Chapter 872.6 — AMENDMENTS (GENERAL PLAN, ZONE MAP, AND ZONING ORDINANCE)

The purpose of this Chapter is to provide procedures for a:

• A. General Plan. General Plan amendment that may include revisions to, goals, policies, actions, land use designations, or text;

• B. Zone Map. Zone Map amendment that has the effect of rezoning property from one zone to another; and

• C. Zoning Ordinance Text. Zoning Ordinance Text amendment that may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the County.

• A. Compliance with Section. An amendment to the General Plan, the Zone Map, or this Zoning Ordinance shall be initiated in compliance with this Section.

• B. Who may initiate an amendment. An amendment may only be initiated by:

  1. Board. Either through specific direction to staff or by a Resolution of Intention;

  2. Commission. A Resolution of Intention by the Commission;

  3. Property owner. Filing with the Department a complete application for a:

  - a. General Plan amendment by an interested person; 
  
  - b. Zone Map amendment by the subject property owner(s); 
  
     - (1) A property owner(s) or authorized representative of an owner(s) may propose an amendment to change property from one zone to another by filing a verified petition application with the Department. 
  
     - (2) If the property is under multiple ownerships, the application shall be signed by owners of at least 60 percent of the area directly affected by the proposed amendment or their authorized agents. 
  
     - (3) The Commission shall prescribe the form in which applications for changes of zones are made, and shall prescribe the type of data and information to be
  

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provided by the petitioner to assist in determining the validity of the request.

  - (4) No application shall be accepted unless it is full and complete and complies with this Chapter. 

• c. Zoning Text Ordinance amendment by an interested person; and

4. Voter initiated amendments. Voter initiated amendments are not addressed by the Zoning Ordinance.

If initiated by a property owner(s), the amendment application shall comply with all of the following.

• A. Filing. An application for an amendment, together with the required fee in compliance with the Master Schedule of Fees, shall be filed with the Department in compliance with Chapter 838.5 (Application Filing, Processing, and Fees).

B. Contents.

1. The application shall be accompanied by detailed data/materials specified in the most up-to-date Department handout for amendment applications.

2. Additionally, the applicant may provide to the Director supplemental data and information as will assist the Director to make a recommendation to the applicable review authorities. This data may include:

   • a. Economic studies and surveys.

   • b. Traffic studies.

   • c. Population studies.

   • d. Other information deemed pertinent.

C. Project review procedures.

1. The Director shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

2. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter.

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D. Notice and hearings.

1. Public hearings shall be required for the Commission’s recommendation and the Board’s action on an amendment.

   • a. The Commission’s public hearing shall be set by the Director for not less than 15 or more than 40 days, or as soon as practicable based upon the hearing calendar, following the verification of the submitted application or after the adoption of a Resolution of Intention by the Commission or Board.

   • b. The Board’s public hearing shall be set by the Clerk of the Board for not less than 15 or more than 40 days, or as soon as practicable based upon the hearing calendar, following the filing of the Commission’s resolution with the Board.

2. The public hearings shall be scheduled once the Director has determined the application complete in compliance with Section 838.5.070 (Initial Application Review).

3. Notice of the public hearings shall be given and the hearings shall be conducted in compliance with 874.6 (Public Hearings).

4. Additional notice for a Zone Map amendment may be given by either one or both, of the following means:

   • a. Posting public notices of the proposed amendment not less than 10 days before the date of the hearing. The notices shall be posted on all streets located within 500 feet of the external boundaries of the subject property.

   • b. Mailing a notice not less than 10 days before the date of the hearing to owners of property located within a radius of 300 feet from the external boundaries of the property described in the application using for this purpose the last known name and address of the owners as shown on the latest adopted County tax roll.

• c. Any failure to post public notices or mail notices as specified in this Subsection shall not invalidate any proceedings taken for Zone Map amendments.

• E. Timing of General Plan amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358, or as this Section may be amended or replaced from time to time.

A. Commission’s action.

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1. Upon the completion of a public hearing, the Commission shall make a written recommendation to the Board on the proposed amendment whether to approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 872.6.060 (Findings and Decision), below.

2. Failure to so act within the 40 days shall serve to automatically and immediately refer the whole matter to the Board for the action as it deems warranted under the circumstances.

3. In the event of the failure on the part of the Commission to act, the Director shall immediately deliver to the Board all of the records of the matter involved.

B. Recommendation for approval of Zone Map or Zoning Ordinance amendments.

1. The recommendation for approval of any amendment shall be by resolution of the Commission carried by the affirmative votes of not less than a majority of its total membership.

2. A resolution for recommendation which receives a majority vote of the members present and voting but not a majority vote of the total voting members of the Commission may, with the consent of the applicant, if any, and by majority vote of the members present be continued until the next regular or special meeting of the Commission; however, if the majority of the members present do not vote to continue the matter or the applicant does not consent thereto, then the action shall constitute denial of the request.

3. A resolution for approval of any amendment which fails to carry by reason of no votes of a majority of the members present shall be deemed a denial of the request.

C. Recommendation for approval of General Plan amendments.

1. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65354.

2. A recommendation for approval or approval in modified form is advisory and a hearing shall automatically be scheduled before the Board for final action.

D. Denial by Commission on any amendment.

1. The Commission’s decision against any proposed amendment shall require only a majority vote in compliance with Government Code Sections 65354 and 65855.

2. The Commission’s decision shall be final, unless appealed to the Board within 15 days following its decision in compliance with Subsection G. (Initiation of appeal), below, and Chapter 876.6 (Appeals).

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E. Formal resolution.

1. The Commission shall announce and record its action by formal resolution.

2. The resolution shall be filed with the Board.

• F. Notice of the Commission’s decision. No later than 10 days following final action by the Commission, notice of the decision shall be mailed to the applicant at the address shown on the application.

• G. Initiation of appeal.

Appeals shall be subject to the provisions of Chapter 876.6 -Appeals and may be initiated by the applicant, an interested party, the Director, or by any member of the Board.

• A. Action of Board. Upon receipt of the Commission’s recommendation, the Board may approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 872.6.060 (Findings and Decision), below.

• B. Referral to Commission.

  1. Any change(s) to the amendment that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zone Map and Zoning Ordinance amendments]).

  2. An additional Commission hearing is unnecessary and shall be optional.

  3. Failure of the Commission to report within 40 days (General Plan amendments) or 45 days (Zone Map and Zoning Ordinance amendments) after the referral, or a longer period set by the Board, shall be deemed a recommendation for the approval of the change(s).

• C. Decision to approve or deny amendment. Upon receipt of the Commission’s recommendation on a General Plan, Zone Map, or Zoning Ordinance amendment, the Board shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 872.6.060 (Findings and Decision), below.

• D. Board’s decision and follow-up.

  1. The decision shall be made within 15 days following the close of the hearing.

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2. A copy of the decision shall be mailed to the applicant at the address shown on the application.

• A. Findings for General Plan amendments. An amendment to the General Plan may be approved only if all of the following findings are first made:

  1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan;

  2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the County; and

  3. If applicable, the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, Sheriff protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

• B. Findings for Zone Map and Zoning Ordinance amendments. An amendment to the Zone Map or Zoning Ordinance may be approved only if the review authority first makes the following findings, as applicable to the type of amendment.

1. Findings required for all Zone Map and Zoning Ordinance amendments:

• a. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; and

• b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the County.

2. Additional finding for Zone Map amendments.

In addition to the findings specified in Subparagraph B.1. (Findings Required for all Zone Map and Zoning Ordinance amendments), above, the following additional finding shall be made for all Zone Map amendments:

If applicable, the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, Sheriff protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the

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requested zoning designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

3. Additional finding for Zoning Ordinance amendments.

In addition to the findings specified in Subparagraph B.1. (Findings Required for all Zone Map and Zoning Ordinance amendments), above, the following additional finding shall be made for all Zoning Ordinance amendments:

The proposed amendment is internally consistent with other applicable provisions of this Zoning Ordinance.

• C. Failure to make findings in an affirmative manner. The review authority shall deny the amendment when it fails to make any one or more of the required findings in an affirmative manner.

• A. General Plan amendments. Upon the adoption of a resolution by the Board, a General Plan amendment shall become effective after the 30-day period for referendum has elapsed.

• B. Zone Map and Zoning Ordinance amendments. A Zone Map or Zoning Ordinance amendment shall become effective on the 31[st] day following the date the ordinance is adopted by the Board.

Appeals of Board actions, if any, to a court of competent jurisdiction shall be made in compliance with Government Code Section 65009(c) following the final decision by the Board.

A. Board may impose conditions.

1. The Board may impose conditions to the zoning reclassification of property, to be given an appropriate designation on the Zone Map, where the conditions are essential to:

   • a. Protect the community from potentially deleterious effects of certain uses allowed in the proposed zone; or

   • b. Where the conditions are required to adjust the proposed use to the community’s need for facilities to meet the public service demands created by the proposed development.

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2. If conditions to zoning are imposed, a Site Plan Review shall be required before development, in compliance with Chapter 854.5 (Site Plan Review).

• B. Acceptable conditions. Conditions considered within the scope of this Section are those related to:

  1. Access, circulation, and parking.

  2. Street dedication where allowed uses of the proposed zone substantially contribute to the requirement.

  3. Street improvement where allowed uses of the proposed zone substantially contribute to the requirement.

  4. Parcel coverage, structure height and bulk, and population density.

  5. Special yards, spaces, and buffers including fences and walls.

  6. Landscaping.

  7. Noise, lighting, odors, and vibration.

  8. Outdoor advertising.

  9. Limitations and prohibitions on the number and type of uses allowed subject to the provisions of Subsection D. (Use related conditions), below.

  10. Other elements as may require regulation in order to conform with the intent and purpose of this Zoning Ordinance.

• C. Unacceptable conditions. Conditions outside the scope of this Section are those related to:

  1. Time limits within which uses shall be developed or reversion to original zoning.

  2. Any provision for automatic reversion to a preceding zone classification.

  3. Termination of nonconforming uses.

• D. Use related conditions. Conditions to prohibit uses or to limit the number and type of uses in compliance with Subparagraph B.9., above shall be subject to the following provisions.

  1. The conditions shall not be imposed without the consent of the property owner(s) or the authorized representative(s) of the property owner(s), unless the conditions are necessary to achieve consistency with the General Plan.

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2. The Board, when imposing the conditions, shall specifically identify the uses to be prohibited or limited.

3. The Board shall also make a finding that the conditions are essential to protect the community and nearby properties from adverse impacts which could result from the development of the uses.

• A. Adoption of underlying zone. An overlying zone may be adopted concurrently or subsequent to adoption of the underlying zone.

• B. Creation of additional series of zones. When coupled with the underlying zones, overlying zones actually create an additional series of zones. They do not constitute conditional zoning; however, conditions of zoning may be applied as with any other zone.

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Public Hearings