The purpose of this Article is to establish procedures for amending this Chapter. These procedures shall apply to all proposals to change any property from one zone to another or to amend the text of this Chapter. This Chapter may be amended by the Board of Supervisors whenever the public health, safety, or general welfare, good zoning practice, and consistency with the General Plan justify such action and, for amendment to this chapter in conjunction with a hazardous waste facility whenever such amendments are consistent with the portions of the County Hazardous Waste Management Plan (CHWMP) which identify specific sites or siting criteria for hazardous waste facilities.

(Am. Ord. 3945—7/10/90; Am. Ord. 4092—6/27/95)

Changes to the boundaries of any zone, changes to the zoning or land use classifications of any property, and amendments to the text of this Chapter shall be considered to be amendments to this Chapter.

Proposals to amend this Chapter may be initiated by any of the following methods:

a.

By the adoption of a Resolution of Intention by the Board of Supervisors requesting the Planning Commission to set the matter for study, hearing and recommendation within a reasonable time;

b.

By the adoption of a Resolution of Intention by the Planning Commission setting the matter for study, hearing and recommendation;

c.

By a request from the Planning Director to the Planning Commission, followed by the adoption of a Resolution of Intention by the Planning Commission setting the matter for study, hearing and recommendation;

d.

By filing with the Planning Division a complete application for (1) a zone change by the owner of the property, by a person with a power of attorney from the owner or by the attorney at law of the owner; or (2) a proposal for an ordinance text amendment by an interested person, in which case such person shall be directed to make the request directly to the Board of Supervisors; or

(Am. Ord. 3730—5/7/85)

e.

By Planning Director action, for proposed amendments to the text of this Chapter.

(Add Ord. 3730—5/7/85)

The Planning Director, upon review of an application or Resolution of Intention for an amendment, may elect to include a larger area or additional land in the study of the amendment request.

The decision-making authority(s) shall each hold at least one public hearing on any amendment request. The notice and hearing requirements shall be the same as those prescribed in Section 8111-3. For rezonings involving T-P zoned property, see Section 8109-4.3.

(Am. Ord. 3730—5/7/85; Am. Ord. 4123—9/17/96—grammar)

The Planning Commission shall forward to the Board of Supervisors by resolution those requests for which the Planning Commission recommends approval of the adoption of an ordinance amendment. Such recommendation must include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans. Said resolution shall be forwarded to the Board of Supervisors within 40 days following the close of the Planning Commission hearing thereon, unless the 40 days is waived by the Board of Supervisors.

Amendment requests initiated by private parties, the Planning Director, or the Planning Commission which the Planning Commission has recommended for denial shall not be forwarded to the Board of Supervisors, and the action of the Planning Commission shall be final unless an appeal is filed in accordance with Article 11. Amendment requests initiated by the Board of Supervisors for which the Planning Commission has recommended denial shall be forwarded to the Board of Supervisors within 40 days following the close of the Planning Commission hearing.

If the Planning Commission fails to act upon a request initiated by the Board of Supervisors within a reasonable time, the Board may by written notice require that the report be rendered up within 40 days of such notice. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public hearing as required. Failure to so report to the Board of Supervisors within the 40 days shall be deemed to be approval by the Planning Commission.

Following a public hearing, the Board of Supervisors may approve, modify or disapprove any Planning Commission recommendation regarding an amendment request; provided that any modification of the proposed ordinance or amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred to the Commission for a report and recommendation, and the public hearing shall be continued to allow sufficient time for the Planning Commission to report back. The Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within 40 days after such referral or within a period of time designated by the Board of Supervisors shall be deemed to be approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" if the modification of the proposed ordinance or amendment by the Board of Supervisors is based upon the issues and evidence initially heard by the Planning Commission.

A zone change may be denied with prejudice, in which event no further application shall be filed affecting all or part of the property for the ensuing 18 months except as otherwise specified at the time of denial. A zone change may be denied with prejudice on the grounds that two or more similar applications for zone change have been denied in the past two years, or that other good cause exists for limiting the filing of applications with respect to the property. The Planning Commission, upon being presented with good cause, may permit an applicant to apply for a zone change on the same property within 18 months. Upon denial by the Planning Commission the applicant may appeal to the Board of Supervisors.

The Board shall announce its decision by resolution within 30 days after the conclusion of the hearing. The resolution need not contain a recital of findings upon which the decision is predicated if its decision is based upon the report of findings, summaries of hearing and recommendations of the Planning Commission, and those findings are incorporated by reference in its decision. The Board may impose reasonable conditions on any amendment request for the protection of public health, safety, and general welfare.

Decisions of the Planning Commission or Board of Supervisors, as the case may be, shall be noticed in accordance with Section 8111-5.3.

(Am. Ord. 3730—5/7/85)