Butte County Municipal Code Div. 3 Appeals and Calls For Review

This article establishes procedures for the appeal and calls for review of actions, interpretations, and decisions made by the Planning Commission and Zoning Administrator. In accordance with Section 2-19.1, the Board of Supervisors may also review any action which is appealable to the Board.

(Ord. No. 4062, § 1, 9-10-13)

A. Zoning Administrator Decisions. Any decision on applications for Administrative Permits, Interpretations, Zoning Clearances, Exceptions to Agricultural Buffer Setbacks, Minor Use Permits, Minor Variances, or Reasonable Accommodations may be appealed to the Planning Commission. All appeals to the Planning Commission shall be heard de novo.

B. Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the Board of Supervisors. All appeals to the Board of Supervisors shall be heard de novo.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4209, § 3(Exh. B), 10-26-21; Ord. No. 4237, § 6, 1-23-24)

A. Eligibility. Any person may submit an appeal of a decision by the Zoning Administrator or Planning Commission.

B. Timing of Appeal. An appeal shall be filed within ten (10) days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. If the 10 th or final day falls on a weekend or a County legal holiday, the appeal may be filed by 5:00 p.m. on the next day on which the office is open for business.

C. Form of Appeal.

1. An appeal shall be submitted in writing on an official County application form together with all required application fees.

2. The appeal application shall specifically state the pertinent facts and the basis for the appeal.

3. The appeal of a decision made by a review authority at a noticed public hearing may be as to the whole decision or only a part of the decision. If an appellant chooses, an appeal may be taken solely from any finding, action, or condition.

D. Filing Location.

1. Appeals addressed to the Planning Commission shall be filed with the Butte County Department of Development Services.

2. Appeals addressed to the Board of Supervisors shall be filed with the Clerk of the Butte County Board of Supervisors.

E. Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority.

F. Report and Scheduling of Hearing.

1. When an appeal has been filed, the Department of Development Services shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority within ninety (90) days of receiving the appeal.

2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Article VI, Division 2 (Public Notice and Hearings).

3. Any interested person may appear and be heard regarding the appeal.

4. All appeals on a single project shall be considered together at the same hearing.

G. Hearing and Decision.

1. During the appeal hearing, the review authority shall take action only on the specific basis for the appeal. The review authority shall make its own decision supported by findings. In doing so, it may:

a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal;

b. Adopt additional conditions of approval that address the matter appealed; or

c. Remand the appeal for further review, recommendation, or action to the previous review authority.

2. The hearing body's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance of the subject of the appeal with the General Plan, Zoning Ordinance and other applicable regulations.

3. A matter being heard on appeal may be continued for good cause (e.g., additional CEQA review is required).

4. If the hearing body is unable to reach a decision on the matter appealed, the outcome of the appeal shall be as follows:

a. For appeals to the whole decision or an indispensable part of a whole decision, the appeal shall be deemed denied and the application or project is denied.

b. For appeals to a condition or dispensable part of a decision where the remainder of the application that is the basis for the decision being appealed remains in effect, the appeal shall be deemed denied and the condition or dispensable part of a decision shall remain in effect.

H. Effective Date of Appeal Decision.

1. Planning Commission's Decision. A decision of the Planning Commission is final and effective after 5:00 p.m. on the 10 th day following the date the decision is rendered, when no appeal to the decision or call for review has been filed in compliance with this article. In the event the completion of the appeal period falls on a weekend or County recognized holiday, the decision shall become effective after 5:00 p.m. on the first business day following the completion of the appeal period.

2. Board of Supervisors' Decision. A decision of the Board of Supervisors is final and shall be effective on the date the decision is rendered.

(Ord. No. 4062, § 1, 9-10-13)

A. Board of Supervisors Review. The Board of Supervisors may call for a review of any action, interpretation, or decision made by the Planning Commission or Zoning Administrator.

B. Review of Applicable Actions. The Board of Supervisors may review any action which is appealable to the Board in accordance with Chapter 2, Section 2-19.1 of the Butte County Code.

C. Effect of Calls for Review.

1. A request for a call for review stays the effective date of a determination or decision until the Board of Supervisors can make a decision on the call for review request.

2. The filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed; the normal appeal period will continue to run. Where a call for review only applies to a limited issue, an individual may still appeal all or another part of a determination or decision.

D. Report and Scheduling of Hearing.

1. When a call for review has been initiated, the Zoning Administrator shall approve a report on the matter, including all of the application materials in question. The Clerk of the Board of Supervisors shall schedule the matter for a public hearing by the Board of Supervisors within thirty (30) days of receiving the call for review.

2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Article VI, Division 2 (Public Notice and Hearings).

3. Any interested person may appear and be heard regarding the call for review.

E. Hearing and Decision.

1. During the public hearing, the Board of Supervisors may consider any issue involving the matter called for review, in addition to the specific grounds for the call for review. The Board of Supervisors may:

a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the call for review; or

b. Adopt additional conditions of approval that may address issues or concerns other than the subject of the call for review.

2. The Board of Supervisors' action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the matter called for review, and verify the compliance of the matter with the Zoning Ordinance.

3. Within sixty (60) days of the initial public hearing on the call for review, the Board of Supervisors shall render its decision on the matter, unless it is continued for good cause (e.g., additional CEQA review is required).

4. In the event of a tie vote by the Board of Supervisors, the decision is a denial of the action requested.

F. Effective Date of Review Decision. A decision of the Board of Supervisors is final and shall be effective on the date the decision is rendered.

(Ord. No. 4062, § 1, 9-10-13)

No person may seek judicial review of a County decision on a planning permit or other matter in compliance with the Zoning Ordinance until all appeals to the Planning Commission and Board of Supervisors have been first exhausted in compliance with this article.

(Ord. No. 4062, § 1, 9-10-13)