Section 66474.61 - Denial of approvalIn cities having a population of more than 2,800,000, the advisory agency, appeal board or legislative body shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings:
(a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.(b) That the design or improvement of the proposed subdivision 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 subdivision 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 subdivision or the type of improvements is likely to cause serious public health problems.(g) 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 legislative body may approve a 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 subdivision 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 a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
Amended by Stats. 1982, Ch. 518, Sec. 6.