Chapter 18.40
ZONING MAP AND ZONING ORDINANCE TEXT ADMINISTRATION1
Sections:
18.40.017 Previous code section.
18.40.050 Consistency with applicable specific plan, PUD or development agreement.
18.40.055 Zoning Ordinance and Zoning Map amendment.
18.40.060 Planning Commission recommendation.
18.40.070 Board of Supervisors action.
18.40.010 Purpose.
The purpose of this chapter is to establish procedures for the establishment, maintenance, and amendment of the County of Santa Cruz Zoning Ordinance as defined in SCCC 13.10.110 and the Zoning Map, consistent with the County of Santa Cruz General Plan, Local Coastal Program, and State law. [Ord. 5429 § 5, 2022].
18.40.015 Scope.
This chapter addresses procedures for maintaining and amending the County Zoning Ordinance text and Zoning Map. [Ord. 5429 § 5, 2022].
18.40.017 Previous code section.
Chapter 18.40 SCCC includes SCCC sections that have been relocated to this chapter as shown in Table 18.40.017-1:
|
Previous SCCC Section |
New SCCC Section |
Title |
|---|---|---|
|
Zoning Plan Amendment |
[Ord. 5429 § 5, 2022].
18.40.050 Consistency with applicable specific plan, PUD or development agreement.
(A) Consistency Requirement. The Zoning Map and Zoning Ordinance shall also be consistent with an applicable specific plan, planned unit development (PUD), or development agreement. “Consistency with,” as used in this section, means a more precise conformance with the terms of the applicable specific plan, PUD, or development agreement, as those are adopted by ordinance and are considered to provide more specific and precise use and development standards for the subject property. [Ord. 5429 § 5, 2022].
18.40.055 Zoning Ordinance and Zoning Map amendment.
(A) Amendment Policy. The County Zoning Ordinance and Zoning Map are intended to reflect a comprehensive assessment and projection of the County’s present and future needs for various types of land uses and developments, which are shown broadly on the adopted General Plan and Local Coastal Program Land Use Maps. In order to maintain a stable, desirable, well balanced pattern of development throughout the unincorporated County area, amendments to the Zoning Ordinance and Zoning Map shall be made only upon adequate justification.
(B) Amendment Initiation. Amendment to the Zoning Ordinance or Zoning Map 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 Map shall be processed as a legislative action requiring a recommendation by the Planning Commission and approval by the Board of Supervisors pursuant to Chapter 18.10 SCCC and in accordance with the requirements of this section. [Ord. 5429 § 5, 2022].
18.40.060 Planning Commission recommendation.
(A) 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 of Supervisors on any proposed amendment to the Zoning Ordinance or the Zoning Map. The Commission’s recommendation shall include the reasons for the recommendation, the relationship of the proposed changes to the General Plan, any Area or Town Plan, any applicable specific plan, PUD or development agreement, and shall also include 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;
(3) For amendments located within the Coastal Zone, the proposed rezoning maintains and provides for priority uses consistent with General Plan and Local Coastal Program Appendix G; and
(4) 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 Ordinance was adopted;
(c) The present zoning is the result of an error;
(d) The present zoning is inconsistent with the designation on the General Plan;
(e) The proposed rezoning is in the best interests of the public health, safety or welfare;
(f) A rezoning from nonresidential to residential use is appropriate in that the site has low commercial potential as reflected by existing vacancies, or outdated low-value improvements, or low employment density, or low market demand for commercial use of the site; or
(g) The site will accommodate housing type(s) that are needed to house the local workforce in support of the local economy.
(B) Planning Commission Recommendation Against Amendment. If the Planning Commission recommends against a proposed amendment, its 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 that requires review by the Board of Supervisors. [Ord. 5429 § 5, 2022].
18.40.070 Board of Supervisors action.
(A) Board of Supervisors Public Hearing. The Clerk of the Board shall set a public hearing before the Board of Supervisors within 30 days after the receipt of the report recommending a zoning amendment from the Planning Commission, or on the next available agenda after the 30-day period. The Board may approve, modify, or disapprove the Planning Commission’s recommendation; provided, that any 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 a report and recommendation. The Planning Commission is not required to hold a public hearing on the referral, and failure to respond within 40 days shall constitute approval. Any hearing may be continued from time to time.
(B) 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. 5429 § 5, 2022].
Code reviser’s note: Ordinances 5423 and 5429, adopted simultaneously to implement the County’s sustainability policy and regulatory update of 2022, both adopt amendments affecting SCCC 13.10.150 through 13.10.170. The code reflects the County’s intent to leave those sections in place as amended by Ordinance 5423, rather than relocating them to SCCC 18.40.020 through 18.40.040 as provided by Ordinance 5429. See County for more information.