A. Public Hearing before Zoning Administrator-Notice. Within a reasonable period of time following consideration by the subdivision review committee of an application for a tentative map, other than a vesting tentative map, the planning director shall set the matter for hearing before the zoning administrator. The procedural requirements for the hearing before the zoning administrator and the contents of the hearing notice shall be governed by the provi-sions of chapter 17.812. Notice of the hearing shall be given by publication, posting, and mail pursuant to section 17.812.030. In addition, if the proposed subdivision is a conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given to each tenant of the property in accord-ance with chapter 17.716 and California Government Code section 66451.3. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter.
B. Action by the Zoning Administrator. The zoning administrator may approve or conditionally approve a tentative map by adopting a resolution, or may deny approval of the proposed tentative map. In reaching a decision upon the tentative map, the zoning administrator shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
C. Approval. The tentative map may be approved or conditionally approved by the zoning administrator if it is found that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific or community plan, and all applicable provisions of this code.
D. Denial. The tentative map may be denied by the zoning administrator on any of the grounds provided by the Subdivision Map Act or this code. Except as otherwise required by state or federal law, the zoning administrator shall deny approval of the tentative map if it makes any of the following findings:
1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. That the design 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. Notwithstanding the foregoing, the zoning administrator may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of the California Public Re-sources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6. 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 zoning administrator may approve a map if he or she 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, and no authority is granted to the zoning administrator to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. The conditions set forth in Government Code section 66474.4 are met, relating to subdivisions of land that would result in parcels too small to sustain their agricultural use or that would result in residential development not incidental to the commercial agricultural use of the land, including land subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (California Government Code sections 51200 et seq.). (Ord. 2020-0021 § 6; Ord. 2017-0009 § 22)