Lakewood City Zoning Code

Any provision of this Chapter may be amended as provided by law for the initiation and adoption or amendment of other ordinances with the exception that if the proposed amendment changes any property from one zone to another, or imposes a regulation or modification, or removes any regulation previously imposed or if required by the provisions of Chapters 3 and 4 of Title 7 of the Government Code to be adopted by a procedure different than that required for other ordinances, such amendment shall be initiated and adopted in conformity with the provisions of Chapters 3 and 4 of Title 7 of the Government Code of the State of California. The provisions hereinafter imposed are intended to cover the adoption of amendments other than ordinary ordinances and are intended to be as a supplement and addition to those procedural steps required by Chapters 3 and 4 of Title 7 of the Government Code of the State of California. If for any reason any of the following sections should now conflict or should by reason of any change in said Chapters 3 and 4 of Title 7 of the Government Code conflict with the provisions of Chapters 3 and 4 of Title 7 of the Government Code, said provisions of the Government Code shall control to the exclusion of any of the following sections.

Initiation of amendments for change of any property from one zone to another, or imposing a regulation or modifying or removing any regulation imposed by this Chapter, shall be as follows:

Upon the filing of a verified application for an amendment plus receipt of the necessary filing fee and other documents or records as required by this Chapter or the adoption of a Resolution of Intention by the Planning Commission under Section 9411, or upon the receipt of a Resolution of Intention from the City Council under Section 9411, the Planning Commission shall hold at least one public hearing thereon, and the Planning Commission may adjourn said public hearing or continue the same from time to time as it deems necessary in its discretion, but in no case exceeding six months.

The Planning Commission shall adopt and announce its report of findings by formal resolution not more than sixty (60) calendar days following the conclusion of a hearing. Said resolution shall recite, among other things, the facts and reasons in the opinion of the Planning Commission which make the approval or denial of the application for amendment, or resolution for amendment, necessary to carry out the general purposes of this Chapter, and shall contain summaries of the hearing or hearings and the recommendations of the Planning Commission.

The Commission's action in recommending the adoption of the amendment requested under Section 9411, shall be by resolution adopted as provided by the Government Code. Within ten calendar days from the date of such action, the Commission shall notify the applicant by forwarding a copy of the resolution to the applicant at the address shown upon the application, and shall forward a copy to the City Council.

When the action of the Commission is to deny an application under Section 9411, the Commission shall, within ten (10) calendar days from the date of such action, notify the applicant by forwarding a copy of the resolution to the address shown upon the application.

The City Planning Commission, in lieu of making a recommendation by resolution granting or denying the application for amendment, may adopt a motion finding that the application for amendment is without sufficient grounds or merit to warrant the adoption of a recommendation granting or denying the same. In such event the motion shall state in full the grounds and reasons for the foregoing finding. In such event the secretary of the Planning Commission shall forward a certified copy of said motion and finding to the applicant within ten (10) calendar days of the date of said decision. The decision of the Planning Commission pursuant to this subsection shall be final and conclusive unless within ten (10) calendar days following the receipt of the notice of this action the applicant files his appeal in writing with the City Clerk.

Upon receipt of a written appeal filed with the City Clerk by the applicant as provided in Section 9411.5, or upon transmission of the resolution of the Planning Commission recommending or denying the adoption of an amendment, the secretary of the Planning Commission shall transmit forthwith to the City Clerk the Planning Commission's complete record of the case.

Within forty (40) calendar days following the receipt of a resolution from the Planning Commission recommending the adoption or denial of an amendment, or the filing of a written appeal from decision of the Commission denying an application for amendment, as provided in Section 9411.5, the City Council shall conduct at least one public hearing on the matter, public notice of which shall be given as provided in Section 9422-A of this Chapter.

The City Council shall, following the completion of said hearing or hearings, by motion or resolution, adopt findings and decisions within at least forty (40) days following the completion of said hearing and said motion or resolution shall recite among other things, the fact and reasons which in the opinion of the City Council make the approval or denial of the recommendation for the amendment or the denial of the application for the amendment necessary to carry out the general purposes of this Chapter.

Not later than ten (10) days following the adoption of the findings of the City Council as required by Section 9411.8, a copy of such findings shall be forwarded to the applicant and to the City Commission.

The City Council may, from time to time, adjourn said public hearing or continue the same as it deems necessary in its discretion for the purpose of taking evidence or adopting the amendment by ordinance, and except as otherwise provided in said Chapters 3 and 4 of Title 7 of the Government Code, such a zoning ordinance may be initiated and adopted as other ordinances are initiated and adopted.

Notwithstanding any provisions of this Part of the contrary, where an amendment has been requested by Resolution of the City Council, the decision of the City Planning Commission shall not be final, but shall be in the form of recommendation only to the City Council.