Lancaster Municipal Code Art. II Planning Commission Review and Determination

The director shall set a date and time for a public hearing on the tentative map before the planning commission. Notice of the hearing shall be given in accordance with Section 16.04.130, Public hearing notice procedures.

(Ord. 661 § 1 (210.010), 1994)

The applicant of a proposed project scheduled for public hearing is required to post a sign with public hearing information in accordance with the procedures established for project sign posting.

(Ord. 661 § 1 (210.020), 1994)

Any staff report or recommendation on a tentative map to the planning commission or the city council shall be in writing and a copy shall be provided to the subdivider at least three days prior to any hearing or action on such map by the planning commission or the city council. In the case of a proposed conversion or residential real property to a condominium project, community apartment project, or stock cooperative project, each tenant of the subject property must also receive a copy of the staff report pursuant to Section 66452.3 of the Subdivision Map Act.

(Ord. 692 § 1, 1995: Ord. 661 § 1 (210.030), 1994)

The planning commission shall either approve, approve with conditions, continue the public hearing to a specific time, date and place, or deny the tentative map. The planning commission may accept, modify or delete any of the conditions of approval recommended in the staff report based on the findings in Section 16.08.170. The planning commission may also add additional requirements as conditions of approval.

(Ord. 661 § 1 (210.040), 1994)

In the case of a tentative map subject to a development agreement the planning commission decision shall be advisory. The recommendation of the planning commission will be forwarded to the city council.

(Ord. 661 § 1 (210.050), 1994)

The planning commission shall approve or approve with conditions any tentative map only if it makes all of the following findings in writing based upon substantial evidence in the record:

A. The proposed subdivision is consistent with the general plan, any applicable specific plan, and is compatible with the general plan land uses, goals, objectives, policies and specific actions specified in such plan.

B. The design and improvement of the proposed subdivision is consistent with the general plan, any applicable specific plan, Title 17, and this title.

C. The site is physically suitable for the type and density of the development proposed.

D. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

E. The design of the subdivision or the type of improvements will not cause serious public health problems.

F. The design or the types of improvements of the subdivision will not conflict with easements acquired by the public at large, for access through, or use of, property within the subdivision. The city may approve the map if alternate easements will be provided in accordance with Section 66474(g) of the Subdivision Map Act.

G. The city's action will not have an adverse effect on the housing needs of the region and the city has balanced these needs against the public service needs of its residents and available fiscal and environmental resources, in accordance with Section 66412.3 of the Subdivision Map Act.

H. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

(Ord. 661 § 1 (210.060), 1994)

The decision of the planning commission regarding a tentative map may be appealed as provided in Section 16.04.070.

(Ord. 661 § 1 (210.070), 1994)

Upon receipt of a planning commission recommendation regarding a tentative map filed concurrently with a development agreement, or on an appeal of a tentative map, a public hearing will be scheduled before city council.

A. The same legal notifications provided for planning commission consideration are also required for the city council hearing. At its meeting, the city council will take into consideration the public testimony, staff report, and environmental information as well as the recommendation of the planning commission.

B. Following the receipt of public testimony, the city council may:

1. Refer the matter back to the planning commission for further evaluation or considerations of alternatives; or

2. Continue the public hearing to a specific time, date and place; or

3. Render its decision.

(Ord. 661 § 1 (210.080), 1994)