Hesperia Municipal Code Art. VII Development Code Amendments

These provisions are intended to provide the city council with a procedure to amend the development code whenever required by public necessity, public convenience, general welfare, and good planning and zoning practice. Amendments to the regulatory provisions of any specific plan shall be governed by these provisions.

(Ord. 192 Exh. A (§ 83.07.010), 1994)

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

A. A development code amendment may be initiated by any private person or agency. If the amendment is directly related to a parcel of land, the owner or the authorized agent of the owner of property must file the application. Further, if property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents must join in filing the application.

B. A development code amendment may be initiated by the consensus of the planning commission or city council.

C. An application for a development code amendment may be filed concurrently with any other application(s) having a direct relationship to the proposed amendment.

D. Following the denial of an application for a development code amendment, an application for the same or substantially the same amendment shall not be accepted within one year of the date of denial, except as initiated by the planning commission or city council.

E. A development code amendment adopted by the city council shall be incorporated into the development code.

(Ord. 192 Exh. A (§ 83.07.020), 1994)

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

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

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

C. An application initiated by a private person or agency shall be accompanied by a fee established by the city council.

(Ord. 192 Exh. A (§ 83.07.030), 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 development code 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 development code amendment is consistent with the objectives of the adopted general plan, and shall recommend to the city council that the development code amendment be approved, approved as amended, or denied.

(Ord. 192 Exh. A (§ 83.07.040), 1994)

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

A. Within forty (40) calendar days after the recommendation of the planning commission on a proposed development code amendment, 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 city council shall make specific findings as to whether the development code amendment is consistent with the objectives of the adopted general plan. If the council finds that the development code amendment is consistent, it shall introduce an ordinance amending the development code.

C. The city council may approve, modify or disapprove a recommendation of the planning commission on a development code amendment 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 (§ 83.07.050), 1994)

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

Prior to taking an action to approve or recommend approval of a development code amendment, the reviewing authority shall find as follows:

A. The proposed development code amendment is consistent with the objectives of the adopted general plan;

B. The proposed development code amendment is necessary to implement the adopted general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

(Ord. 192 Exh. A (§ 83.07.060), 1994)

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