Del Norte County Municipal Code Ch. 21 50A — California Coastal Zone Entitlement Procedures--General Plan

21.50A.10 Definition

21.50A.20 Frequency Limitation 21.50A.30 Application Review 21.50A.40 Notification 21.50A.50 Hearings

21.50A.60 Coastal Element Amendment; LCP-LUP Amendments

A General Plan amendment is an entitlement which consists of a change of text and/or mapping for any element of the adopted Del Norte County General Plan. A finding by either the planning commission or board of supervisors as part of a specific entitlement review (such as a rezoning, land subdivision or use permit) which clarifies the intent of the General Plan (e.g., the specific location on a parcel of the boundary between two land use designations) shall not be deemed an amendment thereto.

(Ord. 83-03 (part), 1983)

The mandatory elements of the General Plan (including the Coastal Element) shall not be amended more frequently than three times during any one calendar year. Each amendment however, may include several different changes.

(Ord. 83-03 (part), 1983)

1. Content. Application for a General Plan amendment shall be made to the county planning office on a form provided by said office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed, signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plat map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as maybe requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee, as prescribed in the current fee schedule resolution of the board of supervisors.

2. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

   2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

3. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission hearing and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, any applicable regulations and/or policies, any responses to comment submitted regarding the project and a recommendation for findings and/or conditions, if any.

(Ord. 83-03 (part), 1983)

1. The county shall provide notice of pending General Plan amendment application which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the applicant.

   3. The number assigned to the application.

   4. A description of the development and its proposed location.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

2. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's coastal zone and to the Coastal Commission; and

   2. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed when a subdivision or zoning amendment is not a part of the project or within three hundred feet when a zoning amendment or subdivision is a part of the project except that when notice for a zoning amendment would be sent to greater than one thousand owners, alternative notice in a newspaper of general circulation pursuant to Government Code Section 65854.5 may be utilized; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

3. For the purposes of this section:

   1. "Property owners" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(Ord. 83-03 (part), 1983)

21.50A.50 Hearings

1. General Plan amendments shall be heard by the planning commission at the date, time and place set forth in the required public notice.

2. Following the public hearing for a General Plan amendment, the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific finding, such as Local Coastal Program performance and setting forth the commission's recommendation including any conditions or changes.

3. The board of supervisors, upon receipt of a commission report for a General Plan amendment shall set the matter for a public hearing and shall give notice thereof as set forth in Section 21.50A.40. The board may approve, modify or disapprove any recommendation of the commission. Any modification of the proposed amendment shall be referred back to the commission for a report and recommendation. The board also may, by resolution, abandon any proceedings for an amendment initiated by its own action, provided that such abandonment may be made only when such proceedings are before such body as a hearing for which required notice has been given.

(Ord. 83-03 (part), 1983)

21.50A.60 Coastal Element Amendment; LCP-LUP Amendments

1. An amendment to the General Plan Coastal Element shall constitute an amendment to the Local Coastal Program-Land Use Plan (LCP-LUP). Upon completion of local review procedure, set forth in this chapter, the county shall submit a proposed LCP-LUP amendment to the California Coastal Commission for review and certification.

2. No General Plan Coastal Element amendment shall take effect until it has been certified by the California Coastal Commission.

(Ord. 83-03 (part), 1983)