Chapter 23 SUBDIVISIONS
Article IV. Subdivision Maps.
23-55 Mandatory disapproval.
(1) The advisory agency shall disapprove an application for a
tentative subdivision map if it finds that the application is not consistent
with the general plan.
(2) The advisory agency shall disapprove a tentative map if
it determines:
(A) That the proposed subdivision is inconsistent with
adopted specific plans;
(B) That the site is not physically suitable for the proposed
density or type of development;
(C) That the design of the land division or the proposed
improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
(D) That the design of the subdivision or the type of
improvement is likely to cause serious public health problems;
(E) 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 an application if it finds that
alternate easements for access or for use will be provided and that these will
be substantially equivalent to 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;
(F) That the proposed subdivision violates the provisions of
this article and no exception has been granted;
(G) That the proposed subdivision violates the provisions of
the Zoning Code as to area, setback or frontage requirements and no variance has
been granted.
(3) Notwithstanding the above, paragraphs (1) and (2)(A)
through (2)(E) are not applicable to the conversion of existing buildings into
condominium projects unless new units are to be constructed or added. (Ord. No.
1305, (part).)