Sec 17-19 Planning Department Review
The tentative map application shall be submitted with the
Planning Department. The application shall be determined by the department
to be complete only when the form and contents of the tentative map conform to
the requirements of Section 17-17 and when all accompanying data and reports, as
required by Section 17-18, all fees and/or deposits as required by
Section 17-7
have been submitted and accepted by the department, and when all requirements
under the California Environmental Quality Act concerning the completeness of
applications have been satisfied. The Planning Department shall forward
copies of the tentative map to the affected public agencies and utilities which
may, in turn, forward to the department their findings and
recommendations. Public agencies and utilities shall certify that the
subdivision can be adequately served.
Within ten (10) days of the submitting of a complete
tentative map application, the Planning Department shall send a notice of the
submitting of the tentative map application to the governing board of any
elementary, high school, or unified school district within the boundaries of
which the subdivision is proposed to be located. The notice shall contain
information about the location of the proposed subdivision, the number of units,
density, and any other information which would be relevant to the affected
school district. The governing board may review the notice and may send a
written report to the Planning Commission. The report shall indicate the
impact of the proposed subdivision on the affected school district and shall
make recommendations as the governing board of the district deems
appropriate. The report shall be returned within twenty (20) working days
of the date on which the notice was mailed to the school district for
comment. In the event that the governing board fails to respond
within the twenty (20) working day period, such failure to respond shall be
deemed approval of the proposed subdivision by the school district. The
Planning Commission shall consider the report from the school district in
approving, conditionally approving, or disapproving the tentative map
application.
Sec 17-20 Waiver; Other Information
Upon the written request of the subdivider, the Planning Department may waive
any of the tentative map requirements pursuant to Section
17-17 and Section 17-18 if the
department determines that the type of subdivision does not justify compliance
with these requirements or other circumstances justify a waiver. The
Planning Department may require other drawings, date, or information as it deems
necessary to accomplish the purposes of the Subdivision Map Act and this
chapter.
Sec 17-21 Planning Commission Action
(a) Report
Upon receipt of a complete tentative map application the Planning Department
shall prepare a report with recommendations. The Planning Department shall set
the matter for public hearing before the Planning Commission. A copy of
the department report shall be available to the applicant at least three (3)
days prior to the public hearing.
(b) Notice of Public Hearings
(1)
At least ten (10) days prior to the public hearing, notice of the hearing shall
be published at least once in a newspaper of general circulation within the
jurisdiction of the County of San Benito.
(2) At
least ten (10) days prior to the public hearing, notice of the hearing shall be
mailed or delivered to the owner of the subject real property, the subdivider,
and all owners of real property as shown on the latest equalized assessment roll
within three hundred feet (300') of the real property that is the subject of the
hearing. IN addition, notice of the hearing shall be mailed or delivered
at least ten (10) days prior to the public hearing to each local agency expected
to provide water, sewage, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those facilities may be
significantly affected. Notice of the hearing shall also be mailed or
delivered at least ten (10) days prior to the public hearing to any person who
has submitted a written request for notice with the Planning Department.
(3)
The Planning Department may give notice of the hearing in any other manner it
deems necessary or desirable.
(4) The
failure of any person or entity to receive notice pursuant to this subsection
shall not constitute grounds for any court to invalidate the actions for which
such notice was given.
(c) Action
The Planning Commission shall approve, conditionally approve or disapprove
the tentative map within fifty (50) days after the tentative map application has
been determined by the Planning Department to be complete. The time period
shall not commence until certification of the environmental impact report,
adoption of a negative declaration, or a determination that the project is
exempt from the requirements of the California Environmental Quality Act.
(d) Approval
The tentative 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,
and any applicable specific plan.
The Planning Commission may modify or delete any of the conditions for
approval recommended in the Planning Department report. The Planning
Commission may add additional requirements as a condition of its approval. The
Planning Commission may require as a condition of its approval that the payment
by the subdivider of all development fees required to be paid at the time of the
application. Such fees shall be as adopted by ordinance in effect at the
time the application is determined complete.
If no action is taken upon the tentative map by the Planning Commission
within the time limits specified in this section or any authorized extension
thereof, the tentative map, as filed, shall be deemed to be approved, insofar as
it complies with all other applicable provisions of the Subdivision Map
Act,
this chapter, this Code, and the General Plan.
(e) Disapproval
The tentative map may be disapproved by the Planning Commission on any of the
grounds set forth in the Subdivision Map Act or this chapter. The Planning
Commission shall deny approval of the tentative map if it makes any of the
following findings:
(1) That
the proposed map is not consistent with the General Plan or any applicable
specific plan;
(2) That
the design or improvement of the proposed subdivision is not consistent with the
General Plan or any applicable 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 avoidable injure fish or
wildlife or their habitat. Notwithstanding the foregoing, the Planning
Commission may approve a tentative map if an environmental impact report was
prepared with respect to the project and a finding was made pursuant to Section
21081 of the Public Resources Code that specific economic, social or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report;
(6) That
the design of the subdivision or the 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
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 subsection shall apply only
to easements of record or to easements established by judgment of a court of
competent jurisdiction, and no authority is herby 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
(8)
Subject to Section 66474.4 of the Government
Code, that the land is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965 (Gov Code § 51200 et
seq.) and that the resulting parcels following a
subdivision of that land would be too small to sustain their agricultural use.
(9)
Subject to Section 66474.6 of the Government
Code, that the discharge of waste
from the proposed subdivision into an existing community sewer system would
result in violation of existing requirements prescribed by the Central Coast
Regional Water Quality Control Board pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
Sec 17-22 Extension of Time
Any applicable time limits for reporting and acting on the tentative map
application may be extended by mutual consent of the subdivider and the Planning
Commission.
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