Mountain View Municipal Code § 28.2 Mandatory finding

No tentative or preliminary parcel map hereunder shall be approved unless the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, Chapter 36 (Zoning) of the city code, and, any applicable precise plan and the approval body or official so finds. Failure of the approval body or official to so find shall require disapproval of the proposed map.

(Ord. No. 3.22, § 1, 4/12/22.)

The approval body or official shall deny approval of a tentative or preliminary parcel map if it makes any of the following findings:

a. That the proposed map is not consistent with the general and/or applicable precise plan.

b. That the design or improvement of the proposed subdivision is not consistent with the general plan and/or applicable precise plan.

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, unless an environmental impact report was prepared with respect to the project and a finding was made pursuant to paragraph (3) of subdivision (a) 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.

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 approval body or official 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 subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

(Ord. No. 3.22, § 1, 4/12/22; Ord. No. 11.2026, § 3, 6/9/26.)

Editor's note— Ord. No. 11.2026, § 3, adopted June 9, 2026, repealed § 28.2.10, which pertained to environmental finding and derived from (Ord. No. 3.22, § 1, adopted April 12, 2022.

The approval body or official shall not deny approval of a final or parcel map pursuant to Article IV of this Chapter if it has previously approved a tentative or preliminary parcel map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative or preliminary map.

(Ord. No. 3.22, § 1, 4/12/22; Ord. No. 11.2026, § 3, 6/9/26.)

Editor's note— Ord. No. 11.2026, § 3, adopted June 9, 2026, amended the title of § 28.2.15 to read as herein set out. The former § 28.2.15 title pertained to compliance with tentative map.