§ 16.08.030. Action on.

The Advisory Agency shall not act on any tentative map until it receives a report thereon from the City Engineer, unless more than twenty-three (23) days have elapsed since the tentative map was filed with the Advisory Agency.

The Advisory Agency shall deny approval of a tentative map if it makes any of the following findings:

A.

That the proposed map is not consistent with applicable general and specific plans;

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 or safety 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 governing 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;

H.

That the design of the subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating and cooling opportunities include subdivision design which permits orientation of a structure in an east-west alignment for southern exposure and subdivision design which permits orientation of a structure to take advantage of shade and prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided and to other design and improvement requirements, and such provisions shall not result in reducing allowable densities or the provisions of a lot which may be occupied by a building or structure under applicable zoning in force at the time the tentative map is filed.

For the purposes of this section "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

I.

That the design of the subdivision, if located in a designated water reuse area pursuant to Section 13550 of the Water Code does not provide for the use of recycled water pursuant to Government Code Sections 65601—65607, water reuse notwithstanding that recycled water has been determined to be available pursuant to Section 13550 of the Water Code and no finding has been made that there is an alternative higher or better use for the recycled water, its use is not economically justified for the project, and its use is not financially and technically feasible for the project.

For the purpose of this section, the following terms are defined:

"Recycled water" means nonpotable water that results from the treatment of wastewater and is suitable for a direct beneficial use or controlled use that would not otherwise occur (consistent with Water Code Section13050(n));

"Water reuse area" means a geographic area identified by the East Bay Municipal Utility District (EBMUD) and for which recycled water is either currently available or is expected to be available within ten years, as shown in the attached City of Oakland Water Reuse Areas map;

"Provide for the use of recycled water" means provides a separate plumbing system, independent of the plumbing system provided to serve domestic, residential, and other potable water uses in the subdivision, to serve nonpotable water uses in the common areas of the subdivision, including, but not limited to, golf courses, parks, greenbelts, landscaped streets, and landscaped medians.

(Ord. 12397 § 5, 2002; prior code § 7-4.141)