§ 17.14.060. Denial of approval—Conditions.  


Latest version.
  • A.

    The advisory agency, or on appeal the board, shall deny approval of a tentative map if it makes any of the following findings:

    1.

    The proposed map is not consistent with applicable general and specific plans. A proposed subdivision shall be deemed consistent with the Napa County general plan and any applicable specific plan the county has officially adopted for the area where the land is located if the proposed subdivision or related land uses are compatible with objectives, policies, general land uses and programs specified by such plan or plans;

    2.

    The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

    3.

    The site is not physically suitable for the type of development;

    4.

    The site is not physically suitable for the proposed density of development:

    5.

    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;

    6.

    The design of the subdivision or the type of improvements is likely to cause serious public health or safety problems;

    7.

    The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through, or the use of property within, the proposed subdivision. Notwithstanding the preceding sentence, the advisory agency, or on appeal the board, may approve the map 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 and the approving officer or body shall not use this subdivision (7) to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

    B.

    Notwithstanding subsection (A)(5) of this section, a tentative map may be approved even though an environmental impact report was prepared with respect to the project that identified significant adverse environmental effects if a finding is made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. 981 § 21, 1991: Ord. 854 § 2 (part), 1987: prior code § 11624)