CHAPTER 21. SUBDIVISIONS.
Article 6. Hearings, Reports and Appeals.
Sec. 21-6-2. Hearings and appeals.
(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.
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;
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;
(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
(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
(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
(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
(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).)