Chapter 11.62 — GENERAL PLAN AMENDMENTS

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 as a result of changes in conditions or circumstances unforeseen at the time of adoption or last amendment of the General Plan. 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 adoption

or last amendment. In addition, when conditions and needs change, the County may consider proposed amendments to the General Plan policies and/or land use designations.

This Chapter is intended to supplement the detailed requirements for the preparation, adoption, and amendment of general plans in Sections 65350 to 65362 of the California Government Code.

(Ord. No. 1624)

The procedures of this Chapter apply to all proposals to change the text of the General Plan, land use map, or the diagrams that illustrate the application of its provisions.

(Ord. No. 1624)

Pursuant to California Government Code 65358, no mandatory element of the General Plan may be amended more than four times during the calendar year. However, this annual limit does not apply to:

(1)

Residential development projects in which at least 25 percent of the units will be occupied by families of low and moderate incomes;

(2)

An amendment necessary to comply with a court decision in a case involving the legal adequacy of the general plan;

(3)

An amendments to bring the General Plan into compliance with an airport land use plan; or

(4)

An amendment needed in connection with the adoption of a comprehensive development plan under the Urban Development Incentive Act.

(Ord. No. 1624)

An amendment to the General Plan may be initiated by any qualified applicant identified in Section 11.53.020, Application Forms and Fees, or a motion of the Board of Supervisors or upon recommendation by the Planning Commission or CDSA Director.

(Ord. No. 1624)

(a)

Application. The applicant shall submit an application for a General Plan amendment 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 review and approve the application.

(b)

Coordination with other applications. The Planning Department may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this Development Code to be reviewed and approved concurrently with the proposed General Plan amendment.

(Ord. No. 1624)

(a)

Staff report. The Planning Director shall prepare a report and recommendation to the Planning Commission on the application for a General Plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this Chapter, a determination as to whether the proposed amendment will require amendment to other plans that the Board of Supervisors has adopted, 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 in accordance with the County's schedule for considering General Plan amendments.

(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 school district, public utility district, or other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment and any other entity as required by Section 65352 of the California Government Code.

(Ord. No. 1624)

(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 General Plan Amendment and the environmental determination to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, findings supporting

the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and a copy of the approved minutes or minute order from the Planning Commission meeting.

(Ord. No. 1624)

(a)

If 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 an amendment is forwarded to the Board of Supervisors for action, the Board of Supervisors shall conduct 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 General Plan amendment. Expansion of the valley growth boundary requires approval of at least four of five Board members. 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 its recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. 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.

(d)

Following the Board action, the County Clerk of the Board shall make the documents amending the plan, including the diagrams and text, available for public inspection.

(Ord. No. 1624)

The Board of Supervisors shall only approve a General Plan amendment if it makes all of the following findings:

(1)

The proposed amendment is in the public interest;

(2)

The proposed amendment is consistent and compatible with the goals and policies of the General Plan;

(3)

The potential effects of the proposed amendment have been evaluated and determined not to be detrimental to the public health, safety, or welfare; and

(4)

The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

(5)

In addition to the above findings, expansion of the valley growth boundary requires approval of at least four out of five Board members.

(Ord. No. 1624)