Agoura Hills Municipal Code Div. 2 Change of Zone

The zoning map may be amended by changing the boundaries of any district in accordance with the procedures described in these sections.

A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application.

A change in the boundaries of any district may additionally be initiated by planning commission or the city council.

A property owner desiring to propose a change in the boundaries of the district in which his property is located, or his authorized agent, may file with the department of planning and community development an application for a change in district boundaries on a form prescribed by the department and shall include the following information:

A. Name and address of the applicant;

B. Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed; or is the plaintiff in an action of eminent domain to acquire the property;

C. Address and legal description of the property;

D. An accurate scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the director to be necessary to illustrate the relationship to any impact on the surrounding area;

E. [Reserved;]

F. The filing fee as established by resolution of the city council;

G. Such other information as is required by the director.

(Ord. No. 93-242, § 1, 11-10-93)

The department of planning and community development shall make an investigation of the application and shall prepare a report which shall be submitted to the panning commission and to the applicant prior to the public hearing.

The planning commission shall hold at last one (1) public hearing on each application for a change in district boundaries. The hearing shall be set and notice given as prescribed in section 9804.4.

Within twenty-one (21) days following the closing of the public hearing, the planning commission shall determine whether the change is consistent with the objectives of this article and shall recommend that the application be granted, granted in modified form, or denied. The denial of the request by the planning commission shall be considered final unless appealed.

A decision of the planning commission involving a denial of an application for a change in district boundaries may be appealed to the city council within fifteen (15) days of the decision by the applicant or any other person as prescribed in section 9804.5.

The city council shall hold at least one (1) public hearing on an application within forty (40) days after receipt of the recommendation by the panning commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in section 9805.5. Within twenty-one (21) days following the close of a public hearing, the city council shall determine whether the change is consistent with the objectives of this article and the general plan. If the council finds that the change is consistent, it shall introduce and adopt an ordinance amending the zoning map. If the council finds that the change is not consistent, it shall deny the application. The city council shall not substantially modify a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty (40) days after receipt of the council request shall be deemed concurrence with the modification. A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.

Following the denial of an application for a change in district boundaries, an application or request for the same or substantially the same change shall not be filed within one (1) year of the date of denial.

Territory annexed to the city shall, upon the date that the annexation becomes effective, be designated with the appropriate land use district subject to the following provisions:

A. Prezoning unincorporated territory. Unincorporated territory may be prezoned by the city for the purpose of determining the land use district that will apply to such territory in the event of subsequent annexation to the city.

B. Procedure. Consideration of the district classifications, conditional use permits or variances to be applicable to property to be annexed, shall be in accordance with the procedure provided in the case of property located in the city.

C. Property classification. The prezoning designation as approved shall be shown on the zoning map with a UA prefix attached to the designation to indicate that upon annexation such designation shall apply to the property; for example, RM-10 (UA). Once the annexation is completed, the designation shall be removed.

D. Annexation schedule. Any prezoning classification may be subject to a specific time table for annexation of all or part of the property to the city. The city reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the timetable and the city council may, and expressly reserves the right and power, to revoke the prezoning classification solely upon the ground that annexation has not taken place according to the timetable.

E. Notification of the board of supervisors. In addition to any other public notice required, the city shall, as a part of any prezoning, notify the Los Angeles County board of supervisors of the proposed application of the prezoning.