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having a significant effect on the environment if the agency <br />has the discretion of either approving or disapproving the <br />project. CEQA specifically includes tentative subdivision <br />maps in the category of discretionary project for which an <br />EIR is required. <br />Obviously, if the EIR points out negative impacts, <br />the city may impose conditions to mitigate those on the <br />basis that under Section 66474 (e) the city has the power to <br />deny subdivisions whose design or proposed improvements are <br />likely to cause substantial environmental damage. This is <br />on the theory that the power to reject for given fact <br />implies power to accept with conditions arrived at obviating <br />that factor. (See City of Buena Park v. Boyer, 166 Cal. <br />App. 2d 61 (1967).) Public Resources Code Section 21004 <br />which states that a City cannot use its CEQA powers to <br />attach conditions to approval is not applicable in the <br />subdivision approval process since the City is relying on <br />its powers under the Map Act. <br />3. Conditions that may be imposed pursuant to the <br />expansion of the definitions of "design" and <br />"improvement" by the 1971 Legislature (Chap. <br />1446, McCarthy) --- (Consistency with General <br />Plan Requirements). <br />The 1971 legislative amendments requiring that a <br />city in approving a snap must make a finding that the <br />subdivision, together with the provisions of its "design" <br />and 'improvement," are consistent with the general plan or <br />any applicable specific plan, expanded the power of a city. <br />This legislation, in addition to stressing the role of the <br />general plan, also gave new l.cense to cities in condition- <br />ing development (58 Ops. Cal. Atty. Gen. 41 (1975)). <br />In another opinion, 59 Ops. Cal. Atty. Gen. 129 <br />(1976), again commenting on the McCarthy legislation and <br />particular,y Sections 66419 and 66419 relating to definition <br />of design and improvement in the Subdivision Map Act, Vie <br />Attorney General stated that a city is not limited to the <br />traditional dedication requirements such as streets and <br />parks, but wi th proper general plan and regulatory <br />ordinances such dedication principles could be applied to <br />ether matters. The key portion of both definitions is the <br />tie-in with the general plan, e.g., "design" also includes <br />such other specific physical requirements in the plan and <br />configuration of the entire subdivisions as may be necessary <br />to ensure consistency with or implementation of the general <br />plan. The definition of "improvement" contains similar <br />language. The Attorney General stated that the 1971 <br />amendments, read together with the Supreme Court decision in <br />Associated Stine Builde-.6, Etc.t xnc. v. City of Walnut <br />-21- <br />