Del Norte County Municipal Code § 16.10 Planning Commission; Actions And Findings

The tentative map, accompanying infomati6n, environmental documents and staff report shall be presented to the planning commission prior to the scheduled meeting.

(Ord 79-19 (part), 1979)

1. The planning commission shall hold a public hearing on all major subdivisions. Public hearings on minor subdivisions and lot line adjustments are optional. The manner in which public notice of the hearing is made shall be the same as described in Section 20.56.30 of this code (use permits).

2. At any point in the decision making process, the planning commission may set a public hearing on a tentative map.

3. Public hearings on environmental documents for tentative maps shall be conducted in the manner described in Title 19 of this code.

4. Any interested person may appear at such a hearing and shall be heard.

(Ord. 83-03 (part), 1983; Ord. 82-09 § 2 Exh. A(25), 1982; Ord. 79-19 (part), 1979)

1. The planning commission shall hold a public hearing on all subdivisions and other divisions of land, such as lot line adjustments, which are within the California Coastal Zone.

2. The county shall provide notice of pending application which contains the following information: 1. The statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the applicant.

   3. The number assigned to the application.

   4. A description of the development and its proposed loca tion.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

3. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First class mail to each applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's coastal zone and to the Coastal Commission; and

   2. First class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the parcel. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

4. For the purposes of this section:

   1. "Property owner" shall mean all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

5. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(Ord. 83-03 (part), 1983)

The planning commission may approve, conditionally approve, or disapprove tentative maps provided, that prior to approval or conditional approval, the planning commission shall determine whether the tentative map is in conformity with provisions of law, this title, subdivision improvement standards, health standards and policies, general plan elements, zoning and planning and engineering practices. The planning commission shall consider also such measures as will promote and protect the public health, safety, comfort, convenience and general welfare.

The planning commission shall deny approval of a tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general plan, any specific plans or zoning district.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

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.

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 section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is 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. There is insufficient information on which to approve the tentative map, in which case the planning commission shall list the deficiencies and deny approval without prejudicing a future resubmittal.

9. The tentative map is not within the accepted standards of planning, engineering or neighborhood compatibility in the opinion of a majority of the planning commissioners.

(Ord. 83-03 (part), 1983; Ord. 79-19 (part), 1979)

1. The subdivider, any county department, or any affected person, may appeal any action of the planning commission with respect to a tentative map. The appeal shall be in compliance with Section 20.58.10 and the appeal and hearing thereon shall be conducted in the manner provided by Government Code Section 66451.3 and 66452.5.

2. Any member of the board of supervisors may call up a tentative map for board review at any point in the map processing procedure. The board of supervisors may, on their own motion, review or set aside any action of the planning commission with respect to a tentative map by giving notice of its intention to review the matter within fifteen days of the planning commission action. The board may, in its discretion, set the matter for hearing, and such hearing shall be conducted in the same manner that the planning commission conducted its hearing including environmental review.

(Ord. 84-16 § 2, 1984; Ord. 83-03 (part), 1983; Ord. 82-09 § 2 Exh. A(26), 1982; Ord. 79-19 (part), 1979)

Appeals of projects within the California Coastal Zone shall be as set forth in Chapters 21.51 and 21.52 DNCC.

(Ord. 83-03 (part), 1983)