Chapter 48- Amendments
I. GENERAL PLAN MAP/LAND USE DESIGNATION AMENDMENTS
48.010 Initiation.
48.020 Planning Commission action.
48.030 Board action.
48.040 Covenants.
48.050 Reinitiation.
II. TEXT AMENDMENTS – GENERAL PLAN POLICIES, LAND DEVELOPMENT REGULATIONS
48.060 Initiation.
48.070 Planning Commission action.
48.080 Board action.
48.090 Reinitiation.
I. GENERAL PLAN MAP/LAND USE DESIGNATION AMENDMENTS
48.010 Initiation.
The provisions of this section, or portion thereof, to the extent that the same may be referred to in any specific procedure, shall govern in the initiation of proceedings. Initiation may be by:
- The adoption of a resolution of initiation by the Board of Supervisors;
- The adoption of a resolution of initiation by the Commission; or
- Filing with the Director an application signed by one or more of the record owners of the parcel of property that is the subject of the application or by an agent of the owner, authorized in writing, or by a public utility company or other agency with the powers of eminent domain. In the event that more than one parcel is submitted for district amendment, owners of parcels representing at least 60% of the area involved must sign the application. The names of all record owners of all land involved must be stated. A petition for amendment shall be on a form designated by the Commission, and shall be accompanied by the required application, environmental forms, and fee. In addition, the applicant shall also be assured that the proposed district amendment is consistent with this General Plan before his application is deemed accepted.
- General plan amendments addressing matters applicable throughout the county and/or not directly associated with specific parcels of land may be initiated only by the Planning Commission or Board of Supervisors.
48.020 Planning Commission action.
Decisions to change the classification of land from one adopted land use designation to another shall be the subject of a public hearing and noticed according to the requirements of Chapter 46, Noticing Requirements. The application shall be heard first before the Commission.
Prior to taking an action to approve or recommend approval of a change in district designation classification, the Commission shall find as follows:
- The proposed change in land use designation is consistent with the text and maps of this General Plan;
- The proposed change in land use designation is consistent with the goals and policies contained within any applicable area plan;
- The site of the proposed change in land use designation is suitable for any of the land uses permitted within that proposed land use designation;
- The proposed change in land use designation is reasonable and beneficial at this time; and
- The proposed change in land use designation will not have a substantial adverse effect on surrounding properties.
The Commission recommendation shall then be acted upon by the Board, excepting, however, that a recommendation for denial shall terminate any application for a change in land district classification unless it is appealed in accordance with the provisions of Chapter 47, Appeals. Excepting, however, an application for a change in land use designation, when accompanied by a land use application that requires an action by the Board of Supervisors, shall be referred without appeal to the Board of Supervisors.
48.030 Board action.
The Board of Supervisors shall act on the recommendation for the land use redesignation from the Commission at a public hearing noticed according to the requirements of Chapter 46, Noticing Requirements.
The Board may approve, modify or disapprove the recommendation of the Commission. If new information regarding the application is presented at the Board hearing that may have influenced the Commission recommendation, the Board may refer it back to the Commission for report and recommendation before taking action, but the Commission shall not be required to hold a public hearing thereon.
The action of the Board shall be the final administrative action.
48.040 Covenants.
Whenever performance of any condition or accomplishment of any development is required by the grant of a special permit or in connection with the redesignation of property, and the performance or accomplishment is to occur at or after a specified time, the Director may require the record owner of the land involved to execute a covenant running with the land in a form approved by the County Counsel, which shall contain the requirements imposed and it shall be recorded in the office of the County Recorder. The Director may issue releases from such covenants when they are no longer applicable (snow storage and joint parking agreements are common applications of this provision).
48.050 Reinitiation.
No matter initiated pursuant to Section 48.010C (Initiation), may be reinitiated for a period of one year from the date of final action denying or disapproving such matter, unless such action was specifically stated to be without prejudice.
II. TEXT AMENDMENTS – GENERAL PLAN POLICIES, LAND DEVELOPMENT REGULATIONS
48.060 Initiation.
- Amendments to the text of the General Plan or the land development regulations may be initiated by:
- The adoption of a resolution of initiation by the Board of Supervisors; and
- The adoption of a resolution of initiation by the Commission.
- General Plan text amendments may be initiated by either 1 or 2 delineated in A. above except that the processing of amendments to the text of this General Plan are limited by State law to four cycles per year, unless the amendment will qualify as an affordable housing project. There is also a one-year moratorium on General Plan amendments following the adoption of a newly prepared plan.
48.070 Planning Commission action.
Action to change the text of the land development regulations, or the text of any area plan or countywide General Plan element, shall be the subject of a public hearing and noticed according to the requirements of Chapter 46.020, Noticing Requirements.
After the hearing, the Commission shall render its decision in the form of a written recommendation to the Board. If it is a land development regulation amendment, the recommendation for approval shall include a finding that the proposed change to the text is consistent with this General Plan as well as any applicable area plans. Prior to making a recommendation to amend an area plan, the Commission shall find that the proposed adoption or amendment is consistent with the countywide General Plan.
A land development text amendment that imposes any regulation listed in Government Code Section 65860 (Adoption of Regulations), not theretofore imposed; or removes or modifies any such regulations theretofore imposed, shall be adopted as provided in this section.
48.080 Board action.
The Board of Supervisors shall act on the recommendation for the text amendment from the Commission at a public hearing and noticed according to the requirements of Chapter 46.020, Noticing Requirements.
The Board may approve, modify or deny the recommendation of the Commission. If new information regarding the application is presented at the Board hearing that may have influenced the Commission recommendation, the Board may refer it back to the Commission for report and recommendation before taking action, but the Commission shall not be required to hold a public hearing thereon.
The action of the Board shall be the final administrative action.
48.090 Reinitiation.
No matter indicated pursuant to Section 48.060(2) can be reinitiated for a period of one year, unless Board action was specifically stated to be without prejudice.
