20-65 - Advisory agency action.

A public hearing shall be held by the advisory agency on all tentative maps.

(1)

At the public hearing, the advisory agency shall review the submitted tentative subdivision map, the report of the director of development services, the recommendations of any governmental agencies which are

available, the environmental review documents, and comments and responses of the subdivider and of other interested parties.

(2)

In making its determination to approve or disapprove the maps, the advisory agency shall:

a.

Determine whether the design and improvements shown on the map conform to the requirements of the Subdivision Map Act, this article of the Butte County Code, county ordinances, improvement standards set forth by resolution of the board of supervisors, the general plan, specific plans of the county and adopted community plans.

b.

Determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violations of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to division 7 (commencing with section 13000) of the Water Code.

c.

Determine whether the proposed subdivision is a land project as defined in Section 11000.5 of the Business and Professions Code; and if the project is determined to be a large project:

If a Specific Plan or Community Plan for the area has been adopted, the advisory agency shall determine whether the proposed design and improvement of the subdivision is consistent with such plan.

The advisory agency shall consider the response of the State office of Intergovernmental Management now known as the Office of Permit Assistance, if received.

d.

Make any determinations or certifications as may be appropriate for the application pursuant to the California Environmental Quality Act.

(3)

Within five (5) working days after the advisory agency has acted on the map, the director of development services shall report the action in writing to the subdivider or person filing the tentative map, indicating any conditions of approval and including a copy of the approved tentative map, which decision shall be final unless appealed to the board of supervisors pursuant to section 20-66. A copy of the letter and map shall be retained in the files of the advisory agency for at least four (4) years, after which the letter and map may be destroyed.

(4)

In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, any report or recommendation on a tentative map by staff to the advisory agency shall be in writing and a copy thereof served on the subdivider, and on each tenant of the subject property at least three (3) days prior to any hearing or action on such map by the advisory agency.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

(a)

The advisory agency shall disapprove an application for a tentative map if it finds that the application is not consistent with the general plan.

(b)

The advisory agency shall disapprove a tentative map if it determines:

(1)

That the proposed subdivision is inconsistent with specific plans or with board adopted community plans.

(2)

That the design or improvement of the subdivision is not consistent with applicable general and specific plans, or community plans.

(3)

That the site is not physically suitable for the type of development.

(4)

That the site is not physically suitable for the proposed density of development.

(5)

That the design of the land division or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(6)

That the design of the subdivision or the type of improvement is likely to cause serious public health problems.

(7)

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 advisory agency may approve an application 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 judgement of a court of competent jurisdiction.

(8)

That the proposed subdivision violates the provisions of this article and no exception has been granted.

(9)

That the proposed subdivision violates any applicable provisions of the zoning code and no variance has been granted.

(10)

The proposed division would enlarge, expand or extend a nonconforming use of the land under the zoning code of Butte County; or

(11)

The proposed division would be in violation of any other county ordinance, or any County Code provision; or

(12)

The discharge of waste from the proposed division into septic system or community sewer system would result in violation of existing requirements prescribed by the Central Valley Regional Water Quality Control Board pursuant to division 7 (commencing with section 13000) of the Water Code.

(c)

Notwithstanding the above, paragraphs (a) and (b)(1) through (b)(7) are not applicable to the conversion of existing buildings into condominium projects unless new units are to be constructed or added.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)