23.10.070 Material compliance.
(a) Once the Administrator determines the application is complete, the Administrator shall review the application materials and preliminary subdivision plan, including tentative subdivision map, for material compliance with this title. If the Administrator determines that the preliminary subdivision plan and tentative subdivision map are in material compliance with this title, then the Administrator shall deliver the application and all materials to the Yurok Tribe’s Planning Director. The Planning Director may impose additional reasonable adjustments, additions, and changes as conditions for approval as stated in the Planning Director’s decision to recommend that Council approve.
(b) If the subdivision is subject to overlapping jurisdiction, the Administrator shall include a report describing the subdivision’s compliance with all required findings pursuant to the laws and regulations of the overlapping governmental entities. Public notice shall be in accordance with this title and California Government Code §§ 65090 and 65091.
(1) Denial of Subdivision Application and Preliminary Subdivision Plan. If the Administrator or Planning Director reasonably determines that any application or preliminary subdivision plan is not in compliance with this title, then that person shall deny the preliminary subdivision plan and shall provide the applicant with a notice of decision. If the applicant indicates in writing the applicant’s intent to correct the material deficiencies before the decision becomes final, then the Administrator or Planning Director may suspend the decision and allow the applicant to revise the application and preliminary subdivision plan. The Administrator and Planning Director retain discretion to decide to approve the revised application, to deny the revised preliminary subdivision plan, or to reinstate a decision for the original preliminary subdivision plan. The Planning Director shall recommend that the Council deny the application and preliminary subdivision plan if the Planning Director or Administrator makes any of the following findings:
(A) That the proposed subdivision is in conflict with adopted land use plans of the Tribe or another governmental entity in the case of overlapping jurisdiction;
(B) That the physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated;
(C) That the site is not physically suitable for the proposed density of the development;
(D) That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage that cannot be mitigated to a level of insignificance;
(E) That a proposed residential subdivision lacks adequate service by essential utilities;
(F) That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
(G) That the design of the subdivision or type of improvements will conflict with cultural resources; or
(H) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court.
(2) Approval of Subdivision Application and Preliminary Subdivision Plan. If the Planning Director determines that an application and preliminary subdivision plan is in compliance with this title and does not make any findings under subsection (b)(1) of this section, then the Administrator shall submit the application and preliminary subdivision plan, along with any required conditions, to Council for approval with the Planning Director’s and Administrator’s recommendations whether to approve or deny the application and preliminary subdivision plan. If either the Planning Director or the Administrator decides to recommend denying the application and preliminary subdivision plan, that person shall provide the Council with the reasons for his or her recommendation in writing.
(3) Withdrawal of Application. An applicant may withdraw an application for a subdivision at any time by submitting written notice of the withdrawal to the Subdivision Administrator.
(4) Timeliness of Review. The Subdivision Administrator and the Planning Director shall make every reasonable effort to process, review, and decide applications in a timely manner, consistent with the need to fully consider the proposed subdivision’s impact with respect to applicable regulations. [Ord. 43 § 3107, adopted, 6/10/2015.]