§ 22.20.110 DENIAL.
   (A)   The tentative map may be denied by the Planning Commission (or on appeal, may be denied by the City Council) on any of the grounds provided by city ordinances or the Subdivision Map Act.
   (B)   The Planning Commission and/or City Council shall deny approval of the tentative map if it makes any of the following findings:
      (1)   That the proposed map is not consistent with applicable general and specific plans;
      (2)   That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
      (3)   That the site is not physically suitable for the type of development;
      (4)   That the site is not physically suitable for the proposed density of development;
      (5)   That the design of the subdivision or the proposed improvements are likely to cause sub-stantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, if an environmental impact report was prepared for the project and a finding was made pursuant to Cal. Pub. Res. Code § 21081(a)(3) and (b) that specific economic, social and other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report then the Planning Commission may still approve the tentative map;
      (6)   That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
      (7)   That the design of the subdivision or the type of improvements will conflict with ease-ments, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements previously acquired by the public. This division shall apply only to easements of record and to easements established by judgment of a court of competent jurisdiction. No authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
('86 Code, § 22.20.110) (Ord. 4120, passed - - )