Chapter 23 SUBDIVISIONS
Article V. Parcel Maps.
23-72 Disapproval of application.
(1) The advisory agency shall disapprove an application for a
parcel map if it finds that the application is not consistent with the general
plan.
(2) The advisory agency shall disapprove a parcel map if it
determines:
(A) That the proposed land division is inconsistent with
specific plans or with city-adopted community plans;
(B) That the design or improvement of the application 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 the proposed
density of development;
(E) 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;
(F) That the design of the land division or the type of
improvement is likely to cause serious public health problems;
(G) That the design of the land division or the type of
improvement 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 governing body 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;
(H) That the proposed land division violates the provisions
of this article and no exception has been granted;
(I) That the proposed land division 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 (A) and (B)(1)
through (B)(7) are not applicable to conversion of existing buildings into
condominium projects unless new units are to be constructed or added. (Ord. No.
1305, (part).)