§ 8205-5.5. Findings.

The Advisory Agency or the Board of Supervisors shall deny approval of a tentative parcel map or tentative tract map, respectively, if it makes any of the following findings, based on information submitted at the public hearing:

(a)

The proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code;

(b)

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

(c)

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

(d)

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

(e)

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, provided that the Advisory Agency or Board of Supervisors as appropriate may approve the tentative map if an environmental impact report was prepared with respect to the subdivision and it also finds that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

(f)

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

(g)

The design of the subdivision or the type of improvements will conflict with easements which are of record or are established by judgment of a court of competent jurisdiction and which have been acquired by the public at large for access through or use of property within the proposed subdivision; provided that the Advisory Agency or Board of Supervisors as appropriate may approve the tentative map if it also 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;

(h)

The discharge of waste from the proposed subdivision into an existing community sewer system would result in, or add to, a violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code;

(i)

The property fronts on any public waterway, public river, public stream, coastline, shoreline, publicly owned lake or publicly owned reservoir and the proposed subdivision does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the waterway, river, stream, lake or reservoir bordering or lying within the proposed subdivision, or to land below the ordinary highwater mark on any ocean coastline or bay shoreline within the subdivision; provided that the Advisory Agency or Board of Supervisors as appropriate may approve the tentative map if it also finds that alternate reasonable public access is available within a reasonable distance from the subdivision;

(j)

The proposed subdivision fronts along a public waterway, public river or public stream and does not provide for a dedication of a public easement along a portion of the bank of the waterway, river or stream bordering or lying within the subdivision, which easement is defined so as to provide reasonable public use of the waterway, river or stream consistent with public safety;

(k)

The proposed subdivision would be incompatible with existing conditionally permitted oil/gas leases or oil/gas wells located within the proposed subdivision;

(l)

The parent parcel or a portion thereof is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, the parent parcel or portion thereof subject to the contract is large enough to sustain a viable commercial agricultural use, and the proposed subdivision would create one or more lots which would be too small to sustain such a use or would otherwise violate any of the provisions of the contract;

(m)

The proposed subdivision would be detrimental to the public health, safety or welfare, or would be injurious or detrimental to property or existing lawful uses of property in the neighborhood;

(n)

The subdivider does not have either record title to or a contractual right to acquire title to all rights-of-way necessary to provide any proposed off-site access from the proposed subdivision to the nearest public road;

(o)

The proposed subdivision is not consistent with applicable provisions of the County Hazardous Waste Management Plan;

(p)

The proposed subdivision is located within a special studies zone established pursuant to the Alquist-Priolo Special Studies Zone Act (Public Resources Code, Section 2621 et seq.) and is not in accordance with the policies and criteria established by the State Mining and Geology Board pursuant to that Act; or

(q)

The proposed subdivision is located adjacent to or contains a potential Cultural Heritage Site or a Designated Site and has not received a Certificate of Appropriateness from the Ventura County Cultural Heritage Board.

(Am. Ord. 4221—12/5/00)