16.28.070 Findings.
A. In recommending approval or conditional approval or in approving or conditionally approving a tentative map, the Planning Commission or City Council as applicable shall find:
1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and other applicable provisions of this code; and
2. Except for condominium conversion projects where no new structures are added, that the design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as described in the State Subdivision Map Act and any guidelines promulgated by the City Council.
B. In making recommendations or in disapproving, or in approving or in approving at a lower density a housing development which is in compliance with the applicable plans, zoning and development policies in effect at the time the project’s application was determined to be complete, the Planning Commission or City Council, as applicable shall make written findings based upon substantial evidence in the record that both of the following conditions exist:
1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.
2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.
C. In making recommendations or in approving or conditionally approving a tentative map for the conversion of a mobile home park to another use pursuant to Government Code Section 66427.4, the Planning Commission or City Council, as applicable shall be required to:
1. Take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning for additional replacement housing;
2. Find that there already exists land zoned for replacement housing or adequate space in other mobile home parks for those residents who will be displaced;
3. Require the subdivider to take steps to mitigate any significant adverse impacts of the conversion on the ability of the displaced mobile home park residents to find adequate space in a mobile home park; or
4. Make a finding, based upon substantial evidence, that mitigation pursuant to subsections (C)(1) and (3) of this section is not feasible. As used herein, “feasible” shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
D. The Planning Commission may recommend, and the City Council may deny, approval of the tentative map on any grounds provided by law including, without limitation, a finding that the discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, violation of existing requirements prescribed by a State regional water quality control board. A tentative map shall be denied if any of the following findings are made:
1. That the proposed map is not consistent with the General Plan, applicable specific plans, or other applicable provisions of this code;
2. That the design or improvement of the proposed subdivision is not consistent with the General Plan, applicable specific plans, or other applicable provisions of this code;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the City Council may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081 of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
6. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the City Council may approve a map if they find that alternate easements for access or for use will be provided and that those 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, and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision;
8. That all requirements of the California Environmental Quality Act and the rules and procedures adopted by the City Council pursuant thereto have not been met;
9. That the applicant has failed to submit complete or adequate information;
10. Subject to Section 66474.4 of the State Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.