16.16.100 Notice of hearing/commission’s findings.
A. Notice of the time, date, and place of public hearings shall be given as specified in Section 17.06.080 of this code. Neither failure of any person to receive any notice required hereunder, nor failure to strictly comply with the provisions hereof, shall invalidate any proceedings under this chapter.
B. In addition to any other information required, the applicant shall submit with the application a list of all owners of the property to be subdivided as shown on the last equalized assessment roll, along with a list of the name and address of the owner of record and a set of stamped, addressed, D10 envelopes, of each property owner within a five-hundred-foot radius of the exterior boundaries of the subject property, as shown on the last equalized assessment roll.
C. Following the public hearings the planning commission and city council shall make the following findings:
1. Whether the proposed subdivision is in conformity with law and this chapter;
2. Whether the size and shape of the proposed lots are in general conformance to town requirements and the general pattern of the neighborhood and will not cause traffic, health or safety hazards;
3. Whether the proposed lots will have proper and sufficient access to a public street;
4. Whether the proposed map and the design or improvement of the proposed subdivision are consistent with applicable general and specific plans;
5. Whether the site is physically suitable for the type of development;
6. Whether the site is physically suitable for the proposed density of development;
7. Whether the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
8. Whether the design of the subdivision or the type of improvements is not likely to cause serious public health problems;
9. Whether the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision, or that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to those 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;
10. Whether discharge of waste from the proposed subdivision will not result in violation of existing water quality requirements prescribed by the regional water quality control board.
D. If the planning commission or city council is unable to make affirmative findings on any of the above questions, it shall disapprove the map, unless it is able to impose conditions which will enable it to make such findings, in which case, it shall approve the map with said conditions. The planning commission or city council may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided is a use prohibited by ordinance or law, or if the property be deemed by the health officer of the town unhealthful or unfit for human habitation or occupancy. (Ord. 441 § 1 (part), 1988)