If property-owner initiated, the draft specific plan shall be filed with the Department, and shall be accompanied by the fee in compliance with the Planning Fee Schedule. The draft plan shall be processed in the same manner as required for general plans by State law, and as follows:
(a) Director’s Evaluation.
(1) After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this Chapter.
(2) If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.
(3) When a draft plan is returned by the applicant to the Department and the Director determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing.
(b) Staff Report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption; and
(c) Public Hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Board before its adoption, as follows:
(1) Commission.
(A) The Director shall schedule a public hearing on the proposed specific plan.
(B) The hearing shall receive public notice and be conducted in compliance with Chapter 86.07 (Public Hearings).
(C) After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Board in compliance with § 86.14.070(a) (Board’s Action), below.
(2) Board.
(A) After receipt of the Commission’s recommendation, the Board shall conduct a public hearing on the specific plan. The hearing shall receive public notice and be conducted in compliance with Chapter 7 (Public Hearings).
(B) After the hearing, the Board may adopt the specific plan, disapprove the plan, or adopt the plan with changes, with appropriate findings in compliance with § 86.14.070(a) (Board’s Action), below; provided, changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law.
(C) Failure of the Commission to report within 45 days after the referral, or a longer period set by the Board, shall be deemed a recommendation for the approval of the changes.
(Ord. 4011, passed - -2007)