(A) Public hearings. Whenever a tentative parcel 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:
(1) By publication in a newspaper of general circulation in the city, and
(2) By mailing the notice to the owners of all real property within 300 feet of the property which is the subject of the application.
(B) Approval by Planning Commission. If the tentative map complies with all of the requirements of this chapter and the Subdivision Map Act, the Commission may approve the division, subject to the dedication of necessary right-of-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the Commission, and the installation of all necessary utilities and connections to each lot. All lot sizes shall conform to the provisions of the Zoning Regulations of the city.
(C) Limitations on approval. A tentative parcel map shall not be approved or conditionally approved by the Planning Commission if it makes any of the following findings:
(1) The proposed map is not consistent with applicable general and specific plans.
(2) The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
(3) The site is not physically suitable for the proposed type of development.
(4) The site is not physically suitable for the proposed density of the development.
(5) 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) The design of the subdivision or the type of improvements is likely to cause serious public health problems.
(7) 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 Commission 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.
(D) Protest. The subdivider, any tenant of the subject property, or any interested person adversely affected by a decision of the Planning Commission may file a written protest within ten days after the Planning Commission action. Upon filing of an appeal, the City Council will hold a public hearing and render its decision within 30 days of the filing of the appeal.
(E) Subdivider to indemnify city. If any controversy exists regarding the approval of a tentative parcel map, the tentative parcel 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 map, provided that the action is brought within the time period provided for in Cal. Gov't Code § 66499.37.
(`67 Code, § 11-6-4)