Chapter 130.63 — AMENDMENTS AND ZONE CHANGES

This Chapter provides for amendments to this Title by changing either its provisions or the zone designation applicable to a parcel(s) through the respective text amendment or zone change application process.

Sec. 130.63.020 - Ordinance Amendments and Zone Change Applications.

A.

The text amendment process may be initiated by one of the following:

1.

By application of the owner(s) of the property for which the text change is sought;

2.

Resolution of intention of the Board; or

3.

Resolution of intention of the Commission.

B.

A zone change application may be initiated by one of the following:

1.

The owner(s) of the property for which the zone change is sought;

2.

Resolution of intention of the Board; or

3.

Resolution of intention of the Commission.

C.

Following the filing of an application, or adoption of a resolution of intention of the Board or Commission as provided for in Subsections A or B above in this Section, and the completion of the application requirements, environmental review, and noticing procedures as provided for in Chapter 130.51 (General Application Procedures) in Article 5 (Planning Permit Procedures) of this Title, the Commission shall hold a public hearing on the request. The Commission shall make a report of its findings and a recommendation to the Board on the proposed text or zone change amendment.

D.

Where a zone change amendment to a higher density or intensity zone is being proposed, the Commission and the Board shall consider the criteria identified in General Plan Policy 2.2.5.3, including, but not limited to, consistency with the General Plan as to minimum parcel size or maximum density, availability of adequate infrastructure and support services for the increased land use demands, and compatibility with surrounding land uses.

E.

Following the hearing by the Commission, the Board shall hold a public hearing on the request. The Board may approve, modify, or disapprove the recommendation of the Commission, in part or in whole, provided the Board finds that the proposed text or zone change amendment is consistent with the General Plan. Any substantial modification to the proposed request made by the Board that was not previously considered by the Commission shall be referred back to the Commission for further findings and recommendation on that specific modification.

F.

A text or zone change amendment shall become effective on the 30th day following the adoption of an ordinance by the Board.

Sec. 130.63.030 - General Plan and Specific Plan Amendments.

Amendments to the General Plan or any adopted specific plan, hereinafter referred to as "Plan amendments", shall be processed in the same manner as amendments to this Title in compliance with California Government Code Section 65358, except that the Plan amendments, if approved by the Board, shall be adopted by resolution rather than ordinance. A Plan amendment shall become effective on the 30th day following the adoption of a resolution by the Board.

CHAPTER 130.65. - COVENANT OF EASEMENT

Sec. 130.65.010 - Applicability.

In compliance with California Government Code Section 65870 et seq., a Covenant of Easement in favor of the County, may be required to achieve the use goals of the County as a condition of approval by the review authority to provide for open space, emergency access, ingress and egress, landscaping, parking, or light and air access to provide for solar and wind energy generation.

Sec. 130.65.020 - Form of Covenant.

The form of the Covenant shall include the following, where applicable, subject to approval by County Counsel:

A.

A description of the real property that is subject to the easement and the real property to be benefited by the easement;

B.

The approval, permit, or designation granted, which relied upon or required the Covenant; and

C.

The purpose(s) of the easement.

Sec. 130.65.030 - Effect of the Covenant.

A Covenant of Easement shall become effective upon recordation in the County Recorder's Office, as executed by the owner(s) of the real property. Upon recordation:

A.

The Covenant shall act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property.

B.

The Covenant shall be enforceable by all successors-in-interest to the real property benefited by the Covenant in compliance with Civil Code Section 1104.

C.

Notice of the Covenant shall be imparted to all persons to the extent afforded by the recording laws of the State.

Sec. 130.65.040 - Release of Covenant.

A Covenant of Easement may be released by the Director acting as Zoning Administrator in compliance with Section

130.60.030 (Zoning Administrator) above in this Article, at the request of any person, whether or not that person has title to the real property, by the following process:

A.

A noticed public hearing shall be conducted in compliance with Subsection 130.51.051.C (Notice Requirements and Procedure) in Article 5 (Planning Permit Processing) of this Title.

B.

Prior to approving the request, findings shall be made that the Covenant on the property is no longer necessary to achieve the land use goals of the County.

C.

A notice of the release of the Covenant of Easement shall be recorded by the Director in the County Recorder's Office, in compliance with Section 130.54.020 (Effective Date of Permit Approvals) in Article 5 (Planning Permit Processing) of this Title.