On February 8, 2000, the Board of Supervisors executed a Memorandum of Understanding to provide a protocol and structure for the consideration of amendments to the OCP (identified in Exhibit A) below. These amendments, if adopted in substantial conformity, would support the completion of litigation concerning the OCP (documents are linked below).
Background
On July 22, 1997, the Santa Barbara County Board of Supervisors adopted the Orcutt Community Plan ("OCP"). Pursuant to the California Environmental Quality Act ("CEQA"), the Board also certified the Final Environmental Impact Report (95-EIR-01) and Addendum prepared for the Orcutt Community Plan, made findings regarding mitigation measures, project alternatives, and unavoidable impacts, and adopted a statement of overriding considerations stating why the project was approved despite certain unavoidable significant impacts.
On October 2, 1997, the Orcutt Area Advisory Group and Citizens Planning Association of Santa Barbara filed civil action number 221244 in the Santa Barbara County Superior Court against the County of Santa Barbara challenging the internal consistency of the OCP, the consistency of the OCP with other elements of the General Plan, the legal sufficiency of the Final Environmental Impact Report, the legal sufficiency of the Board of Supervisors’ CEQA findings, and the legal sufficiency of the Board of Supervisors’ statement of overriding considerations. On April 17, 1998, McCadden Develoment, L.L.C., and the Orcutt Union School District intervened in the litigation to protect their respective legal and economic interests under the OCP. The County, McCadden and the School District dispute the aforesaid contentions.
The MOU was signed by the County of Santa Barbara ("County"), a political subdivision of the State of California, the Orcutt Area Advisory Group ("OAAG"), a California Non-profit Public Benefit Corporation, the Citizen’s Planning Association of Santa Barbara ("CPA"), a California Non-profit Public Benefit Corporation, McCadden Development L.L.C., ("McCadden"), a California Limited Liability Company, and the Orcutt Union School District ("School District").
This MOU was entered into only to provide a protocol and structure for the consideration of amendments to the OCP identified in Exhibit A. This MOU does not create in the parties any expectations, entitlements, rights or approvals for the proposed OCP amendments or use of any property within the Orcutt Planning Area. The processing of the OCP amendments is separate and apart from the approval of this MOU and requires complete and legally sufficient environmental analysis as well as compliance with all applicable planning and zoning laws. The County cannot and would not prejudge or make any commitments regarding ultimate approval of the OCP amendments, which will be processed in accordance with all applicable ordinances, resolutions, policies and statutes. Nothing in the MOU will be deemed to be a waiver or infringement of the County's police power, nor will any part or all of the MOU be construed on the part of the County as an obligation to adopt any amendments or revisions to the OCP or grant any permits, entitlements or approvals.
For further information about the MOU please contact Alan Seltzer, County Counsel.
For information about the proposed OCP Amendments, please contact Dev Vrat, AICP, or John Cuykendall, 805.568.3560, Planning & Development.
| Word '97 | Document Title |
|
 |
 |
MOU Board Staff Report |
|
|
Table Comparing Policy Changes |
|
|
Draft Memorandum of Understanding (MOU) |
|
|
Proposed OCP Policy Amendments (Exhibit A) |
|
|
Proposed OCP Policy Amendments (Exhibit B) |
