(A) Report. Upon receipt of a complete tentative map application, the Planning Department shall prepare a report with recommendations. The Planning Department shall set the matter for public hearing before the Planning Commission. A copy of the Department report shall be available to the applicant at least three days prior to the public hearing.
(B) Notice of public hearings.
(1) At least ten days prior to the public hearing, notice of the hearing shall be published at least once in a newspaper of general circulation within the jurisdiction of the county.
(2) At least ten days prior to the public hearing, notice of the hearing shall be mailed or delivered to the owner of the subject real property, the subdivider and all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In addition, notice of the hearing shall be mailed or delivered at least ten days prior to the public hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities may be significantly affected. Notice of the hearing shall also be mailed or delivered at least ten days prior to the public hearing to any person who has submitted a written request for notice with the Planning Department.
(3) The Planning Department may give notice of the hearing in any other manner it deems necessary or desirable.
(4) The failure of any person or entity to receive notice pursuant to this division shall not constitute grounds for any court to invalidate the actions for which the notice was given.
(C) Action. The Planning Commission shall approve, conditionally approve or disapprove the tentative map within 50 days after the tentative map application has been determined by the Planning Department to be complete. The time period shall not commence until certification of the environmental impact report, adoption of a negative declaration or a determination that the project is exempt from the requirements of the California Environmental Quality Act.
(D) Approval.
(1) The tentative map may be approved or conditionally approved by the Planning Commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan.
(2) The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department report. The Planning Commission may add additional requirements as a condition of its approval. The Planning Commission may require as 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. The fees shall be as adopted by ordinance in effect at the time the application is determined complete.
(3) If no action is taken upon the tentative map by the Planning Commission within the time limits specified in this section or any authorized extension thereof, the tentative map, as filed, shall be deemed to be approved, insofar as it complies with all other applicable provisions of the Subdivision Map Act, this title, this code and the general plan.
(E) Disapproval. The tentative map may be disapproved by the Planning Commission on any of the grounds set forth in the Subdivision Map Act or this title. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:
(1) That the proposed map is not consistent with the general plan or any applicable specific plan;
(2) That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan;
(3) That the site is not physically suitable for the type of development;
(4) That the site is not physically suitable for the proposed density of development;
(5) 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 Planning Commission may approve a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Cal. Public Resources Code § 21081 that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
(7) 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 Planning 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, and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision;
(8) Subject to Cal. Gov’t Code § 66474.4, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Cal. Gov’t Code §§ 51200 et seq.) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use; or
(9) Subject to Cal. Gov’t Code § 66474.6, that the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by the Central Coast Regional Water Quality Control Board pursuant to Cal. Water Code Division 7 (commencing with § 13000).
(1966 Code, § 17-21) (Ord. 617, § 2(part))