This chapter establishes procedures for consideration and review of Amendments to the General Plan, Specific Plan, Zoning Code, and/or Zoning Map. This chapter addresses:.

(A)

Amendments to the General Plan (including the adoption of a new General Plan or any adoption or amendment of any Specific Plan), to address changes in state or federal law and any issues or opportunities that were unanticipated at the time of adoption or the last amendment; and.

(B)

Amendments to the Zoning Code and Zoning Map, including the rezoning of property, whenever the public necessity, general welfare, or good practice justify such an amendment, consistent with the General Plan.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

(A)

The Planning Commission may recommend and the Board of Supervisors may impose conditions to the zoning reclassification of property where said respective body finds that said conditions are necessary so as not to create problems inimical to the public health, safety, or general welfare of the County of Mendocino.

(B)

Execution of Contract. Where the Board of Supervisors does decide to impose such conditions to the zoning reclassification, it may refrain from adopting the rezoning ordinance until a unilateral contract describing the property is recorded with the County Recorder wherein the owners of the property to be rezoned promise to comply with said conditions upon the adopting of the rezoning ordinance. Such promises shall be deemed to run with the land, to be restrictive covenants and equitable servitudes. Such contracts shall include a consent by said property owners to the property being rezoned in the event of noncompliance with any of the conditions imposed.

(C)

Enforcement of Conditions. Any violation of or noncompliance with any condition imposed under this Section is deemed to be an unlawful act, a misdemeanor, a breach of contract, a breach of restrictive covenant, a breach of equitable servitude, and a public nuisance. Where violation or noncompliance occurs, the duly constituted authorities of the County shall, upon order of the Board of Supervisors, immediately commence a legal action or other proceeding for the abatement and removal and enjoinment thereof, including the removal or abatement of any building or structure constituting or causing such violation or noncompliance. A separate violation is deemed to have occurred for every day of noncompliance. The aforesaid remedies are cumulative and nonexclusive.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

The Planning Commission shall act as the recommending body for all Amendments to the General Plan text, General Plan Land Use Map, Specific Plan text, Specific Plan Map, Zoning Code text, and Zoning Code Map and provide recommendations to the Board of Supervisors. The Board of Supervisors shall act as the decision-making body, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Amendments to the General Plan text, General Plan Land Use Map, Zoning Code text, and Zoning Code Map

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

An Amendment to the General Plan, Specific Plan, Zoning Code, or Zoning Map may be initiated by:

(A)

A petition of the property owners affected by the proposed amendment, which petition shall be filed with the Planning and Building Services Department and shall be accompanied by a fee; or

(B)

the Director; or

(C)

Motion of the Board of Supervisors; or

(D)

Motion of the Planning Commission.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

(A)

Application. A qualified applicant shall submit an application accompanied by the required fees by the County. The Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Department may allow Amendments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.

(B)

Staff Report. The Department shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in this section for Zoning Amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required pursuant to CEQA shall not have a public hearing until the environmental document is complete.

(C)

Public Hearing and Notice. All Amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. The Department shall provide all notice of the public hearing required pursuant to Section 20.190.010. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

(A)

Recommendation to Board of Supervisors. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, consistency with General Plan, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a memorandum to the Board of Supervisors, prepared by the Director.

(B)

Recommendation for Approval. If the Planning Commission has recommended approval of the proposed amendment, the Board of Supervisors is required to take final action pursuant to Section 20.212.035.

(C)

Recommendation for Denial for Amendments to the Zoning Map, if the Planning Commission has recommended against the proposed amendment to the Zoning Map, the Board of Supervisors is not required to take any further action unless an appeal is filed in accordance with Chapter 20.208 (Appeals).

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

(A)

Board of Supervisors Hearing. After receiving the recommendation from the Planning Commission, the Board of Supervisors shall hold a hearing in accordance with Section 20.190.010. The notice for the hearing shall include a summary of the Planning Commission recommendation.

(B)

Board of Supervisors Action. After the conclusion of the hearing, the Board of Supervisors may approve, modify, or deny the proposed amendment. If the Board of Supervisors proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation. The Planning Commission shall not be required to officially consider the referral from the Board of Supervisors. If the Planning Commission does not report to the Board of Supervisors within forty-five (45) days after the referral, it shall be deemed that the Commission recommends approval, and the amendment shall be returned to Board of Supervisors for action.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

The Planning Commission shall not recommend, and the Board of Supervisors shall not approve a Zoning Code or Zoning Map Amendment unless the proposed amendment is found to be consistent with the General Plan. In the case of a combined General Plan amendment and change of zone or Zoning Code amendment, a finding may be made that the Zoning Amendment is consistent with the General Plan as proposed to be amended.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

Upon the consent of the Planning Commission or Board of Supervisors, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The Board of Supervisors or the Planning Commission, as the case may be, may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)

Whenever the zoning covering a property is changed from one zone to another with respect to any property, the Planning and Building Services Department shall, within thirty (30) days, notify the County Assessor.

(Ord. No. 4538, § 56(Exh. A), 9-10-2024)