A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan, including compatibility with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan (Subdivision Map Act, Government Code Section 66473.5).

B. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Subdivision Map Act, Government Code Section 66473.1).

C. That the site is physically suitable for the proposed type of development.

D. That the site is physically suitable for the proposed density of development.

E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat or an environmental impact report was prepared with respect to the project and a finding is made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures and project alternatives are identified in the environmental impact report.

F. That the design of the proposed subdivision or the type of proposed improvements is not likely to cause serious public health or safety problems.

G. That the design of the proposed subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or with public access to public resources as defined and regulated by Section 66478.1 et seq. of the Government Code. The director or city council may approve a tentative map if alternate easements, for access or for use, will be provided, and these will be substantially equivalent to the 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 hereby granted to the city to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

H. The effect of its action on the housing needs of the region has been considered and balanced those needs against the public service needs of its residents and available fiscal and environmental resources with favorable results pursuant to Section 66412.3 of the Government Code.

I. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to 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 attach, set aside, void or annul an approval of the city council, planning commission, or city staff concerning a subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. (Ord. 1729 § 4 (Exh. A), 2023)