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A. Staff review:
1. The applicant shall submit the specific plan and site analysis to the county planning division for review and comment.
2. The plan shall be reviewed as follows:
a. Planning staff shall review the documents and notify the applicant of their adequacy for commission public hearing and the determination regarding compliance with the comprehensive plan within thirty days of submittal.
b. If no changes have been recommended, planning staff shall schedule the plan for a public hearing. Comments on changes shall be returned within ten days of receipt of such changes.
3. When the specific plan request is scheduled for public hearing, the planning division shall prepare a report which, at a minimum:
b. Assesses the site analysis;
c. Analyzes the expected impact of the proposed development on the site and surroundings;
d. Contains a departmental recommendation to the commission;
e. Recommends (if necessary) special regulations for the proposed specific plan;
f. Includes the comments and conditions of other affected county departments and public agencies.
g. If applicable, evaluates the conformance of the specific plan request to the performance standards of Chapter 18.67 (Buffer Overylay Zone).
4. Availability of report: The staff report shall be available for public inspection fifteen days prior to the date of commission public hearing.
B. Public review and comment:
1. In accordance with Section 18.90.040B3, except that the applicant shall provide written proof of contact and offer of meeting to the planning department at least thirty days prior to the date of public hearing by the commission.
2. At the meeting, copies of the site analysis and proposed specific plan that have been accepted for public hearing shall be available and the applicant shall describe significant deviations by the specific plan from existing regulations and the proposed density transfer mechanism.
C. Study session: A planning and zoning commission study session for review of the specific plan may be scheduled after submittal of the specific plan. At the discretion of the chair of the commission, and after proper notice, the study session may be held at the specific plan site.
D. Public notice:
1. A minimum of fifteen days prior to the hearing, the planning division shall provide notice by:
a. Publication once in a newspaper of general circulation in the county seat; and
b. Posting of the property to be considered at the hearing; and
c. Mailing written notice to all property owners within the specific plan district and all property owners within six hundred feet of the district, except that notice shall be expanded to include owners of property within one thousand feet of the district if existing zoning of the district is RH, GR-1, SR or SR-2.
2. Expansion of notice: The commission may expand the notification area to greater than six hundred feet, which shall be noticed prior to a public hearing.
3. Failure to provide written notice to, or the omission of the name of, a property owner shall not invalidate an action of the commission.
4. When the area of the specific plan district is smaller than the area defined by the property line boundaries of parcels included in the specific plan, the notification area shall be measured from the property line boundaries, unless the planning official determines that it is not necessary for public awareness of the proposal.
E. Public hearing.
1. After proper public notice, the planning and zoning commission shall hold a public hearing on the application, at which all interested parties shall be heard.
2. The commission shall recommend regulations necessary to protect the public health, safety and welfare, and may recommend regulations unique to the plan or special instructions for plan administration.
3. The commission shall vote by separate motion on specific plan regulations that supplement or supersede adopted county zoning regulations.
4. The commission may continue the public hearing, for a definite time not to exceed three months, on its own initiative or at the request of the applicant or affected property owners.
5. After the public hearing, the planning department shall transmit the findings and recommendations of the commission to the board of supervisors, except as provided in Section 18.90.060G.
6. The planning department may also transmit alternative recommendations when staff and commission opinions differ.
F. Department evaluation:
1. The planning department is authorized to evaluate recommendations of the commission when enforceability is uncertain.
2. If such evaluation results in, or implies, a change in intent, as determined by the commission legal advisor, the evaluation shall be submitted to the commission for its decision prior to transmittal of commission findings to the supervisors.
3. All evaluations shall be submitted to the commission for noticed public hearing at the next regular commission public meeting.
G. Limitations on application:
1. The applicant shall have three months from the date of final commission action to request a board of supervisors public hearing on the application. If a request is not submitted, the application shall be closed, due to lack of further action.
2. Upon written request to the planning director, a single thirty-day extension may be provided.
(Ord. 2017-3 § 5 (part), 2017; Ord. 2007-41 § 4, 2007; Ord. 1999-79 § 1 (part), 1999; Ord. 1998-51 § 4, 1998; Ord. 1998-39 § 3, 1998; Ord. 1995-94 § 2 (part), 1995; Ord. 1994-114 § 5 (part), 1994; Ord. 1994-11 § 2 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1987-64 § 1 (part), 1987)
A. Public notice: Public notice of the board of supervisors hearing shall be provided in accordance with Section 18.90.060E.
B. Protest petition and voting requirement:
1. A three-fourths vote of all members of the board of supervisors shall be required for approval, if written protest submitted to the supervisors two business days prior to the public hearing totals at least twenty percent of the owners of property, by area and number, within three hundred feet of the specific plan district.
2. In calculating protest by area, only that portion of a lot or parcel of record situated within three hundred feet of the specific plan district shall be included. In calculating protest by number or area, county property and public rights-of-way shall not be included.
3. Written withdrawals of protest to a specific plan may be submitted until the close of the supervisors' public hearing.
4. If the existing zoning of the specific plan district includes RH, GR-1, SR or SR-2, the planning division shall provide to the supervisors an additional calculation of written protests submitted from owners of property within the one thousand foot notification area.
C. Public hearing:
1. After proper public notice, the board of supervisors shall hold a public hearing on the application, at which all interested parties shall be heard.
2. The supervisors may continue the public hearing, for a definite time not to exceed nine months, on their own initiative or at the request of the applicant or affected property owners.
3. The supervisors may approve the specific plan, amend planning and zoning commission recommendations or approve additional specific plan conditions, or deny the request. Substantial changes shall be referred to the commission in accordance with Section 18.90.080C.
4. The supervisors shall vote by separate motion on specific plan regulations that supplement or supersede adopted county zoning regulations.
5. If approved, the specific plan is subject to departmental evaluation of enforceability of regulations approved by the supervisors (refer to Section 18.90.070D).
D. Department evaluation:
1. The planning division is authorized to evaluate specific plan regulations approved by the supervisors when enforceability is uncertain.
2. If such evaluation results in, or implies, a change in intent, as determined by the supervisors' legal advisor, the evaluation shall be submitted to the supervisors at a public hearing within thirty days of approval.
(Ord. 2017-3 § 5 (part), 2017; Ord 1999-79 § 1 (part), 1999; Ord. 1998-35 § 1 (part), 1998; Ord. 1994-114 § 5 (part), 1994; Ord. 1987-64 § 1 (part), 1987)
A. Specific plan ordinance adoption:
1. The board of supervisors may add conditions at a public hearing after the date of approval and before ordinance adoption when such additions are determined necessary for the public health, safety or welfare.
2. The board of supervisors shall adopt an ordinance changing the zoning district to the specific plan district no later than thirty days after specific plan approval.
3. Existing zoning and the land use plan recommendation for the property shall remain in effect and permits based on the approved specific plan shall not be issued until a specific plan ordinance for the property is adopted by the supervisors.
4. Upon adoption of the specific plan ordinance, the specific plan shall become the zoning district of the subject property and shall replace the existing zoning designation on the official county zoning map.
B. Density transfer:
1. The planning director may permit the transfer of densities to more suitable locations within the specific plan; provided:
a. The locations and procedures for such transfers are explicitly stated within the plan; and
b. The overall density of the plan or individual planning area is not exceeded.
2. The specific plan shall designate density donor and recipient areas within which density transfers are permitted. In areas adjacent to uses of similar or less intensity, appropriate buffer areas shall be delineated by an individual specific plan to be designated only as donor areas.
3. The total number of units transferred to a recipient area shall not exceed ten percent of the number of dwelling units established for the area; individual specific plans may establish a lower maximum transfer percentage. Any transfer greater than the established maximum transfer percentage is a substantial change (refer to Section 18.90.080C).
C. Specific plan substantial changes:
1. Scope: All specific plans shall describe in sufficient detail the criteria and process for amendment based on the minimum requirements of this section.
2. Consistency: All specific plan amendments shall be in substantial conformance with the remainder of the specific plan and shall be in compliance with the comprehensive plan in accordance with Section 18.90.030.E.
3. Procedure:
a. The owner or agent of the property may submit to the planning department a written application to amend one or more of the specific plan regulations;
b. The request shall be accompanied by documentation of unforeseen changes in the marketplace, government regulations or natural conditions that have occurred since plan adoption and that create special hardship due to unique circumstances of the subject property;
c. The planning director shall determine if the amendment would result in a substantial change in plan regulations, which is a change in a:
1) Density regulation, if the number of residences per acre increases by more than ten percent or exceeds the maximum number of dwelling units (dwelling-unit cap) permitted within the plan; or
2) Policy regulation, when the regulation is a policy or a variation of a policy contained in an applicable land use plan; or
3) Design regulation, when change is to be made to quantified physical dimensions (such as buffers) which were established to adapt the plan to specific site characteristics or mitigate development impacts on the site and surrounding area; or
4) Use regulation, when a use not otherwise permitted in the specific plan is sought.
d. If the request is determined to be an insubstantial change, the proposed amendment shall require a noticed public hearing and action by the board of supervisors. In addition, the supervisors may refer any amendment request to the planning and zoning commission for its recommendation prior to taking action.
e. If the request is determined to be a substantial change, the planning director shall refer the request to the commission for noticed public hearing and recommendation prior to public hearing by the supervisors. Specific plan substantial changes that occur after board of supervisors' approval of the specific plan (Section 18.90.070.C) are subject to protest petition procedures.
f. A substantial change may require, as determined necessary by the planning director, submittal of an amended site analysis.
g. For all hearings, the planning division shall prepare a staff report in accordance with Section 18.90.060A.
(Ord. 1998-35 § 1 (part), 1998; Ord. 1994-114 § 5 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1987-64 § 1 (part), 1987)
A. Plan administration: The planning and development services department is the lead agency for the administration of specific plans and shall coordinate the procedures and review by applicable county departments and other agencies.
B. Plan implementation procedures:
1. The implementation of specific plans shall be in accordance with the procedures of this code.
2. Specific plans may establish additional implementation procedures, provided such methods are not in conflict with required procedures and are fully described by the specific plan.
C. Assurances:
1. Standard assurances in accordance with Section 18.69.070 (Subdivision Standards) are required for specific plans that include the subdivision of land.
2. Master assurances are required for specific plans that comprise phases of development that are to be established by master block recording, or, at the discretion of the county engineer, for specific plans that will not be subdivided.
D. Plan implementation monitoring:
1. The principal owner or developer of the specific plan shall prepare an annual implementation monitoring report for review by applicable county departments and submittal at public hearings by the planning and zoning commission and the board of supervisors.
2. The report shall describe in acceptable form and detail:
a. Project adherence to schedules established by the specific plan;
b. The number of dwelling units proposed, platted and permitted, and the allocation of the balance of approved units;
c. A record of zoning violations charged to the project; and
d. Such items as shall be established by adopted county policy.
E. Plan enforcement: The enforcement of specific plan regulations shall be in accordance with Chapter 18.95 (Compliance and Enforcement).
(Ord. 1987-64 § 1 (part), 1987)