Solano County Municipal Code § 26-95 Processing of Tentative Maps

(a) Whenever this Article requires a public hearing, notice shall be given as provided in this section. The notice shall include the date, time, and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, a general description of the location of the subdivision, a notice of the environmental determination under consideration, and a statement that the person to whom the notice is addressed has a right to appear and be heard. The notice shall be given by publication at least one time in at least one newspaper of general circulation within the County and, in addition, by mail or delivery to the following:

(1) The owner of the subject real property or the owner’s duly authorized agent;

(2) The project engineer or surveyor;

(3) The project applicant;

(4) Each local agency expected to provide essential services or facilities to the project (schools, water, sewage, roads, etc.) whose ability to provide those services may be significantly affected;

(5) All owners of real property, as shown on the latest equalized assessment roll, within 300 feet (100 meters) of the property subject to the hearing; provided that, if the number of owners exceeds 1000, a one-eighth-page advertisement in a newspaper of general circulation within the County may be substituted for the direct mailing or delivery;

(6) If the proposed subdivision is a conversion of residential property to a condominium, community apartment, or stock cooperative project, each tenant of the parent parcel; and

(7) Other persons whose property rights may be significantly or substantially affected by the proposed subdivision.

(b) Such publication, mailing or delivery shall occur at least 10 days before the hearing. Any interested person may appear at such a hearing and present testimony.

(Ord. No. 1608, §2)

With respect to any subdivision for which a tentative map and final map is required, the Planning Commission (as Advisory Agency authorized to make recommendations only) shall hold a public hearing on the tentative map, recommend the content of required findings, recommend approval, conditional approval or disapproval of the tentative map, and report its actions in writing to the Board of Supervisors within 50 days after the tentative map is filed with the clerk of the Advisory Agency, unless the applicant consents to a longer period of time. At the next regular meeting of the Board of Supervisors following receipt of the Planning Commission’s report, the Board (as the legislative body) shall fix the meeting date at which the tentative map will be considered by it at a public hearing, which date shall be within 30 days thereafter, and the Board shall make all findings required by this Chapter and the Subdivision Map Act, and shall approve, conditionally approve or disapprove the tentative map within such 30 day period; provided, however, that if legally sufficient notice thereof has been given the Board may hold the required public hearing at any regular meeting within 30 days following filing of the Planning Commission’s report, in which case the Board shall approve, conditionally approve or disapprove the tentative map at the conclusion of such hearing. The Board may continue the public hearing on the tentative map to another date with the consent of the applicant.

(Ord. No. 1608, §2)

With respect to any subdivision for which a tentative map and a parcel map is required, the Zoning Administrator (as Advisory Agency) shall hold a public hearing on the tentative parcel map, make all findings required by this Chapter and the Subdivision Map Act, and shall approve, conditionally approve or disapprove the tentative map within 50 days after the tentative map is filed with the clerk of the Advisory Agency, unless the applicant consents to a longer period of time.

(Ord. No. 1608, §2)

The Zoning Administrator may defer to the Planning Commission a decision on a tentative parcel map for any subdivision described in subdivisions (a) through (e). The Planning Commission shall then hold the public hearing and make all required findings and decisions as provided in Section 26-95.3 of this Code. Decisions on the following subdivisions may be deferred:

(a) Subdivisions which may result in significant adverse environmental impacts which cannot be mitigated to less than significant levels;

(b) Subdivisions that involve substantial controversy;

(c) Subdivisions which are in conflict with County policies;

(d) Subdivisions which may be precedent setting;

(e) Subdivisions that the Zoning Administrator determines should be reviewed by the Planning Commission in order to best protect the public welfare.

(Ord. No. 1608, §2)

The Advisory Agency or the Board of Supervisors shall deny approval of a tentative map if it makes any of the following findings, based on information submitted at the public hearing:

(a) The proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code;

(b) The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

(c) The site is not physically suitable for the type of development;

(d) The site is not physically suitable for the proposed density of development;

(e) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injury fish or wildlife or their habitat, provided that the Advisory Agency or Board of Supervisors as appropriate may approve the tentative map if an environmental impact report was prepared with respect to the subdivision, and the Advisory Agency or Board of Supervisors also finds that specific economic, social or other considerations make infeasible the mitigation measures or project alternative identified in the environmental impact report;

(f) The design of the subdivision or type of improvements is likely to cause serious public health problems;

(g) The design of the subdivision or the type of improvements will conflict with easements which are of record or are established by judgment of a court of competent jurisdiction and which have been acquired by the public at large for access through or use of property within the proposed subdivision; provided that the Advisory Agency or Board of Supervisors as appropriate may approve the tentative 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;

(h) The discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, a violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code;

(i) The property fronts on any public waterway, public river, public stream, coastline, shoreline, publicly owned lake or publicly owned reservoir and the proposed subdivision does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the waterway, river, stream, lake or reservoir bordering or lying within the proposed subdivision, or to land below the ordinary high-water mark on any bay shoreline within the subdivision; provided that the Advisory Agency or Board of Supervisors as appropriate may approve the tentative map if it finds that alternate reasonable public access is available within a reasonable distance from the subdivision;

(j) The proposed subdivision fronts along a public waterway, public river or public stream and does not provide for a dedication of a public easement along a portion of the bank of the waterway, river or stream bordering or lying within the subdivision, which easement is defined so as to provide reasonable public use and maintenance of the waterway, river or stream consistent with public safety;

(k) The parent parcel or a portion thereof is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 and the proposed lots to be created from the parent parcel or portion thereof and subject to the contract are not consistent with the minimum residential building site requirements under the Policy and Uniform Regulations Governing Administration of Agricultural Preserves in Solano County;

(l) The proposed subdivision is not consistent with applicable provisions of the County Hazardous Waste Management Plan; or

(m) The proposed subdivision is located within a special studies zone established pursuant to the Alquist-Priolo Special Studies Zone Act (Public Resources Code Section 2621 et seq.) and is not in accordance with the policies and criteria established by the State Mining and Geology Board pursuant to that Act.

(Ord. No. 1608, §2)