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Mariposa County Unincorporated
City Zoning Code

17.128 Amendments

17.128.010 Purpose And Intent

The provisions of this title or the general plan or zoning classifications on individual parcels, may be amended in accordance with this chapter whenever the public interest requires such amendment.

HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988
Amended by Ord. 912 Sec. II on 1/7/1997

17.128.020 Initiation Of Action

An amendment to this title, or the general plan or zoning classifications on individual parcels, may be initiated by:

  1. The verified petition of one or more owners of property affected by the proposed amendment, such petition shall be filed with the planning department as an application in compliance with requirements established by the county, and accompanied by a fee as prescribed by the board of supervisors; or
  2. A resolution of intention by the board of supervisors; or
  3. A resolution of intention by the planning commission.
HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988
Amended by Ord. 912 Sec. II on 1/7/1997

17.128.030 Planning Commission Hearing

The planning commission shall hold a public hearing on any proposed amendment to this title or the general plan or zoning classifications on individual parcels after giving the public notice required by section 17.132 of this title, provided that if the amendment does not affect the permitted uses nor the intensity of uses of real property, section 17.132.020A and D shall not apply. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the planning director, and adopt a recommendation and submit this recommendation to the board of supervisors. The public hearing on a proposed amendment may be continued from time to time, provided that such hearing shall be completed and a recommendation adopted within sixty (60) days of the first noticed date of public hearing.

HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988
Amended by Ord. 912 Sec. II on 1/7/1997

17.128.040 Planning Commission Recommendation

After the public hearing, the planning commission shall submit a written recommendation to the board of supervisors on the proposed amendment, setting forth the reasons for the recommendation and findings on the matters stated in section 17.128.050C.

HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988
Amended by Ord. 912 Sec. II on 1/7/1997

17.128.050 Board Of Supervisors Hearing

  1. Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified by section 17.128.030.
  2. The board of supervisors may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of a proposed amendment by the board of supervisors not previously considered by the planning commission shall first be referred to the planning commission for report and recommendation. The planning commission is required to hold a public hearing on such referral. Failure by the planning commission to report within ninety (90) days after the referral shall be deemed approval of the proposed modification to the amendment.
  3. The board shall not approve the amendment unless it finds:
    1. That such an amendment is in the general public interest, and will not have a significant adverse affect on the general public health, safety, peace, and welfare;
    2. That such an amendment is desirable for the purpose of improving the Mariposa County General Plan with respect to providing a long term guide for county development and a short term basis for day-to-day decision making;
    3. That such an amendment conforms to the requirements of state law and county policy;
    4. That such an amendment is consistent with other guiding policies, goals, policies, and standards of the Mariposa County General Plan;
    5. In the case of an amendment to the zoning classification on an individual parcel or General Plan Land Use Map,
      1. the subject parcel is physically suitable (including, but not limited to access, provision of utilities and infrastructure, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development; and
      2. the proposed zoning is logical and desirable to provide expanded employment opportunities, or basic services to the immediate residential population or touring public.
HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988
Amended by Ord. 912 Sec. II on 1/7/1997

17.128.060 Abandonment Of Proceedings

Subsequent to the initiation of an amendment and prior to its enactment by the board of supervisors, the amendment proceedings may be terminated in the following ways:

  1. Any petition for an amendment may be withdrawn upon written application to the planning commission by a majority of the petitioners;
  2. The board of supervisors or the planning commission, as the case may be, may by resolution abandon proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when the matter is before such body for consideration, and provided that any hearing of which public notice has been given shall have been held.
HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.128.070 Concurrent Proceedings

Any amendment to the title, which requires an amendment to the Mariposa County General Plan, may be heard concurrently with the general plan amendment hearings provided that all requirements of both amendment procedures are complied with and provided that action on any general plan amendment is taken prior to action being taken on the amendment to this title.

HISTORY
Adopted by Ord. 704 Sec. 1 on 3/8/1988