17.08.100 ADVISORY AGENCY DUTIES.
   .010   The Planning Commission shall make investigations on the design and improvement of any proposed division of real property for which a tentative map is filed for which the Planning Commission is the advisory agency, and shall have the authority, to approve, conditionally approve, or disapprove such map and  division of land.
   .015   (Repealed by 6156, 9/22/09) Required Findings.  Before the approval authority, or Planning Commission and/or City Council on appeal, may approve a tentative parcel map or tentative tract map, it must make a finding of fact, by resolution or written decision, that the evidence presented shows that all of the following conditions exist:
   .0151   That the proposed map is consistent with the General Plan and applicable specific plan;
   .0152   That the design or improvement of the proposed subdivision is consistent with the General Plan and applicable specific plan;
   .0153   That the site is physically suitable for the type of development;
   .0154   That the site is physically suitable for the proposed density of development;
   .0155   That 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;
   .0156   That the design of the subdivision or type of improvements are not likely to cause serious public health problems; and
   .0157   That 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.
   .020   (Repealed by 5329, 8/25/92)
   .030   Any subdivider or any interested person adversely affected by a decision of the advisory agency under any provision of this chapter may file an appeal or complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within ten days after the action of the advisory agency from which the appeal is being taken. In the event of an appeal by the subdivider, the advisory agency or any tenant of the subject property in the case of a conversion of a condominium, community apartment or stock cooperative, the City Council shall set the matter for public hearing. In the event of an appeal by any other person, the City Council may, in its discretion, reject the complaint within fifteen days or set the matter for public hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Sections 66451.3 and 66452.5. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977; Ord. 4294 § 1; December 22, 1981; Ord. 5191 § 3; December 11, 1990; Ord. 5329 §§ 4, 5; August 25, 1992: Ord. 6156 §§ 5, 6; September 22, 2009:  Ord. 6506 § 1; February 9, 2021.)