Hesperia Municipal Code Art. V Zone Changes, General Plan Amendments, and Specific Plan Amendments

Footnotes:

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Editor's note— Ord. No. 2021-01, 3(Exh. A), adopted June 1, 2021, amended various sections in Art. V, in addition to changing Art. V's title to read as herein set out. Formerly Art. V was known as 'zone changes.'

Whenever the public necessity, convenience, general welfare, good planning practices, or the policies set forth in the general plan justify such action, land use boundaries may be amended through the procedures established in this title.

(Ord. 192 Exh. A (§ 83.05.010), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. A change in the boundaries of any land use designation may be initiated by the owner or the authorized agent of the owner of property by filing an application for a general plan amendment or specific plan amendment as prescribed in this section. If the property for which the general plan or specific plan amendment is proposed is in more than one ownership, all the owners or their authorized agents must join in filing the application. If deemed appropriate to expand the boundaries of any proposed general plan or specific plan amendment, notice shall be given to all property owners within the proposed expansion boundaries. Prior to any action on the proposed general plan or specific plan amendment, written authorization from all property owners shall be on file in the planning division.

B. A change in the boundaries of any land use designation may be initiated by the consensus of the city planning commission or city council.

C. An application for a general plan or specific plan amendment to change the zoning of the property may be filed concurrently with any other application(s) on the same property.

D. Following the denial of an application for a general plan or specific plan amendment, an application for the same or substantially the same general plan or specific plan amendment shall not be accepted within one year of the date of denial.

E. A change in land use shall be indicated by listing on the general plan map the number of the ordinance amending the map.

(Ord. 192 Exh. A (§ 83.05.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. An application for a change of land use shall be made on a form provided for that purpose by the planning division.

B. The planning division may require additional information if necessary to enable the commission and council to determine whether the amendment is consistent with the objectives of this code and the city's adopted general plan.

C. An application initiated by a property owner shall be accompanied by the fee established by the city council.

(Ord. 192 Exh. A (§ 83.05.030), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. The planning commission shall hold a public hearing on each application for a general plan or specific plan amendment. The hearing shall be set and notice given as prescribed in Section 16.12.010. The hearing may be continued from time to time.

B. The planning commission shall determine whether the amendment is consistent with the objectives of this code and with the general plan, and shall recommend to the city council that the general plan or specific plan amendment be granted, granted in modified form or denied.

C. Notwithstanding the provisions of Section 16.12.055(C), an application for a general plan or specific plan amendment which has received a recommendation for denial shall be referred without appeal to the city council when accompanied by an amendment to the development code or development regulations of said specific plan.

D. When the commission determines, following a public hearing on a proposed general plan or specific plan amendment, that a change to a land use classification other than the proposed classification specified in the hearing notice is desirable, the commission may recommend an alternate classification. The commission must determine that the recommended alternative is more appropriate for the subject property and is consistent with the general plan and the intent of the development code. If it is more intense than the recommended alternative, a new public hearing is required.

(Ord. 192 Exh. A (§ 83.05.040), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. After the recommendation of the planning commission for approval on a proposed general plan or specific plan amendment, or if an appeal of a denial has been filed, the city council shall hold at least one public hearing. The hearing shall be set and notice given as prescribed in Section 16.12.010. The hearing may be continued from time to time.

B. Following the closing of a public hearing, the council shall make specific findings as to whether the change is consistent with the objectives of this code and the general plan. If the council finds that the change is consistent, it shall introduce an ordinance amending the land use map.

C. The city council may approve, modify or disapprove a recommendation of the planning commission on a land use change not previously considered by the planning commission; provided, it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty (40) calendar days after receipt of the council request shall be deemed concurrence.

(Ord. 192 Exh. A (§ 83.05.050), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Prior to taking an action to approve or recommend approval of a change in land use, the reviewing authority shall find as follows:

A. The proposed change in zone is consistent with the general plan;

B. The site of the proposed change in land use designation is suitable for any of the land uses permitted within the proposed designation;

C. The proposed general plan or specific plan amendment is reasonable and beneficial at this time;

D. The proposed general plan or specific plan amendment will not have a substantial adverse effect on surrounding properties or the community in general.

(Ord. 192 Exh. A (§ 83.05.060), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. For the purpose of establishing land use designation boundaries to become effective only upon annexation, property outside the corporate boundaries of the city, within the adopted sphere of influence, may be classified within one or more designations in the same manner and subject to the same procedural requirements as prescribed for property within the city.

B. Upon passage of an ordinance establishing the applicable land use designation for property outside the city, the general plan shall be revised to show the potential or designation to become effective upon annexation.

(Ord. 192 Exh. A (§ 83.05.070), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)