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(a) Review Authority. The Director shall be the review authority for all Tentative Maps, except as follows, and shall use the following procedures for reviewing and making decisions on Tentative Maps.
(1) Tentative Tract Maps and Vesting Tentative Maps. The Director shall review each Tentative Map proposing five or more parcels, each Vesting Tentative Map, and any other Tentative Tract Map that requires the recordation of a Final Map in compliance with the Staff Review with Notice Procedures in § 85.02.030 (Staff Review with Notice). The applications for these maps shall also be reviewed by the Development Review Committee (DRC) for its recommendations. The Director may refer a Tentative Map to the Commission for action where the Director first determines that:
(A) There have been substantial public objections to the proposal;
(B) The proposal is filed concurrently with an application subject to public hearing review procedures; or
(C) Any member of the Development Review Committee objects to the proposal.
(2) Tentative Parcel Map. A Tentative Map proposing four or fewer parcels shall be reviewed in compliance with the procedures for Staff Review with Notice in § 85.02.030 (Staff Review with Notice).The applications for these maps shall also be reviewed by the DRC for its recommendations when the subdivision is of a type described in Map Act § 66426(a), (b), (c), or (d). The Director may refer a Tentative Parcel Map to the Commission when the Director determines that the proposal is controversial, or when the proposal is filed concurrently with an application that is otherwise required by this Development Code to have a public hearing.
(3) Tentative Map Referred to the Commission. When a Tentative Map is referred to the Commission for action, a public hearing shall be required in compliance with Chapter 86.07 (Public Hearings).
(b) Review of Tentative Map.
(1) Actions of Review Authority. After completion of the evaluation required by § 87.02.040 (Evaluation of Application), the review authority shall:
(A) Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable community plan, any applicable specific plan, and the Map Act. The evaluation shall be based on the information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and
(B) Approve, conditionally approve, or disapprove the Tentative Map in compliance with Map Act § 66452.1 and Public Resources Code § 21151.5 within 50 days after certification of the EIR, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Public Resources Code Division 13 (commencing with § 21000).
(3) Appeal of Decision. A decision by the review authority to approve, conditionally approve, or disapprove a Tentative Map may be appealed to the Board, in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5.
(Ord. 4011, passed - -2007)