1. Notice of Public Hearings.
Upon receipt of a complete application, the Department shall prepare a report with recommendations after environmental review by the ERC. The Department shall set the matter of a tentative parcel map for public hearing before the D/ERC or for a tentative tract map before the Commission, pursuant to Chapter 19.52. A copy of the Department report shall be mailed to the subdivider at least three days prior to the public hearing at the address designated on the application.
2. Action.
The D/ERC or the Commission shall approve, conditionally approve or deny the tentative parcel map or tract map, as applicable, within 50 days after the tentative parcel or tract map application has been determined by the Department to be complete, and report the decision to the subdivider. If an environmental impact report is prepared, the decision by the D/ERC or the Commission shall be made 45 days after certification of the report.
3. Determination.
The tentative parcel or tract map may be approved or conditionally approved by the D/ERC or the Commission if it finds that the proposed subdivision, together with the provisions for its design and improvements, are consistent with the General Plan, any applicable specific plan, and all applicable provisions of the Municipal Code. The D/ERC or the 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 for, or issuance of, a building permit or other similar permit, shall be made at the rate for applicable fees in effect at the time of said application or issuance of a building or similar permit.
The tentative parcel or tract map may be denied by the D/ERC or the Commission on any of the grounds contained in the Map Act, General Plan or the Municipal Code. The D/ERC or the Commission shall deny the tentative parcel or tract map if it makes any of the following mandatory findings contained in Map Act Section 66474:
A. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;
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 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 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.