Modoc County Municipal Code Ch. 18.136 Amendments

The regulations in this title established by ordinance of the board of supervisors may be amended as provided in this chapter, by changing the boundaries of districts, reclassifying land from one district to another district or districts or combinations thereof, or by changing any other provision whenever the amendment will further the public necessity, convenience, or welfare.

(Ord. 236-73 Exh. A(part), 1991)

A. Form and contents: An amendment to this title may be initiated by resolution of the board of supervisors or planning commission, or by the planning director or any person by filing an application with the planning department. All resolutions shall be accompanied by, and all applications shall be on, a form prescribed by the planning director, including (1) statements, plans, or maps, reproducible and drawn to scale, required to show the necessity for and the scope of the proposed amendment, (2) information demonstrating compliance with provisions of this title, (3) when the county is not the applicant, written authorization of the property owner or a petition requesting the county to initiate an amendment when the authorization of the property owner is not obtained, (4) fees, and (5) environmental review forms.

B. Completeness: No application shall be accepted as complete until all fees, the application form and all required information are filed with and accepted as complete by the planning department. Within thirty days after receiving an application the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. The applicant may, within ten days of receiving a notice of deficiency, appeal the determination of the planning department to the planning commission and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

C. Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

D. Planning director's report: All applications shall be reviewed by the planning director, who may consult with any persons for the purpose of technical review. The report of the planning director, including an analysis of the consistency of the proposed amendment with the general plan and any applicable specific plan, and with any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to the hearing on the application.

(Ord. 236-73 Exh. A(part), 1991)

A. Public hearing: The planning commission shall hold a public hearing on a proposed amendment after the application is accepted as complete. Notice of hearing shall be given by the planning director as provided in Section 18.140.040, or as provided in 18.140.050 when the proposed amendment affects the permitted uses of real property.

B. Action: After the hearing the planning commission shall render its decision in the form of a written resolution, which shall include a recommendation to the board of supervisors for action on the proposed amendment, the reasons for the recommended action, any proposed conditions, and the relationship of the proposed amendment to the general plan and any applicable specific plan. When the commission recommends denial of an amendment to rezone property from one zone to another, its decision shall be final unless a hearing is requested as provided in Section 18.136.050. If appealed, the planning director shall cause a report of the commission's action to be filed with the clerk of the board of supervisors within ten working days after the commission's decision.

B. Conditions: The approval or recommendation to approve an amendment or ordinance may be conditioned on reasonable requirements related to development anticipated to occur on the property which is the subject of a rezoning, its effect on surrounding property, or as required to implement the general plan or any applicable specific plan. No condition shall be adopted requiring the automatic reversion of land to a former zone, but may require reversion contingent on notice and hearing in the manner required for the adoption of an amendment, and adoption of an ordinance rescinding the prior action or amending this title.

(Ord. 236-73 Exh. A(part), 1991)

A. If the planning commission has recommended approval of the proposed amendment, the board of supervisors shall hold a public hearing. When the commission recommends denial of a proposed amendment to change property from one zone to another, the board of supervisors need take no further action on it unless an interested person files a written request for a hearing with the clerk of the board within five days after the commission's recommendation is filed with the clerk. Notice of public hearing shall be given as provided in Section 18.140.040 or 18.140.050.

B. The board of supervisors may approve or disapprove any recommendation of the planning commission, provided any modification of the proposed amendment or ordinance which was not considered by the commission durIng its hearing shall first be referred to the commission for its recommendation. The commission shall not be required to hold a public hearing thereon. If the planning commission fails to render its recommendation within forty days after referral, or any longer period the board may set, the modification shall be deemed approved by the commission. After receiving the commission's recommendation, or if there is none, the board shall adopt an ordinance amending this title, or shall decline to do so.

(Ord. 236-73 Exh. A(part), 1991)

Any applicant may withdraw or abandon an application for a proposed amendment at any time, provided that any public hearing on the amendment for which notice has been given is first held and the amendment is not required as a condition of approval of a development permit.

(Ord. 236-73 Exh. A(part), 1991)