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)