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HomeMy WebLinkAbout79-020~. INITIAL` ZOi~ING A. The owner or o~m.ers sha11 subm.it, on ~orm provided by the Planning Department, an application to the Planning Department. If the application is incomplete, the owner or owners sha11 be so notified. If the application is.determined to be complete, the Planning Director shall send a copy to the forest property appraiser for the appraiser's recommendation. B. The Planning Commission sha1l set a public hearing on the proposed zoning. Notice of the time, date and place of said hearing, including a general explanation of the matter to be con- sidered and including a general description of the area affected, shall. be given at least ten (10) calendar days before the hearing in the following manner: 1. Votice sha11 be published at least o~nce in a news- paper of general ca.rculation, published and circulated in the county; 2. Notzce of the heazing sha11 be given by mail or delivery to all persons, including businesses, corpora~ions or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the sub3ect of the proposed zoning change; 3. Irt the event that the number of persons to whom notices would be sent pursuan~ to subdivision (2) 1lereof is greater than One Th.ousand (1000}, the Planning Commission may, as an alterna- tive to the notice required by subdivision (2), provide notice pur- suant to this subdivision. Such notice shall be given at least ten (10) days prior to the hearing bp either of the ~ollowing pxocedures: PROCEDURE FOR TIMBER PR~S~RVE ZONING -2- , a. By placing a di.splay advertisement of ar , least one-fourth page in the newspaper having the greatest circulat~.on w~tha~n the area affected by the proposed zoning change and at least one addi- ' tional newspaper having general circulation wi~hin such area, if such additional newspaper is avaiZable, or b. By placing an insert wzth any generalized mailing sent by the county to property owners in the area affected by the proposed zoning change, such as billings for county service areas. C. Any evidence to ~e received by the Planning Commission at the public hearing, other than oral testimony, unless re~ected by Planning Commission when offered, sha11 be surrendered to the Clerk of the Commission and become the property of the Covnty o~ Butte. The Planning Director shall be the custodian of the record of the' Planning Cormnission and sha11 keep, for at least twelve (12) ~nonths following ~his presentation to the Commission, all evidence received by the Commission at a public hearing. At any time after ~welve (12) months following this presentation, the Planning Director may dis;pose of any such evidence in any manner the Director shall deezn pzoper'. The Planning Director may, upon the expirati.on of twelcre (12) months following a public hearing, release any evidence to the person or persons ~aho presented that evidence at Che p~blic hearing so long as such person or persons request in wriCing to the Planning Director not more than sixty (60) days nor less ttzan thirty (30) days prior to the expiration of the twelve (12) month period. : l. Ilotwithstanding the provisions of the above paragraph, the Pla~c~.ning Director shall forward to the C1erk of the Board of Supervisors all evidence received when the matter hea~d by the Planning Commission zesules in a recommendation to the Board of Supervisors from the action of the Planning Commissi~on.. Upon receipt by the Clerk of the Board of Supervisors the evidence forwarded pursuant to thi.s section, the C1erk of the Board of Supervisors shall becom.e public custadian thereof and the twelve {12) month period sha11 commence after final action by the Board of Supervisors. _ _._ _ . _ ~_ ~ ~ -3- D. Fo1lo~caing the public hearing, the Planning Commission shall render its decision in the form of a written recommendation to the Board of Supervisors. Such recommendations shall inclv.de the reasons for th.e recommendation, the relationship of the pro- posed amendment to the Butte County General P1an and any specific plan.. The recomrnendation shall be transmitted to the Board of Super- visors within ninety (90) days after the date the hearin.g was closed ~o the public. E. Upon receipt o~ any recommenda~i.ons from the Planni.n~. Commission which recommends that the zor~.ing proposal be approved, the Board of Supervisors shall set the mat~er for a public hearing and shall give notice of the ~ime, date and place of sai~d hearing at least ten (10) days prior to ~he hearing in the same manner as pzo- vided ~'or the giving of notice by the Plannzng Commission. In any case in which the recomcnendatian of the Planning Comnission is to deny the proposed rezone, the Board of Superv~.sors shall not be required to take any further action thereon unless the own.er or owners sl~all request such a hearing by filing a written requesC, therefore, with the Cleric of the Board not later than. 5:00 p.m. on the fifth day following the date the Plann.i.ng Commission ~i1es its recommendation witYc the Board; provided, that if said fif'th day fa11s on a legal holiday, the xequest for hearing may be filed by 5:00 p.m. on the nex~ day in which the o£fice o~ the Clerk is opened for busi- ness. Upon receipt of such a request for hearing, the Clerk shall immediately forward a copy of said request ro the Planning Commission. If tlze Boa~d of Supervisors sets a hearing following the recommendation for approval by the Planning Commission or i.f tk~e owner or owners requesr such public hearing following a denial by the Planning Commission, the Soard of Supervisors shal.l take action upon the proposed zoning witnin ninety (90) days from Che date ot receipt of the Planning Conmission's initial recommendation. Tf no action is taken within said ninety (90) days, the proposed zoning sha~.1 be deeiaed denied. -4- F. An owner or o~an.ers whose proposed zoning to TPZ is ; denied, may petition the Board of Supervisors for a rehearing on the proposed zonin~. II RE'LONYNG ~'ROM TIP4BER t10U'NTAIN PRESERVE ZO~dE A. The owner or owners shall submit a written apnlica~ion reques~ing rezoning, to the Planning Department, at l.east ziine~y (90) daqs prior to the anniversary date of the initial zoning. Hearings shall be held as provided for in Part Z, Paragraphs B- E. B. The Board ot Supervisors may approve, modify or disapprove the recomrnendation of tlie Planning Commission; provided that any znodi- fication of the ~roposed amendment by the Board sha11 first be referred to the Planning Commission for repor~ and recommendation, but the' PZanning Commission shall not be required to hold a public hearin~ thereon. Failure of the Planning Commission to report wi.thin fourty (40) days after the modification is referred to it, sha11 be deemed to be approval of the proposed modification by the Planning Comm~.ssion.. C. All actions by the Planning Commi.ssion and the Board of Supervisors shall be completed within One Fiundzed Twenty (120) days of receipt of the written notice of the owner or owners desire ~o rezone the parcel or parcels. If action is not completed ~ri~hin the One Hundred 'I~aenty (120) days, tlze petition for rezone shall be deemed denied. D. Tne decision of the Planning Commission and the Board of Supervisors shall be by majority vote of the fu11 body E. If the nwner or owners petit~.on ~or rezone is approved, the new zone sha11 become effective ten (10) years from the date of approval. F. If ehe owner or owners petition for the rezone is deniec~, the o~vner or owners may petition the Soard of Supervisors for a re- hearing.