§ 9-61.070. Conditions of Approval

Along with the approval of a Tentative Map, the Advisory Agency shall adopt conditions of approval in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act and shall meet the required nexus relationship.

A.

Mandatory conditions. The Commission shall adopt conditions of approval that will:

1.

Require that parcels, easements, or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, and public utilities providing electric, gas, and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2.

Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA;

3.

State the specific requirements of Chapter 9-64 (Subdivision Design and Improvement Requirements) that pertain to the project under consideration;

4.

Secure compliance with the requirements of this Development Code and the General Plan;

5.

Require that any designated remainder parcels not be subsequently sold or further subdivided unless a Conditional Certificate of Compliance (Section 9-63.020) is obtained in compliance with the State Subdivision Map Act; and

6.

Require the dedication of additional land for bicycle paths, local transit facilities (including bus turnouts, benches, shelters, etc.), and school sites, in compliance with Map Act Chapter 4, Article 3, so as to be consistent with the General Plan.

B.

Optional conditions. The Commission may also require as conditions of approval:

1.

The waiver of direct access rights to any existing or proposed streets;

2.

The reservation of sites for public facilities, including schools, fire stations, libraries, and other public uses in compliance with Government Code Section 66480;

3.

Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and

4.

Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with City ordinances or State law.

(§ 5, Ord. 1085, eff. January 6, 2006)