§ 35.490

The purpose of this Chapter is to describe the authority and responsibilities of the Board, Montecito Commission, Director, Montecito Board of Architectural Review, Department, and County staff in the administration of this Development Code.

As provided by Article V of Chapter 2 of the County Code, pursuant to the provisions of Section 65100 of the California Government Code, the Montecito Planning Commission is designated to be the Planning Agency for the unincorporated portion of the County located within the Montecito Planning area as designated by the Montecito Community Plan, with the powers and duties described in Section 35.490.040 (Montecito Commission) below.

The Board of Supervisors denoted as "Board" within this Development Code shall perform the duties and functions prescribed in this Development Code, which include the following:

A.

Review authority on specified planning matters. Final decisions on Comprehensive Plan Amendments, Development Agreements, Development Code Amendments, Specific Plans and Amendments, Zoning Map Amendments, environmental documents associated with the preceding project types, and other applicable policy or ordinance matters related to the County's planning process; and

B.

Appeals. The review of appeals filed from Montecito Commission decisions.

The above listed functions shall be performed in compliance with Section 35.470.020 (Authority for Land Use and Zoning Decisions), Table 7-1 (Review Authority), and the California Environmental Quality Act.

A.

Appointment. The Montecito Commission shall be constituted in compliance with Article V of Chapter 2 of the County Code.

B.

Duties and authority. The Montecito Commission shall perform the duties and functions prescribed by State law and this Development Code, including the following:

1.

The review and approval, conditional approval or denial of development projects under the jurisdiction of the Montecito Commission as described in Table 7-1 (Review Authority); and

2.

The making of recommendations to the Board for final decisions on Comprehensive Plan Amendments, Development Agreements, Development Code Amendments, Specific Plans and amendments, Zoning Map Amendments, environmental documents associated with the preceding project types, and other applicable policy or ordinance matters related to the County's planning process within the Montecito Community Plan Area.

3.

The Montecito Commission may make a recommendation for action on Comprehensive Plan amendments to the County Planning Commission where the property affected by such initiation, consideration, or recommendation is not solely located within the Montecito Community Plan Area.

The above listed functions shall be performed in compliance with Section 35.470.020 (Authority for Land Use and Zoning Decisions), Table 7-1 (Review Authority), and the California Environmental Quality Act.

A.

Appointment. The Director shall be appointed by the County Board of Supervisors.

B.

Duties and authority. The Director shall:

1.

Have the responsibility to perform all of the functions designated by State law;

2.

Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Section 35.470.020 (Authority for Land Use and Zoning Decisions), Table 7-1 (Review Authority), State law (Government Code Section 65901 et seq.), and the California Environmental Quality Act;

3.

Perform other responsibilities assigned by the Board and the Montecito Commission and;

4.

Delegate the responsibilities of the Director to Department staff under the supervision of the Director.

C.

Responsibility of the Director. Wherever this Development Code makes reference to "staff" it is expressly understood that staff is acting under the direction and control of the Director and that they report directly to the Director rather than the Montecito Commission or the Board.

35.490.060 - Montecito Board of Architectural Review

A.

Appointment. The Montecito Board of Architectural Review shall be shall be constituted in compliance with Article V of Chapter 2 of the County Code.

B.

Duties and authority. The Montecito Board of Architectural Review shall review all applicable project proposals in compliance with Section 35.472.070 (Design Review) and shall report their findings to the applicable review authority.

CHAPTER 35.491 - NONCONFORMING USES, STRUCTURES, AND LOTS