16.16.070 Findings by advisory agency.
A. Delegation. The responsibility for determining satisfaction of the following requirements is assigned to the advisory agency pursuant to Section 66474.7 of the Map Act:
1. No map shall be approved unless the advisory agency finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the general plan as required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code, and makes the findings required by Sections 66412.3 and 66473.1 of the Map Act.
2. The advisory agency shall deny approval of a final or tentative subdivision map if it makes any of the following findings:
a. That the proposed map is not consistent with applicable general and specific plans;
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 proposed density of development;
e. Except as provided in Section 66474.01 of the Map Act, 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 the 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. In this connection, the advisory agency 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 those 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 advisory agency to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
3. The advisory agency 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. In the event that the advisory agency 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.
B. Compliance with Tentative Map. The city council shall not deny approval of a final map pursuant to Section 66474 of the Map Act if the advisory agency (or city council on appeal) has previously approved a tentative map for the proposed subdivision, if the city council finds that the final map is in substantial compliance with the previously approved tentative map.
C. Appeal. Any interested person may appeal any decision of the advisory agency relative to the matters set forth in subsection A of this section to the city council, following the procedure set forth in Chapter 16.52. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5. (Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)