Whenever the owner of property is desirous of, or whenever it is deemed essential, or public necessity, convenience and general welfare require a change or modification of the boundaries of any zone classification as established in Chapters
18.10 through
18.38 of this title, and/or set forth on the Official Zone Map, such change or modification shall only be in the form of an amendment by ordinance to this title, and the Official Zone Map, as provided in this article.
(Prior code § 9214.04)
Authorization and criteria for qualification for zone reclassification
shall be as follows:
A. Authorization. Pursuant to the provisions of Articles 1 and 2, Chapter 4, Division 1, Title 7 of the
Government Code of the state, the city council shall have and be vested with the power and authority, subject to the provisions of this article, to change or modify the boundaries of any zone classification by amending the provisions of the zoning code and the Official Zone Map, as provided for in Chapter
18.66 of this title.
B. Criteria
for Qualification. Prior to the adoption of any ordinance changing
or modifying any zone classification, it shall first be found and
determined that a zone reclassification is fully consistent with the
provisions of the general plan. In the event a proposed zone reclassification
is inconsistent with the provisions of the general plan, no ordinance
shall be adopted enacting such zone reclassification unless and/or
until the zone reclassification proposal has been modified so that
it is consistent with the general plan, or the general plan has been
amended so that the proposed zone reclassification is consistent therewith.
In the event the zoning reclassification is not modified nor the general
plan amended to provide consistency with one another, no zone reclassification
shall take place.
(Prior code § 9214.04(A))
The community and economic development director, prior to accepting
an application for or the initiation of a zone reclassification, shall
determine whether or not a statement of environmental impact is to
be required pursuant to the rules, guidelines or regulations duly
adopted by the city council which are currently in effect and as may
hereafter be amended.
(Prior code § 9214.04(B); Ord. 1116 § 14, 2018)
Zone reclassifications may be initiated by the city council,
planning commission, the community and economic development director,
or by any property owner upon filing a verified application. Any zone
reclassification initiated by the city council, planning commission,
or community and economic development director shall not be subject
to an application and related fees, but shall be subject to all other
requirements as hereinafter provided.
(Prior code § 9214.04(C); Ord. 1116 § 15, 2018)
Any owner of property may file with the community and economic
development director an application for zone reclassification, verified
by such owner on forms prescribed by the community and economic development
director, accompanied by an application filing fee in an amount established
by a resolution of the city council. The application shall set forth
and include any information as the community and economic development
director may require.
(Prior code § 9214.04(D); Ord. 765 § 66, 1989; Ord. 1116 § 16, 2018)
Upon the filing of a verified application, or upon the initiation
by the city council, planning commission, or the community and economic
development director, the application or initiation shall be transmitted
to the planning commission and the planning commission shall hold
a public hearing on such application or initiation.
(Prior code § 9214.04(E); Ord. 1116 § 17, 2018)
The planning commission, upon receipt of an application or initiation, shall commence to hold a public hearing thereon conducted in the manner set out in Sections
18.62.230 through
18.62.250.
(Prior code § 9214.04(F))
A. Notice.
Notice of time, date, and place of the public hearing shall be given
in the following manner:
1. By
at least one publication in a newspaper of general circulation within
the city in an edition published therefor not less than ten days prior
to the date set for the public hearing; and
2. By
the mailing of such notice of public hearing not less than ten days
prior to the date set for such hearing to the owner, applicant, lessee
and/or other persons having a vested interest therein, and to all
owners of property within a radius of three hundred feet measured
from the external boundaries of the property described in said notice
of which such owners of property appear on copies of the equalized
assessment roll of the Los Angeles County on file in the office of
the county assessor. Any error in the copy of the assessment roll
shall not invalidate any act of the planning commission or city council,
as the case may be.
B. Form,
Wording and Contents of Notice. The form, wording and content of notices
for public hearings shall consist of the words "NOTICE OF PROPOSED
ZONE RECLASSIFICATION," and shall set forth the day of the week, date,
place or exact location, time, file number or other identification,
name of the applicant or initiator, description of the matter under
consideration, exact legal description of the property, and the address
or general location thereof, relative to the public hearing or hearings
to be held on the matter. Such notices shall appear in a format acceptable
to the city planner.
C. Investigations.
The planning commission shall cause to be made by its own members
and the director of building and planning, such investigations of
facts bearing upon the proposed zone reclassification that will assure
appropriate disposition thereof consistent with the goals, provisions,
objectives, spirit and integrity of the zoning code and general plan.
The director of building and planning shall prepare and transmit a
written report, based upon an examination and review of the proposal
and other written investigations, to the planning commission, and
to the applicant or owner in the case of an application, not less
than five days prior to the date set for public hearing.
D. Findings
by Planning Commission. The planning commission, upon hearing all
testimony, upon examination and review of the investigations and report
of the director of building and planning and application, as the case
may be, upon ascertaining all other pertinent facts relative thereto,
and upon conclusion of the public hearing, shall make such determinations
and findings of fact as deemed necessary in the best interests of
all parties concerned and which bear on the disposition of the proposed
zone reclassification.
E. Announcement
of Planning Commission Findings and Decisions. The planning commission
shall announce its findings and decisions by formal written resolution
within forty days after conclusion of the public hearing. The resolution
shall recite and set forth, among other matters, the findings of fact,
reasons and determinations which, in the opinion of the planning commission,
make approval, conditional approval or denial of the proposed zone
reclassification considered necessary to carry out the general purpose
and provisions of the zoning code and general plan, and shall recommend
the approval, conditional approval, or denial of same. The planning
commission, not more than ten days after concluding its action, shall
transmit a copy of the resolution to the city council and applicant,
as the case may be.
F. Council Hearing on Planning Commission Resolution. The city council, upon receipt of the resolution from the planning commission, shall commence to hold a public hearing thereon, conducted in the same manner as required for the planning commission and as hereinabove set forth in Sections
18.62.220 through
18.62.250.
G. Reference
to Planning Commission of Adverse Decision by City Council. During
its course of deliberations on the resolution, the city council may
approve, modify or disapprove the recommendations of the planning
commission, provided that for any modification not previously considered
by the planning commission during its hearings, the city council shall,
prior to rendering any final action thereon, refer its findings and
determinations to the planning commission requesting further review,
examination, reconsideration, and report by the planning commission
on the matter. Should the planning commission fail to file its report
with the city council within forty days after reference thereto, it
shall be deemed that the planning commission has approved said reference
and the city council shall render appropriate action thereafter.
H. Announcement
of Findings, Notice, Finality and Decisions of the City Council. The
city council shall announce its findings and decisions by formal written
resolution within forty days after conclusion of its public hearing,
or after receipt of a planning commission report on the matter of
referral thereto. The resolution shall recite and set forth, among
other matters, findings of fact, reasons and determinations which,
in the opinion of the city council, may make approval, conditional
approval or denial of the proposed zone reclassification considered
necessary to carry out the general purpose and provisions of the zoning
code and general plan, and shall approve, conditionally approve, or
deny same. The city council, not more than ten days after concluding
its action, shall transmit a copy of the resolution to the planning
commission and applicant, as the case may be, and the actions and
decisions of the city council shall be final and conclusive.
(Prior code § 9214.04(F)(1)—(9); Ord. 765 §§ 67, 68, 1989; Ord. 1116 § 18, 2018)
Whenever the city council adopts a resolution approving a zone
reclassification, it shall commence to adopt an ordinance enacting
such reclassification. In the event the resolution conditionally approves
the reclassification, final reading and adoption of the ordinance
shall be withheld until the conditions of approval as set forth in
the resolution have been complied with, and failure to comply with
such conditions within six months after the first reading of the enacting
ordinance shall automatically terminate the zone reclassification
proceedings. In any event, no zone reclassification shall become effective
until thirty days after final reading and adoption of the enacting
ordinance.
(Prior code § 9214.04(F)(10))
Upon the adoption of any ordinance enacting a zone reclassification, such ordinance shall include and set forth provisions for amending the zoning code and Official Zone Map, and appropriate notations of such adoption shall be made in the various volumes of the zoning code pursuant to the provisions of Chapter
18.66 of this title.
(Prior code § 9214.04(F)(11))