Butte County Municipal Code § 20-6 Violation misdemeanor

In the interest of protecting the health, safety and general welfare of the people of Butte County, this chapter has as its purposes:

(1) To effectuate the California Subdivision Map Act;

(2) To effectuate the general plan, specific plans and adopted community plans of the county relative to the subdivision of land;

(3) To regulate the subdivision of land and reversions to acreage and to regulate and control the design and improvement of subdivisions.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

The director of development services shall be responsible for, and the department of development services shall process, all applications submitted pursuant to this chapter and shall maintain all application files. Once the application has been acted upon, the file shall be transferred to the department of public works for processing. The director of public works shall be responsible for, and the department of public works shall process, all conditionally approved applications.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 1, 6-25-96)

This chapter shall be inapplicable to:

(1) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

(2) Mineral, oil or gas leases;

(3) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

(4) A lot line adjustment between two (2) or more adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved pursuant to the provisions of section 20-95(b) of this chapter;

(5) Boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party;

(6) Any separate assessment under section 2188.7 of the Revenue and Taxation Code;

(7) Unless a parcel or final map was approved by the legislative body of a local agency, the conversion of a community apartment project, as defined in section 11004 of the Business and Professions Code, to a condominium, as defined in section 783 of the Civil Code, but only if all of the following requirements are met:

a. At least seventy-five (75) percent of the units in the project were occupied by record owners of the project on March 31, 1982;

b. A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in section 66424 [of the Subdivision Map Act], after January 1, 1964, with all of the conditions of the map remaining in effect after the conversion;

c. The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for such certification;

(8) Unless a parcel or final map was approved by the legislative body of a local agency, the conversion of a stock cooperative, as defined in section 11003.2 of the Business and Professions Code, to a condominium, as defined in section 783 of the Civil Code, but only if all of the following requirements are met:

a. At least fifty-one (51) percent of the units in the cooperative were occupied by stockholders of the cooperative on January 1, 1980, or individually owned by stockholders of the cooperative on January 1, 1980. As used in this paragraph a cooperative unit is "individually owned" if and only if the stockholder of such unit owns or partially owns an interest in no more than one (1) unit in the cooperative;

b. No more than twenty-five (25) percent of the shares of the cooperative were owned by any one (1) person, as defined in section 17, [of the Government Code], including an incorporator or director of the cooperative, on January 1, 1980;

c. A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits;

d. The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for such certification;

(9) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement;

(10) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 2, 6-25-96)

The hearing body in an action relative to a matter before it may authorize exceptions to any of the requirements and regulations relative to the design of a subdivision.

(1) Application. Application for any such exception shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property:

a. That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete.

b. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(2) Appeals. All determinations of the advisory agency may be appealed to the board of supervisors.

(Ord. No. 3188, § l(Exh. A), 3-14-95)

The time limits specified in this chapter for reporting and acting on maps may be extended by mutual consent of the subdivider and the advisory agency or the board of supervisors, and as authorized by the state Subdivision Map Act.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Any violation of this chapter shall constitute a misdemeanor and shall be punished as provided by law. Each day a violation of this chapter continues shall be considered a separate offense.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Notwithstanding anything in this chapter to the contrary, sections 20-74, 20-75, 20-76, 20-77, 20-78, 20-79, 20-80, 20-81, 20-82, 20-83, 20-84, 20-85, 20-86, 20-87, 20-88, and 20-89 shall not become effective until the Recreational Element of the Butte County General Plan has been amended.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)