A.

An amendment to the provisions of this title which changes any property from one zone to another or imposes any regulations listed in California Government Code Section 65850 not theretofore imposed, or removes or modifies any such regulation theretofore imposed, shall be adopted in the manner set forth in this chapter. Interim ordinances adopted as urgency measures pursuant to California Government Code Section 65858 may be adopted pursuant to the provisions of that section. Any other amendment to the provisions of this title may be adopted in the same manner as other ordinances.

B.

It is intended that this chapter conform to provisions of state planning law concerned with the adoption and administration of zoning laws, ordinances and rules and regulations, commencing with Government Code Section 65800, and changes that may be made to such provisions of said law are to be deemed to be incorporated herein.

(Ord. 867 § 15, 1988: Ord. 511 § 1 (part), 1976: prior code § 12870)

An amendment to the text of any provisions of this title may be initiated by the board, the commission or any interested person. An application to transfer one or more parcels from one zoning district to another or to add or delete combination zoning district designations to or from one or more parcels may be initiated by the board, the commission or the owner of one or more of the affected properties or his or her duly authorized agent.

(Ord. 867 § 16, 1988: Ord. 511 § 1 (part), 1976: prior code § 12871)

When the board has requested the commission to study and report upon an amendment which is within the scope of this chapter and the commission fails to act upon such request within a reasonable time, the board may, by written notice, require the commission to render its report within forty days. Upon receipt of the written notice the commission, if it has not done so, shall conduct the public hearing as required by Section 18.136.040. Failure to so report to the board within the above time period shall be deemed to be approval by the commission of the proposed amendment.

(Ord. 511 § 1 (part), 1976: prior code § 12872)

A.

The commission shall hold a public hearing on any amendment filed pursuant to Section 18.136.020. Notice of the date, time and place of said hearing, the fact that the hearing will be held before the planning commission, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing shall be published once at least ten calendar days prior to the hearing in a newspaper of general circulation, published and circulated in the county.

B.

Notice meeting the informational requirements of subsection (A) of this section shall also be mailed or delivered at least ten calendar days before the hearing as follows:

1.

To the owner of the subject real property or the owner's duly authorized agent and to the project applicant;

2.

To any person who has filed a written request therefor with the commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. Such a request shall be accompanied by that fee established by resolution of the board of supervisors;

3.

To each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

4.

To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within one thousand feet of the real property that is the subject of the proposed zoning change. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used.

C.

In the event that the number of owners to whom notice would be sent pursuant to subsection (B)(1) or (4) of this section is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided to those persons identified in subsection (B)(1), (3) and (4) of this section by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least ten days prior to the hearing. Providing notice pursuant to this section shall not relieve the commission of the duty to notify any person who has requested special notice pursuant to subsection (B)(2) of this section.

D.

Subsection (B)(1), (3) and (4) of this section shall not apply to an amendment which does not affect the permitted uses of real property within the county.

E.

In addition to the notice required by this section, the commission may give notice of the hearing in any other manner it deems necessary or desirable.

F.

Failure to receive the notice required by this section shall not invalidate any amendment that is adopted.

G.

Any hearing may be continued from time to time at the discretion of the commission.

(Ord. 906 § 45, 1989; Ord. 867 § 17, 1988: Ord. 511 § 1 (part), 1976: prior code § 12873)

(Ord. No. 1379, § 174, 1-29-2013; Ord. No. 1395, § 7, 12-16-2014)

After the hearing, the commission shall render its decision in the form of a written recommendation to the board. Such recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to applicable general and specific plans. The recommendation shall be transmitted to the clerk of the board on or before the tenth day following the decision of the commission. The recommendation shall be deemed filed with the board for purposes of Section 18.136.060(C) on the date the recommendation is received by the clerk of the board.

(Ord. 1082 § 14, 1995; Ord. 867 § 18, 1988: Ord. 511 § 1 (part), 1976: prior code § 12874)

A.

Upon receipt of the recommendation of the commission, the board shall hold a public hearing on the proposed amendment.

B.

The clerk of the board shall schedule the matter for public hearing. Notice of the public hearing shall be given by publishing a notice containing the information required by Section 18.136.040(A) once in a newspaper of general circulation within the county at least ten calendar days prior to the hearing.

C.

Notwithstanding subparagraphs (A) and (B), if the matter under consideration is an amendment to this title to change property from one zone to another, and the commission has recommended against the adoption of such amendment, the board shall not be required to take any further action on the amendment unless an interested party requests a hearing by filing a written request with the clerk of the board within five days after the commission files its recommendations with the board.

D.

Any hearing may be continued from time to time.

(Ord. 1195 § 6, 2002; Ord. 1082 § 15, 1995; Ord. 867 § 19, 1988: Ord. 511 § 1 (part), 1976: prior code § 12875)

The board may approve, modify or disapprove the commission's recommendations; provided, that any modification of the proposed ordinance or amendment by the board not previously considered by the commission during its hearing shall first be referred to the commission for report and recommendations, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within forty days after the reference, or such longer period as the board may designate, shall be deemed to be approval by the commission of the proposed modification.

(Ord. 511 § 1 (part), 1976: prior code § 12876)

If an amendment to the provisions of this title is approved by the board which changes any property from one zone to another or adds or deletes a combination zoning district designation to or from one or more parcels, the clerk of the board shall, within thirty calendar days of such approval notify the Napa County assessor of the change.

(Ord. 867 § 20, 1988: prior code § 12877)