§ 35.104

The purpose and intent of this Chapter is to provide procedures consistent with Government Code Section 65000 et seq. for:

A.

Amending the text and/or maps of the Comprehensive Plan.

B.

Amending the text of this Development Code as the County may deem reasonable, necessary, or desirable.

C.

Amending the zoning designation on properties where the change is warranted by consideration of location, surrounding development, and timing of development.

A.

Comprehensive Plan. An amendment to the Comprehensive Plan may include revisions to the text and/or maps of the Comprehensive Plan.

B.

Development Code. An amendment to this Development Code may modify or add a new standard, requirement, allowed use, or procedure applicable to land use or development that is located outside the Montecito Community Plan area and the Coastal Zone.

C.

Zoning Map. An Amendment to the County Zoning Map not including those portions that lie within the Montecito Community Plan area or within the Coastal Zone has the effect of rezoning property from one zone to another, including the addition or deletion of overlay zones.

D.

Compliance with Chapter. All applications for Amendments shall be initiated, filed, processed, considered, and acted upon in full compliance with this Chapter.

An Amendment may only be initiated in the following manner:

A.

Board. By the Board, which may include the approval of a resolution of intention by the Board;

B.

Commission. By the Commission, which may include the approval of a resolution of intention by the Commission;

C.

Director. By the Director; or

D.

Applicant. By an application by an authorized applicant as follows:

1.

Comprehensive Plan Amendment. An application to amend the text and/or maps of the Comprehensive Plan may be made by any person with a substantial interest in the proposed Amendment.

2.

Development Code Amendment. An application to amend the text of the Development Code may be made by any person with a substantial interest in the proposed Amendment.

3.

Zoning Map Amendment. Application by one or more persons owning property representing at least 50 percent of the assessed valuation of the property for which the zone classification change is sought.

A.

Application shall ensure consistency. Any application filed in compliance with this Chapter that is inconsistent with the use and/or density requirements of this Development Code, the County Zoning Map or the Comprehensive Plan, shall be accompanied by an application to make the project consistent.

B.

Contents of application. If initiated by a person other than the Board, Commission, or Director, an Amendment application shall be filed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

1.

Application shall include a Development Plan. Unless the Commission expressly waives the requirement, an application for a Zoning Map Amendment to rezone property to any of the zones listed below shall require the submittal of an application for either a Final or a Preliminary Development Plan in compliance with Section 35.82.080 (Development Plans) and Section 35.104.080 (Rezoning Requirements for Specific Zones) below.

a.

DR (Design Residential).

b.

MHP (Mobile Home Planned Development).

c.

MHS (Mobile Home Subdivision).

d.

PRD (Planned Residential Development).

e.

SLP (Small-lot Planned Development).

f.

C-V (Resort/visitor Serving Commercial).

g.

OT-R (Old Town Residential).

h.

PI (Professional and Institutional).

i.

M-RP (Industrial Research Park).

j.

M-1 (Light Industry).

k.

M-2 (General Industry).

l.

MU (Mixed Use).

m.

PU (Public Works Utilities).

n.

REC (Recreation).

o.

HWMF (Hazardous Waste Management Facility) overlay.

C.

Processing.

Application acceptance.

a.

Director review. After receipt of an application the Director shall review the application and determine whether to accept the application for processing or to refer the application to the Commission to determine whether to accept the application for processing.

(1)

The Director may refer any application to the Commission that the Director determines to be:

(a)

Inconsistent with the Comprehensive Plan and the inconsistency would not be resolved by approval of the amendment, or

(b)

Inconsistent with this Development Code and the inconsistency would not be resolved by approval of the amendment, or

(c)

Inconsistent with a recent Comprehensive Plan or Community Plan update, or

(d)

Precedent setting in nature, or

(e)

In conflict with any recent action by the Board, or

(f)

Likely to generate or has generated substantial public controversy, or

(g)

If the application involves an amendment to the Comprehensive Plan, that the application is not in the public interest as required by Government Code Section 65358(a).

(2)

The action of the Director to refer an application to the Commission is final and not subject to appeal.

(3)

If the Director refers the application to the Commission, then the Director shall provide a recommendation to the Commission as to whether the application should be accepted for processing.

b.

Commission review. Upon referral by the Director, the Commission shall hold at least one noticed public hearing on the application and may accept, or decline to accept, the application for processing. If the Commission declines to accept the application for processing, then the Commission shall refer the application to the Board for a final decision regarding whether to accept the application for processing.

(1)

The action of the Commission to refer an application to the Board is final and not subject to appeal.

(2)

If the Commission refers the application to the Board, then the Commission shall provide a recommendation to the Board as to whether the application should be accepted for processing.

c.

Board review. Upon referral by the Commission, the Board shall hold at least one noticed public hearing on the application and may accept, or decline to accept, the application for processing. The decision of the Board is final.

2.

Following acceptance of the application for processing, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3.

The Director may refer the application to the Subdivision/Development Review Committee and/or the Board of Architectural Review for review and recommendations to the Commission.

4.

In compliance with Government Code Section 65351, during the review of a Comprehensive Plan Amendment, the Department shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the Department deems appropriate.

5.

The Department shall also refer a proposed Comprehensive Plan Amendment to other agencies in compliance with Government Code Section 65352.

6.

Native American consultation required. Prior to the adoption of any Comprehensive Plan Amendment the Department, in compliance with Government Code Sections 65352.3 and 65352.4. shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to places, features, and

objects described in Public Resources Code Sections 5097.9 and 5097.993 that are located within the County's jurisdiction.

D.

Sites with valid Conditional Use Permit. If there is a valid and operational Conditional Use Permit associated with a proposed amendment to the text of the Development Code and/or the County Zoning Map and under the revised text or new zone the conditionally permitted use would become a permitted use, the Conditional Use Permit including the conditions of approval shall remain valid and in force unless altered or deleted in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

(Ord. No. 5192, § 26, 11-7-2023)

35.104.050 - Action on Amendments

A.

Comprehensive Plan Amendments.

1.

Commission hearing and action.

a.

The Commission shall hold at least one noticed public hearing on the proposed Amendment. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Sections 65090 and 65091, as applicable.

b.

At the conclusion of the hearing the Commission shall recommend approval, conditional approval or denial of the proposed Amendment. The Commission's recommendation shall be adopted and transmitted to the Board by resolution of the Commission carried by the affirmative vote of not less than a majority of the total membership of the Commission.

c.

The Commission shall adopt a resolution recommending approval or conditional approval of the Amendment only if the Commission first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments), below, and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

d.

In compliance with Government Code Section 65354.5, any interested party may file a written request for a hearing on the Amendment by the Board with the Clerk of the Board within the five days following the Commission adopting its recommendation. Notice of the time and place of the hearing shall be given and

the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Section 65090.

2.

Board hearing and action.

a.

Following the receipt of the Commission's recommendation or where a hearing has been requested in compliance with Subsection A.1.d, above, the Board shall hold at least one noticed public hearing on the proposed Amendment.

b.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Section 65090.

c.

The Board may approve, modify, or deny the recommendation of the Commission.

(1)

The Board shall adopt an Amendment by resolution which shall be adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(2)

Any substantial modification of the proposed Amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation.

(a)

The Commission shall not be required to hold a public hearing on the referral.

(b)

The failure of the Commission to report within the 45 calendar days following the referral, or within the time set by the Board, shall be deemed a recommendation for approval.

d.

The Board shall adopt a resolution approving or conditionally approving the Amendment only if the Board first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments) below.

B.

Development Code and Zoning Map Amendments.

Commission hearing and action.

a.

The Commission shall hold at least one noticed public hearing on the proposed Amendment. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Sections 65090 and 65091, as applicable.

b.

At the conclusion of the hearing the Commission shall recommend approval, conditional approval or denial of the proposed Amendment. The Commission's recommendation shall be adopted and transmitted to the Board by resolution of the Commission carried by the affirmative vote of not less than a majority of its total voting members.

c.

The Commission shall adopt a resolution recommending approval or conditional approval of the Amendment only if the Commission first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments), below, and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

d.

In compliance with Government Code Section 65855 the Commission's recommendation shall include the reasons for the recommendation, and the relationship of the proposed Amendment to the Comprehensive Plan and applicable Specific Plans.

2.

Board hearing and action.

a.

Following the receipt of the Commission's recommendation:

(1)

Development Code Amendments. The Board shall hold at least one noticed public hearing on the proposed Amendment.

(2)

Zoning Map Amendments. The Board shall hold at least one noticed public hearing on the proposed Amendment except that if the Commission recommends denial of the Zoning Map Amendment then the Board shall not be required to hold a public hearing or take any further action on the matter unless:

(a)

An aggrieved party appeals the action of the Commission in compliance with Chapter 35.102 (Appeals), or

(b)

An interested party requests a hearing by filing a written request with the Clerk of the Board within the five calendar days after the Commission files its recommendation with the Board.

b.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Section 65090.

c.

The Board may approve, modify or deny the recommendation of the Commission.

(1)

The Board shall adopt a Development Code or Zoning Map Amendment by ordinance which shall be adopted by the affirmative vote of not less than a majority of its total voting members.

(2)

Any substantial modification of the proposed Amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation.

(a)

The Commission shall not be required to hold a public hearing on the referral.

(b)

The failure of the Commission to report within the 40 calendar days after the referral, or within the time set by the Board, shall be deemed a recommendation for approval.

d.

The Board shall adopt a ordinance approving or conditionally approving the Amendment only if the Board first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments) and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

C.

Compliance with Measure A96 required.

1.

Vote required for onshore support facility for offshore oil and gas activity. Any legislative approval by the Board (e.g., Comprehensive Plan, Development Code or Zoning Map Amendment) which would authorize or allow the construction, development, installation, or expansion of any onshore support facility for offshore oil and gas activity on the South Coast of the County (from Point Arguello to the Ventura County

border) and outside the South Coast Consolidation Areas is subject to a vote by the voters of the County in a regular election in compliance with Section 35.52.020 (Voter Approval - Facilities on South Coast That Support Offshore Oil and Gas Activities).

2.

Measure A96 to terminate in 2021. This voter approval requirement was added to this Development Code in compliance with the Measure A96 voter approval initiative, passed by the voters of the County on March 26, 1996, is in effect for 25 years, terminating in 2021.

An application for an Amendment to the Comprehensive Plan, Development Code or Zoning Map may be approved only if the review authority first makes all of the following findings, as applicable to the type of Amendment.

A.

Findings for Comprehensive Plan, Development Code and Zoning Map Amendments.

1.

The request is in the interests of the general community welfare.

2.

The request is consistent with the Comprehensive Plan, the requirements of the State planning and zoning laws, and this Development Code.

3.

The request is consistent with good zoning and planning practices.

B.

Additional finding for Comprehensive Plan Amendments.

1.

If the request is for an amendment to the Comprehensive Plan, then the review authority shall also find that the request is deemed to be in the public interest.

A.

Comprehensive Plan, Development Code or Zoning Map. A Comprehensive Plan, Development Code or Zoning Map Amendment shall become effective on the 31st day following the adoption an ordinance or resolution, as applicable, by the Board.

The approval of a rezoning to apply one of the zones listed in this Section shall require compliance with the requirements of this Section applicable to the specific zone.

A.

AH overlay zone.

1.

Limitation on rezones. The AH overlay zone may be applied to property only in conjunction with the preparation and adoption of a Community Plan or together with a County initiated Amendment to the Comprehensive Plan.

2.

Designation of allowed number of units. The approval of a rezoning to the AH overlay zone shall include designation of the maximum density allowed on the site by the overlay.

3.

Findings required for rezoning. The approval of a rezoning to apply the AH overlay zone to property shall require that the Commission and Board first make all of the following findings in addition to those required in compliance with Section 35.104.060 (Findings Required for Approval of Amendment) above:

a.

The site is located within an Urban area as designated on the Comprehensive Plan maps.

b.

The site has a residential land use designation or would be appropriate for residential use if a Comprehensive Plan Amendment is being concurrently processed (e.g., underutilized commercial land surrounded by residential land or other compatible land use).

c.

The site has a primary zone that allows residential uses and requires a Development Plan for the use. This may also be achieved through a rezone.

d.

The site is served by a municipal sanitary district.

e.

The site is of adequate size and shape to allow the reasonable development of housing.

f.

The site is near major travel corridors or services.

g.

The site is within reasonable walking distance to transit lines, employment centers, schools, and commercial areas.

h.

Residential development can be sited to avoid major environmental hazards and/or constraints (e.g., airport noise and safety zones, archaeological resources, sensitive habitat areas, steep slopes and other geologic hazards, streams and creeks).

i.

Residential development of the site at the maximum density proposed is consistent with all applicable policies and provisions of the Comprehensive Plan.

B.

DR, MHP, OT-R, C-V, SC, PI, M-RP, M-1, M-2, MU, and PU zones. An application for a rezoning to the DR, MHP, OT-R, C-V, SC, PI, M-RP, M-1, M-2, MU, and PU zones shall include a Preliminary Development Plan or Final Development Plan in compliance with Section 35.82.080 (Development Plans) unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

C.

HWMF overlay zone. An application for a rezoning to the HWMF overlay zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) which shall include all of the site area, unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan shall be incorporated into the rezoning ordinance.

1.

Findings required for rezoning. The approval of a rezoning to apply the HWMF overlay zone to property shall require that the Commission and Board first make all of the following findings:

a.

There is a need for the off-site treatment, storage, or disposal hazardous waste management facility as determined in compliance with Policy 2-1 of the County's Hazardous Waste Element.

b.

The proposed facility is consistent with the siting criteria for off-site hazardous waste management facilities identified in the Hazardous Waste Element and the development standards identified in Section 35.28.140 (Hazardous Waste Management Facility (HWMF) Overlay Zone).

c.

A risk assessment has been prepared for the Development Plan which adequately evaluates the risks to human health and safety and the environment under both routine operations and upset conditions.

d.

The risks to human health and the environment have been minimized to the maximum extent feasible and the remaining risks are considered acceptable.

e.

The project will not create a financial burden for the County.

f.

The proposed facility operator has demonstrated financial responsibility for the operation, monitoring, closure, and post-closure of the subject facility.

D.

NTS zone. An application for a rezoning to the NTS zone shall include a Final Development Plan in compliance with Section 35.82.080 (Development Plans). An application to rezone to the NTS zone shall not be approved without concurrent approval of a Final Development Plan in compliance with Section 35.82.080 (Development Plans) and the requirements of this Subsection D.

1.

Applicability. This zone shall only be applied at the time application is made and lawfully considered to amend the Comprehensive Plan for purposes of applying the NTS land use designation. In no event may the NTS zone be applied to land located outside of the boundaries of the Official Map of Naples or lots that are contiguous to the boundaries of the Official Map which are owned by parties holding fee title to one or more of the Official Map lots, provided further that any such rezoning must be consistent with the intent of Coastal Land Use Plan Policy 2-13, and the agriculture and resource protection policies of the Comprehensive Plan including the Coastal Land Use Plan.

2.

Timing. A rezone in compliance with the Subsection to apply the NTS zone may occur when the owner of property within the Official Map requests reevaluation of the existing land use designation and zoning district in compliance with Coastal Land Use Policy 2-13.

3.

Application requirements. An application for a rezoning to the NTS zone shall, at a minimum, contain the following:

a.

Feasibility study. Consistent with Coastal Land Use Plan Policy 2-13 for land use designation on lots depicted on the Official Map, an application for a rezoning to the NTS zone for lots located within the

Official Map shall require the preparation of a feasibility study for transfer of development rights before or concurrently with the processing of a rezone application to apply the NTS zone.

(1)

Following the completion of a feasibility study for transfer of development rights for any or all of the lots comprising the Official Map, the requirements of Subsection D.3.a may be satisfied by preparing a new feasibility study, updating previous studies or otherwise demonstrating the continued adequacy of previous studies.

b.

Development Plan application. An application for a rezoning to the NTS zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) including all of the site area proposed for rezoning.

c.

Open Space and Habitat Management Plan. A preliminary Open Space and Habitat Management Plan in compliance with Subsection 35.26.060 shall be submitted in conjunction with an application to rezone to the Naples Town Site zone.

4.

Concurrent approval. An application for a rezoning to the NTS zone shall not be approved without concurrent approval of a Final Development Plan in compliance with Section 35.82.080 (Development Plans).

E.

PRD zone. An application for a rezoning to the PRD zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans), unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

1.

Minimum site area. A site shall be a minimum of 10 acres to be rezoned to the PRD zone, all of which shall be included in the Preliminary or Final Development Plan.

2.

Findings required for rezoning. The approval of a rezoning to apply the PRD zone to property shall require that the Commission and Board first make all of the following findings:

a.

That the property is of the type and character which is appropriate for a planned residential development in compliance with the specific purpose and intent stated within Subsection 35.23.020.F (Planned Residential Development).

b.

That the property is within an Urban area as designated on the Comprehensive Plan maps.

c.

That the overall estimated population density which will result upon full development of the property under the PRD zone in accordance with the Preliminary or Final Development Plan is appropriate for such area and will not have a detrimental effect upon surrounding areas nor exceed the capacity of service and utility facilities in such surrounding areas.

d.

The proposed development as shown on the Preliminary or Final Development Plan will be in conformance with the applicable policies of the Comprehensive Plan and this Development Code.

F.

SLP zone. An application for a rezoning to the SLP zone shall include a Preliminary Development Plan or Final Development Plan in compliance with Section 35.82.080 (Development Plans) unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

1.

Minimum site area. Rezoning to apply the SLP zone shall require that the site shall be a minimum of one acre provided that this minimum land area is adequate to meet the requirements of the SLP zone.

2.

Findings required for rezoning. The approval of a rezoning to apply the SLP zone to property shall require that the Commission and Board first make all of the following findings:

a.

That the proposed SLP development provides affordable housing opportunities, consistent with the stated purpose and intent of the SLP district.

b.

That the SLP is located within an Urban Area, as designated in the Comprehensive Plan, and within reasonable access to employment opportunities, public transportation, commercial centers, and schools.

G.

REC zone. An application for a rezoning to the REC zone shall include a Preliminary or Final Development Plan in compliance with Section 35.82.080 (Development Plans) which shall include all of the site area unless the Commission expressly waives the requirement. Upon approval by the Board of the rezoning and

Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

1.

Minimum site area. A site shall be a minimum of one acre to be rezoned to the REC zone, all of which shall be included in the Preliminary or Final Development Plan.

2.

Findings required for rezoning. Except for existing public or private outdoor recreation areas as designated on the Comprehensive Plan maps, the approval of a rezoning to apply the REC zone to property shall require that the Commission and Board first make all of the following findings:

a.

The level of facility development will be in conformance with the environmental carrying capacity of the area to be rezoned, (i.e., the proposed recreational activities are of the kind, intensity, and location to ensure protection of environmentally sensitive habitat resources).

b.

The proposal will conform with all applicable policies of the Comprehensive Plan, including the Parks, Recreational and Trails (non-motorized) maps.

c.

The proposed recreational activities are compatible with land uses on adjacent lots.

CHAPTER 35.106 - NOTICING AND PUBLIC HEARINGS