(A) Purpose. This chapter establishes procedures for consideration and review of amendments to the general plan, zoning code, and/or zoning map, when there are compelling reasons to do so more specifically, this chapter addresses:
(1) Amendments to the general plan, to address changes in state or federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and
(2) Amendments to the zoning code and zoning map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the general plan.
(B) Procedures for the approval of general plan. Procedures for the initiation and approval or amendment of the general plan are provided in Title 19 of the County Code.
(C) Applicability. The procedures in this chapter shall apply to:
(1) All proposals to change the text of the general plan, including any maps which are part of the general plan that are combined in the same application for a proposed change to the text of this zoning code or boundary line shown on the zoning map; and
(2) All proposals to change the text of this zoning code or to revise a zone or boundary line shown on the zoning map.
(D) Authority. The Planning Commission shall act as the advisory body for all amendments to the general plan text, general plan land use map, zoning code text, and zoning code map and provide recommendations to the Board of Supervisors. The Board of Supervisors shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the general plan text, general plan land use map, zoning code text, and zoning code map.
(E) Initiation of amendment. An amendment to the general plan, zoning code, or zoning map may be initiated by any qualified applicant identified in § 25.01.013, Application Forms and Fees, the Director, or by a motion of the Board of Supervisors or Planning Commission.
(F) Procedures.
(1) Application. A qualified applicant shall submit an application for amendment accompanied by the required fees by the County. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Planning Division may allow amendments to the general plan, zoning code, and zoning map to be processed concurrently with other applications.
(2) Staff report. The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in this section for zoning amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.
(3) Public hearing and notice. All amendments to the general plan, zoning code, and zoning map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least ten days before the date of any public hearing, the Planning Division shall provide notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.
(G) Planning Commission hearing and recommendation.
(1) Planning Commission hearing. Before submitting a recommendation report to the Board of Supervisors, the Planning Commission shall conduct at least one public hearing in accordance with the public hearings provisions in § 25.01.007.
(2) Recommendation to Board of Supervisors. 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, consistency with general plan, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a memorandum to the Board of Supervisors, prepared by the Director.
(3) Approval. If the Planning Commission has recommended approval of the proposed amendment, the Board of Supervisors is required to take final action pursuant to Board of Supervisors hearing and action in this chapter.
(4) Denial. If the Planning Commission has recommended against the proposed amendment, the Board of Supervisors is not required to take any further action unless an appeal is filed in accordance with the appeals provisions of § 25.01.008.
(H) Board of Supervisors hearing and action.
(1) Board of Supervisors hearing. After receiving the recommendation from the Planning Commission, the Board of Commissioners shall hold a hearing in accordance with the public hearings provisions in § 25.01.007. The notice for the hearing shall include a summary of the Planning Commission recommendation.
(2) Board of Supervisors action.
(a) After the conclusion of the hearing, the Board of Supervisors may approve, modify, or deny the proposed amendment. If the Board of Supervisors proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation.
(b) The Planning Commission shall not be required to officially consider the referral from the Board of Supervisors. If the Planning Commission does not report to the Board of Supervisors within 45 days after the referral, it shall be deemed that the Commission recommends approval, and the amendment shall be returned to Board of Supervisors for action.
(I) General plan consistency required for zoning amendments. The Planning Commission shall not recommend, and the Board of Supervisors shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the general plan. In the case of a combined general plan amendment and change of zone or zoning code amendment, a finding may be made that the zoning amendment is consistent with the general plan as proposed to be amended.
(Ord. 1043, § 3 (part), 2022)