Pico Rivera City Zoning Code
CHAPTER 18
62 AMENDMENTS AND ZONE RECLASSIFICATION
§ 18.62.010 Chapter intent and purpose.
The intent and purpose of this chapter is to establish and set forth provisions and regulations for amending the general plan and zoning code, and for the zone reclassification of property and uses therein.
(Prior code § 9214.01)
§ 18.62.020 Permitted when-Method.
Whenever public necessity, convenience and general welfare require changes in or modifications of the general plan or any element, part or portion thereof, such changes or modifications shall only be made in the form of an amendment thereto as hereinafter provided in this article.
(Prior code § 9214.02)
§ 18.62.030 Statutory and city council authority.
Pursuant to the provisions of Articles 5 and 6, Chapter 3, Division 1, Title 7 of the Government Code of the state, the city council shall have and be vested with the power and authority, subject to the provisions of this article, to amend the general plan or any element, part or portion thereof.
(Prior code § 9214.02(A))
§ 18.62.040 Statement of environmental impact.
The community and economic development director, prior to accepting an application for or the initiation of an amendment to the general plan, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the City Council which are currently in effect and as may hereafter be amended.
(Prior code § 9214.02(B); Ord. 1116 § 6, 2018)
§ 18.62.050 Initiation of amendments.
Amendments to the general plan may be initiated by motion of the city council, planning commission, or the community and economic development director.
(Prior code § 9214.02 (C); Ord. 1116 § 7, 2018)
§ 18.62.060 Public hearing-Required.
The planning commission shall hold a public hearing on any amendments to the general plan initiated under Section 18.62.050.
(Prior code § 9214.02(D); Ord. 1116 § 8, 2018)
§ 18.62.070 Public hearing-Notice, conduct and decisions.
The Planning Commission shall hold a public hearing conducted in the following manner:
A.
Notice of Hearing. Notice of the time, date and place of the public hearing shall be given in the following manner:
1.
By at least one publication in a newspaper of general circulation within the city in an edition published therefor not less than ten days prior to the date set for said public hearing;
2.
By the posting of a notice of public hearing in a conspicuous place in City Hall, not less than ten days prior to the date set for the public hearing.
B.
Form, Wording and Content of Notices. The form, wording and content of notices for public hearings shall consist of the words "NOTICE OF PROPOSED GENERAL PLAN AMENDMENT," and shall set forth the day of the week, date, place or exact location, time, file number or other identification, name of initiator, description of the matter under consideration, exact legal description of the property, and the address or general location thereof, relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the city planner.
C.
Investigations. The planning commission shall cause to be made by its own members and the director of planning, such investigations of facts bearing upon the proposed amendment that will assure appropriate disposition thereof consistent with the goals, provisions, objectives, spirit and integrity of the general plan. The director of planning shall prepare and transmit a written report, based upon an examination and review of the proposal and other written investigations, to the planning commission not less than five days prior to the date set for public hearing.
D.
Findings by Planning Commission. The planning commission, upon hearing all testimony, upon examination and review of the investigations and report of the director of planning, upon ascertaining all other pertinent facts relative thereto, and upon conclusion of the public hearing shall make such determinations and findings of fact as deemed necessary.
E.
Announcement of Planning Commission Findings and Decisions. The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. Such resolution shall recite and set forth, among other matters, the findings of fact, reasons and determinations which, in the opinion of the planning commission, make approval, conditional approval or denial of the proposed amendment considered necessary to carry out the general purpose and provisions of the general plan, and shall recommend the approval, conditional approval, or denial of same. The planning commission, not more than ten days after concluding its action shall transmit a copy of such resolution to the city council.
F.
Council Hearing on Planning Commission Resolution. The city council, upon receipt of the resolution from the planning commission, shall commence to hold a public hearing thereon, conducted in the same manner as required for the planning commission and as set forth in this section.
G.
Reference to Planning Commission of Adverse Decision by City Council. During its course of deliberations on the resolution, should the city council decisions be in any way contrary to the actions and recommendations of the planning commission, the city council shall, prior to rendering any final action thereon, refer its findings and determinations to the planning commission requesting further review, examination, reconsideration and report by the planning commission on the matter. Should the planning commission fail to file its report with the city council within forty days after reference thereto, it shall be deemed that the planning commission has approved such reference, and the city council shall render appropriate action thereafter.
H.
Announcement of Findings, Notice, Finality and Decisions of the City Council. The city council shall announce its findings and decisions by formal written resolution within forty days after conclusion of its public hearing, or upon receipt of a planning commission report on the matter of referral thereto. The resolution shall recite and set forth, among other matters, findings of fact, reasons, and determinations which, in the opinion of the city council, make approval, conditional approval or denial of the proposed amendment considered necessary to carry out the general purpose and provisions of the general plan, and shall approve, conditionally approve or deny same. The city council, not more than ten days after concluding its action, shall transmit a copy of such resolution to the planning commission, and the actions and decisions of the City Council shall be final and conclusive.
(Prior code § 9214.02(E); Ord. 765 §§ 62, 63, 1989; Ord. 1116 § 9, 2018)
§ 18.62.080 Permitted when-Method.
Whenever it is deemed essential, or public necessity, convenience and general welfare require changes in or modifications of the text or provisions of this title or any part or portion thereto, such changes or modifications shall only be made in the form of an amendment by ordinance of the city council adding to or repealing the zoning code, or any part or portion thereof, as provided in this article.
(Prior code § 9214.03)
§ 18.62.090 Statutory and city council authority.
Pursuant to the provisions of Article 2, Chapter 4, Division 1, Title 7 of the Government Code of the state, the city council shall have and be vested with the power and authority, subject to the provisions of this article, to amend the text or provisions of the zoning code or any part or portion thereof.
(Prior code § 9214.03(A))
§ 18.62.100 Statement of environmental impact.
The community and economic development director shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect and as may hereafter be amended.
(Prior code § 9214.03(B); Ord. 1116 § 10, 2018)
§ 18.62.110 Initiation procedures.
Amendments to the zoning code may be initiated by the city council, planning commission, or the community and economic development director shall initiate amendments to the zoning code.
(Prior code § 9214.03(C); Ord. 1116 § 11, 2018)
§ 18.62.120 Public hearing-Required.
The planning commission shall hold a public hearing on any amendment to the zoning code initiated under Section 18.62.110.
(Prior code § 9214.03(D); Ord. 1116 § 12, 2018)
§ 18.62.130 Public hearing-Notice, conduct and decisions.
The planning commission, upon its own motion, shall commence to hold a public hearing for a proposed amendment, conducted in the following manner:
A.
Notice of Hearing. Notice of time, date and place of the public hearing shall be given in the following manner:
1.
By at least one publication in a newspaper of general circulation within the city in an edition published therefor not less than ten days prior to the date set for such public hearing; and
2.
By the posting of a notice of public hearing in a conspicuous place in City Hall not less than ten days prior to the date set for said public hearing.
B.
Form, Wording and Content of Notices. The form, wording and content of notices for public hearings shall consist of the words "NOTICE OF PROPOSED ZONING CODE AMENDMENT," and shall set forth the day of the week, date, place or exact location, time, file number or other identification, name of the applicant or initiator, description of the matter under consideration, exact legal description of the property and the address or general location thereof, relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the city planner.
C.
Investigations. The planning commission shall cause to be made by its own members and the director of building and planning, such investigations of facts bearing upon the proposed amendment that will assure appropriate disposition thereof consistent with the goals, provisions, objectives, spirit and integrity of the zoning code. The director of building and planning shall prepare and transmit a written report, based upon an examination and review of the proposal and other written investigations, to the planning commission not less than five days prior to the date set for public hearing.
D.
Findings by Planning Commission. The planning commission, upon hearing all testimony, upon examination and review of the investigations and report of the director of building and planning, upon ascertaining all other pertinent facts relative thereto, and upon conclusion of the public hearing, shall make such determinations and findings of fact as deemed necessary in the best interests of the city which bear on the disposition of the proposed amendment.
E.
Announcement of Planning Commission Findings and Decisions. The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. Such resolution shall recite and set forth, among other matters, the findings of fact, reasons and determinations which, in the opinion of the planning commission, make approval, conditional approval or denial of the proposed amendment considered necessary to carry out the general purpose and provisions of the zoning code, and shall recommend the approval, conditional approval or denial of same. The planning commission, not more than ten days after concluding its action shall transmit a copy of the resolution to the city council.
F.
Council Hearing on Planning Commission Resolution. The city council, upon receipt of the resolution from the planning commission, shall commence to hold a public hearing thereon, conducted in the same manner as required for the planning commission and as hereinabove set forth in Sections 18.62.130 through 18.62.150.
G.
Reference to Planning Commission of Adverse Decision by City Council. During its course of deliberations on the resolution, the city council may approve, modify or disapprove the recommendations of the planning commission, provided that for any modification not previously considered by the planning commission during its hearings, the city council shall, prior to rendering any final action thereon, refer its findings and determinations to the planning commission requesting further review, examination, reconsideration and report by the planning commission on the matter. Should the planning commission fail to file its report with the city council within forty days after reference thereto, it shall be deemed that the planning commission has approved said reference and the city council shall render appropriate action thereafter.
H.
Announcement of Findings, Notice, Finality and Decisions of City Council. The city council shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing, or upon receipt of a planning commission report on the matter of referral thereto. Such resolution shall recite and set forth, among other matters, findings of fact, reasons and determinations which, in the opinion of the city council, make approval, conditional approval or denial of the proposed amendment considered necessary to carry out the general purpose and provisions of the zoning code and general plan, and shall approve, conditionally approve, or deny same. The city council, not more than ten days after concluding its action, shall transmit a copy of said resolution to the planning commission and applicant, as the case may be, and the actions and decisions of the city council shall be final and conclusive.
(Prior code § 9214.03(E)(1)—(9); Ord. 765 §§ 64, 65, 1989; Ord. 1116 § 13, 2018)
§ 18.62.140 Ordinances enacting amendments.
Whenever the city council approved an amendment to the zoning code by the adoption of a resolution to that effect, it shall forthwith adopt an ordinance enacting such amendment, and the amendment shall not take effect until thirty days after final reading and adoption of the ordinance.
(Prior code § 9214.03(E)(10))
§ 18.62.150 Notation of amendments in code.
Upon the adoption of any amendment to the zoning code, appropriate notations of such adoption shall be made in the various volumes of the zoning code pursuant to the provisions of Chapter 18.66 of this code.
(Prior code § 9214.03(E)(11))
§ 18.62.160 Amendment by ordinance required.
Whenever the owner of property is desirous of, or whenever it is deemed essential, or public necessity, convenience and general welfare require a change or modification of the boundaries of any zone classification as established in Chapters 18.10 through 18.38 of this title, and/or set forth on the Official Zone Map, such change or modification shall only be in the form of an amendment by ordinance to this title, and the Official Zone Map, as provided in this article.
(Prior code § 9214.04)
§ 18.62.170 Criteria and conditions-Statutory authority.
Authorization and criteria for qualification for zone reclassification shall be as follows:
A.
Authorization. Pursuant to the provisions of Articles 1 and 2, Chapter 4, Division 1, Title 7 of the Government Code of the state, the city council shall have and be vested with the power and authority, subject to the provisions of this article, to change or modify the boundaries of any zone classification by amending the provisions of the zoning code and the Official Zone Map, as provided for in Chapter 18.66 of this title.
B.
Criteria for Qualification. Prior to the adoption of any ordinance changing or modifying any zone classification, it shall first be found and determined that a zone reclassification is fully consistent with the provisions of the general plan. In the event a proposed zone reclassification is inconsistent with the provisions of the general plan, no ordinance shall be adopted enacting such zone reclassification unless and/or until the zone reclassification proposal has been modified so that it is consistent with the general plan, or the general plan has been amended so that the proposed zone reclassification is consistent therewith. In the event the zoning reclassification is not modified nor the general plan amended to provide consistency with one another, no zone reclassification shall take place.
(Prior code § 9214.04(A))
§ 18.62.180 Statement of environmental impact.
The community and economic development director, prior to accepting an application for or the initiation of a zone reclassification, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect and as may hereafter be amended.
(Prior code § 9214.04(B); Ord. 1116 § 14, 2018)
§ 18.62.190 Initiation-Methods and conditions.
Zone reclassifications may be initiated by the city council, planning commission, the community and economic development director, or by any property owner upon filing a verified application. Any zone reclassification initiated by the city council, planning commission, or community and economic development director shall not be subject to an application and related fees, but shall be subject to all other requirements as hereinafter provided.
(Prior code § 9214.04(C); Ord. 1116 § 15, 2018)
§ 18.62.200 Application and fees.
Any owner of property may file with the community and economic development director an application for zone reclassification, verified by such owner on forms prescribed by the community and economic development director, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include any information as the community and economic development director may require.
(Prior code § 9214.04(D); Ord. 765 § 66, 1989; Ord. 1116 § 16, 2018)
§ 18.62.210 Transmittal to planning commission.
Upon the filing of a verified application, or upon the initiation by the city council, planning commission, or the community and economic development director, the application or initiation shall be transmitted to the planning commission and the planning commission shall hold a public hearing on such application or initiation.
(Prior code § 9214.04(E); Ord. 1116 § 17, 2018)
§ 18.62.220 Public hearing-Required.
§ 18.62.230 Public hearing-Notice, conduct and decisions.
A.
Notice. Notice of time, date, and place of the public hearing shall be given in the following manner:
1.
By at least one publication in a newspaper of general circulation within the city in an edition published therefor not less than ten days prior to the date set for the public hearing; and
2.
By the mailing of such notice of public hearing not less than ten days prior to the date set for such hearing to the owner, applicant, lessee and/or other persons having a vested interest therein, and to all owners of property within a radius of three hundred feet measured from the external boundaries of the property described in said notice of which such owners of property appear on copies of the equalized assessment roll of the Los Angeles County on file in the office of the county assessor. Any error in the copy of the assessment roll shall not invalidate any act of the planning commission or city council, as the case may be. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand, the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
B.
Form, Wording and Contents of Notice. The form, wording and content of notices for public hearings shall consist of the words "NOTICE OF PROPOSED ZONE RECLASSIFICATION," and shall set forth the day of the week, date, place or exact location, time, file number or other identification, name of the applicant or initiator, description of the matter under consideration, exact legal description of the property, and the address or general location thereof, relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the city planner.
C.
Investigations. The planning commission shall cause to be made by its own members and the director of building and planning, such investigations of facts bearing upon the proposed zone reclassification that will assure appropriate disposition thereof consistent with the goals, provisions, objectives, spirit and integrity of the zoning code and general plan. The director of building and planning shall prepare and transmit a written report, based upon an examination and review of the proposal and other written investigations, to the planning commission, and to the applicant or owner in the case of an application, not less than five days prior to the date set for public hearing.
D.
Findings by Planning Commission. The planning commission, upon hearing all testimony, upon examination and review of the investigations and report of the director of building and planning and application, as the case may be, upon ascertaining all other pertinent facts relative thereto, and upon conclusion of the public hearing, shall make such determinations and findings of fact as deemed necessary in the best interests of all parties concerned and which bear on the disposition of the proposed zone reclassification.
E.
Announcement of Planning Commission Findings and Decisions. The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. The resolution shall recite and set forth, among other matters, the findings of fact, reasons and determinations which, in the opinion of the planning commission, make approval, conditional approval or denial of the proposed zone reclassification considered necessary to carry out the general purpose and provisions of the zoning code and general plan, and shall recommend the approval, conditional approval, or denial of same. The planning commission, not more than ten days after concluding its action, shall transmit a copy of the resolution to the city council and applicant, as the case may be.
F.
Council Hearing on Planning Commission Resolution. The city council, upon receipt of the resolution from the planning commission, shall commence to hold a public hearing thereon, conducted in the same manner as required for the planning commission and as hereinabove set forth in Sections 18.62.220 through 18.62.250.
G.
Reference to Planning Commission of Adverse Decision by City Council. During its course of deliberations on the resolution, the city council may approve, modify or disapprove the recommendations of the planning commission, provided that for any modification not previously considered by the planning commission during its hearings, the city council shall, prior to rendering any final action thereon, refer its findings and determinations to the planning commission requesting further review, examination, reconsideration, and report by the planning commission on the matter. Should the planning commission fail to file its report with the city council within forty days after reference thereto, it shall be deemed that the planning commission has approved said reference and the city council shall render appropriate action thereafter.
H.
Announcement of Findings, Notice, Finality and Decisions of the City Council. The city council shall announce its findings and decisions by formal written resolution within forty days after conclusion of its public hearing, or after receipt of a planning commission report on the matter of referral thereto. The resolution shall recite and set forth, among other matters, findings of fact, reasons and determinations which, in the opinion of the city council, may make approval, conditional approval or denial of the proposed zone reclassification considered necessary to carry out the general purpose and provisions of the zoning code and general plan, and shall approve, conditionally approve, or deny same. The city council, not more than ten days after concluding its action, shall transmit a copy of the resolution to the planning commission and applicant, as the case may be, and the actions and decisions of the city council shall be final and conclusive.
(Prior code § 9214.04(F)(1)—(9); Ord. 765 §§ 67, 68, 1989; Ord. 1116 § 18, 2018; Ord. 1186, 7/9/2024)
§ 18.62.240 Enacting ordinance required.
Whenever the city council adopts a resolution approving a zone reclassification, it shall commence to adopt an ordinance enacting such reclassification. In the event the resolution conditionally approves the reclassification, final reading and adoption of the ordinance shall be withheld until the conditions of approval as set forth in the resolution have been complied with, and failure to comply with such conditions within six months after the first reading of the enacting ordinance shall automatically terminate the zone reclassification proceedings. In any event, no zone reclassification shall become effective until thirty days after final reading and adoption of the enacting ordinance.
(Prior code § 9214.04(F)(10))
§ 18.62.250 Notations in code and on zoning map.
Upon the adoption of any ordinance enacting a zone reclassification, such ordinance shall include and set forth provisions for amending the zoning code and Official Zone Map, and appropriate notations of such adoption shall be made in the various volumes of the zoning code pursuant to the provisions of Chapter 18.66 of this title.
(Prior code § 9214.04(F)(11))