Rancho Palos Verdes Municipal Code Ch. 17.68 Zone Changes and Code Amendments

This chapter provides for changes of the zoning designation of properties where such change is in conformity with the general plan and where such zone change is warranted by considerations of access, surrounding development, and timing of development. It is also the intent of this chapter to provide for amendments to this title, as the city may deem necessary or desirable.

(Code 1981, § 17.68.010; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

An amendment to any part of this title pertaining to the development or a change of zone of any property within the city shall be adopted pursuant to this chapter. All other amendments to this title may be adopted pursuant to the procedures that other ordinances are adopted.

(Code 1981, § 17.68.020; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A change of the zoning designation of properties and/or an amendment to this title may only be initiated as follows:

A. City council. An amendment to any part of this title and/or a change of zone of any property within the city may be initiated by the city council at any time it is deemed necessary or desirable.

B. Director and/or planning commission. An amendment to any part of this title and/or a change of zone of any property within the city may be initiated by the director and/or planning commission, upon petition to the city council. The city council shall review the petition to determine if the requested amendment and/or change is necessary or desirable.

C. Interested person. Any person having an interest in land may file an application with the city council for a change of zone and/or an amendment to this title upon submission to the director of an initiation application and payment of a filing fee, as established by the city council. A person may not file, and the director shall not accept a petition which is the same as, or substantially the same as, a petition upon which final action has been taken by either the planning commission or the city council within 12 months prior to the date of the initiation application, unless the initiation application is accepted by motion of the city council, or the previous initiation application is denied without prejudice by the city council. The city council shall review an accepted initiation application to determine if the requested amendment and/or change is necessary or desirable. If the initiation application is approved by the city council by a majority of affirmative votes, the proposed zone change and/or Code amendment shall be reviewed in accordance with section 17.68.040 of this chapter.

(Code 1981, § 17.68.030; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A zone change and/or Code amendment initiated pursuant to section 17.68.030 of this chapter shall be considered as follows:

A. The director shall set a time and place for a public hearing by the planning commission and shall order the public notice thereof. If the proposed zone change and/or Code amendment is initiated as a result of an interested person's application, said hearing shall be held not later than 40 days after the director receives the completed zone change and/or Code amendment application.

B. The planning commission shall hold a public hearing to consider the proposed zone change and/or Code amendment. The planning commission's recommendation and reasons thereof shall be filed with the city council within 40 days after the planning commission's decision. If the recommendation of the planning commission is negative, no further action need be taken.

C. If a negative recommendation is made by the planning commission, the applicant or other interested person may appeal that decision pursuant to the appeal procedures described in section 17.80.070 (Appeal to city council) of this title. Submission of the written recommendations of the planning commission to the city clerk shall constitute filing with the city council.

D. If the recommendation is positive or an appeal is filed, the city council shall hold a public hearing after notice of the same. The decision of the city council shall be made public within 60 days after the termination of the public hearing.

(Code 1981, § 17.68.040; Ord. No. 75(part), 1975; Ord. No. 90, § 11(part), 1977; Ord. No. 320, § 7(part), 1997)

The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed ordinance or amendment by the city council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

(Code 1981, § 17.68.050; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

Application for a zone change and/or Code amendment filed by an interested person shall be made on forms provided by the city.

A. Zone change application. The application shall be full and complete and shall be signed by at least one person owning property within the area proposed for a zone change. Such petition shall include plans for the proposed development of all property within the zone change area; said plans to include, as a minimum, a general site plan showing approximate location and use of all buildings (including number of units for multiple-family developments), location of points of access, parking and loading areas (including number of parking and loading spaces proposed), walkways and planting areas. If the zone change application proposes to eliminate in whole, or in part, an open space hazard zoning district, or a coastal specific plan setback zone within the coastal specific plan district, or if the property which is the subject of the zone change application is located within 1,000 feet of a known landslide, geotechnical and/or soils reports which analyze the stability of the subject area, shall accompany the application.

B. Code amendment application. The application shall be full and complete and shall be signed by the applicant. The application shall include a detailed explanation of the reasons why the Code amendment is necessary or desirable by the applicant.

(Code 1981, § 17.68.060; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A filing fee for a zone change and/or Code amendment application shall be as established by resolution of the city council.

(Code 1981, § 17.68.070; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A proposed Code amendment and zone change application shall be noticed pursuant to section 17.80.090 (Notice of Hearing) of this title; except, that a proposed Code amendment application notice need not be given to the owners of property located within 500 feet of the applicant.

(Code 1981, § 17.68.080; Ord. No. 75(part), 1975; Ord. No. 90, § 11(part), 1977; Ord. No. 320, § 7(part), 1997)

A recommendation on a Code amendment and/or zone change shall be made by resolution of the planning commission.

(Code 1981, § 17.68.090; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

In the event the report back of the planning commission on any proposed change, initiated in accordance with this chapter, is adverse to or opposed to the proposed change so referred or in the event the council desires to effect any change in this title contrary to a recommendation of the planning commission submitted to the council, then any ordinance effecting such change shall not be adopted except by at least three affirmative votes of the council.

(Code 1981, § 17.68.100; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

If the applicant does not "commence upon the permitted use," as that term is defined in section 17.86.070 (Expiration of permit upon nonuse) of this title, in accordance with the approved plan within one year of the effective date of the zone change ordinance, the planning commission or city council may initiate proceedings to return the property to its original zoning classification. One extension of up to one year may be granted by the planning commission under the standards of section 17.86.070(B) (Enforcement) of this title.

(Code 1981, § 17.68.110; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

Where a zone change requires review under the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., which in the view of the director will require more time for a decision than is otherwise permitted by this chapter, the time periods for decision set forth in this chapter shall not commence until the city approves a negative declaration, certifies an environmental impact report, or otherwise renders a final determination pursuant to CEQA for the zone change at issue.

(Code 1981, § 17.68.120; Ord. No. 320, § 7(part), 1997)