Calaveras County Municipal Code Ch. 17.38 Zoning Amendments

This chapter establishes procedures by which changes may be made to the text of this zoning code and to the zoning map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the general plan.

The procedures in this chapter shall apply to all proposals to change the text of this zoning code or to revise a zone or boundary line shown on the zoning map.

The planning commission shall act as the advisory body for all amendments to the zoning code and zoning map and provide recommendations to the board of supervisors. The board of supervisors shall act as the review authority, and after receiving recommendations from the Planning commission, may adopt, reject, or modify all amendments to the zoning code and zoning map.

An amendment to the zoning code or zoning map may be initiated by any qualified applicant identified in Section 17.27.020, Application Forms and Fees, by the planning director, or the board of supervisors or planning commission.

A. Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.27, Common Procedures. The planning department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the zoning code and zoning map may be processed concurrently with other applications.

B. Public Hearing and Notice. All amendments to the zoning code and zoning map shall be referred to the planning commission, which shall conduct at least one public hearing in accordance with Section 17.38.060.A, on any proposed amendment.

A. Planning Commission Hearing. Before submitting a recommendation report to the board of supervisors, the planning commission shall conduct at least one public hearing in accordance with Section 17.27.080, Conduct of Public Hearings.

B. Recommendation to Board of Supervisors. Following the public hearing, the planning commission shall make a written recommendation on the proposed amendment. A recommendation for approval shall be made by the affirmative vote of not less than three members of the planning commission. The planning commission's recommendation shall be transmitted to the board of supervisors.

1. Approval. If the planning commission has recommended approval of the proposed amendment, the board of supervisors is required to take final action pursuant to Section 17.38.070, Board of Supervisors Hearing and Action.

2. Denial. If the planning commission has recommended against the proposed amendment, the board of supervisors is not required to take any action unless an appeal is filed in accordance with Section 17.27.140, Appeals.

A. Board of Supervisors Hearing. After receiving the recommendation of approval from the planning commission or if an appeal has been filed on a recommendation of denial, the board of supervisors shall hold a hearing in accordance with Section 17.27.080, Conduct of Public Hearings. The notice for the hearing shall include a summary of the planning commission recommendation.

B. Board of Supervisors Action. After the conclusion of the hearing, the board of supervisors may approve, modify, or deny the proposed amendment. If the board proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed revision shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to board for adoption.

The planning commission shall not recommend, and the board of supervisors shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the general plan.