§ 9.139.090. Findings for approval.


Latest version.
  • The City Council shall not approve a tentative map, or a parcel map for which a tentative map was not required, unless it makes all of the following findings:

    (1)

    That the proposed map is consistent with applicable general and specific plans and zoning code.

    (2)

    That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans and zoning code.

    (3)

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

    (4)

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

    (5)

    That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

    (6)

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

    (7)

    That 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.

    (8)

    That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

    (9)

    For subdivisions in the City which are located in a very high fire hazard severity zone as shown in the City's General Plan, the following findings must also be made:

    a.

    That the design and location of each lot in the subdivision, and the subdivision as a whole, are consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code §§ 4290 and 4291;

    b.

    That structural fire protection and suppression services will be available for the subdivision by an entity listed in Government Code § 66474.02; and

    c.

    That to the extent practicable, ingress and egress for the subdivision meets the regulations regarding road standards for fire equipment access adopted pursuant to Public Resources Code § 4290 and any local ordinance of the City.

    The findings in Subsections (9)a and b of this section must be supported by substantial evidence.

(Ord. No. 297, § 9.07.040.100, 3-20-2007)