A. Notice of Public Hearings Before Planning and Design Commission. Within a reasonable period of time following consideration by the subdivision review committee of a vesting tentative map, the director shall prepare a report with recommendations, and shall set the matter for hearing before the planning and design commission. A copy of the report of the planning director shall be forwarded to the subdivider at least three days prior to the public hearing. Notice of the hearing before the planning and design commission shall be provided in the same manner as specified in section 17.828.090.A.
B. Recommendation by Planning and Design Commission. The planning and design commission shall make such recommendations as it deems appropriate on the vesting tentative map application, as well as any other entitlements before it.
C. Notice of Hearing Before City Council. The city clerk shall set the matter for public hearing before the city council within 30 days following the date on which the planning and design commission makes a recommendation or takes other action. Notice of the hearing before the city council shall be given in the same manner specified in section 17.828.090.A for hearings before the planning and design commission.
D. Action by the City Council. The city council shall approve, conditionally approve, or deny the vesting tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the city council that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the city council to the subdivider. Except as otherwise provided by the subdivision map act, failure to act within the above-specified time limits shall not be deemed or considered approval of the vesting tentative map.
E. Approval by City Council. The vesting tentative map may be approved or conditionally approved by the city council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The city council may require a condition of its 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 or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
The city council may modify or delete any of the conditions of approval recommended in the department's report. The city council may add additional requirements as a condition of its approval.
F. Denial by City Council. The vesting tentative map may be denied by the city council on any of the grounds provided by the subdivision map act or this code. Except as otherwise required by state or federal law, the city council shall deny approval of the vesting tentative map if it makes any of the following findings:
1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. 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. Notwithstanding the foregoing, the city council may approve such a vesting tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of California Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6. 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 subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. Subject to section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the California Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Ord. 2017-0009 § 22)