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Item No. `6 , <br /> PC : 8-3-89 <br /> MS-89-69 <br /> Page 2 <br /> any conditions attached to the approval will address any <br /> potential. public health problems . <br /> 7 . The design of the subdivision or the type of improvements <br /> will not conflict with easements, acquired by the public at <br /> large, for access through or use of property within the pro- <br /> posed subdivision because if it is found that alternate ease- <br /> ments, for access or for use, are necessary, these easements <br /> will be substantially equivalent to ones previously acquired <br /> by the public . <br /> 8 . Any land or improvements to be dedicated to the County are <br /> consistent with the General Plan because any such improve- <br /> ments or land must meet County standards and requirements for <br /> dedication and/or construction. <br /> These Findings were made in the positive, based on the assumption <br /> that all conditions would be a part of the approval . Without the <br /> Conditions of Approval , the Findings could not have been made, <br /> and the application would not have been approved. <br /> APPEAL: <br /> On June 12 , 1989, the property owner , Salvador Olagaray, appea.led <br /> the Council of Governments Condition No . 3 (b) : <br /> "Deeds of Avigation and Hazard Easement shall be granted in <br /> favor of each airport , and Airport Noise Disclosure forms <br /> shall be completed and filed as recommended by the California <br /> Association of Realtors. " <br /> BASIS OF APPEAL: <br /> In his appeal , the property owner states that "airplanes do not <br /> fly over me and the condition is unnecessary" and "puts an unne- <br /> cessary hardship on me . " Mr . Olagaray also questions the lega- <br /> lity of all the Conditions of Approval , given the fact that <br /> action on this application was taken after the prescribed 50-day <br /> period set forth in the Subdivision Map Act (Sections 66452 . 1 (b) <br /> and 66452 . 2 ) . <br /> ANALYSIS OF APPEAL : <br /> In response to the " .legality" of the Conditions cif Apprc,v<al , tho <br /> Subdivision Map Act states that if action is not taken within the <br /> required period of time, the application shall be deemed to be <br /> approved only "insofar as it complies with other applicable <br /> requirements of this division and local ordinance" (Section <br />