§ 35.478

A.

Purpose. The purpose of the Specific Plan is to allow for a more precise level of planning for an area than is ordinarily possible in the Comprehensive Plan, and to provide for a mixture of uses through comprehensive site planning. Specific Plans recognize that one lot or a group of lots which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a single unit to ensure protection of valuable resources and to allow maximum flexibility in site planning.

B.

Intent. This Section is intended to guide the preparation of Specific Plans in compliance with Government Code Sections 65450 et seq.

A.

A Specific Plan shall be initiated in compliance with Government Code Section 65450 et seq.

If initiated by a property owner or authorized agent, an application for a Specific Plan shall be filed and processed in compliance with Chapter 35.470 (Permit Application Filing and Processing).

A.

Departmental processing of application. After receipt of the permit application, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

B.

Referral to the Subdivision/Development Review Committee. The Department shall refer the Specific Plan to the Subdivision/Development Review Committee for review and recommendation to the Montecito Commission.

C.

Public hearing required. The Montecito Commission shall hold at least one noticed public hearing on the Specific Plan. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

D.

Transmittal of the Montecito Commission's recommendation to the Board.

1.

The Montecito Commission's recommendation on the Specific Plan shall be transmitted to the Board by resolution of the Montecito Commission carried by the affirmative votes of not less than a majority of its total voting members. A draft ordinance adopting the Specific Plan shall accompany the resolution.

2.

The resolution shall be accompanied by a statement of the Montecito Commission's reasons for the recommendation.

E.

Board public hearing required. The Board shall hold at least one noticed public hearing before adopting the proposed Specific Plan. Notice of the time and place of the Board's hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

F.

Site development plan required. A Specific Plan shall not be considered adopted until a site development plan, together with the required accompanying data, has been approved by an ordinance of the Board after consideration at a noticed public hearing following a recommendation by the Montecito Commission.

G.

Zoning consistency with Specific Plan required. At the time of adoption of the Specific Plan, the Board shall determine whether the existing zoning on the subject property is consistent with the Specific Plan. If the Board finds that it is inconsistent, then either the County or the proponent of the Specific Plan shall initiate a Zoning Map Amendment to bring the zoning of the subject property into conformance with the Specific Plan.

H.

Referral of changes or additions to the Montecito Commission. The Board shall not make any change or addition to any proposed Specific Plan recommended by the Montecito Commission until the proposed change or addition has been referred back to the Montecito Commission for a report and a copy of the report has been filed with the Board. Failure of the Montecito Commission to report back to the Board within 40 days after the referral, or a longer period as may be designated by the Board, shall be deemed to

be approval of the proposed change or addition. It shall not be necessary for the Montecito Commission to hold a public hearing on the proposed change or addition.

I.

Final Development Plan required. No permits shall be issued for construction, erection, or occupancy of any structure, nor for grading, nor for any use of land which requires a Land Use Permit until a Final Development Plan, as required under the applicable zone, has been approved in compliance with Section 35.472.080 (Development Plans).

J.

Action by the Board. The adoption of the Specific Plan shall be by ordinance in compliance with Government Code Section 65453.

K.

Amendments to Specific Plan. Amendments to the Specific Plan shall be processed in the same manner as specified for adoption of an original Specific Plan in compliance with this Section.

A Specific Plan shall be adopted only if all of the following findings are first made:

A.

The Specific Plan is in conformance with and will implement all applicable Comprehensive Plan policies and incorporates any other conditions specifically applicable to the lots that are identified in the plan.

B.

The Specific Plan meets all of the applicable development standards included within the Montecito Community Plan.

C.

The Specific Plan will not adversely impact existing recreational facilities and uses.

D.

The Specific Plan will not be detrimental to the comfort, convenience, general welfare, health, and safety of the neighborhood.

E.

The Specific Plan will not adversely affect necessary community services (e.g., fire and police protection, sewage disposal, traffic circulation, and water supply).

DIVISION 35.9 - Montecito Land Use and Development Code Administration CHAPTER 35.490 - ADMINISTRATIVE RESPONSIBILITY