A. The planning commission shall consider the tentative map application, the staff report and other pertinent information in its scheduled meeting and shall hold a public hearing within fifty (50) days after the acceptance of the application by the community development department as provided in section 11-2-4 of this chapter. After the public hearing is closed, the planning commission shall do the following:
1. The commission shall review the environmental impact assessment of the applicant's proposal, make findings and take appropriate action in accordance with the California environmental quality act, including adopting a negative declaration or requiring an environmental impact report.
2. If the commission adopts a negative declaration or determines the proposal is exempt from the California environmental quality act, it shall then approve, conditionally approve or disapprove the tentative subdivision map within fifty (50) days after such adoption or determination.
3. If the commission requires an environmental impact report to be prepared, it shall then approve, conditionally approve or disapprove the tentative map within fifty (50) days after certification of the environmental impact report.
4. The commission shall report in writing to the subdivider and to the city council the approval, conditional approval or disapproval, and the conditions on which such action is based. A tentative map may be approved or conditionally approved by the planning commission only if all requirements of this title and other applicable federal, state and local laws, regulations and policies of the city council are complied with or can be met by compliance with specified conditions.
5. The commission shall disapprove a tentative map if it makes any of the following findings:
a. That the proposed tentative map is not consistent with the general plan or any applicable specific plan as specified in Government Code section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan.
c. That the site of the proposed subdivision is not physically suitable for the type of development.
d. That the site of the proposed subdivision is not physically suitable for the proposed density of development.
e. That the design of the proposed subdivision is or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the proposed subdivision or type of improvements is likely to cause serious public health problems.
g. That the design of the proposed 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; provided that the commission may approve the tentative map if it finds that alternate easements for access or 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 the commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
h. That the tentative map fails to meet or perform any of the requirements or conditions imposed by the subdivision map act or this title; provided, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.
B. The time limit set forth in this section for acting on the tentative map application may be extended by mutual consent of the subdivider and the planning commission.
C. The planning commission's decision shall be final after ten (10) days from the date of the commission's action, but become advisory if, within such ten (10) day period, an appeal is filed pursuant to section 11-2-8 of this chapter. (Ord. 2000-05, 4-25-2000)