Beverly Hills Municipal Code Art. 39 Amendments

"Property uses", as used in this article, shall mean and include the use of buildings, structures, and land, the regulation of location, height, bulk, number of stories, and size of buildings and structures, the size of yards, courts, and open spaces, the percentage of a lot which may be occupied by a building or structure, the establishment of building setback lines, and the creation of civic districts. (1962 Code § 10-852; amd. Ord. 95-O-2239, eff. 7-7-1995)

Boundaries of the zones established by this chapter, or the classification of property uses therein, may be amended, reclassified, and altered whenever the public necessity, convenience, and general welfare require. Such changes may be initiated by:

A. The verified petition of the owners of property proposed to be so changed or reclassified;

B. Motion of the council; or

C. Motion of the planning commission.

Whenever the owner of any land or building desires a reclassification of his property, he shall file with the zoning administrator a petition duly verified by him requesting an amendment, supplement, or change of the regulations prescribed for such property. (1962 Code § 10-851; amd. Ord. 95-O-2239, eff. 7-7-1995)

Upon the filing of such verified petition, or adoption of such motion, the planning commission shall hold a hearing thereon as provided in sections 10-3-3704 and 10-3-3705 of this chapter. Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 14-O-2661, eff. 6-20-2014)

The zoning administrator shall prescribe the form of application for changes of zone boundaries or classifications. He shall prepare and provide blanks for such purposes and shall prescribe the type of information to be provided in the application by the petitioner. No petition shall be received unless it complies with such requirements. If signatures of persons other than the owners of property making the application are required or offered in support of or in opposition to the application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city.

Petitions or applications filed pursuant to the provisions of this article shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with affidavits of posting, mailing, or publication pertaining thereto. (1962 Code § 10-853; amd. Ord. 95-O-2239, eff. 7-7-1995)

A fee in the amount of one hundred dollars ($100.00) shall be paid upon the filing of each application or petition for change or amendment for the purpose of defraying the expenses of postage, posting, advertising, and other costs incidental to the proceedings prescribed in this article. (1962 Code § 10-854; amd. Ord. 95-O-2239, eff. 7-7-1995)

All proposals for amending zone boundaries or classifications or property uses shall be set for public hearing by the zoning administrator not less than ten (10) days nor more than forty (40) days from the time of the filing of such verified petition or the making of such motion. (1962 Code § 10-855; amd. Ord. 95-O-2239, eff. 7-7-1995)

The planning commission may cause to be made by its own members or by the zoning administrator such investigations of facts bearing upon any application set for hearing, including an analysis of precedent cases, as will serve to provide all necessary information to assure action on each case consistent with the purposes of this chapter and with previous amendments or variances. (1962 Code § 10-856; amd. Ord. 95-O-2239, eff. 7-7-1995)

Public hearings by the planning commission shall be conducted before a quorum of the planning commission. The planning commission may establish its own rules for the conduct of public hearings, and the member of the planning commission presiding at such hearing is hereby empowered to administer oaths to any person testifying before it.

A summary of all pertinent testimony offered at a public hearing and the names of persons testifying shall be recorded and made a part of the permanent files of the case.

If, for any reason, testimony of any case set for public hearing cannot be completed on the day set for such hearing, the planning commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which such hearing will be continued, and such announcement shall serve as sufficient notice of such continuance and without recourse to the form of public notice as provided for in the first instance. (1962 Code § 10-857; amd. Ord. 95-O-2239, eff. 7-7-1995)

If, from the facts presented at the public hearing, or by investigation by or at the instance of the planning commission, the planning commission finds that the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the reclassification of the property involved or the reclassification of any portion of the property, the planning commission shall so recommend to the council.

The recommendation of the planning commission to the council shall be in writing and shall set forth fully the findings and determinations of the planning commission on the matter involved. A decision shall be rendered within a reasonable time, and a recommendation shall be filed with the council within seven (7) days after the decision is rendered by the planning commission. (1962 Code § 10-858; amd. Ord. 95-O-2239, eff. 7-7-1995)

Notice of an action taken on an amendment application shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 14-O-2661, eff. 6-20-2014)

The action of the planning commission in the legislative matter of amending zone boundaries or use classifications or other matters established by this chapter shall be advisory only. The council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving the notice, and conducting the hearing shall be the same as prescribed for hearings by the planning commission. The determination by the council shall be final and conclusive, and the council shall, by ordinance, effect any such reclassification, amendment, or addition. (1962 Code § 10-860; amd. Ord. 95-O-2239, eff. 7-7-1995)

If an application for an amendment is denied by the planning commission, an appeal may be taken to and conducted by the council in the same manner as an appeal from the denial of a variance, and, if no such appeal is taken, such denial shall be final. The decision of the council on appeals shall be final. (1962 Code § 10-861; amd. Ord. 95-O-2239, eff. 7-7-1995)

The council may, by minute order, request the planning commission to consider the rezoning of any property, or the planning commission may, of its own initiative, consider such a change. In either case the planning commission shall proceed as though an application for a change had been filed with the zoning administrator as provided in section 10-3-3901 of this chapter; provided, however, written notices need not be mailed if such notice is deemed impracticable by the planning commission. (1962 Code § 10-862; amd. Ord. 95-O-2239, eff. 7-7-1995)