Fontana Municipal Code Div. 9 Specific Plan Amendment

A specific plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan.

Prior to the filing of an application for an amendment to a specific plan, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(Ord. No. 1906, § 20, 10-25-22)

Applications for an amendment to a specific plan shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(1) An amendment to a specific plan may be initiated by the Planning Commission, City Council, Director of Community Development, or the owner or authorized agent of the owner of the property for which the application is being made.

(2) An amendment to provisions of this chapter may be initiated by the Planning Commission, City Council, Director of Community Development, or any person directly affected by the provisions of this chapter.

The Director of Community Development may request proof or authorization to file an application on behalf of another party.

Editor's note— Ord. No. 1906, § 21, adopted Oct. 25, 2022, repealed § 30-70, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Notice of hearings for a specific plan amendment shall be as set forth in Division 4, of this article herein.

Upon the filing of a complete application for an amendment to a specific plan, the matter shall be set for hearing before the Planning Commission for recommendation to the City Council.

(1) The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the specific plan.

(2) If the decision of the Planning Commission is to deny an application requesting an amendment to a specific plan, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein.

(3) The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

The City Council shall hold at least one public hearing upon the matters referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify, or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider an amendment not previously considered by the Planning Commission, the Council may refer such amendment to the Planning Commission for its recommendation.

If an application for an amendment to a specific plan is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating an amendment at any time.