Chapter 18.78 — ZONE CHANGES — La Habra Zoning Code

§ 18.78.010. Amendments generally. ¶

A. Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, the city council or the planning commission upon its own motion may, or upon the verified application of any interested person shall, initiate proceedings to amend, supplement or change the zones, regulations or districts established by this title.
B. With the exception of amendments changing property from one zone to another, or changing the boundary of any zone, amendments may be made in the same manner as the zoning ordinance from which this title derives was adopted.
(Ord. 1719 § 1, 2010)

§ 18.78.020. Application. ¶

A. Applications for changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.
B. Applications filed pursuant to this chapter 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 copies of all notices and actions pertaining thereto.

(Ord. 1719 § 1, 2010)

§ 18.78.030. Investigation. ¶

The planning commission shall cause to be made, by its own members or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendments or variances.

(Ord. 1719 § 1, 2010)

§ 18.78.040. Public hearing—Scheduling—Notice. ¶

Following the receipt in proper form of any such application, the secretary of the planning commission shall fix a time and place of public hearing thereon. Not less than ten days before the date of such public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given in the following manner:

A. By publishing once in a newspaper of general circulation in the city;
B. By mailing a notice, postage prepaid, to the applicant, each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last known name and the address of such owners as shown upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)

§ 18.78.050. Public hearing—Conduct. ¶

Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in Section 18.78.040 . The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Ord. 1719 § 1, 2010)

§ 18.78.060. Approval or denial. ¶

A. Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirtyfive days after the conclusion of the hearing shall be deemed to constitute a denial. The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.
B. Within ten days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendations together with the complete records of the case shall be delivered to the city council. The city 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 of notice and conducting the hearing shall be the same as prescribed for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not less than a majority of the members of the city council. No permit or license shall be issued for any use involved in an application for a change of zone until the same has become final by the adoption of an ordinance.
(Ord. 1719 § 1, 2010)

§ 18.78.070. Annexations. ¶

A. In any petition for the annexation of property to the city, the petitioner may request in his/her petition how he/she desires the property to be zoned, provided that the property is annexed to the city.
B. The planning commission may give notice of its intention to consider the petition for annexation and for zoning the property in accordance with provisions of state law. Such notice shall be given as may be required by law from time to time for zoning and annexation.
C. If no zoning is approved in connection with the petition for annexation, all property annexed to the city shall, upon annexation, be automatically zoned R-1a single-unit dwelling zone only, unless such annexation has been prezoned, in which case the prezoning shall become effective.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)

§ 18.78.080. Prezoning. ¶

The method of accomplishing prezoning of unincorporated territory shall be as provided by this chapter for amendments and changes of zone, except that publication of notice, and all ministerial and other acts required by state law, shall comply with such state law. Such zoning shall become effective in accordance with state law. (Ord. 1719 § 1, 2010)