§ 22.44

This Chapter applies to all existing Master Plans and Precise Development Plans, to Planned Developments in Planned zoning districts, and to subdivisions in Planned zoning districts that are subject to Final Maps. Master Plans or Master Plan amendments, as appropriate, are required for these types of projects unless they are exempt or waived by the provisions of this Chapter.

(Ord. No. 3666, § II(exh. A), 2017)

The following types of development are exempt from the requirements of a Master Plan or Master Plan amendment:

A.

Affordable housing, except where an applicable Community Plan or community based visioning plan approved by the Board contains policies that directly require Master Plans for development on specific properties.

B.

For non-residential development, a change in use where the proposed use is allowed as a permitted use in the zoning district, as identified with "P" in the land use tables in Article II (Zoning Districts and Allowable Land Uses) provided there is no increase in building area.

C.

Development that the Director determines is minor and incidental to a principally permitted use on the site.

(Ord. No. 3666, § II(exh. A), 2017)

In response to a proposal to deviate from the standards of a Master Plan adopted prior to January 1, 2017, the requirement for a Master Plan amendment is waived for an eligible project provided it meets the waiver criteria listed below, and the project shall instead be subject to a Conditional or Master Use Permit and/or

Design Review, in compliance with Chapters 22.48 (Conditional Use Permit) 22.49 (Master Use Permit), 22.42 (Design Review) and this Section.

All Precise Development Plan amendments are subject to Chapter 22.42 (Design Review), since the Precise Development Plan is an antiquated entitlement.

In order for the requirements of a Master Plan amendment to be waived, a project that is eligible for waiver must meet the following criteria:

1.

Be consistent with the Countywide Plan and any applicable Community Plan and Local Coastal Program;

2.

Be designed so that potential impacts can be properly addressed through Use Permit and/or Design Review procedures, in compliance with Chapters 22.48 (Conditional Use Permits) or 22.49 (Master Use Permits) and 22.42 (Design Review);

3.

Not involve a Transfer of Development Rights.

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

A.

Filing. An application for a Master Plan shall be submitted, filed, and processed in compliance with and in the manner described in Chapter 22.40 (Application Filing and Processing, Fees).

Master Plan application forms are available online and at the Agency's public service counter.

1.

Area covered by plan. The area of the Master Plan shall include at least all contiguous properties under the same ownership. The area covered by a proposed plan may also include multiple ownerships.

2.

Processing. A Master Plan may be reviewed in conjunction with other land use permits, with only a Master Use Permit, or the Agency may require that a Master Plan be approved before reviewing any other land use permit applications.

3.

Development Agreement. A Master Plan may be approved in conjunction with a Development Agreement (Govt. Code 65865).

Application materials. Applications for Master Plan or Master Plan amendment approval shall include the information and materials required by Section 22.40.030 (Application Submittal and Filing).

B.

Project review procedure. Each application shall be analyzed by the Agency to ensure that the application is consistent with the purpose and intent of this Chapter and with the Countywide Plan and Community or Specific Plans.

(Ord. No. 3666, § II(exh. A), 2017)

A.

A new Master Plan shall set forth criteria for future development. Such criteria may be required to include the following:

1.

Density, lot areas and dimensions.

2.

Development areas, open space areas, and environmental buffers.

3.

Site planning, circulation and parking.

4.

Areas of grading, storm water management, and landscaping.

5.

Structure height, building and floor area, floor area ratio, lot coverage, and setbacks.

6.

Architectural and site design.

B.

A new Master Plan shall establish clear and unambiguous review procedures for future development, including:

1.

Development subject to ministerial review to ensure compliance with established Master Plan criteria.

Development subject to discretionary review to ensure compliance with established Master Plan criteria.

3.

Procedures to deviate from established Master Plan criteria.

C.

Master Plan amendments shall be reviewed on the basis of the proposed revisions, and need not establish new development criteria or review procedures for future development.

(Ord. No. 3666, § II(exh. A), 2017)

A.

Master Plan and Master Plan amendment adoption.

1.

Action by Commission. The Commission may recommend approval, conditional approval, or denial of an application. The Commission's actions may specify any condition which is likely to benefit the general welfare of future residents in the development and the purposes of the district, or mitigate any impacts which may result from implementation of the development.

2.

Action by Board. The Board may approve, conditionally approve, or deny the Master Plan as recommended by the Commission. Any modification of the plan may be referred back to the Commission. The decision is a legislative act and shall be adopted by ordinance.

When a Master Plan is processed concurrently with any other permit or entitlement, the Board shall be the final authority on all associated permits and entitlements.

3.

Findings for Master Plans and Master Plan amendments. Master Plan and Master Plan amendment applications may only be approved or conditionally approved when they are consistent with the findings listed below.

a.

The Master Plan or Master Plan amendment is consistent with the goals, policies, objectives, and programs of the Countywide Plan and any applicable Community Plan.

b.

The Master Plan or Master Plan Amendment is suitable for the site, and the future development would be able to conform to the Discretionary Development Standards.

c.

The proposed Master Plan or Master Plan amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County.

B.

Notice of action and/or hearing date. Public hearings on a proposed Master Plan or Master Plan amendment applications shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions). The Director may provide expanded public notice to ensure maximum public awareness of an application. In addition to the requirements of Chapter 22.118 (Notice, Public Hearings, and Administrative Actions), where a Master Plan or an amendment to a Master Plan is proposed, a public notice may be mailed or delivered at least 10 days prior to the decision to all owner(s) of real property that comprise the area encompassed by the Master Plan that is the subject of the amendment.

(Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

22.44.080 - Master Plan Rescission Applications.

A.

Master Plan Rescission.

1.

Action by Commission. The Commission may recommend approval, conditional approval, or denial of an application to rescind a vested Master Plan.

2.

Action by Board. The Board may approve, conditionally approve, or deny an application to rescind a vested Master Plan as recommended by the Commission. The decision is a legislative act and shall be adopted by ordinance.

B.

Notice of action and/or hearing date. Public hearings on a proposed Master Plan rescission application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions). The Director may provide expanded public notice to ensure maximum public awareness of an application. In addition to the requirements of Chapter 22.118 (Notice, Public Hearings, and Administrative Actions), a public notice may be mailed or delivered at least 10 days prior to the decision to all owner(s) of real property that comprise the area encompassed by the Master Plan that is the subject of the amendment.

(Ord. No. 3666, § II(exh. A), 2017)

Chapter 22.46 - FLOATING HOME EXCEPTIONS[[6]]

Footnotes:

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Editor's note— Ord. No. 3666, § II(exh. A), adopted March 14, 2017, retitled Ch. 22.46 from "Floating Home Adjustments and Deviations" to read as herein set out.