§ 17.92.080. Zoning plan amendments.

A.

The regulations of any zone district established pursuant to this title or the uncodified provisions of Ordinance 378 may be amended by changing the boundaries of districts, reclassifying land from one district to another district or districts or combinations thereof, or by changing any other provisions thereof whenever the amendments would further the public necessity, convenience and general welfare.

B.

An amendment is initiated by the board of supervisors or the planning commission by adoption of a resolution of intention to make the amendment or by an application for amendment made in writing on a form prescribed by the director of resource management. An application shall be accompanied by statements, plans or maps required to show the necessity for and scope of the proposed amendment as may be prescribed by the director of resource management.

C.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the amendment application, and no further action shall be taken upon it.

D.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors.

E.

All applications shall be reviewed by county staff. The report of county staff shall be forwarded to the planning commission prior to the hearing on the application.

F.

The planning department shall prepare an analysis of the consistency or inconsistency of the proposed amendment with the general plan, and any applicable specific plan.

G.

The planning commission shall hold a public hearing on each proposed amendment. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed amendment. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required, unless the director of resource management determines otherwise. Additional notice of any amendment may be given if the director of resource management deems it necessary or desirable, and shall be given if the board of supervisors so directs.

H.

After the hearing, the planning commission shall render its decision, in the form of a written resolution, which shall include a recommendation to the board of supervisors for action on the proposed amendment, the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to the general plan and any applicable specific plan. The director of resource management shall cause a report of the planning commission's action to be filed with the clerk of the board within ten working days after the planning commission's decision.

I.

If the planning commission has recommended approval of the proposed amendment, the board of supervisors shall set the matter for public hearing before it. If the proposed amendment would change property from one district to another, and the planning commission has recommended against adoption of the amendment, the board need take no further action on the amendment unless an interested person files a written request for a hearing with the clerk of the board within five days after the commission's recommendation is filed with the clerk. The notice provisions of subsection G of this section apply to hearings held under this subsection.

J.

The board of supervisors may approve or disapprove any recommendation of the planning commission, provided any modification of the proposed ordinance or amendment by the board, which was not considered by the planning commission during its hearing, shall first be referred to the planning commission for its recommendation. The planning commission shall not be required to hold a public hearing on the proposed modification. If the planning commission fails to make its recommendation within forty days after the board refers it to the planning commission, or any longer period the board may set, the modification shall be deemed approved by the planning commission.

K.

The board or the planning commission may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided the proposed amendment is then pending before it for consideration and provided that any public hearing on the amendment for which notice has been given is first held. An applicant may withdraw his application at any time, provided any public hearing on the amendment, for which notice has been given, is first held, and the amendment is not required as a condition of approval of a development project.

(Ord. 95-3 § 102, 1995; prior code § 5.05.080)