The planning commission shall consider the tentative parcel map application and staff report at its next meeting at which such matter may be considered legally. In any event, the commission shall approve, conditionally approve or disapprove the tentative parcel map application within fifty (50) days after an environmental impact report is certified or a negative declaration is adopted for the project or the project is declared exempt from the provisions of the California environmental quality act. The community development director shall report, in writing, the commission's decision to the applicant within seven (7) days after the commission's action.
The commission shall disapprove a tentative parcel map if it makes any of the following findings:
A. That the proposed tentative parcel map is not consistent with the general plan or any applicable specific plans 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 parcel 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 parcel 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. (Ord. 2000-05, 4-25-2000)