(A) Public hearings.
(1) Whenever a tentative map is submitted to the Planning Commission for review, the Planning Commission shall give notice of the hearing not less than ten days before the date of the hearing in the following manner:
(a) By publication in a newspaper of general circulation in the city; and
(b) By mailing the notice to the owners of all real property within 300 feet of the property which is the subject of the application.
(2) If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by mail to each tenant of the subject property and shall also include notification of the tenant's right to appear and be heard.
(B) Time limits.
(1) The Planning Commission shall review and make a written report on the tentative map within 50 days after it has been accepted for filing by the secretary of the Planning Commission.
(2) At the next regular meeting of the City Council following filing of the Planning Commission report with it, the City Council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within 30 days thereafter and the City Council shall approve, conditionally approve, or disapprove the tentative map within such, 30-day period. If no action is taken on the tentative map within the above time limits, or any authorized extension thereof, the tentative map as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of this chapter.
(3) The time limit for acting and reporting on tentative maps as specified in this section may be extended by mutual consent of the subdivider and the City Council.
(C) Notices to subdivider. Any report or recommendation on a tentative map by the staff or Planning Commission shall be served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to the hearing on such map by the Planning Commission or City Council. Such required submission in writing shall be deemed complied with when such reports or recommendations are placed in the mail bearing proper postage, and directed to the subdivider at his address shown on the map or at other address as requested in writing.
(D) Findings. A tentative map shall not be approved or conditionally approved by the City Council unless the City Council finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the general plan and applicable specific plans of the city.
(1) In connection with their review of a tentative map, the City Council shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in violation of existing requirements prescribed.
(2) The City Council shall consider the effect of its actions on the housing needs of the region in which the local jurisdiction is situated and balance those needs against the public service needs of the city's residents and available fiscal and environmental resources.
(3) A tentative map shall not be approved or conditionally approved by the City Council if it makes any of the following findings:
(a) The proposed map is not consistent with applicable general and specific plans.
(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of the development.
(e) 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.
(f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.
(g) 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 City Council 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 division shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.
(E) Public access to the Stanislaus River. No approval shall be granted for a tentative map of any proposed subdivision to be fronted upon the Stanislaus River which does not provide for a dedication of a public easement along a portion of the bank of the river bordering or lying within the proposed subdivision. Reasonable public access from a public highway to the Stanislaus River shall also be provided. These easements shall comply with the provisions of Cal. Gov't Code §§ 66478.1 et seq. and may be satisfied by using the existing United States Corps of Engineers easement.
(F) Subdivider to indemnify city. If any controversy exists regarding the approval of a tentative map, the tentative map shall include a condition that the subdivider defend, indemnify, and hold harmless the city and its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City Council concerning the subdivision, provided that the action is brought within the time period provided for in Cal. Gov't Code § 66499.37.
(`67 Code, § 11-4-5)