8215-2 - Decisions.

The advisory agency shall render its decision to approve, conditionally approve, or disapprove a parcel map waiver application applying the standards and required findings for approval in Section 8204-4 within the timeframes required by Government Code section 66451.7, unless the applicant consents to a longer time period.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.2 - Decisions on tentative tract maps.

a.

Planning Commission Recommendation—At the conclusion of the public hearing, the Planning Commission shall adopt a resolution advising the Board of Supervisors of its recommendation regarding whether the Board, in applying the standards and required findings for approval in Section 8205-6.6 of this Chapter, should approve, conditionally approve, or disapprove the tentative tract map, map conditions, and CEQA determinations. The Planning Commission's resolution shall be submitted to the Board of Supervisors within the time frame set forth in Government Code section 66452.1(a), unless the applicant consents to a longer time period.

b.

Board of Supervisors Decision—At the conclusion of the public hearing, the Board shall make its decision to approve, conditionally approve, or disapprove the tentative map applying the tentative map standards and required findings for approval in Section 8205-6.6 of this Chapter, reasonably exercise its independent judgment and discretion, and, if a decision is made to approve or conditionally approve the tentative map, make the required findings in support of its decision based upon the evidence in the record within the time frames established by Government Code section 66452.2(a), unless the applicant consents to a longer period of time.

(Ord. No. 4566, § 1, 6-16-2020)

In making the decision to approve, conditionally approve, or disapprove the tentative parcel map, the advisory agency shall apply the tentative map standards and required findings for approval in Section 8205-6.6 of this Chapter, reasonably exercise his or her independent judgment and discretion, and, if a decision is made to approve or conditionally approve the tentative map, make the required findings in support of his or her decision based upon the evidence in the record within the time frames established by Government Code section 66452.1(b), unless the applicant consents to a longer period of time.

(Ord. No. 4566, § 1, 6-16-2020)

The advisory agency shall render its decision to approve, conditionally approve, or disapprove amendments to a recorded final map or parcel map applying the standards and required findings for approval in Section 82071.4.

(Ord. No. 4566, § 1, 6-16-2020)

Decisions on proposed subdivisions may be deferred by the designated decision-making advisory agency to a higher decision-making advisory agency in accordance with this Section 8215-2.5. The Planning Director may defer decisions to the Planning Commission, except that the Planning Director may defer decisions regarding amendments of conditions of approval for final maps or parcel maps only to the Board of Supervisors. The Planning Commission may defer decisions to the Board of Supervisors. The advisory agency to which a decision is deferred shall hold the public hearing and make all required findings and decisions as required for the subject application. In order to defer a decision, the Planning Director or Planning Commission must

determine that good cause exists for the deferral. Good cause may exist, but is not limited to, subdivision decisions for:

1.

Projects involving multiple discretionary County land use entitlements and/or legislative actions (see Section 8215-2.6);

2.

Subdivisions which may result in a significant adverse environmental impact which cannot be mitigated to less than significant level; or

3.

Which may be precedent setting.

(Ord. No. 4566, § 1, 6-16-2020)

If an application for a discretionary approval or action under this Chapter, including but not limited to a proposed tentative map, is part of a project that includes applications for one (1) or more other discretionary County land use entitlements and/or legislative actions, all discretionary applications comprising the project as a whole shall be consolidated for public hearing, recommendation, and/or decision in accordance with all substantive and procedural requirements applicable to each of the project's constituent decisions and actions to the extent possible and not in conflict with state law. If conflicts exist between the procedural or substantive requirements applicable to the project's constituent decisions and actions, such conflicts shall be resolved at the discretion of the Planning Director in consultation with County Counsel and in accordance with state law.

(Ord. No. 4566, § 1, 6-16-2020)

If a decision is not announced at the public hearing, a written decision shall be rendered not more than ten (10) calendar days following the end of the hearing.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.8 - Effective date of decisions.

a.

A decision made by the Planning Director, County Surveyor, or Planning Commission is effective at the expiration of the decision's appeal period unless an appeal is filed with the Planning Division in compliance with Section 8216-1 of this Chapter prior to the expiration of the appeal period.

b.

A decision of the Board of Supervisors is effective on the date it is rendered.

(Ord. No. 4566, § 1, 6-16-2020)

An advisory agency's decision may be appealed in the manner set forth in Article 16 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

The advisory agency shall provide the applicant written notification of its decision once the decision becomes final and non-appealable.

(Ord. No. 4566, § 1, 6-16-2020)

Article 16. - Appeals