Solano County Zoning Code § 28.111 Amendment of Chapter

This Chapter may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Section.

• A. Initiation . An amendment may be initiated by:

  1. One or more owners of property to be affected by the proposed amendment, upon a verified petition filed with the Department of Resource Management, accompanied by a fee or fees as may be set by the Board of Supervisors by resolution pursuant to Section 11-111 of this Code. No part of such fee shall be refundable.

  2. By the Director of Resource Management as the Director deems necessary, or at the direction of the Planning Commission or the Board of Supervisors.

B. Public Hearings .

1. The Planning Commission shall hold a public hearing on any proposed amendment that changes any property from one zone to another or imposes, modifies, or removes any regulation which affects the permitted uses of real property, including land, buildings, signs and other structures.

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2. Notice of the hearing shall be given pursuant to Section 28.04. After conclusion of its hearing, the Planning Commission shall render its decision by recommending approval, approval with modifications, or disapproval of the proposed amendment. The

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recommendation shall include the reasons for the recommendation, and shall describe the relationship of the proposed amendment to the general plan and any applicable specific plan. The planning commission shall file with the board of supervisors an attested copy of a report of its recommendations within 90 days after the conclusion of the public hearings.

3. Upon receipt of such report from the planning commission the board of supervisors shall set the matter for public hearing and shall give notice thereof pursuant to Section 28.04 and to the same persons and organizations who were given notice of the planning commission hearing. After conclusion of its hearing, the board of supervisors may enact the proposed amendment or any part thereof in such form as the board may deem advisable to protect the public health, safety, and general welfare of the county, or it may deny the proposed amendment. Prior to enacting any alternative to the proposed amendment that was not previously considered by the planning commission during its hearing, the board shall first refer the alternative to the planning commission for report and recommendation. The planning commission is not required to hold a public hearing or issue a report and recommendation on the alternative. Failure of the planning commission to issue a report and recommendation within 60 days after the board makes its referral shall be deemed to be a positive recommendation on the alternative. However, if the proposal requests only that property be rezoned from one zoning district to another and the planning commission has recommended disapproval of the proposal, then the board of supervisors is not required to take any further action on the proposal unless an interested person requests a hearing by filing a written request with the clerk of the board within 10 days after the planning commission files its recommendation with the board. If no request for hearing is timely filed or if the board does not initiate review as described in Section 28.112(F), then the proposal shall be deemed denied 10 days after the planning commission files its recommendation with the board.

4. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written request of a majority of all persons who signed the petition. The board of supervisors or the planning commission, as the case may be, may, by resolution, abandon any proceedings for an amendment initiated by its own direction; provided, that such abandonment may be made only when such proceedings are before such body for consideration; and provided further, that any hearing of which public notice has been given shall be held.

5. Whenever a petition for an amendment to this chapter has been denied, no new petition for the same amendment shall be accepted by the department for a period of one year from the effective date of the final denial of the original petition; provided, that upon a showing of a substantial change of circumstances, the director of resource management may permit the filing of such new petition prior to the expiration of such one-year period. Nothing contained herein shall prevent the board of supervisors or planning commission from at any time initiating any proceedings which either of such bodies may initiate pursuant to this section.

(Ord. No. 1840, §55)

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