Del Norte County Municipal Code Ch. 21 50B — California Coastal Zone Entitlement Procedures--Zoning Amendments

21.50B.10 Definition 21.50B.20 General Plan Consistency 21.50B.30 Application Review 21.50B.40 Notification 21.50B.50 Hearings 21.50B.60 Local Coastal Program Amendments; LCP Zoning Amendments 21.50B Table A - Coastal Element Land Use Plan And Zoning Consistency

A zoning amendment is an amendment to Chapters 21.02 through 21.60 to establish or change zoning district text, district boundaries or any other provisions thereof whenever the public necessity, convenience and/or general welfare require such an amendment.

(Ord. 83-03 (part), 1983)

Chapters 21.02 through 21.60 and any amendment thereto shall be consistent with the County's General Plan. Within the California coastal zone consistency of zoning with the General Plan Coastal Element shall be as set forth in Table A, following this chapter.

(Ord. 83-03 (part), 1983)

1. Application for a zoning amendment shall be made to the county planning office on a form provided by said office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed, signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plat map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as may be requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee as prescribed in the current fee schedule resolution of the board of supervisors.

2. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

   2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

3. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission hearing and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, any applicable regulations and/or policies, any responses to comments submitted regarding the project and a recommendation for findings and/or conditions, if any.

(Ord. 83-03 (part), 1983)

1. The county shall provide notice of pending application for a zoning amendment which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the applicant.

   3. The number assigned to the application.

   4. A description of the development and its proposed location.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

2. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for the project of for coastal decisions within the county's coastal zone and to the Coastal Commission; and

   2. First-class mail to all property owners within three hundred feet of the perimeter of the parcel on which the development is proposed except that when notice would be sent to greater than one thousand owners alternative notice in a newspaper of general circulation pursuant to Government Code Section 65854.5 may be utilized; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

3. For the purposes of this section:

   1. "Property owner" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such a request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(Ord. 83-03 (part), 1983)

1. Zoning amendments shall be heard by the planning commission at the date, time and place set forth in the required public notice.

2. Following the public hearing for a zoning amendment the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific finding, including General Plan conformance and setting forth the commission's recommendation including any conditions or changes.

3. The board of supervisors, upon receipt of a commission report for a zoning amendment, shall set the matter for a public hearing and shall give notice thereof as set forth in Section 21.50B.40. The board may approve, modify or disapprove any recommendation of the commission. Any modification of the proposed ordinance or amendment shall be referred back to the commission for a report and recommendation. The board also may, by resolution, abandon any proceedings for an amendment initiated by its own action, provided that such abandonment may be made only when such proceedings are before such body at a hearing for which required notice has been given.

(Ord. 83-03 (part), 1983)

1. Zoning amendments within the California coastal zone shall constitute an amendment to the Local Coastal Program except where:

   1. The amendment deals solely with the issue of the establishment or removal of the MH-1 and MH2 (mobilehome) combining district zone, or

   2. The amendment consists of an interchange between the RR-1 (rural residential) and RRA-1 (high density rural residential agriculture) district zones for the provision for or control of agricultural animals.

2. A textual amendment to Chapters 21.02 through 21.60 shall be an amendment of the Local Coastal Program and, if approval is recommended by the county upon completion of local review, shall be submitted as such to the California Coastal Commission for review.

3. Any zoning map amendment involving the application or removal of Chapters 21.37 through 21.39 (flood zone combining districts), Chapter 21.35 (coastal area combining district), or the removal of Chapter 21.11A (designated resource conservation area) shall be considered a major amendment of the local coastal program and, if approval is recommended by the county upon completion of local review, shall be submitted as such to the California Coastal Commission for review. A rezoning from RCA-1 to RCA-2 pursuant to Section 21.11.60 shall be considered a minor amendment and shall be submitted as such to the California Coastal Commission.

4. Except as provided in subsections A through C of this section, a zoning map amendment where the zoning district use and density are consistent with the certified land use plan and density as set forth in Table A herein shall be considered a minor amendment of the Local Coastal Program and, if approval is recommended by the county upon completion of local review, shall be submitted as such to the California Coastal Commission for review.

5. No local coastal program zoning amendment shall take effect until it has been certified by the California Coastal Commission.

(Ord. 86-04 (part), 1986: (Ord. 83-03 (part), 1983)

21.50B Table A - Coastal Element Land Use Plan And Zoning Consistency

Table A is not available for viewing within this application, please click the ordinance number below to download from the document library.

(Ord. 2021-001 § 8, 2021)