§ 9-807

This Chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or federal law and problems and opportunities that were unanticipated at the time of General Plan adoption or the last amendment.

The procedures of this Chapter apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions.

An amendment to the General Plan may be initiated by:

(a)

Any qualified applicant identified in Section 9-802.030, Application Forms and Fees; or

(b)

An order of the Board of Supervisors or Planning Commission, on its own motion or on the recommendation of the Director.

An application for an amendment to the General Plan must be filed and processed in accordance with the provisions of Chapter 9-802, Common Procedures, and considered by the Board of Supervisors with a recommendation from the Planning Commission. It must be processed in conformance with Government Code Section 65350 et seq. Its approval must be by resolution, and it is subject to referendum.

(a)

Required Information. In addition to any other application requirements, an application for a General Plan amendment must include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan's goals and the benefit to the public that will result from approving the proposed change or changes to the General Plan.

(b)

Report. The Director must prepare, or oversee the preparation of, a report and recommendation to the Planning Commission, which must include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this Chapter and the General Plan's goals, and a determination as to whether the proposed amendment will require amendment to other plans that the Board of Supervisors has adopted.

(c)

Planning Commission Recommendation. The Commission's recommendation must be forwarded to the Board of Supervisors for action on the proposed amendment except in the situation specified in subsection 9-807.060(b), Recommendation against Private Application.

The Planning Commission in recommending, and the Board of Supervisors in approving, an amendment to the General Plan, must make all of the following findings:

(a)

The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

(b)

The proposed amendment is consistent with the General Plan goals, unless the goals themselves are proposed to be amended.

(c)

The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.

(d)

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

(a)

Public Hearing. The Planning Commission must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures, and must then vote on its recommendation on the proposed amendment.

(b)

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant, and the Planning Commission recommends against the adoption of such amendment, the application is denied, and the Board of Supervisors is not required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 9-802.150, Appeals.

(c)

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the Board of Supervisors. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this Title; the consistency of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the General Plan and consistency with other adopted plans, or to reduce environmental impacts.

(a)

Public Hearing. After receiving the report from the Planning Commission, the Board of Supervisors must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures. The notice must include a summary of the Planning Commission's recommendation.

(b)

Action. After the conclusion of the hearing, the Board of Supervisors may approve, modify, or deny the proposed General Plan amendment. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification will first be referred back to the Planning Commission for its recommendation, but the Planning Commission will not be required to hold a public hearing on the matter. If the Planning Commission fails to report back to the Board of Supervisors within 45 days after the referral, the modification will be deemed to have been recommended for approval.

(c)

Resolution Adopted. The Board's approval of an amendment to the General Plan must be by resolution, adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(d)

Public Release. Following the Board action, the Clerk of the Board will make the documents amending the General Plan, including the diagrams and text, available for public inspection.