A. Appeal to Council.
1. If the subdivider is dissatisfied with any action of the Commission with respect to the Tentative Map or the requirements related to the approval thereof by the Commission, he may, within fifteen (15) days, appeal to the Council for a public hearing thereon.
2. Upon the filing of an appeal, the City Council shall set the matter for hearing. Such hearing shall be held within thirty (30) days after the date of filing the appeal. Within ten (10) days following the conclusion of the hearing the City Council shall render its decision on the appeal.
B. Council action when no appeal. In the event no appeal is filed by the subdivider, the Council, upon receipt of the Commission's report at its next regular meeting, shall fix a date within the next thirty (30) days for consideration of the Tentative Map.
C. Council's action. Upon conclusion of the appeal, or after consideration of the report, testimony, or other related matters, the Council may sustain, modify, reject, or overrule the recommendations or determinations of the Commission.
D. Findings. The map shall not be approved unless a finding has been made that the map, including the provisions for design and improvement is consistent with the General Plan of the City or any related elements or specific plans. The City Council shall deny approval of a final or tentative subdivision 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 substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
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 easements, 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 ones 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 and 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.
E. The City Council shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Cal. Water Code Div. 7 (commencing with § 13000). In the event that the Council finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the Tentative Map or maps of the subdivision.
F. The City Council shall not deny approval of a final subdivision map pursuant to Cal. Gov't Code § 66474 if it has previously approved a Tentative Map for the proposed subdivision and if it finds that the Final Map is in substantial compliance with the previously approved Tentative Map.
('65 Code, § 31-74) (Ord. No. CS-622 § 1 (part); Ord. No. CS-845 § 1 (part))