Kings County Zoning Code § 2108 Action of the Planning Commission

• A. Within 45 days following the close of the public hearing or hearings, the Commission shall make a specific finding as to whether the change is in the public interest and will achieve the objectives of the Development Code prescribed in Article 1, Section 104 of this Development Code and whether the change would be consistent with the purposes and intended applications of the zoning classification proposed.

• B. Within 90 days following the close of the public hearing, the Commission shall transmit a written report to the Board of Supervisors recommending that the application be granted or denied or that the proposal be adopted or rejected. The report shall include the following:

  1. One copy of the application.

  2. The resolution of the Commission or request of the Board.

  3. The scale drawing of the site and the surrounding area, and all other data filed with the site plan.

  4. The minutes of the public hearing.

  5. The report of the Zoning Administrator.

  6. The findings of the Commission,

  7. Reasons for the recommendation concerning the proposed amendment.

Sec. 2109. Action of the Board of Supervisors: Upon receipt of the resolution and report of the Planning Commission, the Board shall hold at least one public hearing as required by law, give notice as prescribed in Section 2106 above and Government Code Section 65856, review the application or proposal and consider the resolution and report of the Commission and the report of the Zoning Administrator.

• A. The Board shall make a specific finding as to whether the change is in the public interest.

• B. Pursuant to Government Code Section 65857, the Board may approve, modify or disapprove the recommendation of the Commission, provided that any modification of the proposed ordinance or amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within 40 days after the referral, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed modification.

• C. If the Board finds that the change is in the public interest, it shall enact an amendment to this Development Code by ordinance, pursuant to Government Code Section 25120, et seq. except that Government Code Section 25131 shall not apply to any amendment to this Development Code that changes any property from one zone to another or imposes any regulation listed in Government Code Section 65850 not previously imposed or removes or modifies any such regulation.

• D. Effective Date of an approved Development Code amendment: Except in the case of an urgency measure adopted pursuant to Government Code Section 65858, a Development Code amendment becomes effective on the 30[st] day following the adoption of the amendment by the Board.

• E. If the Board finds that the change is not in the public interest, it shall deny the application and reject the proposal.