La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
42 ZONE CHANGES AND AMENDMENTS
§ 11.42.010 Authority.
Zone changes and amendments may be initiated to change zones, to alter the boundaries of districts, to impose regulations not previously imposed, and to remove or modify any regulation already imposed, whenever the city council finds that the public convenience, the general welfare, or good zoning practice justifies such action. All such zone changes and amendments shall be made pursuant to the provisions of this title and Title 7 of the Government Code.
(LACC Ord. 1494 § 306, 1974; Ord. 11 § 2, 1977)
§ 11.42.020 Initiation of changes.
§ 11.42.030 Zone change-Petition for.
Any person owning or having such other interest in property as specified in Section 11.42.040(A) may file a petition for a change of zone with the director, except that 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 either by the commission or by the city council within one year prior thereto.
(LACC Ord. 1494 § 308, 1974; Ord. 11 § 2, 1977)
§ 11.42.040 Zone change-Contents of petition.
A petition for a change of zone shall contain the following information and such other information as is required by the director.
A.
The director may reject any petition that does not supply the information requested herein:
1.
Name and address of the applicant;
2.
Evidence that the applicant:
a.
Is an owner of all or a portion of the property involved, or
b.
Has written permission of an owner of all or a portion of the property involved to make such application, or
c.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
d.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
3.
Location of subject property (address or vicinity);
4.
Legal description of the property, including a statement of total area involved;
5.
Zone or zones requested;
6.
With each petition the applicant shall also file:
a.
Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request for action, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of the property described in the petition,
b.
One copy of the map shall indicate the uses established on every lot or parcel of land shown within the said 700 foot radius,
c.
A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the property described in the petition. One copy of the map shall indicate the ownership of said lots or parcels of land;
7.
Indicate the conditions which warrant the change of zone;
8.
If the change of zone as requested will permit any uses prohibited by the existing zoning, will such change of zone result in a need for a greater water supply for adequate fire protection and what are the existing proposed sources of such an adequate water supply;
9.
Such other information as the director may require.
B.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
(LACC Ord. 1494 § 308.3, 1974)
§ 11.42.045 Zone change-Fee.
Each petition for a change of zone shall be accompanied by a filing fee.
(LACC Ord. 1494 § 308.7, 1974)
§ 11.42.050 Zone change-Burden of proof.
In addition to the information required in the petition by Section 11.42.040, the applicant shall substantiate to the satisfaction of the commission the following facts:
A.
That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and
B.
That a need for the proposed zone classification exists within such area or district; and
C.
That the particular property under consideration is a proper location for said zone classification within such area or district; and
D.
That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice.
(LACC Ord. 1494 § 308.5, 1974)
§ 11.42.060 Zone change-Study of additional area.
Where a petition is filed requesting a change of zone, the director or the commission may elect to include additional property within the boundaries of the area to be studied when, in his, her or its opinion, good zoning practice justifies such action.
(LACC Ord. 1494 § 308.8, 1974)
§ 11.42.070 Commission hearing.
In all cases where a zone change or amendment is initiated, the commission shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure provided by Chapter 11.42.
(LACC Ord. 1494 § 309, 1974)
§ 11.42.080 Zone change-Commission findings and decisions.
In making its recommendation relative to a proposed change of zone, the commission shall consider the following principles and standards:
A.
That modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and
B.
That a need for the proposed zone classification exists within such area or districts; and
C.
That the particular property under consideration is a proper location for said zone classification within such area or district; and
D.
That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare and in conformity with good zoning practice.
The commission shall recommend approval or denial where the information submitted by the applicant and/or presented at public hearing substantiates or fails to substantiate findings to the satisfaction of the commission. |
(LACC Ord. 1494 § 309.1, 1974)
§ 11.42.090 Water supply.
In addition to the principles and standards enumerated in Section 11.42.080, the commission, in determining its recommendation for a change of zone, shall consider whether or not the change of zone under consideration if adopted will result in a need for greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The commission may request that the forester and fire warden or city engineer, or both, supply it with all facts, opinions, suggestions and advice which may be material to reaching a decision on any or all matters mentioned in this section.
(LACC Ord. 1494 § 309.3, 1974; Ord. 11 § 2, 1977)
§ 11.42.100 Amendments-Commission findings and decision.
In making its recommendation relative to a proposed amendment other than a zone change, the commission may recommend approval where the information presented at public hearing shows that such amendment is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.
(LACC Ord. 1494 § 309.5, 1974)
§ 11.42.110 Commission recommendation.
A recommendation by the commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote of not less than three of its members. Such recommendation is final and conclusive and may not be reconsidered by the commission except upon a referral by the city council.
(LACC Ord. 1494 § 309.7, 1974; Ord. 11 § 2, 1977)
§ 11.42.120 Notice of commission action.
The commission shall serve a notice of its action in the manner prescribed by Section 11.48.070.
(LACC Ord. 1494 § 309.9, 1974)
§ 11.42.130 Council hearing.
After receipt of the commission's recommendation, the city council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Chapter 11.48 provided, however, that if the planning commission has recommended against the approval of an amendment other than a zone change the city council shall not be required to take further action. In case of a change of zone where the commission has recommended denial, the action of the commission shall become final unless an interested party requests a hearing by the city council by filing a written request with the city clerk within five days after the commission files its recommendations with the city council.
(LACC Ord. 1494 § 310, 1974; Ord. 11 § 2, 1977)
§ 11.42.140 Modification of recommendation.
Before changing or modifying a commission recommendation involving a zone change or amendment, the city council shall refer the proposed modification to the commission for report and recommendation. Failure of the commission to report within 40 days after such referral or such longer period of time designated by the city council, shall be deemed to be approval by the commission of the proposed modification.
(LACC Ord. 1494 § 310.3, 1974; Ord. 11 § 2, 1977)
§ 11.42.150 Notice of council's decision.
The city council shall serve a notice of its action in the manner prescribed by Section 11.48.070.
(LACC Ord. 1494 § 310.5, 1974; Ord. 11 § 2, 1977)