Chapter 8.444 — AMENDMENTS

This Part may be amended by changing the boundaries of districts or by changing any other provisions hereof whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure specified in this Chapter. Amendments may be proposed by:

• (a) Direction of the Board of Supervisors; or by

• (b) Direction of the Planning Commission;

• (c) Initiation of the Director of Planning and Building;

• (d) The filing of an application with the Planning Division by property owners or their duly authorized agents, or a plaintiff in an action in eminent domain for amendments to this Part involving their property or property to be acquired by the plaintiff in an action in eminent domain.

Upon receipt of a direction or an application, or by their own initiation, the Director of Planning and Building shall set a date of hearing thereof and give notice as set forth in Section 8.444.020 (a) and (b).

Upon receipt of a direction, or an application, or by their own initiation, the Director of Planning and Building shall set a date of hearing thereof and give notice thereof by at least one (1) publication in a newspaper of general circulation in the County at least ten (10) days before the hearing and may give additional notice by either one or both of the following means when the amendment involves reclassification of the property.

• (a) Posting public notices of the proposed amendment not less than ten (10) days prior to the date of the first of such hearings. Such notices shall be placed not more than five hundred (500) feet apart along each and every street upon which the property proposed to be reclassified abuts and such posting shall extend along said street or streets a distance of not less than five hundred (500) feet from the exterior limits of such property or properties as are proposed for reclassification. Such notice shall consist of the words, “Notice of proposed change of Land Use District” printed or lettered in plain type or letters not less than one (1) inch in height, and in addition thereto, there shall be a statement in smaller type setting forth a description of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held, and other information which the Planning Commission may deem to be necessary; and by

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (b) Mailing a postal card notice not less than ten (10) days prior to the date of such hearing to the owner or owners of all property within the posting area above defined, as said property owners are shown on the last equalized assessment roll of the County.

Any failure to post public notices or to mail postal card notices as aforesaid shall not invalidate any proceedings taken for the amendment of this Part.

The Planning Commission may hold such additional hearings as it may deem necessary.

The Board of Supervisors may hold one or more public hearings upon the proposed amendment and before adopting the proposed amendment shall hold at least one public hearing thereon, notice of which shall be published at least once in a newspaper of general circulation in the County at least ten (10) days before the hearing.

At the conclusion of such hearing, the Board of Supervisors, if it so determines, may adopt an ordinance amending this Part in accordance with the proposal of the Planning Commission. The Board of Supervisors may not make a change in any proposed amendment by the Planning Commission until the proposed change has been referred to the Planning Commission for a report and such report received.

Following the aforesaid hearing or hearings, the Planning Commission shall make a report of its findings, summaries of hearings, and recommendations with respect to the proposed amendment and shall file with the Board of Supervisors such report within thirty (30) days from the final hearing thereon.

The Board of Supervisors may declare its own intention to amend this Part when it deems it to be for the public interest, but shall not adopt an amendatory ordinance until it shall have first referred such proposal to the Planning Commission for a report. Before making a report, the Planning Commission shall hold at least one (1) public hearing in the same manner as heretofore prescribed. The failure of the Planning Commission to make such report within forty (40) days after the reference to it shall be deemed an approval of the proposed change.

Upon receipt of such report or the expiration of time above-mentioned, the Board of Supervisors may proceed to hold a hearing as provided in Section 8.444.030, at the conclusion of which it may adopt an ordinance amending this Part.

The decision of the Board of Supervisors shall be rendered within ninety (90) days after the receipt of a report and recommendation from the Planning Commission.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

Upon the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The Board of Supervisors or the Planning Commission, as the case may be, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention provided that such abandonment may be made only when such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held.

(Prior code Section 6540 - Amended by Ordinance No. 2347 - January 20, 1976)

(Prior code Chapter 26, Section 6540 - Repealed by Ordinance No. 2586 - May 15, 1979) (Prior code Sections 6550 and 6551 - Amended by Ordinance No. 2320 - June 10, 1975) (Prior code Sections 6550 and 6551 - Amended by Ordinance No. 2347 - January 20, 1976) (Prior code Section 6553 - Amended by Ordinance No.1232 - July 16, 1957) (Prior code Section 6554 - Amended by Ordinance No. 2347 - January 20, 1976)