16.94.080 Commission Determination.
   A.   Notice of Public Hearings - Tentative Tract Maps and Commercial/Industrial Maps. Upon receipt of a complete tentative map application, the department shall prepare a written report with recommendations. The department shall schedule the matter for a public hearing before the Planning Commission for tract maps and commercial/industrial parcel maps, in compliance with Chapter 16.76 (Public Hearings). A copy of the department report shall be provided to the subdivider at least three days before the public hearing at the address designated on the application.
   B.   Action. The Commission shall approve, conditionally approve, or disapprove the tentative map within the time limits identified in state law after the tentative map application has been determined by the department to be complete.
   C.   No Action. If not action is taken upon a tentative map by the Commission to approve, conditionally approve, or disapprove the tentative map, or by the council, within the time limits identified in state law, or an authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of state law and this development code. The city clerk shall certify the approval, in compliance with state law (Government Code Section 66452.4).
   D. Findings.
      1.   Approval. The tentative map may be approved or conditionally approved by the commission if it finds that the proposed subdivision, together with the provisions for its design and improvements are in conformance with the general plan, any applicable specific plan or master development plan, and all applicable provisions of this development code.
      2.   Disapproval. The tentative map may be disapproved by the commission based on any of the findings contained in the subdivision map act or this development code. The commission shall disapprove the tentative map if it makes any of the following mandatory findings of fact, in compliance with state law (Government Code Section 66474):
         a.   The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451);
         b.   The site is not physically suitable for the type or density of development proposed;
         c.   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;
         d.   The design of the subdivision or type of improvements is likely to cause serious public health problems; or
         e.   The design of the subdivision of the type of improvements would conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
   E.   Payment of Fees. The commission may require as a condition of approval, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of a building permit shall be made at the rate for applicable fees in effect at the time of the application or issuance of the building permit.
(Ord. 556 § 28, 2020; Ord. 544 §§ 44, 45, 2019; Ord. 367 § 7 (part), 2006; Ord. 182 § 2 (part), 1997)