Chapter 9-808 — Other Plan or Map Amendments

It is the intent of this Chapter to provide for the method to amend this Title and the Zoning Maps, consistent with the California Government Code, provided such amendments are consistent with the General Plan.

The procedures of this Chapter apply to all proposals to change the text of the Development Title or to revise a zoning classification or boundary line shown on the Zoning Map.

An amendment to the Development Title and/or the Zoning Map 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.

(a)

An application for an amendment to the Development Title and/or the Zoning Maps must be filed and processed in accordance with the provisions of Chapter 9-802, Common Procedures, and must be considered by the Board of Supervisors with a recommendation from the Planning Commission. Its approval must be by ordinance and is subject to referendum. The Director must prepare a report and recommendation to the Commission that must include, but is not limited to, a discussion of how the proposed amendment meets the findings in Section 9-808.050. The Commission's recommendation must be forwarded to the Board of Supervisors for action on the proposed amendment except in the situation specified in Section 9.808.060(a), Recommendation against Private Application.

The Planning Commission in recommending, and the Board of Supervisors in approving, an amendment to the Development Title or the Zoning Maps, must make all of the following findings:

(a)

The proposed amendment is consistent with the General Plan and any applicable Master Plan.

(b)

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

(c)

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

(d)

For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zone is not detrimental to the use of adjacent properties.

(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 9-802.140, 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 comply with the General Plan and ensure internal consistency of the Development Title and consistency with other adopted plans, or to reduce environmental impacts.

(a)

Public Hearing. After receiving the report from the Planning Commission, the Board 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 may approve, modify, or deny the proposed Development Title and/or Zoning Map 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 within 45 days after the referral, the modification will be deemed to have been recommended for approval.

(c)

Ordinance Adopted. The Board's approval of an amendment to the Development Title and/or Zoning Map must be by ordinance, 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 Development Title and/or Zoning Map available for public inspection.

Chapter 9-809 - Agricultural Excavation Permits

The purpose of this Chapter is to establish a permit procedure to:

(a)

Allow the removal of excess material from property in order to increase the property's agricultural potential, while protecting people, property, and the environment from impacts caused by the grading excavation; and

(b)

Ensure the reclamation of excavation sites.

Applications for Agricultural Excavation Permits may be accepted in the following zones:

(a)

AL zone;

(b)

AG zone; and

(c)

AU zone.

An application for an Agricultural Excavation Permit shall include the following:

(a)

A Certified Grading Plan prepared by a registered civil engineer;

(b)

An Operational Statement, including identification of a haul route and public roads that will be used;

(c)

A soils report, prepared by a soil scientist qualified to analyze agricultural soils, shall be required for all proposals where the topsoil is not proposed to be replaced;

(d)

An Excavation/Reclamation Plan and schedule prepared by a registered civil engineer;

(e)

Proposed methods of financial guarantees of performance;

(f)

An Erosion, Sediment and Pollution Control Plan to minimize impacts on waterways and/or roadways during excavation; and

(g)

The required fee as specified by the Board of Supervisors.

The review procedure for an Agricultural Excavation Permit Application shall that established for a Zoning Compliance Review in Chapter 9-803.

Prior to approving an application for an Agricultural Excavation Permit, the Zoning Administrator shall find all of the following true:

(a)

The amount of the material being removed is the least amount required to enhance the agricultural suitability of the property;

(b)

The excavation will not have a detrimental effect on any surrounding agricultural lands; and

(c)

Issuance of the permit shall not be significantly detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity.

Approved Agricultural Excavation Permits shall be subjected to the development standards specified in Chapter 9-702.

If the excavation does not commence within three years after the date of approval of the Agricultural Excavation Permit, the permit shall lapse and become void.

A new Agricultural Excavation Permit shall not be required for the expansion of an existing or approved agricultural excavation, provided the Zoning Administrator determines that all of the following requirements are satisfied:

(a)

Any proposed expansion(s) may involve no more than a 10 percent increase in the overall site area covered by the existing or approved agricultural excavation;

(b)

The proposed expansion, in the opinion of the Zoning Administrator, will not have a substantial, adverse effect on adjacent property or on significant biotic resources on the site;

(c)

The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; and

(d)

A Public Improvement Plan pursuant to Chapter 9-514 is submitted to the County.

Approved Agricultural Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, Section 3500 et seq.).