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50.1 PURPOSE

The General Plan of Humboldt County is a dynamic document that can be modified to reflect changing social, economic or environmental conditions, or changes in state law. As the Plan is updated, need may arise for changes in zoning district boundaries and other regulations.

Likely changes include: changing zoning boundaries, changing property from one zone to another, imposing new regulations, or deleting obsolete or unnecessary sections. (Former Section INL#317-1; Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 2214, 6/6/00)

50.2 AUTHORITY TO MAKE AMENDMENTS

The Board of Supervisors shall have the authority to initiate, grant, deny, or modify proposed amendments to these Zoning Regulations in accordance with the provisions of this Code and State Law. (Former Section INL#317-1; CZ#A316-1; Ord. 894, Sec. 1, 12/19/72)

50.3 REQUIRED FINDINGS FOR ALL AMENDMENTS

Amendments to this Division may be approved only if the following findings are made: (Former Section INL#317-9; CZ#A316-9; Ord. 894, Sec. 1, 12/19/72)

50.3.1The amendment is in the public interest; and (Former Section INL#317-9; CZ#A316-9(a))

50.3.2The amendment is consistent with the County General Plan. (Former Section INL#317-9; CZ#A316-9(b))

50.3.3If the amendment requires a Local Coastal Plan Amendment, the amendment is in conformity with the policies of Chapter 3 (commencing with Section 30200) of the Coastal Act. (Ord. 2214, 6/6/2000)

50.3.4The proposed amendment does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law (the mid point of the density range specified in the plan designation) unless the following written findings are made supported by substantial evidence:

50.3.4.1The reduction is consistent with the adopted general plan, including the housing element, and

50.3.4.2The remaining sites identified in the housing element are adequate to accommodate the County’s share of the regional housing need pursuant to Section 65584 of the Government Code, and

50.3.4.3The property contains insurmountable physical or environmental limitations and clustering of residential units on the developable portions has been maximized.

50.4 INITIATING AMENDMENTS

50.4.1Amendments to the zoning code and maps may be initiated by a majority vote of the Board of Supervisors based on: (Former Section CZ#A316-2; Amended by Ord. 2214, 6/6/00)

50.4.1.1Recommendation of any Board member; (Ord. 2214, 6/6/2000)

50.4.1.2Recommendation of the County Planning Commission; (Former Section CZ#A316-2(a)(1); CZ#A316-4(a)(1))

50.4.1.3Recommendation of the County Community Development Services Department; (Former Section CZ#A316-2(a)(2); CZ#A316-4(a)(2))

50.4.1.4Receipt of a petition for amendment, pursuant to Section 312-50.5, by the owner of the property within the area proposed for reclassification. If the area proposed for reclassification is in more than one (1) ownership, at least fifty percent (50%) of the property owners or the owners of not less than sixty percent (60%) of the land area included in the application shall join in filing the application. (Former Section INL#317-2; CZ#A316-2(A)(3); CZ#A316-4(A)(3); Ord. 894, Sec. 1, 12/19/72)

50.4.2The Director of the Community Development Services Department may initiate an amendment to the maps of the Zoning Regulations for minor amendments of the zone district boundaries. For the purpose of this section a minor zone boundary adjustment shall include the adjustment of zone district boundaries to be coterminous with parcel boundaries where a zone district boundary dissects a parcel into more than one zone district, or in conjunction with a lot line adjustment. Zoning map amendments initiated by the Director shall be reviewed and processed in accordance with these regulations. (Former Section CZ#A316-1(B); Amended by Ord. 2214, 6/6/00)

50.5 PETITION FORM, FILING, AND FEE

50.5.1A petition for amendment of these regulations or zoning maps shall be made on the prescribed form and filed with the Department. The petition fee established by the Board of Supervisors shall be paid when the petition is filed. (Former Section INL#317-3; CZ#A316-5(A); Ord. 894, Sec. 1, 12/19/72)

50.5.2The petition for amendment shall include information concerning the need and reason for amendment. The applicant must demonstrate that the change will be in the public interest, is consistent with the General Plan and, if the amendment requires a Local Coastal Plan Amendment, that the amendment is in conformity with the policies of Chapter 3 (commencing with Section 30200) of the Coastal Act. (Former Section INL#317-3; CZ#A316-5(B); Amended by Ord. 2214, 6/6/00)

50.5.3A petition to amend the maps of the Zoning Regulations shall include a map of the proposed amendment area depicting the affected area by assessor’s parcel number. (Former Section CZ#A316-5(C))

50.5.4The Department shall not accept for filing any petition for amendment of the County Zoning Regulations or zoning maps that does not conform with the requirements of these regulations, or is clearly inconsistent with the General Plan. (Former Section INL#317-3; CZ#A316-5(D))

50.6 PETITION IN CONJUNCTION WITH A GENERAL PLAN AMENDMENT

A petition for amendment of the text or the zoning maps of the Zoning Regulations may also be initiated in conjunction with a petition for a General Plan amendment. (Former Section INL#317-2, 317-3; CZ#A316-2, A316-4(B); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 2214, 6/6/00)

50.7 PROCESSING OF PROPOSED AMENDMENTS

The Community Development Services Department shall process an application for amendment as follows:

50.7.1 Administrative Review. The Department shall process the application for amendment through the project review process in accordance with Sections 65800 through 65863.9 of the California Government Code, Sections 21000 through 21177 of the California Public Resources Code and Sections 15000 through 15387 of Title 14 of the California Code of Regulations, or any successor provisions to the statutes and regulations listed in this subsection. (Former Section INL#317-4, 317-5(b), 317-5(c); CZ#A316-6(A); Ord. 894, Sec. 1, 12/19/72; Ord. 1107, Sec. 1, 11/9/76; Amended by Ord. 1251, Sec. 1, 8/15/78; Amended by Ord. 2214, 6/6/00)

50.7.2 Planning Commission Hearing.

50.7.2.1After Administrative Review, the Planning Commission shall hold a duly noticed public hearing on the application for amendment. Notice shall be given pursuant to Sections 65090 through 65094 of the California Government Code. (Former Section INL#317-4, 317-5(a), 317-5(b); CZ#A316-6(B); Ord. 894, Sec. 1, 12/19/72; Ord. 1107, Sec. 1, 11/9/76; Amended by Ord. 1251, Sec. 1, 8/15/78)

50.7.2.2At the Public Hearing, the Planning Commission shall review the proposed amendment and shall receive pertinent evidence relating to the following: (Former Section INL#317-6(a)(1); Amended by Ord. 2214, 6/6/00)

50.7.2.2.1Whether the proposed amendment is in the public interest; and, (Former Section INL#317-6(a)(1); Amended by Ord. 2214, 6/6/00)

50.7.2.2.2Whether the proposed amendment is consistent with the General Plan. (Former Section INL#317-6(a)(2); Amended by Ord. 2214, 6/6/00)

50.7.2.2.3If the amendment requires a Local Coastal Plan Amendment, whether the amendment is in conformity with the policies of Chapter 3 (commencing with Section 30200) of the Coastal Act. (Ord. 2214, 6/6/2000)

50.7.2.3The Public Hearing may be continued if necessary, but shall be concluded within a reasonable period. (Former Section INL#317-7; Ord. 1007, Sec. 1, 11/9/76))

50.7.3 Planning Commission Recommendation. After the hearing, the Commission shall make a recommendation on the application for amendment to the Board of Supervisors. Failure of the Planning Commission to make a recommendation within thirty (30) working days after the conclusion of the hearing, shall be deemed to be a recommendation for denial of the application for amendment. (Former Section INL#317-7; CZ#A316-6(C); Ord. 894, Sec. 1, 12/19/72; Ord. 1107, Sec. 1, 11/9/76; Amended by Ord. 1251, Sec. 1, 8/15/78; Amended by Ord. 2214, 6/6/00)

50.7.4 Board of Supervisors Hearing.

50.7.4.1 Scheduling. Upon receipt of the Planning Commission’s recommendation, the Board of Supervisors shall schedule a duly noticed public hearing on the proposed amendment. Notice shall be given pursuant to Sections 65090 through 65094 of the California Government Code. (Former Section INL#317-8; CZ#A316- 6(D); Amended by Ord. 2214, 6/6/00)

50.7.4.2 When the Board Shall Not Be Required to Hold a Hearing Nor Take Any Further Action. If the amendment involves change of property from one zone to another, and the Planning Commission has recommended that the proposed amendment be denied, the Board shall not be required to hold a hearing nor take any further action unless any interested party files a written request for hearing with the Clerk of the Board no later than five (5) calendar days after the Planning Commission recommendations are filed with the Board. The fee for a request for hearing established by the Board of Supervisors shall be paid when the request is filed. The request shall identify the grounds for the request. (Former Section INL#317- 8; CZ#A316-6(D); Ord. 1516, Sec. 1, 3/30/82; Amended by Ord. 1609, Sec. 1, 8/9/83;

Amended by Ord. 2214, 6/6/00)

50.7.4.3 Public Hearing. At the Public Hearing the Board of Supervisors shall review the proposed amendment and may receive pertinent evidence on the following matters: (Former Section INL#317-9(a); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 2214, 6/6/00)

50.7.4.3.1Whether the proposed amendment is in the public interest; and, (Former Section INL#317-9(a)(1); Amended by Ord. 2214, 6/6/00)

50.7.4.3.2Whether the proposed amendment is consistent with the General Plan. (Former Section INL#317-9(a)(2); Amended by Ord. 2214, 6/6/00)

50.7.4.3.3If the amendment requires a Local Coastal Plan Amendment, whether the amendment is in conformity with the policies of Chapter 3 (commencing with Section 30200) of the Coastal Act. (Ord. 2214, 6/6/2000)

50.7.5Board of Supervisors Action

50.7.5.1For all amendments to the Zoning Code or Maps, the Board of Supervisors may approve, modify or disapprove the recommendation of the Planning Commission. Any substantial modification by the Board of Supervisors during its Public Hearing, which was not previously considered by the Planning Commission, shall first be referred to the Planning Commission for report and recommendation. Failure of the Planning Commission to report within forty (40) calendar days after the referral, or a longer period designated by the Board of Supervisors, shall be deemed as approval. (Former Section INL#317-10(b); Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 2214, 6/6/00)

50.7.5.2After the hearing, the Board of Supervisors shall render a decision on the application for amendment. Failure of the Board of Supervisors to render its decision on the matter within thirty (30) working days of the conclusion of the hearing shall be deemed to be a denial of the application for amendment. The Board of Supervisors may approve the proposed reclassification if it makes the required findings related to the evidence received. The Board of Supervisors may also impose conditions necessary to promote public health, safety, and welfare. (Former Section INL#317-9(a)(1), 317-9(a)(2), 317-9(b), 317-10(c); CZ#A316-6(E); Ord. 894, Sec. 1, 12/19/72; Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 2214, 6/6/00)

50.7.6 Notice of Action. Within ten (10) working days after a decision by the Board of Supervisors, the Clerk of the Board shall give notice of the decision to the petitioner for the amendment and any other party who has requested such notice. Notice of the decision shall be provided to the Coastal Commission for an amendment that affects property within the Humboldt County Coastal Zone. (Former Section CZ#A316-6(F); Amended by Ord. 2214, 6/6/00)

50.7.7 Notice of Environmental Determination. Following each amendment approved by the Board of Supervisors, a Notice of Determination shall be filed pursuant to all requirements of Sections 15075 and 15094 of the California Code of Regulations and Section 21152 of the California Public Resources Code, or any successor provisions thereto. (Former Section CZ#A316-6(G); Amended by Ord. 2214, 6/6/00)

50.7.8 Coastal Commission Certification. An approval of an application for amendment that affects property within the Humboldt County Coastal Zone shall not become effective until the amendment has been approved and certified by the Coastal Commission. (Former Section CZ#A316-6(H))

50.7.9 Limits to Reapplication for Zone Reclassification. Following the grant or denial of an application for a Zone Reclassification, no new application shall be accepted within one (1) year for the same or substantially the same property. (Former Section INL#317-11; Ord. 894, Sec. 1, 12/19/72)

50.8 SUPPLEMENTAL TIMBERLAND PRODUCTION ZONING PROCEDURES

50.8.1After November 1977, an owner of real property may apply to zone land as Timberland Production. This application shall be made directly to the Department and does not require Board of Supervisor’s authorization to process. The Board of Supervisors, pursuant to these Regulations and Public Resources Code Section 51110.2, shall zone as Timberland Production all parcels submitted to it pursuant to this Section, which meet all of the following criteria:

50.8.1.1A map shall be prepared showing the legal description of or the assessor’s parcel number of the property desired to be zoned Timberland Production Zone. (Former Section CZ#A316-7(A); Amended by Ord. 2214, 6/6/00)

50.8.1.2A plan for forest management of the property must be prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section CZ#A316-7(B))

50.8.1.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as Timberland Production and the owner fails to meet such stocking standards and forest practice rules within this time period, the Board of Supervisors may rezone the parcel pursuant to Section 51121 of the Government Code. (Former Section CZ#A316-7(C); Amended by Ord. 2214, 6/6/00)

50.8.1.4The land to be rezoned Timberland Production shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or contiguous parcels as defined in Section 51100 of the Government Code, which are 160 acres or one-quarter section in size or larger. (Former Section CZ#A316-7(D); Amended by Ord. 2214, 6/6/00)

50.8.1.5The land to be rezoned Timberland Production shall be twenty (20) acres or more of “good site III” or better, or 160 acres or more of “site IV” or better as defined in Section 434 of the Revenue and Taxation Code, or any successor provision thereto. (Former Section CZ#A316-7(E))

50.8.1.6The existing uses on the parcel must be uses permitted in the TPZ zone. (Former Section CZ#A316-7(F) )

50.8.2 Rezoning From Timberland Production To a Different Zone. Rezoning of the land from Timberland Production Zone (TPZ) to another zoning district shall be in conformance with the requirements of the Forest Taxation Reform Act of 1976, in addition to the requirements of these zoning regulations. (Former Section CZ#A316-8)