(A) Notice of public hearings.
(1) Upon receipt of a valid application, and having received from the Department of Community Development their report and recommendations for the proposed tentative subdivision map, the secretary of the Planning Commission shall set the matter for public hearing.
(2) The notice shall be provided as set forth in §§ 155.408.080 et seq. of this title.
(3) The Planning Commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the City Council and the subdivider within 50 days after the tentative map has been accepted for filing.
(B) Approval.
(1) In approving or conditionally approving the tentative subdivision map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans (including the coastal land use plan) adopted by the city.
(2) The Planning Commission may modify or delete any of the conditions of approval recommended in the Department of Community Development’s report, except conditions required by city ordinance or by the City Engineer, related to public health and safety or standards approved by the City Engineer, or add additional requirements as a condition of its approval.
(3) If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the State Subdivision Map Act, this chapter or other city ordinances, and it shall be the duty of this City Clerk to certify the approval.
(C) Denial. The tentative subdivision map may be denied by the Planning Commission on any of the grounds provided by city ordinances or the State Subdivision Map Act. The Planning Commission 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, coastal, and specific plans.
(2) That the design or improvement of the proposed subdivision is not consistent with applicable general, coastal land use, or specific plans, as applicable.
(3) That the site is not physically suitable for land use 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 subdivision 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.
(8) In the coastal zone, that the proposed subdivision results in the creation of a parcel or parcels totally within an environmentally sensitive habitat area or flood hazard area as defined in the coastal land use plan. Parcels created by division shall have sufficient nonsensitive and non-hazard area to accommodate development allowed in the applicable land use category, but not allowed in a sensitive habitat or flood hazard area.
(D) City Council review.
(1) If a tentative map is approved or conditionally approved, the Department of Community Development shall make a written report to the City Council. After the 15-day appeal period has expired, the City Council at its first meeting thereafter, shall consider the recommendation of the Planning Commission, unless the subdivider consents to a continuance. If the Council decides to review the map and conditions, it shall conduct a public hearing after giving notice pursuant to division (A) of this section. In addition, notice shall be given to the subdivider and the Planning Commission. At that hearing, the Council may add, modify, or delete conditions when the Council determines that such changes are necessary to insure that the tentative map conforms to zoning conditions imposed upon the property, applicable city ordinances, and of the State Subdivision Map Act. The City Council may deny the tentative map on any of the grounds contained in division (C) of this section. If the Council does not act within the time limits set forth in this subchapter, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Commission’s report.
(2) For proposed subdivisions in the coastal zone, the City Council shall provide notice of final city action on a tentative map to the Coastal Commission, as prescribed in Chapter 156 of this title.
(E) Extension of time for Planning Commission or City Council action. The time limits set forth in this section for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.
(‘63 Code, § 10-4.402.6) (Ord. 416-C.S., passed 12-6-84; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 727-C.S., passed 6-17-08; Am. Ord. 834-C.S., passed 6-7-16; Am. Ord. 885-C.S., passed 5-21-19)