The general plan of the County of Sacramento or community plans,
and any amendment to such plans, shall be adopted pursuant to the
procedures in this chapter.
(SCC 233 § 1, 1975; SCC
0909 § 1, 1993)
The Board shall, by resolution, specify the hearing dates for
general plan amendments.
(SCC 233 § 1, 1975; SCC
301 § 1, 1977; SCC 319 § 1, 1978)
A. The
adoption or amendment of the general plan or a community plan may
be initiated by resolution of intention by the Board of Supervisors
or by resolution of intention of the County Planning Commission.
B. An
amendment to the general plan or a community plan may be initiated
by the application of an interested person as provided in this chapter.
C. Notwithstanding
subdivision (C), within the area depicted on Exhibit "A", which is
attached hereto and which is on file with the Clerk of the Board of
Supervisors, no general plan amendment may be initiated by application
of any interested person to and from the following land use categories
after December 31, 1990, except pursuant to subdivision (E), until
adoption of the updated General Plan or January 1, 1993, whichever
is earlier:
From the Following Land Use Categories
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To the Following Land Use Categories
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Recreation, Agricultural-Crop Land, General Agriculture 80,
General Agriculture 20, Agricultural-Residential, Urban Reserve, or
Agricultural-Recreational Reserve
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Agricultural-Residential or Urban (Low-Density Residential,
Medium Density Residential, Commercial and Office, Industrial Intensive
and Industrial Extensive)
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D. Notwithstanding
subdivision (D), the following general plan amendments may be initiated
to and from the land use categories listed in subdivision (D) with
the consent of the Director of the Office of Planning and Environmental
Review on the Director's written determination that the application
or resolution is for an amendment which:
1. Would
change the land use categories for an insignificant number of acres
and raises no major policy issue; or
2. Would
change the land use category for property that is surrounded by and
adjacent to existing urban uses and has adequate public services available.
Any determination granting or denying such consent shall identify
the particular circumstances justifying the decision. Any determination
by the Director shall be appealable to the Board of Supervisors by
filing a Notice of Appeal with the Clerk not later than 10 calendar
days after the Director's determination is mailed to the applicant,
accompanied with a payment of a fee of $563.
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E. Subdivision
(D) shall not prevent processing of and decisions on general plan
amendment requests for which, as of December 31, 1990:
1. A
hearing has been scheduled or held before either the Board or County
Planning Commission, but the requests were continued to a date certain;
2. A
hearing before the Board or County Planning Commission has been scheduled;
3. The
environmental document has been completed, as determined by staff;
4. The
request has been accepted for processing and the environmental document
is being prepared;
5. The
request has been accepted for processing but no work has been done
on the environmental document;
6. The
request has been accepted for processing, all materials requested
by the Office of Planning and Environmental Review have been received,
application fees have been paid, and all fees have been received by
that department.
(SCC 233 § 1, 1975; SCC
0715 § 1, 1988; SCC 0817 § 1,
1991; SCC 0909 § 2, 1993; SCC 1400 § 28, 2008; SCC 1606 § 66,
2017; SCC 1667 § 6, 2020)
Application forms for amendments to the general plan and community
plans shall be filed with the Secretary on forms provided for that
purpose.
A. If
the application is to change property from one land use category to
another, the application shall be accompanied by the following:
1. A
map drawn to scale showing the property for which the change is requested
and the exterior property lines of the properties within 500 feet
of the exterior boundary lines of the subject property. In any case
the map shall show the exterior boundary lines of the nearest property;
2. The
names and addresses and assessor's parcel numbers of the property
owners for the properties shown on the map as listed on the latest
assessment roll;
3. A filing and investigation fee as specified in Section
21.12.030 of this chapter;
4. The
existing land use for the properties shown on the map;
5. The
adopted and proposed land use categories as shown on the general plan
and applicable community plan of the land for which the reclassification
is requested and the surrounding properties;
6. A
general description of the proposed use of the subject property;
7. The
Secretary of the Planning Commission or the Director of the Office
of Planning and Environmental Review may require additional information
necessary to show the need or desirability or the proposed change.
B. If
the application is to change the text of the General plan or community
plans, the application shall be accompanied by the following:
1. Citation
or reference to the page, section and element of the adopted plan
for which the change is proposed;
2. The
text of the section for which the change is proposed, showing by interlineation
the portions of the text proposed to be deleted, and by underlining
the proposed additions to the text;
3. A
statement of the reason for and desirability of the proposed change;
4. A filing and investigation fee as specified in Section
21.12.030 of this chapter.
C. As
soon as practicable after receipt from the Office of Planning and
Environmental Review of the proposed environmental document related
to any project, the Planning Director shall cause the posting of notice
of the application and the hearing on the property subject to any
application. Such posted notice shall be in a form and shall contain
such content as may be approved and required, from time to time, by
the Planning Director. Such posted notice shall be maintained by the
applicant until removed by the Planning Director or the Director's
agent. The applicant shall be responsible for any costs of replacing
the notice should it be removed or destroyed prior to removal by the
Planning Director.
(SCC 233 § 1, 1975; SCC
0909 § 3, 1993; SCC 1341 § 1,
2006; SCC 1606 § 67, 2017)
A fee shall be charged for the purpose of investigating and
processing an application to change land use designations or the text
of the general plan, a specific plan, or a community plan. The Board
of Supervisors shall be resolution prescribe the fee schedule as provided
in this section.
(SCC 233 § 1, 1975)
Fees are not refundable except when all of the following conditions
exist:
A. Expenditures
have not been made by the County with regard to the application or
petition.
B. Investigation
has not been made as a result of the application or petition.
C. The
application or petition has not been set for public hearing. The determination
of the Secretary of the Planning Commission shall be final in all
questions relating to refunds.
(SCC 233 § 1, 1975; SCC
1606 § 68, 2017)
No fee, charge or expense may be waived as to any applicant
for amendments pursuant to this chapter. No fee will be required or
charged persons where property is included in a resolution of intention
adopted by the Planning Commission or the Board of Supervisors initiating
proceedings pursuant to the provisions of this chapter, or where such
property is included within a resolution of a community council requesting
a hearing by the Policy Planning Commission.
(SCC 233 § 1, 1975)
Upon receipt of an application or adoption of a resolution of intention adopted pursuant to Section
21.12.015, the Secretary shall set the matter for hearing before the County Planning Commission, and shall cause a notice of the time and place of said hearing, including general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper of general circulation at least 10 calendar days before the hearing. General plan amendment hearings shall be scheduled consistent with the resolution adopted by the Board as provided in Section
21.12.015. In addition to notice by publication, the secretary may give notice of the hearing in such other manner as the policy planning commission may deem necessary or desirable. Any failure by the secretary to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter.
A copy of the application or resolution of intention, with a
copy of the notice of the date of hearing, shall be forwarded by the
secretary to any community council affected by the matter for a recommendation
to the County Planning Commission. The community council shall report
its advisory recommendation via transmittal to the commission.
(SCC 233 § 1, 1975; SCC
1400 § 29, 2008; SCC 1667 § 6,
2020)
After a public hearing has been held by the County Planning
Commission, the Commission may approve or disapprove the matter being
considered. The approval of the County Planning Commission shall be
as follows:
1. If
the matter is a general plan or any amendment to such plan, the approval
shall be by resolution of the Commission.
2. If
the matter is a community plan, the approval shall be by memorandum
of the County Planning Commission to the Board of Supervisors.
Where the matter has been initiated by resolution of the Board
of Supervisors, the County Planning Commission shall hold a public
hearing as provided in this chapter, and shall report its recommendation
to the Board of Supervisors not later than 90 days after the adoption
of the resolution by the Board of Supervisors.
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(SCC 233 § 1, 1975; SCC
430 § 1, 1980; SCC 0909 § 4,
1993; SCC 1400 § 30, 2008)
A. Upon receipt of a recommendation of the County Planning Commission for the adoption of the general plan or community plan, or for an amendment to a community plan, the Clerk of the Board of Supervisors shall set the matter for a public hearing before the Board of Supervisors. When the recommendation is made to amend a mandatory element of the general plan, the Clerk of the Board of Supervisors shall set the matter for hearing at the next regular tri-annual meeting for hearing General Plan amendments pursuant to the Board resolution adopted pursuant to Section
21.12.015. The Clerk of the Board of Supervisors shall cause a notice of the time and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper with general circulation at least ten calendar days before the hearing. In addition to notice by publication, the Clerk of the Board of Supervisors may give notice of the hearing in such other manner as the Board of Supervisors may deem necessary or desirable. Any failure by the Clerk to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter.
B. The
Board of Supervisors may continue the matter from time to time, or
approve, modify or disapprove the recommendation of the Planning Commission,
provided that any modification of the proposed ordinance or amendment
by the Board of Supervisors not previously considered by the County
Planning Commission shall first be referred to the County Planning
Commission for a report and recommendation on the proposed modification,
but the Planning Commission shall not be required to hold a public
hearing thereon. Failure of the Planning Commission to report within
40 days after the reference, or such longer period as may be designated
by the Board of Supervisors, shall be deemed to be approval of the
proposed modification.
C. The
approval and adoption of the general plan or community plan, or amendment
of any such plan, shall be by resolution of the Board of Supervisors;
and such plan or amendment shall be endorsed by the Clerk of the Board
of Supervisors to show that it has been adopted.
(SCC 233 § 1, 1975; SCC
430 § 2, 1980; SCC 0909 § 5,
1993; SCC 1400 § 31, 2008)
Any interested person may petition the Board to review any determination
of the County Planning Commission relating to the adoption and amendment
of general plans by filing a petition with the Clerk of the Board
within 10 calendar days after the matter has been decided by the County
Planning Commission.
(SCC 233 § 1, 1975; SCC
430 § 3, 1980; SCC 0909 § 6,
1993; SCC 1400 § 32, 2008)
Upon receipt of a petition for review initiated pursuant to Section
21.12.060, the Clerk of the Board shall within fifteen calendar days schedule the matter of the petition on the Board's agenda. The board shall either reject the petition or shall order the Clerk to schedule the matter for a public hearing. If the matter is scheduled for public hearing, notice thereof shall be given as provided in Section
21.12.055. Petitioner shall pay a fee specified as in the resolution adopted pursuant to Section
21.12.055; provided, however, no fee shall be charged for a petition for review if the vote of the policy planning commission results in a two-to-two tie vote by the members thereof.
(SCC 233 § 1 (part) 1975; SCC 430 § 4, 1980)
The Board shall hear the petition of review and shall procedurally treat the petition as an appeal of a determination of the County Planning Commission. The Board shall approve or disapprove the matter; however, if the matter is approved, the Board shall first refer the matter to the County Planning Commission for a report, if required, as provided in Section
21.12.055. The Board shall, if the matter is approved, find that the approval is in the public interest as required by Section 653561 of the
Government Code.
(SCC 233 § 1, 1975; SCC
430 § 5, 1980; SCC 1400 § 33,
2008)
Any interested party may appeal a decision of the County Planning Commission relating to a community plan adoption or amendment by filing an appeal with the Clerk of the Board within ten calendar days after the matter has been decided by the County Planning Commission. The appeal shall be accompanied by a fee to be specified in the resolution adopted pursuant to Section
21.12.030; provided, however, no fee shall be charged for an appeal if a vote of the County Planning Commission results in a tie vote by the members thereof. Any such appeal shall be denominated in any notice, agenda, or other official reference to such appeal as a petition of review of community plan amendment. Upon receipt of the notice of appeal, the Clerk of the Board shall set a hearing before the Board of Supervisors and shall give notice thereof, as provided by Section
21.12.055. The secretary shall transmit all pertinent records which relate to the matter of the appeal to the Clerk of the Board in advance of the hearing.
(SCC 430 § 6, 1980; SCC
1400 § 34, 2008)
The Board shall hear the matter of the appeal de novo and shall approve or disapprove the matter. If the Board determines to approve the appeal, it shall first refer the matter to the County Planning Commission for a report, as provided in Section
21.12.055.
(SCC 430 § 7, 1980; SCC
1400 § 35, 2008)