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In order to approve or recommend the approval of a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the County shall apply only the ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with § 87.02.030 (Tentative Map Filing, Initial Processing), except where the County has initiated General Plan, community plan, specific plan, area plan or Development Code changes, and provided public notice as required by Map Act § 66474.2.
(a) Required Findings for Approval.
(1) Mandatory Findings. The review authority shall approve a Tentative Map only after first making all of the following findings, as required by Map Act §§ 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act § 66424.6.
(A) The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable community plan, and any applicable specific plan;
(B) The site is physically suitable for the type and proposed density of development;
(C) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
(D) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;
(E) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding 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 review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;
(F) The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;
(G) The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and
(H) The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.
(2) Additional Specific Findings. The following additional specific findings shall be made by the review authority before approval or conditional approval of a Tentative Map, as applicable to the application.
(A) If the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Map Act §§ 66427.1(a) and 66452 before approving the proposed subdivision. Those requirements include the following:
(I) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received written notification of intention to convert at least 60 days before the filing of a Tentative Map in compliance with § 66452.
(II) Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights required in compliance with §§ 66451 and 66452.
(III) Each of the tenants received ten-days’ written notification that an application for a public report will be, or has been, submitted to the State Department of Real Estate, and that the report will be available on request.
(B) If the proposed subdivision is within an Agricultural Preserve, it shall comply with Map Act § 66474.4 and the findings in that Section, whether or not the land is currently under contract.
(3) Findings Under an EIR. Notwithstanding the finding required by Subdivision (a)(1)(C), above, the review authority may approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if an Environmental Impact Report (EIR) was prepared for the project and a finding is made in compliance with the Public Resources Code § 21081, that specific economic, social, or other considerations make the mitigation measures or project alternatives identified in the EIR infeasible.
(b) Supplemental Findings. In addition to the findings identified in Subdivision (a) above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.
(1) Construction of Improvements. In the case of a Tentative Map for a subdivision that will require a subsequent Parcel Map, the construction of improvements for the subdivision within a specified time after the recordation of the Parcel Map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.
(2) Waiver of Parcel Map. The findings required by § 87.03.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application.
(c) Situations Requiring Disapproval Unless Prerequisites Satisfied. A Tentative Map shall not be approved in the following cases.
(1) Residential Conversion Without Required Advance Tenant Notice. In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, the review authority shall not approve the Tentative Map unless evidence is provided by the subdivider, as required by Map Act §§ 66452.8 and 66452.9, that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider’s intent to convert.
(2) Residential Conversion Without Required Favorable Votes. In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the review authority shall not approve a Tentative Map unless evidence is provided by the subdivider, as required by Map Act § 66452.10, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of the conversion.
(3) Agricultural Preserve Parcels Too Small for Agriculture. In the case of land that is subject to a contract in compliance with the California Land Conservation Act of 1965 (Government Code § 51296) or if the land is located within an agricultural preserve without being subject to a contract, the review authority shall not approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if it finds that a parcel(s) proposed within the subdivision would be too small to sustain its agricultural use.
(A) For the purposes of this Section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:
(I) Less than ten acres in the case of prime agricultural land, except as allowed in Subdivision (3)(c) below; or
(II) Less than 40 acres in size in the case of land that is not prime agriculture land unless otherwise provided by this Development Code.
(B) The review authority may approve a subdivision with parcels smaller than those listed above if the findings in Map Act §§ 66474.4(c)(1) or 66474.4(c)(2), along with the other applicable findings in this Section are first made, or the land within the subdivision is subject to a contract when one of the following has occurred in compliance with Map Act § 66474.4(e):
(I) The Local Agency Formation Commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Government Code §§ 51243 and 51243.5.
(II) Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Government Code § 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.
(III) The Board has granted tentative approval for cancellation of the contract in compliance with Government Code § 51282.
(C) In compliance with Government Code § 66474.4(c), the Board has made the finding that parcels smaller than ten acres in size within Agricultural Preserves and designated RL (Rural Living) in the Crafton area east of Redlands can sustain agricultural uses allowed under Land Conservation Contracts; provided, the Planning Agency makes all of the following additional findings before the approval of any proposed subdivision:
(I) The subdivision is compatible with and would not adversely effect the existing agricultural uses or support services within the preserve;
(II) The subdivision will not serve to encourage land uses which will conflict with commercial agricultural uses; and
(III) The proposed subdivision has no parcels less than five acres in area unless the parcels are within a planned development or are for “well lot” purposes only. The average parcel size of all parcels within a planned development subdivision is not less than five acres.
(Ord. 4011, passed - -2007)