6.2. ZONING AMENDMENTS

This Section addresses Zoning Code text amendments and rezoning of the Comprehensive Land Use Plan.

6.2.1.A. Purpose and Applicability

1. Code Text Amendment. The Board of Supervisors may amend the text of this Code, including the adoption, modification, or replacement of appendices to the Code such as Community Zoning Plans, pursuant to this Section. The purpose of text amendments is to address changed conditions or changes in public policy, and to advance the general welfare of the County.

2. Rezoning. The boundaries of any zoning district may be changed, or the zoning classification of any parcel of land may be changed, pursuant to this Section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the County.

6.2.1.B. Initiation

[AMENDED 06-07-2018]

Code Amendments and Rezones may be initiated by any of the following processes:

1. The petition of one or more owners, or their authorized agents, of property which is the subject of the proposed amendment;

2. Resolution of Intention by the Board of Supervisors or by the Planning Commission;

   • a. A resolution of intention from the Planning Commission is required for minor amendments to the Code (including Design Guidelines, SPAs and NPAs) to address needed clarifications, streamlining or to be consistent with state or federal law.

   • b. A resolution of intention from the Board of Supervisors is required for amendments that are substantive, may be controversial, require substantial outreach, or require a substantial amount of time or funding.

3. The petition of any person, group, or agency, when authorized by the Planning Commission to file the petition. Authorization to file shall be considered in a public hearing. Authorization shall not be deemed to be an approval, favorable recommendation, or predisposition of the proposed amendment. Upon approval of authorization to file, the secretary may accept the petition, provided that it is complete according to the required form and content as stated in the User’s Guide and that it complies with the requirements of this Chapter.

6.2.1.C. Application Procedures

Detailed procedures for the application, review, and decisions on Code Text Amendments and Rezones of the Comprehensive Land Use Plan, including public hearing and noticing requirements are addressed in the User Guide.

6.2.1.D. Decision Authority and Approval Criteria for Code Text Amendments

The Planning Commission shall hold a public hearing on any proposed amendment or rezoning and make a recommendation for approval, approval with conditions, or denial of an application. The Board of Supervisors shall hold a public hearing to approve, approve with conditions, or deny applications for a Code Text Amendment. Recommendations and decisions on Code Text Amendments shall be based on whether the proposed amendment meets all of the following criteria:

osed amendment or rezoning and make a recommendation for approval, approval with conditions, or denial of an application. The Board of Supervisors shall hold a public hearing to approve, approve with conditions, or deny applications for a Code Text Amendment. Recommendations and decisions on Code Text Amendments shall be based on whether the proposed amendment meets all of the following criteria:

1. The proposed amendment will promote the public health, safety, and general welfare;

2. The proposed amendment is consistent with the General Plan and the stated purposes of this Code; and

3. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.

6.2.1.E. Decision Authority and Approval Criteria for Rezones

If the Planning Commission recommends denial of the application, the Rezoning application shall be denied without further hearing. If the Planning Commission recommends approval, with or without conditions or modifications, then the Board of Supervisor shall hear and decide the application for Rezoning, according to the procedures in the User Guide and the criteria that follows.

Recommendations and decisions on Rezones shall be based on whether the proposed rezoning meets all of the following criteria:

1. The proposed zoning designation is consistent with the intent of land use designations and policy statements in the General Plan;

2. Uses allowed under the proposed zoning designation are compatible with adjacent uses;

3. The rezoning is consistent with the stated purpose of the proposed zoning district;

4. Facilities and service (including roads and transportation, water, gas, electricity, sheriff and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;

5. The rezoning is not likely to result in significant adverse impacts upon the natural environment, or such impacts will be substantially mitigated; and

6. The rezoning is not likely to result in significant adverse impacts upon the other property in the vicinity of the subject tract.

6.2.1.F. Effective Date of Decision

Action by the Board of Supervisor on a Rezoning shall become effective 30 days from the date that the Chair of the Board of Supervisors signs the approval document, unless a court review is commenced with the 30-day period.

6.2.1.G. Conditions for Rezoning

Conditions imposed shall run with the land and shall not be removed by a change in ownership nor automatically removed by a subsequent rezoning of the property. Conditions may be removed only by the Board of Supervisors after recommendation by the Planning Commission.

6.2.1.H. Abandonment of Proceeding

The Planning Commission may decide to abandon any proceeding which the Commission has initiated.

6.2.1.I. Withdrawal of Petition

The Planning Commission or the Board of Supervisors may, prior to action by the Planning Commission or Board of Supervisors, permit the withdrawal of any petition or part thereof, filed pursuant to this Code.

6.2.1.J. Renewal of Petition for Rezone

If a rezoning application is denied, another petition for the same zoning district classification shall not be accepted by the Planning Director within one year of the denial, unless specific approval for such filing is given by the Planning Commission or the Board of Supervisors.

6.2.2.A. Applicability

The Board of Supervisors may enter into a Development Agreement, pursuant to the authority of CA GOV §65864 through 65869.5 and this Section. The provisions of this Section govern the rules relating to Development Agreements.

6.2.2.B. Initiation

A Development Agreement may be initiated by any of the following processes:

1. An application by one or more qualified applicants;

   • a. A qualified applicant is a person who has legal or equitable interest in the real property, including authorized agent, which is the subject of the Development Agreement. The Secretary of the Planning Commission or the Planning Director may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant. The Planning Director or the Secretary may obtain the opinion of the County Counsel as to the sufficiency of the applicant’s interest in the real property to enter into the agreement. The County Counsel may require an applicant or agent to submit a title report or other evidence to verify the applicant’s legal or equitable interest in the subject property.

2. Resolution of Intention by the Board of Supervisors;

3. Resolution of Intention by the Planning Commission when adopted contemporaneously with a Resolution of Intention to adopt or amend a General Plan or Community Plan as provided in Title 21 of the SCC.

6.2.2.C. Form of Agreement

1. An applicant may submit a proposed form of agreement.

2. The County Counsel shall approve the proposed form of Development Agreement which may be adopted by resolution of the Board of Supervisors. The proposed agreement shall contain all of the elements required by CA GOV §65865.2, and may include any other provisions permitted by law.

6.2.2.D. Application Procedures

[AMENDED 12-01-2017]

Detailed procedures for the application, review, and approval of Development Agreements, including public hearing and noticing requirements are outlined in Requirements for the preparation of Public Facilities Financing Plans, Fiscal Impact Analysis, Urban Services Plans, and Development Agreements prepared by the Sacramento County Planning and Environmental Review.

6.2.2.E. Review of Application

1. The Planning Director shall review the application and shall accept it for filing if it is complete and accurate.

2. The Planning Director shall forward a copy of an agreement form proposed by an applicant to the County Counsel for review.

3. A Development Agreement, if it qualifies as a project under the California Environmental Quality Act and implementing regulations, shall be subject to environmental review.

4. The Director shall transmit the application for a public hearing when all of the necessary reports and recommendations are complete.

6.2.2.F. Decision Authority and Approval Criteria for Development Agreements

If the Board approves the Development Agreement, it shall adopt an amendment to the Code and direct the Chair of the Board to execute the Agreement after the effective date of the amendment. The Development Agreement shall be identified as a separate Section of this Code and included with the list of such Sections in Appendix A of this Code.

Recommendations and decisions on a Development Agreement shall be based on whether the proposed amendment meets all of the following criteria:

1. Is consistent with the objectives, policies, general land use, and programs specified in the General Plan and any applicable Specific Plan;

2. Is consistent with the goals and objectives of general land uses specified in any applicable community plan;

3. In conformity with public convenience, general welfare, and good land use practices;

4. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of residents of the County as a whole;

5. Will not adversely affect the orderly development of property or the preservation of property values; and

6. Is consistent with the provision of CA GOV §65864 through §65869.5.

6.2.2.G. Conditions

In addition to any generally applicable conditions, the Development Agreement shall provide that the rules, regulations, and official policies governing the permitted uses of land, density, design, improvement, construction standards and specifications, improvement and construction standards, or any one of these, shall be those rules, regulations and official policies in force at the date of execution of the agreement.

6.2.2.H. Amendment or Cancellation

1. Either party may propose an amendment to or cancelation in whole or in part of any Development Agreement. Any amendment or cancellation shall be by mutual consent of the parties.

2. Except as otherwise provided in this Section, the procedure proposing and adopting an amendment to or the canceling in whole or in part of the Development Agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the County initiates a proposed amendment to or a cancellation in whole or in part of the agreement, County shall first give written notice to the party executing the agreement of its intention to initiate such proceedings not less than 30 days in advance of the giving of public notice of the hearing to consider an amendment or cancellation.

ng into an agreement in the first instance. However, if the County initiates a proposed amendment to or a cancellation in whole or in part of the agreement, County shall first give written notice to the party executing the agreement of its intention to initiate such proceedings not less than 30 days in advance of the giving of public notice of the hearing to consider an amendment or cancellation.

3. Any amendment to the Development Agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement, construction standards and specifications, improvement and construction standards or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

6.2.2.I. Recordation and Filing

Within 10 days after the effective date of a Development Agreement, or any modification or the cancellation thereof, the Clerk of the Board shall have the agreement, the modification, or

cancellation notice recorded with the County Recorder. The Clerk of the Board shall be the official custodian of the agreement file. The file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and cancellations to the agreement.

6.2.2.J. Periodic Review

The Clerk of the Board of Supervisors shall schedule a periodic review of the Development Agreement in accordance with the term of the agreement. This review shall occur at least once every 12 months from the effective date the agreement. Alternatively, the Board may refer the matter of the periodic review to the Planning Commission.

1. The Board, or person charged in the agreement, shall conduct a public review hearing at which time the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

2. The Board, or any person charged with review, shall determine, upon the basis of substantial evidence, whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

3. If the Board, or person charged with review, finds and determines, on the basis of substantial evidence, that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required.

4. If the Board, or person charged with the review, determines, on the basis of substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Board, on its own motion, or upon the application of the party charged with the review, may initiate proceedings to modify or terminate the agreement.

5. The procedure herein for periodic review is an administrative hearing and shall be conducted according to the procedures in the User Guide.

6.2.2.K. Modification or Termination

1. If, upon a finding pursuant to Section 6.2.2.J.4, the Board of Supervisors determines that modification of the agreement is appropriate or that the agreement should be terminated, the Board shall give notice to the other party of its intention to do so. Such notice shall provide:

   • a. The time and place of the public hearing;

   • b. A statement as to whether the Board proposes to terminate or to modify the agreement;

   • c. Such other information which the Board considers appropriate to inform the other party of the nature of the proceeding.

2. A public hearing for termination or for modification shall be conducted on the proposed modification or termination. At the conclusion of the hearing, the Board may refer the matter to the Planning Commission which heard the application for further proceedings or for a report and recommendation. Upon receipt of any such report or recommendation, the Board will take final action on the modification or termination. As part of that final determination, the Board may impose conditions which it considers necessary and appropriate to protect the interest of the County. The decision of the Board shall be final and any court action or proceeding to attack, review, set aside, void or annul any decision of the determination by the Board shall be commenced within 30 days as set forth in Section 6.1.3.F.