shall be held. Notice of such hearing shall be given by notice to property owners within three hundred feet as provided in subsection E of Section 19.112.020. (See California Government Code 65856.)

If the City Council proposes any modification from the Commission's recommendation which was not previously considered by the Commission, the proposal shall be referred back to the Commission for report and recommendation, but further Commission hearing is not required. (See California Government Code Section 65857.)

Council Action. Action to adopt a zone change shall be by ordinance. When an ordinance for a zone change has been considered by the Council but not adopted within one year of introduction, the proceedings are considered null and void. New proceedings must be initiated in order to consider the matter further.

§ 19.124.040 Pre-zoning.

The City may pre-zone areas outside the City for the purpose of determining the zoning that will apply to such property in the event of annexation to the City. The method of accomplishing such pre-zoning is as provided in Section 19.124.030, with notice of public hearings as provided in subsection C of Section 19.112.020. Such zoning shall become effective at the same time that annexation becomes effective. (See California Government Code Section 65859.)

§ 19.124.050 Adoption or Amendment of Supplementary Standards.

When the provisions of this Title allow or require the use of standards to supplement the provisions contained in this Title, such standards shall be considered in accordance with the procedure set forth in this section.

Initiation. Preparation or amendment of supplementary zoning standards may be initiated by order of the City Council or the Planning Commission, or by the Director.

Preparation. The Director is responsible for preparing proposed standards for consideration.

Commission Hearing. A public hearing on proposed standards shall be noticed and held by the Planning Commission in the same manner as provided for a text change under subsection C of Section 19.124.010.

Commission Recommendation. After public hearing, the Planning Commission shall make its written report and recommendation to the City Council in the same manner as provided for a text change under subsection D of Section 19.124.010.

Council Hearing. Upon receipt of the recommendation of the Planning Commission, a public hearing shall be noticed and held by the City Council in the same manner as provided for a text change under subsection E of Section 19.124.010.

Council Action. After public hearing, the City Council shall, by resolution, adopt, modify and adopt, or disapprove the standards recommended by the Planning Commission, or refer the matter to the Commission for further study.