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 town shall apply only the ordinances, policies, and standards in effect on the date the director determined that the application was complete in compliance with section 9.91.030, "Tentative Map Filing", of this chapter, except where the town has initiated general plan, specific plan, area plan or development code changes, and provided public notice as required by map act section 66474.2.
A. Required Findings For Approval:
1. Mandatory Findings: The review authority shall approve a tentative parcel or tract map only after first making all of the following findings, as required by Government Code sections 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel specified as a designated remainder in compliance with Government Code section 66424.6.
a. The proposed map, subdivision design, and improvements are consistent with the general plan, any applicable specific plan, and this article 6;
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.
(1) 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.
(2) 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 design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and
g. 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.
h. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in the violation of existing requirements prescribed by the California regional water quality control board in compliance with Water Code section 13000 et seq.
2. Additional Specific Findings: Additional specific findings shall be made by the review authority before approval or conditional approval of a tentative parcel or tract map, as applicable to the application, such as 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 Government Code sections 66427.1(a) and 66452 before approving the proposed subdivision.
3. Findings Under An EIR: Notwithstanding the finding required by subsection A1c of this section, 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 Public Resources Code section 21081 subdivision (a) paragraph (3), that specific economic, social, or other considerations make the mitigation measures or project alternatives specified in the EIR infeasible.
B. Supplemental Findings: In addition to the findings specified in subsection A of this section, the review authority shall not approve a tentative parcel or tract 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 section 9.92.020, "Waiver Of Parcel Map", of this article 6, if waiver of a parcel map has been requested with the tentative map application.
C. Time Limits: The time limits for acting and reporting on tentative parcel or tract maps and appeals, as specified in this article 6 and by the act, may be extended by mutual consent of the subdivider and the review authority.
D. Appeals: The subdivider or any interested person adversely affected by a decision of the review authority with respect to a tentative parcel or tract map may appeal, in compliance with the applicable appeals procedures specified in Government Code section 66452.5, chapter 9.81, "Appeals", of this title, and as follows:
1. If the commission is the review authority, then the appeal shall be to the council which is established as the appeals board;
2. If the review authority is not the commission, then the first appeal shall be to the commission. The commission's decision may be appealed to the council. (Ord. 242, 9-3-2013)