Lake Forest City Zoning Code
CHAPTER 9
196 AMENDMENTS AND ZONE CHANGES
§ 9.196.010 Zoning Code amendments and zone changes.
All Zoning Code amendments and zone changes shall be adopted in compliance with the provisions and procedures of this section, and applicable sections of the Government Code.
A Zoning Code amendment may be initiated by the City Council or the Planning Commission. A zone change application, including those for planned communities, may be initiated by the City Council, the Planning Commission or the owner(s) of the subject real property.
(Ord. 176 § 1, 2007)
§ 9.196.020 Zoning Code amendment.
A.
All ordinances which change any of the language or provisions of this Code are Zoning Code amendments. Whenever the City Council or the Planning Commission initiates a Zoning Code amendment, the Director of Community Development shall prepare an exhibit, including proposed language and terminology and any additional information and documents deemed necessary for the Planning Commission and the City Council to take action. Such exhibit shall be available for public inspection in the Department of Community Development offices and shall be supplied, at cost, to all persons desiring a copy, at least 10 days prior to the scheduled Planning Commission public hearing date. The exhibit shall also be available for public inspection in the City Clerk's office at least five days prior to the scheduled City Council public hearing.
(Ord. 176 § 1, 2007)
§ 9.196.030 Zone changes.
Any ordinance that reclassifies property from one zoning district to another zoning district (i.e., change the zoning/sectional district map), and any adoption of or revision to a P.C. text, zoning map, or statistical summary is a zone change.
A.
Zone Change Applications.
1.
Filing Instructions. Whenever the owner(s) of any real property desires a reclassification of their property, they may submit an application for a change of zone to the Director of Community Development. Each application shall be filed with the Director of Community Development, on a form prescribed, by and with all documents and information required, by the Director of Community Development. The Director of Community Development, shall provide written filing instruction and required forms at no charge to any person requesting such instruction.
All applications shall be signed by the owner of record of the real property proposed to be rezoned, except as otherwise provided, as follows:
a.
An application may be signed by an agent for the property owner when a statement, signed by the property owner, specifically authorizing the agent to represent him, is submitted with the application.
b.
When the property proposed to be reclassified is owned by a company or organization, the application may be signed by an officer of such company or organization authorized to sign the application.
c.
When some or all of the property proposed to be reclassified is owned in common by two or more persons, the application may be signed by a person duly authorized by the common owners to represent them in such application.
d.
When a portion of a planned community has been developed and sold to ultimate property owners, and such property is included within the application, the owner/developer of the remaining undeveloped land may sign the application. In such instance, the applicant shall include, in addition to the required mailing list, the names, addresses and envelopes for all owners whose property would be rezoned if the application is approved.
e.
When a zone change is initiated by the Planning Commission or the City Council the property owner's signature is not required.
2.
Submittal of Application. When an application for a change of zone has been submitted, the Director of Community Development, shall determine Director of Community Development, shall determine whether such application is complete and shall transmit such determination to the applicant. In the event the application is determined to be incomplete, the Director of Community Development, shall specify those parts of the application which are incomplete and shall inform the applicant, in writing the manner in which they can be made complete.
3.
Acceptance of Application. No application for a change of zone shall be accepted for processing by the Director of Community Development, until a determination has been made that the application and all accompanying information is complete and in compliance with the filing instructions.
B.
Zoning Conditions. A zoning ordinance may include conditions requiring a dedication of real property, installation of facilities and improvements, special development standards, additional review requirements, and other requirements deemed necessary to protect the public health and welfare and to provide assurance that the subject property will be used in compliance with the intent of the General Plan and the Zoning Code.
Whenever a zoning ordinance includes conditions, such conditional zoning shall be designated on the official zoning district map by a parenthetically enclosed (C) and number(s) following the zoning designation, thus (C 001,002). Each number following the "C" shall represent a condition application to the property. A verbatim record of zoning conditions adopted by zoning ordinance shall be maintained by the Director of Community Development, in a Zoning Conditions Log.
C.
Filing Fee. The cost of processing, notification, publication and distribution for each zone change application and resultant zoning ordinance shall be paid by the property owner or his or her agent in accordance with policy established by resolution of the City Council.
The Director of Community Development, may establish incremental deposit requirements commencing with the application submittal. Upon termination or completion of the application, a final accounting of total costs expended by the City to process and finalize the application shall be made and forwarded to applicant(s) who shall pay any deficiency or who may request a refund in the case of a previous overpayment.
(Ord. 176 § 1, 2007)
§ 9.196.040 Zoning ordinance procedure.
A.
Planning Commission Hearing. The Planning Commission shall hold a public hearing for all proposed zoning ordinances except those which do not affect the permitted uses of real property within the City. The Planning Commission may take action or may continue the public hearing to a specified date. The Planning Commission action shall be to recommend to the City Council that the proposed zoning ordinance be approved, disapproved, or conditionally approved. The Planning Commission may also act to withdraw a proposed zoning ordinance without a public hearing with the concurrence of the applicant.
B.
Transmittal to City Council. The recommendations of the Planning Commission together with the findings and additional documents and information shall be transmitted to the City Council. In the case of a recommendation by the Planning Commission for the disapproval of a change of zone, the application shall be transmitted to the City Council only upon written request of the applicant. Such written request shall be submitted to the Director of Community Development, within 15 calendar days after the Planning Commission action. Failure of the applicant to submit such a request within 15 calendar days shall result in termination of the case, and the action of the Planning Commission shall thereafter be final.
C.
City Council Hearing. The City Council shall hold at least one public hearing for each proposed zoning ordinance. The City Council may take action, may continue the public hearing to a specified date, or may refer the proposed zoning ordinance back to the Planning Commission or Director of Community Development. The action of the City Council shall be to approve, disapprove or conditionally approve the request or proposal of the applicant or initiator and to adopt such ordinance as it finds appropriate and consistent with its findings. The City Council may also act to withdraw a proposed zoning ordinance without a public hearing, with the concurrence of the applicant.
D.
Publication After Adoption and Effective Date of Nonurgency Ordinances. Within 15 days after adoption of a zoning ordinance by the City Council, the ordinance shall be published in a newspaper of general circulation in the County. The ordinance will then become effective 30 days after adoption by the City Council.
1.
Code Amendments. When the zoning ordinance is a code amendment, the amendment, as adopted, shall be published. However a summary of the amendment may be published instead, at the option of the City.
2.
Zone Changes. When the zoning ordinance is a zone change, the ordinance and the zoning district map shall be published. However, a summary of the zone change may be published instead, at the option of the City.
(Ord. 176 § 1, 2007)