(a) Amendment Policy. The County Zoning Plan is intended to be a comprehensive, detailed appraisal of the County’s present and future needs for land-use allocations which are shown broadly on the adopted General Plan. In order to maintain a stable, desirable, well-balanced pattern of development throughout the unincorporated County area, amendments to the Zoning Plan are to be discouraged and made only upon adequate justification.
(1) To further this intention and to address the housing needs of County residents, the County shall require that within the Urban Services Line, any rezoning from a non-residential zone district to a residential zone district meet the following criteria:
(A) A minimum of 40% of all residential units or parcels resulting from the rezoning shall be affordable. At least one half of the affordable units shall be affordable to low income households. For parcels on which 100 or more units will be created, the units affordable to low income households shall include at least one half that are affordable to very low income households, resulting in a minimum of 10% of the total units being available to very low income households. If more than 10% of the units will be constructed for very low income households, the aggregate of very low and low income affordable units must total a minimum of 20% of the total units. All required affordable units shall be located on-site. If the calculation of the affordable housing obligation under Section 17.10.030(b) results in any fractional obligation above a whole unit, the project developer shall contribute funds equivalent to the fractional amount to the Measure J Trust Fund as provided in Section 17.10.034.
(B) These affordable units shall meet the requirements of Chapter 17.10 of the County Code, as applicable.
(b) Amendment Initiation. Amendment to the Zoning Plan may be initiated by a Resolution of Intention adopted by the Board of Supervisors upon its own motion or upon the recommendation of the Planning Commission, or an application by a property owner or other interested party having the owner’s authorization.
(c) Amendment Procedures. Amendments to the County Zoning Plan shall be processed as an Approval Level VII project pursuant to Chapter 18.10 and in accordance with the requirements of this section.
(d) Planning Commission Recommendation. After a public hearing, which may be continued from time to time, the Planning Commission shall send a written recommendation to the Board within ninety (90) days after the first notice of the hearing, unless the time limit has been extended by mutual agreement of the applicant and the Commission. The Commission’s recommendation shall include the reasons for the recommendation, the relationship of the proposed zoning amendment to the General Plan, and a statement regarding compliance with the California Environmental Quality Act. The Planning Commission shall recommend approval of a rezoning only if it determines that:
(1) The proposed zone district will allow a density of development and types of uses which are consistent with objectives and land-use designations of the adopted General Plan;
(2) The proposed zone district is appropriate to the level of utilities and community services available to the land; and
(3) One or more of the following findings can be made:
(A) The character of development in the area where the land is located has changed or is changing to such a degree that the public interest will be better served by a different zone district;
(B) The proposed rezoning is necessary to provide for a community-related use which was not anticipated when the Zoning Plan was adopted;
(C) The present zoning is the result of an error; or
(D) The present zoning is inconsistent with designation on the General Plan.
(e) Planning Commission Recommendation Against Amendment. If the Planning Commission recommends against a proposed amendment, their action shall be final unless the matter is subsequently considered upon appeal or special consideration by the Board of Supervisors, or unless the action is being processed concurrently with a project which requires Level VII approval.
(f) Board of Supervisors Action. The Clerk of the Board shall set a public hearing before the Board of Supervisors within thirty (30) days after the receipt of the report recommending a zoning amendment from the Planning Commission. The Board may approve, modify, or disapprove the Planning Commission’s recommendation, provided that any substantial modification of the proposed zoning amendment (including the imposition of regulations which are less restrictive than those proposed by the commission or changes in proposed dwelling density or use) which was not previously considered by the Planning Commission shall be referred to the Planning Commission for their report and recommendation. The Planning Commission is not required to hold a public hearing on the referral, and their failure to respond within forty (40) days shall constitute approval. Any hearing may be continued from time to time.
(g) Finality of Action on Amendments. No new application for a zoning amendment shall be filed for the same or substantially the same purpose on the same parcel within one year after its denial without the consent of the Planning Commission if no appeal was made, or without the consent of the Board of Supervisors if denied by the Board. A denial without prejudice shall allow the filing of a new application at any time for the same or substantially the same purpose. (Ord. 560, 7/14/68; 1029, 11/16/64; 1508, 4/21/70; 1863, 5/1/73; 1943, 10/4/73; 2142, 6/17/75; 2294, 5/25/76; 2823, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; 4764 § 3, 6/22/04; 4767 § 3, 8/3/04; Ord. 4783 § 3, 4/26/05; Ord. 4817 § 2, 3/7/06; Ord. 4843 § 1, 12/5/06)