This chapter provides procedures for the amendment of the General Plan, this Zoning Code, and the Zoning Map whenever the Board determines public necessity and general welfare require an amendment.
A. 
General Plan Amendments. The General Plan is the County's guiding land use policy document which the Official Zoning Map is based on. The General Plan and the Zoning Map shall be consistent. An application to amend the General Plan shall first be heard by the Commission which shall adopt a recommendation for Board consideration. Then it shall be heard by the Board, which shall adopt a resolution, following a noticed public hearing.
B. 
Zoning Code Amendments. This Zoning Code specifies all of the rules, regulations, and standards that serve to implement the General Plan. Amendments to this Zoning Code shall be by ordinance. An application to amend this Zoning Code shall first be heard by the Commission which shall adopt a recommendation for Board consideration. Then it shall be heard by the Board, which shall adopt an ordinance, following a noticed public hearing.
C. 
Zoning Map Amendments.
1. 
All land in the unincorporated area of the County is classified into various zones. These zones are outlined on the County's Zoning Map. Article 2 (Zones, Allowable Uses, and Development Standards) describes the uses of land that are allowed in each zone and Article 4 (Standards For Specific Land Uses) describes the development standards applicable for each specific use.
2. 
A Zoning Map Amendment is a procedure involving an application to reclassify land to a different zone that is consistent with the General Plan designation for the property. On occasion, a General Plan Amendment is processed together with a Zoning Map Amendment; however, the number of General Plan Amendments is limited by State law. Additionally, by law, the two shall be consistent.
3. 
Amendments to the Zoning Map shall be adopted by ordinance. The application shall first be heard by the Commission which shall adopt a recommendation for Board consideration. Then it shall be heard by the Board, which shall adopt an ordinance, following a noticed public hearing.
(Ord. 1976 § 2, 2019)
A. 
Initiation by the County. An amendment may be initiated by the Commission or Board, proposed by the Director, or as specified in subsection B.
B. 
Initiation by Application. In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by all of the owners or authorized agent(s)/representative(s) of property owner(s) for which the amendment is sought, or the plaintiff in an action in eminent domain to acquire the subject property.
(Ord. 1976 § 2, 2019)
A. 
Application Filing and Processing.
1. 
If initiated by the filing of an amendment application in compliance with Section 18.142.020(B) (Initiation by Application), the application shall be processed in compliance with Chapter 18.112 (Application Processing Procedures).
2. 
The application shall include all of the information and materials specified in the most up-to-date Department handout for amendment applications, together with the required fee in compliance with the Fee Schedule.
3. 
The planner assigned to the project application shall send out referrals to affected agencies and County departments for their review and comment.
4. 
It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.142.060 (Findings and Decision).
B. 
Timing of General Plan Amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions specified in Government Code Section 65358.
C. 
Public Hearings Requi red. The Commission and Board shall each conduct one or more public hearings regarding the amendment; unless the application is denied by the Commission in compliance with Section 18.142.040(B) (Action for Denial by Commission).
D. 
Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.
(Ord. 1976 § 2, 2019)
A. 
Recommendation to Board.
1. 
All Amendments. After the public hearing, the Commission shall forward a written recommendation, in the form of a resolution, together with the findings in support of the recommendation, to the Board whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.142.060 (Findings and Decision).
2. 
Recommendation for Approval of Zoning Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require the affirmative vote of not less than a majority of the total majority of the commission in compliance with Government Code Section 65354 and County Code Section 2.32.070.
3. 
Recommendation for Approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Commission in compliance with Government Code Section 65354 and County Code Section 2.32.070.
B. 
Action for Denial by Commission.
1. 
Commission's action for denial of the amendment shall require a majority vote of the total membership of the commission in compliance with Government Code Section 65354 and County Code Section 2.32.070.
2. 
The action of the Commission to deny an amendment shall be final and conclusive unless an appeal is filed with the Clerk of the Board, within 10 days following the date of the Commission's action, in compliance with Chapter 18.144 (Appeals) and as specified in Government Code Sections 65354.5 and 65856.
3. 
If denied by the Commission, in compliance with subsection (B)(2), the Board shall not be required to take any further action on the amendment application unless appealed as specified in subsection (B)(2).
(Ord. 1976 § 2, 2019)
A. 
Approval.
1. 
All Amendments. Upon receipt of the Commission's recommendation to approve, or approve in modified form the amendment, the Board shall conduct a public hearing and either approve, approve in modified form, or deny the amendment based on the findings identified in Section 18.142.060 (Findings and Decision).
2. 
Approval of Zoning Code or Zoning Map Amendments. The action by the Board to approve the Commission's recommendation regarding a Zoning Code or Zoning Map amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.
3. 
Approval of General Plan Amendments. The action by the Board to approve the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members (a super majority) in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.
B. 
Referral to Commission.
1. 
Board Referral for Further Study.
a. 
When the Board has requested the Commission to study and report on a proposed amendment and the Commission fails to act on the request within a reasonable time, the Board may, by written notice, require the Commission to render it's report within 40 days.
b. 
Upon receipt of the written notice, the Commission shall conduct the required public hearing if it has not already done so.
c. 
Failure of the Commission to report back to the Board within the time period shall be deemed the Commission's recommendation for approval of the amendment in compliance with Government Code Section 65853.
2. 
Board Referral for Information Not Previously Considered.
a. 
If the Board proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857.
b. 
The Commission shall not be required to hold a public hearing on the referral.
c. 
Failure of the Commission to report back to the Board within 40 days (Zoning Code or Zoning Map 65857) or 45 days (General Plan Amendments 65356) after the referral, or a longer period as may be designated by the Board, shall be deemed the Commission's recommendation for approval of the amendment in compliance with Government Code Sections 65356 and 65857.
(Ord. 1976 § 2, 2019)
An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment:
A. 
Findings for General Plan Amendments.
1. 
The amendment is internally consistent with all other provisions of the General Plan;
2. 
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the County; and
3. 
The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
B. 
Findings for Zoning Code and Zoning Map Amendments.
1. 
Findings Required for all Zoning Code and Zoning Map Amendments.
a. 
The proposed amendment is consistent with the General Plan and any applicable specific plan; and
b. 
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the County.
2. 
Additional Finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
3. 
Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
(Ord. 1976 § 2, 2019)
A. 
General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Board.
B. 
Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Board.
(Ord. 1976 § 2, 2019)