§ 1400-245. PLANNING COMMISSION ACTION ON TENTATIVE MAP

The Planning Commission shall hold a hearing and take action to approve, conditionally approve, or disapprove the tentative map. Notice of the hearing shall be published in a local newspaper and mailed to property owners owning property within 400 feet of the proposed subdivision at least ten days before the hearing.

(a)

Findings—Determination. If the Planning Commission finds that the proposed map complies with the requirements of this Chapter and the Subdivision Map Act and the Zoning Laws of the County, it shall approve or conditionally approve the map. The Planning Commission shall deny the approval of a tentative map if it makes any of the following findings:

(1)

That the proposed map is not consistent with applicable general and specific plans.

(2)

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans as specified in Government Code section 65451.

(3)

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

(4)

That the site is not physically suitable for the type 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 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 governing 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 legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(8)

The proposed map would have significant, unmitigated impacts upon the environment, for which a statement of overriding considerations cannot be made pursuant to the California Environmental Quality Act.

(b)

In addition to the requirements specified at Section 1400-245 (a), a flood protection finding in either subsection 1 or 2 below shall be made as applicable for all proposed maps. The inability to make one of the required findings is grounds for denial of a proposed map.

1.

Urban Level of Flood Protection (ULOP) Finding. A ULOP finding is required when all of the following four location conditions are met:

a.

It is located within an urban area with 10,000 residents or more, or an urbanizing area that is planned or anticipated to have 10,000 residents more within the next ten years (as defined in California Government Code section 65007);

b.

It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official Flood Insurance Rate Map (FIRM) for the National Flood Insurance Program (NFIP);

c.

It is located within an area of potential flooding depth above 3.0 feet from sources of flooding other than local conditions that may occur anywhere in a community; and

d.

It is located within a watershed with a contributing area of 10 or fewer square miles, as determined by the County.

If all four of the conditions are met, the Planning Commission shall make one of the following findings related to an urban level of flood protection:

•

The facilities of the State Plan of Flood Control or other flood management facilities provide the required urban level of flood protection to the property, development project or subdivision.

•

The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the required urban level of flood protection.

•

The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas, to be achieved by 2025.

•

The property in an undetermined risk area has met the urban level of flood protection.

2.

National FEMA Standard of Flood Protection Finding. A national FEMA standard of flood protection finding is required when both of the following location conditions are met:

a.

It is located outside of an urban area or urbanizing area; and

b.

It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official FIRM for the NFIP.

If both of the conditions are met, the Planning Commission shall make one of the following findings related to the national FEMA standard of flood protection:

•

The facilities of the State Plan of Flood Control or other flood management facilities provide the national FEMA standard of flood protection to the property, development project or subdivision.

•

The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the national FEMA standard of flood protection.

•

The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the national FEMA standard of flood protection.

(c)

Report to Subdivider. The Planning Commission shall report its action directly to the subdivider or his designated representative.

(d)

Report to the Board of Supervisors. Following action by the Planning Commission, a copy of the tentative map, together with a copy of the Planning Commission action thereon, shall be transmitted to the Board of Supervisors for its information.

( Ord. No. 1650, § 4, 5-22-2018 )