Victorville Municipal Code Art. 1 Amendments

The Development Code may be amended by changing the boundaries of any zoning district or by changing any Code Section, district regulation, requirement, general provision, exception, procedure, design guideline, policy or any other provision as provided for in this Code.

An amendment may be initiated by the owner or the authorized agent of real property. If the property for which an amendment is proposed contains more than one ownership, all of the property owners or authorized agents shall join in the initiation of an amendment. An amendment may also be initiated by the City Manager or his/her designee or by a resolution of the Planning Commission or by action of the City Council in the form of a request to the Planning Commission that it consider a proposed change. Amendments shall follow the procedures as specified in this Article.

(Ord. No. 2388, § 3, 3-19-19)

The Development Department shall make an investigation of the application and shall prepare a written report which shall be transmitted to the Planning Commission and made available to the applicant(s) prior to the public hearing. The Development Department may consult with other City Departments and other public agencies in its investigation.

The Planning Commission shall hold at least one (1) public hearing on the amendment application, with all hearings noticed as required by the State government code. At the public hearing, the Planning Commission shall review the application and supporting materials, the report of the Development Department, reports of other City departments and public agencies and shall receive evidence regarding the proposed amendment.

When considering amendments to the Code or applications for changing property from one zone classification to another, the Planning Commission shall act only to make recommendations to the City Council. After the conclusion of the hearing on a proposed amendment or change of zone, the Planning Commission shall submit specific information regarding said amendment or change of zone, including minutes of the Planning Commission meeting, to the City Council for consideration.

Upon receipt of the report of the Planning Commission on a proposed amendment, the Council shall set the matter for a public hearing after notice thereof is given as required by law. After the conclusion of the hearing, the Council may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed amendment by the Council shall first be referred to the Planning Commission for report and recommendation but the Planning Commission shall not be required to hold the public hearing thereon. Failure of the Planning Commission to report within forty days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification.

An update to the General Plan or a change of zoning district or in the district boundaries shall be indicated on the General Plan and Zoning Map following the enactment of an ordinance amending the General Plan and Zoning Map.

Following the denial by the Planning Commission or Council of an application for an amendment, no new application for the same or substantially the same change shall be filed within one (1) year after the date of denial of the application. When both the Planning Commission and City Council reject an application, the one (1) year period shall run from the later date of denial.

The approval of an amendment shall become effective upon the expiration of thirty (30) calendar days following the date upon which the approval was granted.

The pre-zoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council or City Manager or his/her designee in the form of a request to the Planning Commission that it consider the pre-zoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be pre-zoned to a City zoning district or districts.

All of the provisions of this Article shall apply to pre-zoning of property, except that the ordinance approving pre-zoning shall become effective at the same time annexation of the territory becomes effective.

(Ord. No. 2388, § 3, 3-19-19)