Butte County Municipal Code § 24-189 Review and decision-making authority

This article establishes procedures and requirements for the preparation, filing, and initial processing of permit applications required by the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

Table 24-189-1 (Review and Decision-Making Authority) identifies the roles of each decision-making authority on each type of permit and approval required by the Zoning Ordinance.

TABLE 24-189-1 REVIEW AND DECISION-MAKING AUTHORITY

Notes:

[1]

"Recommend" means that the review authority makes a recommendation to a higher decision making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority shall consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Article VI, Division 3 (Appeals and Calls for Review).

[2]

The Zoning Administrator may refer to the Planning Commission for review and final decision any action which the Zoning Administrator believes warrants the scrutiny and discretion of the Planning Commission.

(Ord. No. 4062, § 1, 9-10-13)

A. Pre-Application Conference.

1. The County encourages prospective applicants to request a pre-application conference with the Department of Development Services before completing and filing a permit application.

2. The purpose of a pre-application conference is to:

a. Inform the applicant of County requirements as they apply to the proposed project;

b. Review the County's review process, possible project alternatives, or modifications; and

c. Identify information and materials the County will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

3. Information and materials provided by County staff to the applicant at the pre-application conference shall not be construed as a recommendation for either approval or denial of the proposed project.

4. Failure by County staff to identify at a pre-application conference all studies or application requirements shall not constitute a waiver of those studies or requirements.

B. Application Contents.

1. All applications for a permit required by the Zoning Ordinance shall be filed with the Department of Development Services on an official County application form.

2. The application shall be filed with all required fees, deposits, information, and materials as specified by the Department of Development Services.

3. The County encourages applicants to contact the Department of Development Services before submitting an application to verify which materials are necessary for application filing.

C. Eligibility for Filing.

1. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner.

2. The application shall be signed by the owner of the subject property or a lessee or authorized agent of the owner if written authorization from the owner is filed concurrently with the application.

D. Rejection of Application. If the Zoning Administrator determines that an application requests permission for an action not allowed in the applicable zone or that cannot lawfully be approved by the County, the Zoning Administrator shall not accept the application for processing.

E. Multiple Applications. If more than one (1) permit application is submitted for a single proposed project, the entire proposal shall be acted upon by the highest applicable review authority. For example, if a proposal involves both a Minor Variance and a Conditional Use Permit, the Planning Commission shall act upon both permits.

(Ord. No. 4062, § 1, 9-10-13)

Application fees required for any permit application shall be paid as required by the Butte County Master Fee Schedule.

(Ord. No. 4062, § 1, 9-10-13)

24-192 Initial review of application.

A. Review for Completeness.

1. The Department of Development Services shall review each application for completeness and accuracy before it is accepted.

2. Acceptance of the application by the Department of Development Services shall be based on the County's list of required application contents and any additional written instructions provided to the applicant in a pre-application conference or during the initial application review period.

3. Within thirty (30) calendar days of application acceptance, the applicant shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required.

4. When the Department of Development Services determines that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Department of Development Services is not required, the applicant may appeal the determination in compliance with Article VI, Division 3 (Appeals and Calls for Review).

5. After the County has accepted an application as complete, the Department of Development Services may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

B. Referral of Application. At the discretion of the Department of Development Services, or where otherwise required by the Zoning Ordinance or State or federal law, an application may be referred to any public agency that may have an interest in the proposed project.

(Ord. No. 4062, § 1, 9-10-13)

A. Staff Evaluation. Department of Development Services staff shall review all applications to determine if they comply with all applicable requirements, including the Zoning Ordinance, other applicable provisions of the Butte County Code, the General Plan, applicable specific plan or community plan, and the Butte County Improvement Standards where applied.

B. Staff Report. Department of Development Services staff shall provide a written recommendation to the Planning Commission or Board of Supervisors (as applicable) as to whether the application should be approved, approved with conditions, or denied.

C. Report Distribution. Each staff report shall be furnished to the applicant at the same time it is provided to the review authority before action on the application.

D. Exceptions to Butte County Improvement Standards. The review authority may consider exceptions to the Butte County Improvement Standards, where such standards are applied under this chapter. The exception may accompany the application, or be submitted no more than ten (10) days after receiving notice from the County of the required improvement. The exception to Butte County Improvement Standards shall state fully the grounds and facts relied upon to support the exception. The review authority must find that all of the following facts apply with respect to the request for exception:

1. That there are special circumstances pertaining to conditions, topography, size, shape or location of existing development affecting the property,

2. That the granting of the exception to the Butte County Improvement Standards will not be detrimental to the public welfare or injurious to other property located within the surrounding zoning districts.

(Ord. No. 4062, § 1, 9-10-13)

A. CEQA Review. After acceptance of a complete application, Department of Development Services staff shall review the project in compliance with CEQA to determine whether:

1. The proposed project is not a project as defined by CEQA;

2. The proposed project is exempt from the requirements of CEQA;

3. A Negative Declaration may be issued;

4. A Mitigated Negative Declaration may be issued; or

5. An Environmental Impact Report (EIR) is required.

B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and any adopted Butte County Environmental Review Guidelines.

C. Special Studies Required. Special studies, paid for in advance by the applicant, may be required to supplement the County's CEQA compliance review.

(Ord. No. 4062, § 1, 9-10-13)

A. Response Required. If an applicant does not provide information specified in Section 24-190B or the fees specified in Section 24-191 as requested in writing by the Department of Development Services within nine (9) months following the date of the certified letter, the application shall expire upon a hearing by the Zoning Administrator. See Figure 24-195-1 (Applications Deemed Withdrawn).

B. Refund of Fees. Any remaining fees submitted with the project application shall be returned to the applicant in the event that an application is deemed withdrawn.

C. Resubmittal. After the expiration of an application, future County consideration shall require the submittal of a new complete application and associated filing fees.

FIGURE 24-195-1 APPLICATIONS DEEMED WITHDRAWN

[Figure]

(Ord. No. 4062, § 1, 9-10-13)