The action of an advisory agency to approve, conditionally approve or disapprove a map shall be subject to the following:
A. 
The Planning Commission and the City Council shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act and this chapter and, in the case of a final map, applicable at the time of approval of the tentative map, except to the extent that such requirements or conditions shall have been modified as provided by this chapter.
B. 
The Planning Commission and the City Council shall not approve a map unless they find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan or any specific plan applicable thereto. A proposed subdivision shall be consistent with the general plan or a specific plan only if the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such plan.
C. 
The Planning Commission and the City Council shall deny approval of a final or tentative subdivision map if they make any of the following findings:
1. 
That the proposed map is not consistent with applicable general and specific plans;
2. 
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
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 and wildlife or their habitat;
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 or 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 one previously acquired by the public. This subdivision 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 determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
D. 
The City Council shall not deny approval of a final subdivision map pursuant to subsection C above if it or the Planning Commission has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map is in substantial compliance with the previously approved tentative map.
E. 
The City Council shall not approve a final subdivision map for any land project, as defined in Section 11000.5 of the Business and Professions Code, of the state, unless:
1. 
The City has adopted a specific plan covering the area proposed to be included within the land project;
2. 
The City Council finds that the proposed land project, together with the provisions for its design and improvement, is consistent with the specific plan for the area.
F. 
The Planning Commission or the City Council on appeal shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the state. In the event that the Planning Commission or City Council finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.
(Prior code § 30-14; Ord. 2004-882, § 4, 2004)
A. 
Revised Tentative Subdivision Maps After Approval. After approval or conditional approval of a tentative subdivision map, any revised map shall comply with all regulations in effect at the time such revised map is filed.
1. 
When a tentative subdivision map has been approved, no other subdivider shall file a different tentative subdivision map for the same parcel of land without the express written consent of the current property owner or the original subdivider unless such previous tentative subdivision map has been invalidated by action of the Planning Commission or City Council or by expiration of time;
2. 
The approval or conditional approval of any revised tentative subdivision map shall nullify all currently active approved tentative subdivision maps that are applicable to the same parcel of land.
B. 
Changes in Tentative Subdivision Map. After the approval or conditional approval of a tentative subdivision map, if any change deemed to be substantial by the subdivision committee is made by the subdivider in the information shown on, or supplied with, the tentative subdivision map, such change shall be submitted to the Planning Commission in writing and approved by it prior to the recording of the final subdivision map.
C. 
Changes in Conditions of Approval. After the conditional approval of a tentative subdivision map and prior to the recordation of the final subdivision map, the subdivider may request, and the Planning Commission may approve, revisions in the conditions of approval. Any such revisions shall not affect the item limit for recording a final subdivision map unless expressly so provided.
D. 
Changes in Conditions of Final Map. After a final map or parcel map is filed in the office of the County Recorder, such a recorded final map may be modified by a certificate of correction or an amending map, if the local agency finds that there are changes in the circumstances which make any or all of the conditions of such map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. Any such modification shall be set for public hearing as provided by Government Code Section 66451.3 of the Subdivision Map Act. The legislative body shall confine the hearing to consideration of and action on the proposed modification.
(Prior code § 30-15; Ord. 89-618 § 1, 1989; Ord. 2004-882, § 4, 2004)
A. 
The subdivider may appeal such action to the City Council, within fifteen days from any action of an advisory agency with respect to a tentative map, or certificate of compliance, or within fifteen days from any action of an advisory agency with respect to an extension of a tentative map, provided that the City Council shall render its decision on the appeal within fifty days following the action of the advisory agency, as required by Government Code Section 66452.5(b).
B. 
Any interested person adversely affected by a decision of the advisory agency may file a complaint with the City Council concerning such decision. Any such complaint concerning an action by an advisory agency with respect to a tentative map or certificate of compliance, shall be filed with the City Clerk within fifteen days after the action which is the subject of the complaint. Any such complaint concerning an action by an advisory agency with respect to an extension of a tentative map shall be filed with the City Clerk within fifteen days after the action which is the subject of the complaint. Upon the filing of an appeal, the City Council shall set the matter for hearing. The hearing shall be conducted and notice thereof given as provided by Government Code Sections 66451.3, 66452.5(a) and (d), 65090, 65091, and this section, provided that the City Council shall render its decision on the appeal within fifty days following the action of the advisory agency, as required by Government Code Section 66452.5(b).
C. 
The City Council, upon a duly adopted motion, may appeal within fifteen days any action by the advisory agency with respect to a tentative map or certificate of compliance, or within fifteen days of approval of the advisory agency of any extension to a tentative map. If the City Council does appeal any such actions of the advisory agency, the City Council shall hold a hearing as described in section B of this section and shall render its decision on the appeal within fifty days following the action of the advisory agency, as required by Government Code Section 66452.5(b).
D. 
Notwithstanding the provisions of subsections A, B and C of this section, any interested person may appeal any decision of an advisory agency relative to the provisions of Government Code Sections 66473.5, 66474.1 and 66474.6 to the City Council. Such appeal shall be filed in accordance with this section and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b), and this section.
(Prior code § 30-16; Ord. 92-721 § 3, 1992; Ord. 2002-853 § 1, 2002; Ord. 2004-882, § 4, 2004)
Filing fees, map-checking fees, drainage fees, appeal fees, street-lighting fees, engineering and inspection fees and other related fees shall be established by resolution of the City Council.
(Prior code § 30-17; Ord. 2004-882, § 4, 2004)