§ 19.03.025. Public hearing process and filing.

A.

A proposed tentative subdivision map shall not be approved by the Planning Commission unless accompanied by an environmental recommendation. An environmental recommendation includes:

1.

A prepared negative declaration accompanied by an environmental initial study; or

2.

A circulated draft environmental impact report; or

3.

Data supplementing a previously certified environmental impact report. The data for a supplemental environmental impact report shall be determined as adequate or inadequate by the Planning Commission. If the data is found to be inadequate the Planning Commission shall reject the data and require that a new environmental impact report be prepared.

B.

After the application has been accepted, the Director of Planning shall forward copies of the tentative map application to affected departments, committees and public agencies or their consultants which shall in turn, forward to the Director of Planning their findings, recommendations and proposed conditions.

C.

Staff shall conduct a Technical Review to consider the proposed development and to review or recommend proposed findings, recommend conditions of approval, or recommend disapproval to the Planning Commission.

D.

The Director of Planning shall set the matter for public hearing before the Planning Commission to review and consider the proposed development. The matter shall not be set for hearing until the Technical Review has been conducted. The Planning Commission may approve or deny, in whole or in part, the proposed development with appropriate findings, evidence and conditions.

E.

The Board of Supervisors shall be the appropriate decision making body for any appeal from the decision of the Planning Commission.

F.

A tentative map may be denied on any grounds provided by law. A tentative map shall be denied if any of the following findings are made:

1.

That the proposed tentative map is not consistent with the applicable general plan, area plan, coastal land use plan or specific plan.

2.

That the design or improvement of the proposed subdivision is not consistent with General plan, area plan, coastal land use plan, or specific plan.

3.

That the site is not physically suitable for the type of development.

4.

That the site is not physically suitable for the proposed density of development.

5.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6.

That the design of the subdivision or type of improvements is likely to cause serious public health problems.

7.

That the design of the subdivision or the type of improvements will conflict with easement acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the appropriate decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Subsection shall apply only to easements of record or to easements established by judgment of a Court of competent jurisdiction and no authority is hereby granted to a decision making body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

8.

That the subdivision fails to meet any of the requirements or conditions imposed by the Subdivision Map Act or this Title.

G.

The Planning Commission may approve a subdivision or project where the soils investigation report discloses soils problems which, if not corrected, could lead to structural defects, when it is determined that the engineer's recommended actions are likely to prevent structural damage to each structure to be constructed. The Planning Commission shall require that subsequent permits are conditioned upon incorporation of the recommended corrective action in the construction of each structure.

H.

In the event the Airport Land Use Commission has determined that the proposed subdivision is inconsistent with the airport land use plan and would be harmful to the airport and adjacent area, the Planning Commission may approve such subdivision or project on a two-thirds affirmative vote in accordance with Public Utilities Code Section 21676.

I.

In the event the Planning Commission proposes to disapprove or approve at a lower density housing development project which is in compliance with the applicable plans, zoning and development policies in effect at the time the project's application was determined to be complete, the Planning Commission shall make written findings based upon substantial evidence in the record that both of the following conditions exist:

1.

The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project developed at a lower density.

2.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.

J.

The Planning Commission in approving a subdivision from the conversion of a mobile home park to another use shall conform to Government Code Section 66427.4 as amended from time to time.

K.

If a negative declaration is adopted or an environmental impact report is certified by the Planning Commission for a tentative map application at a noticed public hearing, the application can be considered for approval or denial at the same hearing, provided that all other requirements of the application have been met.

L.

The Director of Planning shall transmit to the County Surveyor a copy of any approved tentative map along with the resolution approving the same.

(Ord. 4082, 2000; Ord. 4037, 1999; Ord. 3855, 1996; Ord. 3797, 1994)

(Ord. No. 5135, § 62, 7-7-2009; Ord. No. 5218, §§ 8, 9, 6-28-2013)