§ 17.52.030. Processing a conditional certificate.  


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  • A.

    Upon determination by the advisory agency under subsection (E) of Section 17.52.020 that an application for a certificate shall be processed in whole or in part as an application for a conditional certificate, the advisory agency shall issue a conditional certificate after completion of the procedures set forth in this section.

    B.

    The advisory agency shall circulate the application to and shall request written comments from all departments, agencies and persons entitled under the provisions of the Subdivision Map Act and this title to have notice of and to review and comment on tentative parcel maps. The request for comments shall indicate that the person, department or agency should identify in their comments only those conditions of approval that would have been applicable to a division of property on the date that interest in the property was acquired by the applicant, except that if the applicant was the owner of record at the time of the division of the property in violation of the Subdivision Map Act or county ordinances enacted pursuant thereto and the applicant is still the owner of record of one or more of the parcels resulting from such division, then the commenting person, department or agency should identify the conditions of approval that would be applicable to a current division of such property under the Subdivision Map Act and county ordinances enacted pursuant thereto. The notice shall further state that after identifying the applicable conditions of approval, the commenting person, department or agency should recommend to the advisory agency whether all or only a portion of such potentially applicable conditions should be imposed as conditions of development of the parcel or parcels for which the conditional certificate is sought and if imposition of less than all of the potentially applicable conditions are recommended, the reasons for such recommendation.

    C.

    Upon receipt by the advisory agency of the comments requested under subsection (B), the advisory agency shall prepare a list of proposed conditions to be required by the conditional certificate, shall forward a copy of the proposed conditions and the application and comments to the planning department, and shall request that the planning department prepare a proposed environmental determination and circulate such environmental determination for public review in the manner required by the California Environmental Quality Act, the state CEQA guidelines, and local regulations enacted pursuant thereto.

    D.

    Upon receipt of the proposed environmental determination and comments received by the planning department during the public review process, the advisory agency shall either adopt the required environmental determination or refer the matter back to the planning department for further environmental review. Following completion of all public review by the planning department and adoption of the environmental determination by the advisory agency, the advisory agency shall issue the conditional certificate containing the information specified in subsections (A) and (C) of Section 17.52.047 and give notice of approval of issuance of the conditional certificate in the manner set forth in Section 17.52.060.

(Ord. No. 1401, § 7, 5-12-2015)