Butte County Municipal Code Div. 8 Post-Decision Procedures

This article establishes procedures and requirements that apply following a County decision on permit applications and requested approvals required by the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

A. Permits and Approvals.

1. A Zoning Clearance becomes effective immediately upon issuance.

2. An Administrative Permit, Minor Use Permit, Conditional Use Permit, Variance, Minor Variance, Exception, or Reasonable Accommodation approval becomes effective ten (10) days following approval by the review authority, unless appealed or called up for review (Article VI, Division 3, Appeals and Calls for Review).

B. Legislative Actions. Board of Supervisors actions to adopt or amend a development agreement or to amend the Zoning Ordinance or General Plan becomes effective thirty (30) days following adoption by the Board of Supervisors.

C. Issuance. The County may issue permits and other approvals only upon the effective date, provided no appeal of the review authority's decision has been filed in compliance with Article VI, Division 3 (Appeals and Calls for Review).

(Ord. No. 4062, § 1, 9-10-13)

Within fifteen (15) days of approval, the applicant or property owner shall submit to the Department of Development Services a signed copy of any conditions attached to an approved project. If the County does not receive the signed conditions within fifteen (15) days of project approval, a certified letter shall be mailed to the applicant or property owner providing an additional fifteen (15) days to submit the signed copy of any conditions to Development Services. If no action is taken by the applicant after this second notification and additional fifteen (15) day period, the permit shall expire and become void. The Zoning Administrator shall issue a letter of expiration.

(Ord. No. 4062, § 1, 9-10-13)

A. Security Required. The County may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval authorized by the Zoning Ordinance.

B. Form of Security. The security shall be in the form of cash, a certified or cashier's check, an irrevocable letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the County.

C. Amount of Security. The Zoning Administrator shall determine the amount of the security necessary to ensure proper completion of the approved work or compliance with applicable conditions of approval.

D. Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the Zoning Administrator or until a specified warranty period has elapsed.

E. Release of Security. The security deposit shall be released upon completion of the approved work or compliance with applicable conditions of approval or the specified warranty period has elapsed.

F. Failure to Comply.

1. Upon failure to complete any work or comply with conditions, the County may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

2. If additional costs in excess of the deposit amount are incurred, it shall be the responsibility of the property owner to bear such additional costs.

3. Any unused portion of the security shall be refunded to the funding source.

(Ord. No. 4062, § 1, 9-10-13)

An approved project authorized by the Zoning Ordinance shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.

A. Request for a Change.

1. An applicant shall request desired changes in writing, and shall also submit appropriate supporting materials and an explanation of the reasons for the request.

2. Changes may be requested either before or after construction or establishment and operation of the approved use.

3. Changes shall be approved before implementation of the changes.

B. Notice and Hearing. If the matter originally required a noticed public hearing, the review authority that originally heard the matter shall hold a public hearing for the requested change, except as allowed by Subsection C (Minor Changes) and shall give notice in compliance with Article VI, Division 2 (Public Notice and Hearings).

C. Minor Changes. The Zoning Administrator may authorize minor changes to an approved project if the changes comply with all of the following criteria:

1. The requested changes are consistent with all applicable requirements of the Zoning Ordinance;

2. The requested changes are consistent with the spirit and intent of the original approval;

3. The requested changes do not alter a mitigation measure or cause an additional significant impact pursuant to an approved Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;

4. The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project;

5. The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval; and

6. The requested changes do not involve any expansion or intensification of the use or structure.

(Ord. No. 4062, § 1, 9-10-13)

A. Expiration of Permit. A permit or approval not exercised within two (2) years after the date of approval shall expire and become void, except where an extension of time is approved as allowed by Subsection C (Extension of Time). A permit or approval shall also expire and become void if the permitted use is abandoned for one (1) year. The Zoning Administrator shall issue a letter prior to this determination. For Conditional Use Permits associated with a mining permit the expiration shall be in accordance with Chapter 13, Article II, Surface Mining and Reclamation.

B. Exercised Defined. A permit or approval shall be considered exercised when:

1. A building permit is issued and construction has commenced;

2. A certificate of occupancy is issued; or

3. The permittee notifies the County in writing when the use is established.

C. Extension of Time. The Zoning Administrator may approve an extension to a permit or approval in the following manner:

1. The applicant shall submit to the Department of Development Services a written request for an extension of time no later than ten (10) days before the expiration of the permit or approval.

2. The Zoning Administrator may extend the permit or approval for an additional one (1) year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit or approval in a timely manner.

3. The burden of proof is on the applicant to demonstrate that the permit should be extended.

4. The Zoning Administrator may choose to refer any extension of time requests to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

A. Resubmittals Prohibited Within Twelve (12) Months. For a period of twelve (12) months following the denial or revocation of a discretionary permit or approval, no application for the same or substantially similar use or entitlement for the same site shall be submitted, unless the denial or revocation was made without prejudice, and so stated in the record.

B. Zoning Administrator's Determination. The Zoning Administrator shall determine whether the new application is for a permit or approval which is the same or substantially similar to the previously denied or revoked permit.

C. Appeal. The determination of the Zoning Administrator may be appealed to the Planning Commission, in compliance with Article VI, Division 3 (Appeals and Calls for Review).

(Ord. No. 4062, § 1, 9-10-13)

A final Certificate of Occupancy shall not be issued by the Development Services Department until all applicable permits have been approved and all applicable standards and conditions of approval have been met.

(Ord. No. 4062, § 1, 9-10-13)

Permits and approvals issued in compliance with the Zoning Ordinance remain valid upon change of ownership of the site, provided the use has not been abandoned.

(Ord. No. 4062, § 1, 9-10-13)

Any discretionary permit may be revoked, or conditions of approval modified, as provided for in this section.

A. Review Authority.

1. A permit may be revoked or modified by the review authority which originally approved the permit or approval.

2. In instances where the Zoning Administrator was the approval authority, the Zoning Administrator may choose to refer any action to revoke or modify a permit to the Planning Commission for review and final decision.

B. Public Notice and Hearing. Public notice and hearing for any action to revoke or modify a permit shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).

C. Findings. The review authority may revoke or modify a permit only if one (1) or more of the following findings can be made:

1. The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one (1) or more of the findings required to grant the original permit can no longer be made.

2. Permit issuance was based on misrepresentation by the applicant, either through omission or the making of a false material statement in the application, or in public hearing testimony.

3. One (1) or more conditions of approval have been violated, or have not been complied with or fulfilled.

4. The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least twelve (12) months.

5. The applicant or property owner has failed or refused to allow inspections for compliance.

6. Improvements authorized by the permit are in violation of the Zoning Ordinance or any law, ordinance, regulation, or statute.

7. The use or structure is being operated or maintained in a manner which constitutes a nuisance.

D. Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.

(Ord. No. 4062, § 1, 9-10-13)