§ 20-65.5. Disapproval.

(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)