Chapter 18.76 — ZONING AMENDMENTS

The purpose of this chapter is to provide procedures for amending the text of this title or the boundaries of the Zoning Map for the City of Anaheim. (Ord. 5920 § 1 (part); June 8, 2004.)

This title may be amended by changing the boundaries of zones or districts, or by changing any other provision thereof, to implement the General Plan and to enhance and preserve the general welfare by following the procedures set forth in this chapter. (Ord. 5920 § 1 (part); June 8, 2004.)

An amendment may be initiated as prescribed in this section.

.010 Reclassification. A reclassification of property from one zone or district to another zone or district through a change to the boundaries of the Zoning Map is subject to the following provisions:

.0101 Petition. A reclassification may be initiated by the verified petition of one (1) or more owners of each property affected by the

proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the petitioner.

.0102 City Council. A reclassification may be initiated by motion of the City Council.

.0103 Planning Commission. A reclassification may be initiated by motion of the Planning Commission.

.0104 Staff. A reclassification may be initiated by the Planning Director.

.020 Text amendment. A change to the text of this title is subject to the following provisions:

.0201 Petition. An amendment may be initiated by the public, upon payment of a fee as set forth in Chapter 18.80 (Fees).

.0202 City Council. An amendment may be initiated by motion of the City Council.

.0203 Planning Commission. An amendment may be initiated by motion of the Planning Commission.

.0204 Staff. An amendment may be initiated by the Planning Director. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 53; October 25, 2005.)

.010 Reclassification. The City Council is the approval authority for a reclassification of property from one zone or district to another zone or district, through a change to the boundaries of the Zoning Map.

.020 Text Amendment. The City Council is the approval authority for amendments to the text of this title. (Ord. 5920 1 (part); June 8, 2004: Ord. 6473 § 40; December 3, 2019.)

.010 Map Amendment. The Planning Commission shall review and recommend approval or denial of any Zoning Map amendments to the City Council.

.0101 Motion Required. The Planning Commission shall review the proposed amendment as a public hearing item on the Planning Commission Agenda, and shall, by motion, recommend approval or denial for any map amendments to the City Council.

.020 Text Amendment. The Planning Commission shall review and recommend approval or denial of any text amendments to the City Council.

.0201 Motion Required. The Planning Commission shall review the proposed amendment as a public hearing item on the Planning Commission Agenda, and shall, by motion, recommend approval or denial for any text amendments to the City Council. (Ord. 5920 1 (part); June 8, 2004: Ord. 5998 § 54; October 25, 2005: Ord. 6473 § 41; December 3, 2019.)

.010 Recommendation for Approval. Upon receipt of the formal recommendation of approval by the Planning Commission regarding a proposed change in the text of this title or the Zoning Map, the City Council shall introduce and adopt or reject an ordinance that makes the proposed changes for said amendment.

.020 Recommendation for Denial. Upon receipt of the formal recommendation of denial by the Planning Commission regarding a proposed change in the text of this title or the Zoning Map, the City Council shall take no further action unless an appeal is initiated in accordance with the procedures set forth in Section 18.60.130 (Appeals - General) of Chapter 18.60 (Procedures).

.030 Public Hearing. If an appeal is initiated under the provisions set forth in Section 18.60.130 (Appeals - General) of Chapter 18.60 (Procedures), after a decision by the Planning Commission making a favorable recommendation for approval or denial regarding a proposed change in the text of this title or the zoning map, the City Clerk shall set the matter for public hearing and shall give notice thereof as required by state law.

(Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 55; October 25, 2005.)

.010 Resolution of Intent. Notwithstanding any other provision of this Code to the contrary, the approval of any resolution of intent to reclassify or rezone property ("resolution of intent") by the City Council or by the Planning Commission shall not: (i) confer or vest any rights to reclassification or rezoning of the property, prior to the adoption of an ordinance by the City Council reclassifying or rezoning the property ("rezoning ordinance"); or (ii) compel, commit, mandate or otherwise require the City Council to adopt any such rezoning ordinance.

.020 Rezoning as Legislative Decision. Consideration of any rezoning ordinance by the City Council shall be deemed a legislative decision, and adoption of any such rezoning ordinance shall be at the sole discretion of the City Council, notwithstanding the approval of any previous resolutions of intent or other actions of either the City Council or the Planning Commission relating to such matter.

.030 Effect of Council Action on Resolution of Intent. In the event the City Council fails to adopt any rezoning ordinance (for which a resolution of intent was previously approved, pursuant to an action by either the City Council or the Planning Commission, which action subsequently became final), upon a vote thereon by the City Council, or the City Council fails to introduce any rezoning ordinance at a City Council meeting where such rezoning ordinance appears on the Council agenda for introduction, any previously approved final resolution of intent relating thereto shall be deemed null and void.

.040 Appeal or Rehearing. The action of the City Council in failing to adopt such rezoning ordinance shall have the same effect as a

timely appeal of the approval of a reclassification by the Planning Commission, or the timely granting of a rehearing of the approval of a reclassification by the City Council. The City Clerk shall thereafter schedule a public hearing before the City Council, upon such matter in the same time and manner as specified in Chapter 18.60 (Procedures).

.050 Hold Harmless. Except as expressly set forth in this section, neither the City nor its officers or employees shall have any obligation or liability for the failure of the City Council to adopt any rezoning ordinance. (Ord. 5920 § 1 (part); June 8, 2004.)

Chapter 18.80 FEES

The purpose of this chapter is to establish provisions for payment of fees, including any required deposits, for all applications submitted pursuant to this title. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004.)

The fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title shall be as set forth in the fee schedule adopted by resolution of the City Council. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004.)

Prior to approving and adopting any new fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title, or prior to approving increases to existing processing or appeal fees, the City Council shall hold a public hearing, as part of a regularly scheduled meeting, if required by State law. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004: Ord. 6506 § 56; February 9, 2021.)

Fees, including any initial deposits as may be required by resolution of the City Council, for processing applications for permits or other approvals or appeals pursuant to this title must be paid in full, before any application or appeal will be accepted for filing. Any additional deposits as may be required by resolution of the City Council must be paid in full by the project applicant prior to continued processing of any application or appeal by the City except as provided in Section 18.80.060 of this chapter. Fees, including any initial deposits and additional deposits as may be required by resolution of the City Council, shall be payable to the City of Anaheim and shall constitute a debt due and payable to the City until paid in full. Once submitted, fees shall not be refunded, except as otherwise authorized by Chapter 18.60 (Procedures) or by resolution of the City Council adopted pursuant thereto; provided, however, that the amount of any deposit that exceeds all accumulated costs at the time of the final action on the subject petition, application or appeal shall be refunded to the depositor. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004: Ord. 5980 1 (part); June 21, 2005.)

Fees for processing applications are not required for applications or appeals filed by any governmental agency, members of the City Council, any City commission or advisory board, or any department or division of the City, except for additional deposits which may be required of a project applicant for the processing of an appeal as provided by resolution of the City Council. (Ord. 5920 1 (part); June 8, 2004: Ord. 5944 28 (part); September 28, 2004: Ord. 5980 1 (part); June 21, 2005.)

Notwithstanding any other provision of this Code to the contrary, if the amount of any additional deposit as may be required by resolution of the City Council in conjunction with any application or appeal is not received by the City within fifteen (15) working days after the invoice due date, all development project processing and/or appeal activities will be terminated until payment is received. In the event the project applicant fails to make the necessary additional deposit prior to the scheduled public hearing upon such application or appeal, the Planning Director, or his or her designee, shall report to the City Council (or the hearing officer or other body hearing such application or appeal) that the project applicant has failed to timely make the additional deposit required by such resolution. At the time set for the public hearing, and notwithstanding any other provision of this Code to the contrary, the City Council shall either (i) find that the project applicant has failed to make the required additional deposit and deny the development project for such reason, or (ii) determine that the City Council then currently has sufficient information to act upon the application or appeal, and proceed with the public hearing and consideration of the application or appeal, or (iii) continue the hearing (within permissible legal time limits) to allow the project applicant additional time to make the additional deposit. (Ord. 5980 1 (part); June 21, 2005.)