Chapter 16.62 — DEVELOPMENT CODE AND ZONING MAP AMENDMENTS

Chapter 16.62 - DEVELOPMENT CODE AND ZONING MAP AMENDMENTS

Notwithstanding the provisions of Section 16.58.020 of this Development Code, initiation of amendments to the zoning map or modification of the provisions of this Development Code shall be as follows:

A.

By resolution of intention of the City Council; or

B.

By resolution of intention of the Planning Commission; or

C.

By application by one or more property owners of property proposed for rezoning. Such application shall be filed as required by Section 16.58.020. Furthermore, the application shall explain the reason of public necessity, convenience, health, safety, or general welfare requiring such amendment.

D.

With respect to all applications which seek to increase density for residential development projects, including residential developments in the Planned Development district, a fiscal impact analysis shall be prepared as required by the City and paid for by the applicant. Further, this report shall include an analysis of the project's effect on the City's revenues, expenditures, service levels, capital improvement needs and project's ability to generate tax revenue.

(Ord. 112 § 18, 1998; Ord. 68 § 9.115.010, 1995)

A.

Upon the acceptance of a completed application or upon the adoption of a resolution as described in Section 16.62.010, the Community Development Director or his or her designee shall review the application for conformance with the provisions of this Development Code. The Director shall prepare a recommendation and forward the recommendation, application, or resolution and other relevant materials to the Planning Commission

secretary. The secretary shall schedule the matter for public hearing before the Planning Commission pursuant to the provisions of this Development Code.

B.

The Planning Commission shall hear and take action upon the application or resolution pursuant to the provisions of Chapter 16.58. The Commission may continue the hearing from time to time, and no additional notification shall be required.

C.

The Commission shall act by resolution to recommend approval, approval with modifications, or denial of the application or resolution.

D.

The Commission's resolution shall be filed with the City Clerk not more than five days following the Commission's final action.

(Ord. 68 § 9.115.020, 1995)

A.

Upon receipt of a Planning Commission resolution recommending denial of a zone change or amendment, the City Clerk shall place the Commission's resolution on an agenda of the City Council for consideration within twenty (20) days of the resolution filing. The Commission's decision will be considered final and no further action by the Council will be required unless, within ten (10) days after the item appears on the Council's agenda, an appeal is filed pursuant to Section 16.58.060 of this Development Code, or unless the City Council sets the matter for Council hearing. All such hearings shall be noticed and conducted as provided for in Chapter 16.58 of this Development Code.

B.

Upon receipt of the resolution of the Planning Commission recommending approval of a zone change or amendment, the City Clerk shall set the matter for hearing before the City Council as provided for in Chapter 16.58 of this Development Code.

C.

The City Council shall hear and take action upon the application or resolution pursuant to the provisions of Chapter 16.58 of this Development Code.

D.

The Council shall act to approve, conditionally approve, or deny the application for a zone change or amendment.

(Ord. 68 § 9.115.030, 1995)

The Planning Commission and City Council shall be required to make the following findings of fact before approving a zone change or Development Code amendment:

A.

That the proposed zone change is consistent with the goals, policies, and objectives of the General Plan; and

B.

That the proposed zone change will not adversely affect surrounding properties.

(Ord. 68 § 9.115.040, 1995)

No private application for an amendment to the Zoning Map of the City of Chino Hills (a "zone change") will be accepted unless accompanied by a development proposal for all or a portion of the area included in the Zoning Map amendment. A development proposal may include a Planned Development, a Tentative Tract Map, or a Site Plan approval.

(Ord. 68 § 9.115.050, 1995)

The City may initiate amendments to the Zoning Map as necessary to achieve conformance with the goals, policies, and objectives of the General Plan and the requirements of this Code. In the case of City-initiated Zoning Map amendments, no associated project is required.

(Ord. 68 § 9.115.060, 1995)