Chapter 11.61 — AMENDMENTS TO DEVELOPMENT CODE AND OFFICIAL ZONING MAP

This Chapter provides procedures by which changes may be made to the text of this Code and to the official zoning map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan.

(Ord. No. 1624)

The procedures in this Chapter shall apply to all proposals to change the text of this Code or to revise a zoning district classification or zoning district boundary line shown on the official zoning map.

(Ord. No. 1624)

An amendment to the Development Code text or official zoning map may be initiated by:

(1)

Application by any qualified applicant identified in Section 11.53.020, Application Forms and Fees;

(2)

A motion of the Board of Supervisors; or

(3)

Upon recommendation by the Planning Commission, CDSA Director or Planning Director to clarify text, address changes mandated by State law, maintain general and specific plan consistency, to address minor boundary adjustments, or for any other reason beneficial to the County.

(Ord. No. 1624)

(a)

Application. A qualified applicant shall submit an application for an amendment to the Development Code text or official zoning map on a form prescribed by the Planning Department accompanied by the required fee. The Planning Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

(b)

Concurrent processing. An application for an amendment to the Development Code text or official zoning map may be processed concurrently with other applications, at the discretion of the Planning Director. Entitlements approved in conjunction with an amendment to the Development Code text or official zoning map that cannot be approved without the amendment shall not be effective until the amendment is effective.

(Ord. No. 1624)

(a)

Staff report. The Planning Director shall prepare a report and recommendation to the Planning Commission on any application for an amendment to the Development Code text or official zoning map. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 11.61.080, Required Findings for Approval, of this Chapter, and an environmental document prepared in compliance with the California Environmental Quality Act.

(b)

Scheduling. The Planning Department shall schedule the application for hearing by the Planning Commission.

(c)

Public notice. At least ten days before the date of the public hearing, the Planning Department shall provide notice consistent with Chapter 11.53, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 1624)

11.61.060. - Planning commission hearing and recommendation.

(a)

Planning commission hearing. The Planning Commission shall conduct a public hearing in conformance with Chapter 11.53, Common Procedures.

(b)

Recommendation to board. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, findings related to the criteria in Section 11.61.080, Required Findings for Approval, and the relationship of the proposed for amendment to applicable general and specific plans, and shall be transmitted to the Board of Supervisors in the form of a Board memo, prepared by planning staff, with a copy of the approved minutes or minute order from the Planning Commission meeting.

(Ord. No. 1624)

11.61.070. - Board of supervisors hearing and action.

(a)

If the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning Commission has recommended against the adoption of such amendment, the Board of Supervisors is not required to take any further action unless an interested party files a written request for a hearing with the Planning Department within ten days after the Planning Commission action.

(b)

When a change of zone or Development Code Amendment is forwarded to the Board of Supervisors for action, the Board of Supervisors shall hold a duly-noticed public hearing pursuant to Section 11.53.050, Notice of Public Hearings. In addition, the notice shall include a summary of the Planning Commission recommendation.

(c)

After the conclusion of the hearing, the Board of Supervisors may approve, modify or deny the proposed amendment. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Board for adoption.

(Ord. No. 1624)

The Planning Commission shall not recommend and the Board of Supervisors shall not approve an amendment unless the proposed amendment meets the criteria of this Section:

(1)

Development code text amendments. An amendment that involves changes to the text of this Code may only be approved if it meets the following criteria:

a.

The amendment is consistent with the General Plan and any adopted and applicable community plan or specific plan; and

b.

The amendment is consistent with the purpose of this Code to promote the growth of the County in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

(2)

Amendments to official zoning map. An amendment that involves a change to the Official Zoning Map may only be approved if it meets the following criteria:

a.

The change in district boundaries is consistent with the General Plan and any applicable adopted community plan or specific plan;

b.

The change in district boundaries is consistent with the purpose of this Code to promote the growth of the County in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and

c.

The change in district boundaries is necessary to achieve the balance of land uses desired by the County, consistent with the General Plan, and to increase the inventory of land within a given zoning district.

(Ord. No. 1624)