Humboldt County Municipal Code § 50.7 Processing of Proposed Amendments

The Community Development Services Department shall process an application for amendment as follows:

The Department shall process the application for amendment through the

project review process in accordance with Sections 65800 through 65863.9 of the California Government Code, Sections 21000 through 21177 of the California Public Resources Code and Sections 15000 through 15387 of Title 14 of the California Code of Regulations, or any successor provisions to the statutes and regulations listed in this subsection. (Former Section INL#317-4, 317-5(b), 317-5(c); CZ#A316-6(A); Ord. 894, Sec. 1, 12/19/72; Ord. 1107, Sec. 1, 11/9/76; Amended by Ord. 1251, Sec. 1, 8/15/78; Amended by Ord. 2214, 6/6/00)

the application for amendment. Notice shall be given pursuant to Sections 65090 through 65094 and in accordance with Section 65854 of the California Government Code. (Former Section INL#317-4, 317-5(a), 317-5(b); CZ#A316-6(B); Ord. 894, Sec. 1, 12/19/72; Ord. 1107, Sec. 1, 11/9/76; Amended by Ord. 1251, Sec. 1, 8/15/78)

receive pertinent evidence relating to the following: (Former Section INL#317-6(a)(1); Amended by Ord. 2214, 6/6/00)

INL#317-6(a)(1); Amended by Ord. 2214, 6/6/00)

(Former Section

INL#317-6(a)(2); Amended by Ord. 2214, 6/6/00)

conformity with the policies of Chapter 3 (commencing with Section 30200) of the Coastal Act. (Ord. 2214, 6/6/2000)

period. (Former Section INL#317-7; Ord. 1007, Sec. 1, 11/9/76))

recommendation on the application for amendment to the Board of Supervisors. Failure of the Planning Commission to make a recommendation within thirty (30) working days after the conclusion of the hearing, shall be deemed to be a recommendation for denial of the application for amendment. (Former Section INL#317-7; CZ#A316-6(C); Ord. 894, Sec. 1, 12/19/72; Ord. 1107, Sec. 1, 11/9/76; Amended by Ord. 1251, Sec. 1, 8/15/78; Amended by Ord. 2214, 6/6/00)

Upon receipt of the Planning Commission’s recommendation, the Board of Supervisors

shall schedule a duly noticed public hearing on the proposed amendment. Notice shall be given pursuant to

Sections 65090 through 65094 of the California Government Code. (Former Section INL#317-8; CZ#A316- 6(D); Amended by Ord. 2214, 6/6/00)

If the

amendment involves change of property from one zone to another, and the Planning Commission has recommended that the proposed amendment be denied, the Board shall not be required to hold a hearing nor take any further action unless any interested party files a written request for hearing with the Clerk of the Board no later than five (5) calendar days after the Planning Commission recommendations are filed with the Board. The fee for a request for hearing established by the Board of Supervisors shall be paid when the request is filed. The request shall identify the grounds for the request. (Former Section INL#317- 8; CZ#A316-6(D); Ord. 1516, Sec. 1, 3/30/82; Amended by Ord. 1609, Sec. 1, 8/9/83; Amended by Ord. 2214, 6/6/00)

At the Public Hearing the Board of Supervisors shall review the proposed

amendment and may receive pertinent evidence on the following matters: (Former Section INL#317-9(a); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 2214, 6/6/00)

INL#317-9(a)(1); Amended by Ord. 2214, 6/6/00)

(Former Section

INL#317-9(a)(2); Amended by Ord. 2214, 6/6/00)

conformity with the policies of Chapter 3 (commencing with Section 30200) of the Coastal Act. (Ord. 2214, 6/6/2000)

disapprove the recommendation of the Planning Commission. Any substantial modification by the Board of Supervisors during its Public Hearing, which was not previously considered by the Planning Commission, shall first be referred to the Planning Commission for report and recommendation. Failure of the Planning Commission to report within forty (40) calendar days after the referral, or a longer period designated by the Board of Supervisors, shall be deemed as approval. (Former Section INL#317-10(b); Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 2214, 6/6/00)

amendment. Failure of the Board of Supervisors to render its decision on the matter within thirty (30) working days of the conclusion of the hearing shall be deemed to be a denial of the application for amendment. The Board of Supervisors may approve the proposed reclassification if it makes the required findings related to the evidence received. The Board of Supervisors may also impose conditions necessary to promote public health, safety, and welfare. (Former Section INL#317-9(a)(1), 317-9(a)(2), 317-9(b), 317-10(c); CZ#A316-6(E); Ord. 894, Sec. 1, 12/19/72; Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 2214, 6/6/00)

Within ten (10) working days after a decision by the Board of Supervisors, the Clerk of

the Board shall give notice of the decision to the petitioner for the amendment and any other party who has requested such notice. Notice of the decision shall be provided to the Coastal Commission for an amendment that affects property within the Humboldt County Coastal Zone. (Former Section CZ#A316-6(F); Amended by Ord. 2214, 6/6/00)

Following each amendment approved by the Board of

Supervisors, a Notice of Determination shall be filed pursuant to all requirements of Sections 15075 and 15094 of the California Code of Regulations and Section 21152 of the California Public Resources Code, or any successor provisions thereto. (Former Section CZ#A316-6(G); Amended by Ord. 2214, 6/6/00)

An approval of an application for amendment that affects property

within the Humboldt County Coastal Zone shall not become effective until the amendment has been approved and certified by the Coastal Commission. (Former Section CZ#A316-6(H))

Following the grant or denial of an application for a

Zone Reclassification, no new application shall be accepted within one (1) year for the same or substantially the same property. (Former Section INL#317-11; Ord. 894, Sec. 1, 12/19/72)