Chapter 17.28
CLASS VII APPLICATIONS—LEGISLATIVE
Sections:
17.28.030 Review Authority and Related Procedures.
17.28.040 Application Filing, Fees, and Project Review.
17.28.050 Project Notice and Required Actions.
17.28.070 Findings and Decision Procedures.
17.28.080 Post-Decision Procedures.
17.28.100 Development Agreements.
17.28.110 Specific and Corridor Plans.
17.28.120 Zone Changes and Amendments.
17.28.010 Purpose.
The Class VII application is a discretionary process for reviewing uses that are legislative and require Council approval. Class VII applications require public notification and public hearings before both the Commission and the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.020 Applicability.
A Class VII application is required to authorize legislative actions. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.030 Review Authority and Related Procedures.
A. General Requirements. Class VII applications shall be approved, conditionally approved, or denied by the review authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VII review established in this code.
B. Assignment. The Director shall assign a Class VII application to the Commission for a public hearing and recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.040 Application Filing, Fees, and Project Review.
Applications for a Class VII request shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.050 Project Notice and Required Actions.
The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class VII application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.060 Public Hearing.
The Department shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.070 Findings and Decision Procedures.
Class VII application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decision). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.080 Post-Decision Procedures.
Class VII application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.28.100 Development Agreements.
Subsections:
A. Purpose and Interpreting Provisions.
B. Application Filing, Fees, and Project Review.
C. Content of Development Agreement.
D. Commission and Council Actions.
E. Findings.
F. Execution and Recordation.
G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations.
H. Enforcement.
I. Amendment and Cancellation of Development Agreements.
J. Periodic Review.
K. Violation of Agreement—Commission Review.
L. Violation of Agreement—Council Review.
A. Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements, implementing, amending, and enforcing development agreements.
1. Intent of Agreement.
a. A development agreement is a contract between the City and an applicant for a development project, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division 1 (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved project may proceed, subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after project approval as included within this section. In return, the City would be provided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions of approval that would otherwise apply.
b. A development agreement may also be utilized to establish procedures for the discretionary consideration of the removal and relocation of pre-existing, legally established billboards to new and different locations, and the substitution of billboards meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city in accordance with the State policy set forth in and local discretion authorized by Business and Professions Code Section 5412.
2. Interpreting Provisions.
a. In interpreting the provisions of any development agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section, and Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code, and the agreement itself.
b. Should any apparent discrepancies between the meanings of these documents arise, reference shall be made to the following documents, and in the following order:
i. The plain terms of the development agreement itself;
ii. The provisions of this section; and
iii. The provisions of Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code.
B. Application Filing, Fees, and Project Review. Applications for a development agreement shall be in compliance with this chapter.
C. Content of Development Agreement.
1. Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including:
a. The duration of the agreement, including a specified termination date;
b. The uses to be permitted on the property;
c. The density or intensity of use permitted;
d. The minimum and/or maximum height, size and location of buildings and/or structures permitted;
e. The reservation or dedication of land for public purposes to be accomplished, if any; and
f. The time schedule established for periodic review as required by subsection (J) of this section (Periodic Review).
Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development.
2. Permissive Contents. A development agreement may contain the applicable provisions in compliance with State Government Code, including:
a. The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;
b. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood-control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;
c. The prohibition of one (1) or more uses normally listed as a use subject to application in the underlying zone where placed;
d. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur;
e. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to, guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement;
f. The requirements of specified design criteria for the exteriors of buildings and other structures, including, but limited to, the permitted uses of the property, the density and/or intensity of the use, the maximum height and size of proposed structures, signs, any land dedications, and reservations;
g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress;
h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and
i. The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property.
D. Commission and Council Actions.
1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.
2. Commission Recommendation. A recommendation by the Commission relative to a development agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).
3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
4. Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
E. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:
1. The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations;
2. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit;
3. Any development agreement that contains a subdivision shall comply with the provisions of Government Code Section 66473.7;
4. The following additional findings are required for a development agreement for the reduction and relocation of billboards:
a. The relocated signage complies with the applicable requirements of this section, Section 17.38.005 (BR—Billboard Relocation Overlay Zone), and Section 17.51.080 (Sign Regulations (Private Property));
b. The agreement results in:
i. A net reduction in the total number of legally established billboards in the City and for any agreements originally approved after June 1, 2014 (and excluding any agreement originally approved prior to such date including any amendments to such agreement), at a ratio of at least twenty-four (24) to one (1); and
ii. A net reduction in the total square footage of sign area of legally established billboards in the City.
F. Execution and Recordation.
1. Adopted by Ordinance.
a. Approval by the Council of a development agreement shall be by ordinance.
b. The ordinance shall not be adopted and the Mayor or Mayor’s designee shall not execute a development agreement until it has been executed by the applicant.
c. If the applicant has not executed the agreement, or the agreement as modified by the Council, and returned the executed agreement to the City Clerk within thirty (30) days following Council approval, the approval shall be deemed withdrawn, and the Mayor or designee shall not execute the agreement. The thirty (30) day time period may be extended upon approval of the Council.
2. Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after, the date upon which the ordinance approving the agreement becomes effective.
3. Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than ten (10) days after it is executed in compliance with Section 65868.5 of the State Government Code.
4. Development agreements approved by the Council shall be on file with the City Clerk.
G. Subsequently Enacted City Special District, County, State, and Federal Laws or Regulations. In the event that special district, County, State, or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one (1) or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance.
H. Enforcement.
1. Responsibility for Enforcement. Unless and until amended or canceled in whole or in part in compliance with subsection (I) of this section (Amendment and Cancellation of Development Agreements), a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in subsection (G) of this section (Subsequently Enacted Special District, County, State and Federal Laws or Regulations).
2. Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement.
I. Amendment and Cancellation of Development Agreements.
1. Proposed Amendment or Cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest.
2. Initiation of Amendment or Cancellation. Either party to the agreement may propose and initiate an amendment to or cancellation of a development agreement.
3. Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code.
4. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least thirty (30) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures).
J. Periodic Review.
1. Basic Requirements for Periodic Review. Every development agreement entered into by the Council shall provide for periodic review of the applicant’s compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than twelve (12) months. Notwithstanding the foregoing, development agreements for billboard reduction and relocation shall be periodically reviewed in accordance with the process specified in Section 17.26.100(F)(4).
2. Procedure for Periodic Review.
a. Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement:
i. The Director shall determine on the basis of substantial evidence that the applicant or the successor(s)-in-interest has or has not complied with the agreement;
ii. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant by the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement;
iii. It is the duty of the applicant or the successor(s)-in-interest to provide evidence of good-faith compliance with the agreement to the Director’s satisfaction at the time of the review;
iv. Refusal by the applicant or the successor(s)-in-interest to provide the required information shall be deemed prima facie evidence of violation of the development agreement;
v. If, at the end of the time period established by the Director, the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement;
vi. Where the Director notifies the Commission that the Director’s findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant’s reported failure to comply and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as provided in this section for initiation and consideration of a development agreement; and
vii. If, as a result of the hearing, the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate.
b. Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions:
i. Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement;
ii. Refer the matter back to the Commission for further proceedings with or without instructions; or
iii. Schedule the matter for public hearing before the Council where termination or modification of an agreement is recommended. Procedures for conduct of the public hearing shall be the same as provided in this section for initiation and consideration of a development agreement.
K. Violation of Agreement—Commission Review.
1. Where the Director notifies the Commission that the Director’s findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant’s reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement.
2. If, as a result of such hearing, the Commission finds that the applicant or the successor-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending such action as it deems appropriate.
L. Violation of Agreement—Council Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions:
1. Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or
2. Refer the matter back to the Commission for further proceedings with or without instructions; or
3. Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type II Public Noticing (Public Hearing). (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 14-1 § 5 (Exh. A), 3/25/14)
17.28.110 Specific and Corridor Plans.
Subsections:
A. Purpose.
B. Application Filing, Fees, and Project Review.
C. Contents.
D. Additional Contents for a Specific Plan.
E. Project Notice and Required Actions.
F. Commission and Council Actions.
G. Findings.
H. Adoption and Amendments.
I. Administration.
J. List of Specific Plans.
K. List of Corridor Plans.
A. Purpose. This section establishes procedures for consideration of specific and corridor plans as authorized by the State Government Code. The specific plan and corridor plan are intended to achieve the following purposes:
1. To promote and protect the public health, safety and welfare;
2. To implement the objectives and policies of the General Plan;
3. To safeguard and enhance environmental amenities, such as oak trees and ridgelines, and enhance the quality of development;
4. To attain the physical, social, and economic advantage resulting from comprehensive and orderly planned use of land resources;
5. To lessen congestion and assure convenience of access: to secure safety from fire, flood and other dangers; to provide for adequate light, air, sunlight and open space; to promote and encourage conservation of scarce resources; to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services;
6. To facilitate development within the City in accordance with the General Plan by permitting greater flexibility and, consequently, more creative and imaginative designs for large-scale development projects than generally are possible under conventional zoning regulations;
7. To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban and public amenities and preservation of natural and scenic qualities of open space;
8. In the case of a specific plan, to provide a process for initiation, review and regulation of large-scale comprehensively planned communities that afford the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities; and
9. In the case of a corridor plan, to continue implementing policies and goals set forth in the General Plan relating to preservation of community characteristics and community vitality and appropriate urban form principles emphasizing pedestrian orientation, integration of land uses, treatment of streetscapes as community living space, and environmentally sensitive building design and operation.
B. Application Filing, Fees, and Project Review. Applications for a specific or corridor plan shall be in compliance with this chapter.
C. Contents. The specific or corridor plan shall include the text and a diagram or diagrams, which specify the following in detail and include:
1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan;
2. The plan shall include a statement of the relationship between the plan and the General Plan; and
3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.
D. Additional Contents for a Specific Plan. In addition to the above, the following contents shall be included as part of a specific plan application:
1. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the project; and
2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
E. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
F. Commission and Council Actions.
1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.
2. Commission Recommendation. A recommendation by the Commission relative to a specific or corridor plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).
3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
4. Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a specific or corridor plan, provided any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
G. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision).
H. Adoption and Amendments.
1. Adoption. Specific and corridor plans, including any associated regulations, conditions, programs, and proposed legislation shall be adopted by ordinance according to the procedures established in Article 8, Chapter 3, in Division 1, Title 7 (Planning and Land Use) and other applicable provisions of the State Government Code.
2. Amendments. Any amendments to such specific or corridor plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below.
a. A specific or corridor plan may be amended in the same manner as provided for adoption of a specific or corridor plan by this section.
b. An amendment to a specific or corridor plan may be initiated by the Director, Commission, or Council. An amendment may also be initiated by the applicant for the specific or corridor plan or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the specific plan.
I. Administration.
1. Administration. Specific and corridor plans and their associated regulations shall be administered in accordance with the State Government Code. Such plans and regulations may reference existing provisions and procedures of this code or they may develop different administrative procedures to use in the implementation of the plan.
2. Specific and Corridor Plan Supersedes. Except as otherwise expressly provided in a plan, property may be used for any purpose and subject to all of the standards and requirements of the code. Where the regulations of a specific plan or corridor plan differ from the provisions of the code, such regulations shall supersede the provisions of the underlying zone as specified in the specific or corridor plan.
3. Operation and Enforcement of Development Codes. All uses and all development carried out, or proposed to be carried out, within the boundaries of an area for which a specific plan or corridor plan has been adopted must comply with the requirements, standards, regulations, and all other provisions set forth in that specific plan or corridor plan in addition to all other provisions of law. Any failure to comply with a requirement, standard, regulation, or any other provision set forth in an adopted specific plan or corridor plan shall constitute a violation of the code. All such violations shall be subject to the enforcement provisions of the Municipal Code.
J. List of Specific Plans. The following specific plans are added by reference, together with all maps and provisions pertaining thereto:
|
Specific Plan Number |
Specific Plan Name |
Ordinance of Adoption |
Date of Adoption |
|---|---|---|---|
|
1 |
North Valencia |
97-020 |
11/04/1997 |
|
2 |
North Valencia II |
00-001 |
1/11/2000 |
|
3 |
Downtown Newhall |
05-018 |
11/22/2005 |
|
4 |
Porta Bella |
95-006 |
10/12/1995 |
|
5* |
Canyon Park |
86-022 |
12/23/1986 |
|
6 |
Vista Canyon |
11-010 |
5/10/2011 |
|
7 |
MetroWalk |
21-4 |
4/13/2021 |
* Approved by Los Angeles County and annexed into the City on 9/11/12.
K. List of Corridor Plans. The following corridor plans are added by reference, together with all maps and provisions pertaining thereto:
|
Corridor Plan Number |
Corridor Plan Name |
Ordinance of Adoption |
Date of Adoption |
|---|---|---|---|
|
1 |
Lyons Avenue |
13-011 |
7/9/2013 |
|
2 |
Soledad Canyon Road Corridor Plan |
15-01 |
1/27/15 |
(Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 20-10 § 6, 12/8/20; Ord. 21-4 § 5, 4/13/21)
17.28.120 Zone Changes and Amendments.
Subsections:
A. Purpose.
B. Initiation.
C. Review Authority and Related Procedures.
D. Application Filing, Fees and Project Review.
E. Project Notice and Required Actions.
F. Commission and Council Actions.
G. Findings.
H. Additional Requirements for Zone Changes.
I. Additional Requirements for Amendments.
J. Change of Zoning Map.
K. Consistency with Proposed Zone Changes or Amendments.
A. Purpose. This section provides procedures and criteria for zone changes and amendments of zoning maps, and this code, whenever the Council determines that public convenience, general welfare, and/or zoning practice justify a zone change or an amendment. All such zone changes and amendments shall be made pursuant to the provisions of this code and Title 7 (Planning and Land Use) of the State Government Code. A prezone for areas to be included in an annexation area shall be considered a zone change in accordance with this code.
B. Initiation.
1. Initiation by the City. A zone change or amendment to the zoning map or this code may be initiated by the following:
a. Council. The Council may instruct the Director to initiate a zone change or an amendment;
b. Commission. The Commission may instruct the Director to initiate a zone change or an amendment; or
c. Director. The Director may initiate a zone change or an amendment.
2. Initiation by the Applicant. In the case of a zoning map amendment, it may also be initiated by the filing of a Class VII application.
3. Urgency Ordinance. In the case of the zoning ordinance, the Council may also adopt an urgency measure as an interim ordinance in compliance with Section 65858 of the State Government Code.
C. Review Authority and Related Procedures. Zone changes and amendments shall be approved or denied by the Council in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VII application and amendment review established in this code.
D. Application Filing, Fees, and Project Review. Applications for a zone change or amendment shall be in compliance with this chapter.
E. Project Notice and Required Actions.
1. Public Hearings and Notice Required. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
2. Additional Area May Be Included. Where an application is filed requesting a zone change, the Director may elect to expand the boundaries of the area to be studied when, in the opinion of the Director, good zoning practice justifies the proposed expansion.
F. Commission and Council Actions.
1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.
2. Commission Recommendation. A recommendation by the Commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a zone change or amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).
3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
4. Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a zone change or amendment; provided, that any modification of the proposed zone change or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
G. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision).
H. Additional Requirements for Zone Changes.
1. Principles and Standards for Zone Changes. The Council shall approve a zone change only after the applicant substantiates all of the following required findings:
a. That modified conditions warrant a revision in the zoning map as it pertains to the area under consideration;
b. That a need for the proposed zone classification exists within such area;
c. That the particular property under consideration is a proper location for said zone classification within such area:
i. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; and
ii. That the proposed zone change is consistent with the adopted General Plan for the area unless a General Plan amendment is filed concurrently and approved with said zone change.
I. Additional Requirements for Amendments.
1. Principles and Standards for Amendments. The Council shall approve an amendment other than a zone change only after all of the following required findings can be substantiated:
a. The amendment is consistent with the adjacent area, if applicable;
b. The amendment is consistent with the principles of the General Plan;
c. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice;
d. The amendment is consistent with other applicable provisions of this code; and
e. Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.
J. Change of Zoning Map. A zone change shall be adopted by ordinance and shall become the zoning for the property. The City Clerk shall notify the County Assessor of any changes of zone within ninety (90) calendar days of adoption by the Council.
K. Consistency with Proposed Zone Changes or Amendments. Upon the determination of completeness by the Director of a zone change or development code amendment, a permit and/or application may be approved for the erection, construction, alteration, or change of any building, structure, or improvement covered by the proposed zone change or amendment which would conform to the requirements for the proposed zone. Permits and/or applications for the erection, construction, alteration, or change of any building, structure, or improvement in compliance with the existing zone and/or amendment under consideration shall be held in abeyance until the effective date of the proposed zone change or amendment. (Ord. 13-8 § 4 (Exh. A), 6/11/13)