§ 17.128

The provisions of this title or the general plan or zoning classifications on individual parcels, may be amended in accordance with this chapter whenever the public interest requires such amendment.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.128.020 Initiation Of Action

An amendment to this title, or the general plan or zoning classifications on individual parcels, may be initiated by:

1. The verified petition of one or more owners of property affected by the proposed amendment, such petition shall be filed with the planning department as an application in compliance with requirements established by the county, and accompanied by a fee as prescribed by the board of supervisors; or

2. A resolution of intention by the board of supervisors; or

3. A resolution of intention by the planning commission.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The planning commission shall hold a public hearing on any proposed amendment to this title or the general plan or zoning classifications on individual parcels after giving the public notice required by section 17.132 of this title, provided that if the amendment does not affect the permitted uses nor the intensity of uses of real property, section 17.132.020A and D shall not apply. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the planning director, and adopt a recommendation and submit this recommendation to the board of

supervisors. The public hearing on a proposed amendment may be continued from time to time, provided that such hearing shall be completed and a recommendation adopted within sixty (60) days of the first noticed date of public hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.128.040 Planning Commission Recommendation

After the public hearing, the planning commission shall submit a written recommendation to the board of supervisors on the proposed amendment, setting forth the reasons for the recommendation and findings on the matters stated in section 17.128.050C.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.128.050 Board Of Supervisors Hearing

1. Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified by section 17.128.030.

2. The board of supervisors may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of a proposed amendment by the board of supervisors not previously considered by the planning commission shall first be referred to the planning commission for report and recommendation. The planning commission is required to hold a public hearing on such referral. Failure by the planning commission to report within ninety (90) days after the referral shall be deemed approval of the proposed modification to the amendment.

3. The board shall not approve the amendment unless it finds:

   1. That such an amendment is in the general public interest, and will not have a significant adverse affect on the general public health, safety, peace, and welfare;

   2. That such an amendment is desirable for the purpose of improving the Mariposa County General Plan with respect to providing a long term guide for county development and a short term basis for day-to-day decision making;

   3. That such an amendment conforms to the requirements of state law and county policy;

   4. That such an amendment is consistent with other guiding policies, goals, policies, and standards of the Mariposa County General Plan;

   5. In the case of an amendment to the zoning classification on an individual parcel or General Plan Land Use Map,

4. the subject parcel is physically suitable (including, but not limited to access, provision of utilities and infrastructure, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development; and

   2. the proposed zoning is logical and desirable to provide expanded employment opportunities, or basic services to the immediate residential population or touring public.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.128.060 Abandonment Of Proceedings

Subsequent to the initiation of an amendment and prior to its enactment by the board of supervisors, the amendment proceedings may be terminated in the following ways:

1. Any petition for an amendment may be withdrawn upon written application to the planning commission by a majority of the petitioners;

2. The board of supervisors or the planning commission, as the case may be, may by resolution abandon proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when the matter is before such body for consideration, and provided that any hearing of which public notice has been given shall have been held.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.128.070 Concurrent Proceedings

Any amendment to the title, which requires an amendment to the Mariposa County General Plan, may be heard concurrently with the general plan amendment hearings provided that all requirements of both amendment procedures are complied with and provided that action on any general plan amendment is taken prior to action being taken on the amendment to this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132 Public Hearings

17.132.010 Public Hearing Required

17.132.020 Public Notification 17.132.030 Notification Contents 17.132.040 Public Hearing--Rules Of Conduct 17.132.050 Burden Of Proof

17.132.010 Public Hearing Required

Public hearings before the Mariposa County board of supervisors and planning commission shall be conducted in a manner and in accordance with the procedures set forth in this chapter, unless otherwise provided in this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.020 Public Notification

All public hearings shall be noticed in accordance with this chapter and section 65090 et seq. of the Government Code. The standards established by this chapter are minimum standards and shall be expanded if required by state law.

1. The current assessment roll of Mariposa county shall be used to identify owners of property surrounding and including the project parcel boundaries. Notice shall be mailed or delivered to those individuals as listed on the current assessment roll.

   1. Notice shall be mailed or delivered to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

   2. Noticing requirements for the CG-1, CG-2, CR, M-1 and M-2 zones shall be twenty-five hundred (2,500) feet from the project parcel boundaries.

2. Notice within any town planning areas as described in Chapter 17.12 shall be three hundred (300) feet from a project parcel boundary.

   4. Notice for all other areas shall be 600 feet from the project parcel boundaries.

   5. If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least 10 days prior to the hearing. The notice shall appear during two separate weeks.

3. A notice shall be published in a newspaper of general circulation within the county at least once.

4. The planning department shall have a copy of the notice of the time and place of the hearing posted in not less than three(3) public places at least ten (10) days before the date set for the hearing. At least one of these notices shall be posted in the affected neighborhood or community. The planning department shall maintain a list of sites where notice in neighborhoods or communities will be posted.

5. Notice for amendments pursuant to Chapter 17.128 of this title which affect the permitted uses or intensity of uses of real property shall be mailed or delivered to each local agency expected to provide water, sewage, streets, road, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

6. All notifications shall be mailed at least twenty (20) days prior to the scheduled hearing date, and published at least ten (10) days prior to the scheduled hearing date. Failure of a property owner of record to receive a mailed notice shall not invalidate any hearing conducted in accordance with this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. IV on 4/2/1991 Amended by Ord. 912 Sec. II on 1/7/1997

17.132.030 Notification Contents

All mailed or published notices shall contain the following information:

1. A general description of the type, description and location of the project;

2. The location where initial studies, staff reports, and any other relevant information on the proposed project may be reviewed;

3. The actions to be taken with respect to the proposed project;

4. The anticipated closing date of the public review and comment period;

5. The date, time, and location of the public hearing on the proposed action, and name of the body before which the matter is to be heard;

6. Options an affected property owner may have with respect to the proposed project, including comments and appeal rights;

7. The rules of procedures of a public hearing will be included in the mail notices.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.040 Public Hearing--Rules Of Conduct

All public hearings shall be conducted as follows:

1. All public hearings conducted in accordance with the provisions of this title shall follow such rules of proceedings as prescribed by state law, local code, and adopted policy of the board of supervisors as amended from time to time;

2. Any decision resulting from a matter heard in accordance with this chapter, shall be rendered in the form of a resolution or ordinance at the conclusion of the public hearing;

3. No decision shall be considered rendered until such resolution, as described above, is formally adopted by the body before which the matter is heard;

4. A public hearing may be continued from time to time by the hearing body and shall not require re-notification provided that at the time the hearing is continued, a time, date, and place is set for the continued hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988