23.06.090 Planning Commission action.
The staff report shall be in writing and served by mail on the subdivider, and each tenant in the case of a conversion, at least five days before the hearing.
A. Action. The Planning Commission shall approve, conditionally approve, deny or make its recommendation on the tentative subdivision map, and the department shall report the decision of the Planning Commission to the subdivider within 50 days after the tentative subdivision map application has been determined by the department to be complete. An application is not complete until the lead agency has determined the project is exempt from CEQA or accepted a negative declaration or certified an environmental impact report.
B. Standards to Be Applied.
1. Except as provided in subsections (B)(2) and (B)(3) of this subsection, the standards to be applied are only those ordinance, policies and standards in effect on the date the county determined the application to be complete.
2. Subsection (B)(1) of this subsection shall not apply to circumstances in which the county has, prior to determining the application complete, initiated proceedings by way or ordinance, resolution or motion, and published notice in the manner prescribed by Cal. Gov’t. Code § 65090(a) describing the nature of the proposed change in general or specific plans, zoning or subdivision regulations.
3. If the subdivider requests changes in applicable ordinances, policies or standards in conjunction with his or her development project.
C. Approval. The tentative subdivision map may be approved or conditionally approved by the Planning Commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, the zoning code, and all applicable provisions of this title.
The Planning Commission may modify or delete any of the conditions of approval recommended in the department’s report. The Planning Commission may add additional requirements as a condition of its approval.
If no action is taken by the Planning Commission within the time limits specified in this section, the tentative subdivision map, as filed, shall be deemed to be approved insofar as it complies with other applicable provisions of the Subdivision Map Act, this title and the general plan.
D. Denial. The tentative subdivision map may be denied by the Planning Commission on any of the grounds provided by the Subdivision Map Act or this title. The Planning Commission shall deny approval of the subdivision tentative map if it makes any of the following findings:
1. That the proposed map or the design and/or improvement of the proposed subdivision is inconsistent with the general plan, any applicable specific plan, zoning or other applicable provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. 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. Notwithstanding the foregoing, the Planning Commission may approve such a tentative subdivision map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health or safety problems;
6. 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. In this connection, the Planning Commission 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 section 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 the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. Subject to Cal. Gov’t. Code § 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Cal. Gov’t. Code § 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use, or would be less than the minimum required to enter into a new contract;
8. The proposed subdivision fails to comply with the development standards set forth in this title. (Formerly 23.06.009)