(a) Time Limits. For subdivisions which require preparation of a tentative map and a final map or a parcel map pursuant to this chapter and the Subdivision Map Act, the planning commission shall, within fifty days after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from CEQA or within such longer period of time as may be agreed to by the subdivider, hold a public hearing on the map and make the findings required by this chapter and the Subdivision Map Act to approve, conditionally approve or disapprove the tentative map.
(b) Notice of Public Hearing. When a public hearing is required by the Subdivision Map Act or this chapter, notice of the time and place thereof, including a general description of the location of the subdivision, shall be given not less than ten days before the date of hearing in the following manner:
(1) By publication in a newspaper of general circulation in the city of Woodland;
(2) By mailing said notice to the owners of real property within three hundred feet of the property that is the subject of the application;
(3) By mailing or delivering said notice to the subdivider and property owner or the owner’s duly authorized agent;
(4) By mailing or delivering said notice to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed subdivision and whose ability to provide those facilities or services may be significantly affected; and
(5) If determined by the community development director to be warranted, by conspicuously posting said notice on the subject property for at least ten days prior to the hearing.
(c) Findings. The planning commission shall base its decision on the conformity of the tentative map, together with the provisions for its design and improvements, with the requirements of this chapter, the zoning ordinance, the general plan, any applicable specific plans and any other applicable ordinances, resolutions or provisions of law. If the tentative map complies with all of the requirements of this chapter and the Subdivision Map Act, the planning commission may approve or conditionally approve the map.
(1) Energy Findings. A tentative map shall not be approved or conditionally approved by the planning commission unless it finds that the proposed subdivision meets the following requirements:
(A) The design of a subdivision for which a tentative parcel or subdivision map is required shall provide, to the extent feasible, for the future passive or natural heating or cooling opportunities in the subdivision.
(B) Passive or natural heating opportunities include, but are not limited to, the design of lot size and configuration to permit orientation of a structure:
(i) In an east-west alignment for southern exposure; and
(ii) To take advantage of shade or prevailing breezes.
(2) Regional Housing Needs. Prior to approval or conditional approval of any tentative map, the planning commission shall find that it has considered the effect of the map on the housing needs of the region and that these needs have been balanced against the public service needs of the city’s residents and available fiscal and environmental resources.
(3) Adequate Water Supply. If applicable, prior to approval or conditional approval of any tentative map, the planning commission shall make the findings with regard to the availability of water for certain residential subdivisions as required by Section 66473.7 of the Subdivision Map Act.
(4) Findings Requiring Disapproval. A tentative map shall not be approved or conditionally approved by the planning commission if it makes any of the following findings:
(A) That the proposed map is not consistent with the general plan and/or any applicable specific plans.
(B) That the design or improvement of the proposed subdivision is not consistent with the general plan and/or any applicable specific plans.
(C) That the site is not physically suitable for the type of development.
(D) That the site is not physically suitable for the proposed density of development.
(E) That the designs 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.
(F) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.
(G) 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 or conditionally 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.
(d) Appeals. The subdivider, or any party adversely affected by the decision, the city council, an individual city council member or the city manager or community development director, may appeal any action of the planning commission with respect to a tentative map to the city council within ten days after the action of the planning commission. No conflict of interest shall exist solely by reason of the filing of an appeal by the city council, an individual city council member or the city manager or community development director. Any such appeal shall be filed with the city clerk and, except an appeal by the city council, a city council member, or the city manager, shall be accompanied by a filing fee as prescribed by city council resolution. Upon the filing of an appeal, the city clerk shall set the matter for hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days, or at its next regular meeting following the conclusion of the hearing, the city council shall render its decision on the appeal. (Ord. No. 1500, § 3 (part).)