§ 16.07.030. Planning commission action.

A.

Notice.

1.

After receipt of a valid application, completion of the subdivision conference, and after preparation of the staff report, a public hearing shall be set before the planning commission to consider the tentative map. At least ten calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing which includes a general explanation of the project to be considered and a general location of the subject property.

2.

The notice shall be published at least once in a newspaper of general circulation, published and circulated in the town.

3.

In addition to the notice by publication, the community development department shall mail or deliver a notice of the hearing to all property owners as shown on the latest equalized assessment roll for those properties located within three hundred feet of the property on which the tentative map has been filed.

4.

In the case of the proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.

5.

The town shall also mail the public hearing notice to the property owner as shown on the latest equalized assessment roll.

6.

The planning commission shall approve, conditionally approve, or deny the tentative map within fifty days after the tentative map has been accepted as complete by the community development department, unless an EIR or negative declaration regarding environmental effect is required for preparation and adoption. If an EIR or negative declaration is adopted, the time limits of Section 66452.1, 65950, 65950.1 and 65952.1 (a) and (b) of the California Government Code shall apply. (G.C. 66452.1 (b) and (c) )

B.

Findings for Approval

1.

In approving, or conditionally approving, the tentative map, the planning commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the town's general plan, state Subdivision Map Act, and town's subdivision ordinance.

2.

The planning commission may modify, or delete any condition recommended by the town staff except conditions required by town ordinance or resolution, or by the town engineer, related to public health, safety, or welfare, or to standards approved by resolution of the town council. The planning commission may add conditions of approval to the tentative map. All engineering/surveying conditions imposed on a tentative map or parcel map for which a tentative map was not required, shall be reviewed by the town engineer/town surveyor to determine compliance with generally accepted engineering practices.(G.C. 66474.10)

C.

Findings for Denial.

1.

The tentative map may be denied by the planning commission on any grounds provided by town ordinances or the Subdivision Map Act. The planning commission shall deny approval of the tentative map if it makes any of the following findings:

a.

That the proposed map is not consistent with the town's general plan or applicable specific plan adopted by the town council;

b.

That the design or improvement of the proposed subdivision is not consistent with the town's general plan or applicable specific plan adopted by the town council;

c.

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

d.

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

e.

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

f.

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

g.

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public-at-large, for access through, or use of, property within the proposed subdivision. If the planning commission finds that alternate easements for access or other use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public, then the planning commission may approve the tentative map. (This subsection shall only apply to easements of record or to easements established by a judgment of a court of competent jurisdiction and no authority is granted herein to the town to determine that the public-at-large has acquired easements for access through or use of property within the proposed subdivision.)

D.

Appeal. Any interested person adversely affected by the decision of the planning commission regarding the tentative map or any conditions imposed on the map, may appeal the decision in writing to the town council within ten calendar days (not including holidays) of the decision by the planning commission. (G.C. 66452.5(d))

(Ord. 203 §2(part), 1990; Ord. No. 430, § 6, 12-14-2004)