Sutter County Municipal Code § 1500-23-050 Decisions and Multiple Applications

This chapter establishes the approving authorities and common requirements for the review, noticing, action on and appeal of permits required by the Zoning Code.

(Ord. of 6-28-2022)

A. CEQA Review. After acceptance of a complete application, the Development Services Department shall review the project in compliance with California Environmental Quality Act (CEQA) to determine whether:

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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;

5. A Subsequent EIR, Supplemental EIR or Addendum may be issued; or

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

B. Compliance with CEQA. The above determinations and, where required, the preparation and circulation of appropriate environmental documents, shall be in compliance with CEQA and any environmental guidelines and thresholds that the County has adopted in accordance with CEQA.

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

(Ord. of 6-28-2022)

A. Staff Evaluation. The Development Services Department shall review all applications to determine if they comply with all applicable requirements, including the Zoning Code, other applicable provisions of the Sutter County Ordinance Code, the General Plan, applicable specific plan or community plan, and the Sutter County Design Standards as noted in the specified zone district.

B. Staff Report. The Development Services Department shall provide a staff report including a written recommendation to the approving authority 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 approving authority before action on the application.

(Ord. of 6-28-2022)

Table 1500-23-1 identifies the Approving authority and public hearing requirements for each type of permit and approval provided for by the Zoning Code:

Table 1500-23-1: APPROVING AUTHORITY and PUBLIC HEARING REQUIREMENTS

1. A Notice of Intent to approve shall be provided in accordance with Section 1500-23-060(B) prior to action on any Zoning Clearance associated with applications for gas and oil wells (Sections1500-05-030(S) and 1500-07-030(H)), the Sutter Buttes Overlay (Section 1500-08-020(E)), and small wind energy systems (Section 1500-17-040(B)).

2. Within the Historic Preservation (HP) Combining District, the Historic Preservation Review Committee shall approve Administrative Permits.

3. For projects located within the R-3 and R-4 Zoning Districts:

a. Multi-Family uses of less than 20 units require Minor Design Review.

b. Multi-Family uses of 20 units or more units require Design Review.

4. For projects located within the Employment Corridor Zoning District:

a. Additions to existing residences, new permitted caretaker housing, new or additions to existing agricultural buildings, accessory buildings, solar arrays and similar use types do not require Design Review.

b. Additions to existing commercial and industrial buildings and/or use types require Minor Design Review.

c. New commercial and industrial buildings and/or use types require Design Review approval by the Planning Commission and Board of Supervisors.

5. For projects located within the GC, CM, M-1 and M-2 Zoning Districts:

a. Additions to existing residences, new permitted caretaker housing, new or additions to existing agricultural buildings, accessory buildings, solar arrays and similar use types do not require Design Review.

b. Additions to existing commercial and industrial buildings and/or use types require Minor Design Review.

c. New commercial and industrial buildings and/or use types require Design Review in accordance with the following:

i. Building permit applications for projects over 65,000 square feet of area, or a warehouse/outdoor storage use type over 100,000 square feet of area, require Design Review approval by the Board of Supervisors.

ii. Building permit applications for projects under 65,000 square feet of area, or a warehouse/outdoor storage use type under 100,000 square feet of gross floor area, require Minor Design Review approval. If the Director denies the Minor Design Review application, the project may be appealed to the Planning Commission for review in accordance with Section 1500-23-080.

6. The approving authority for a major electrical transmission and distribution project application shall be the Board of Supervisors. The Planning Commission shall review the application and any other relevant documents, hold at least one noticed public hearing, and make a recommendation to the Board of Supervisors thereon. Upon receiving this recommendation, the Board of Supervisors shall consider the application at a noticed public hearing.

7. Within the Historic Preservation (HP) Combining District, the Historic Preservation Review Committee shall assume the Planning Commission's Role.

8. Also refer to Chapter 2 of the Sutter County Housing Element.

9. See the Sutter County Subdivision Ordinance for requirements relating to the processing of parcel maps and tentative subdivision maps.

(Ord. of 6-28-2022)

In the case of multiple applications in which one or more project requires the Board of Supervisors action, the Planning Commission shall forward their recommendation only. The Board of Supervisors shall consider and decide all of the applications.

(Ord. of 6-28-2022)

Where identified on Table 1500-23-1, noticing for permits and approvals shall be in compliance with the following:

A. No Public Hearing Required. No public notice is required.

B. Notice of Intent to Approve.

1. Noticing. A Notice of an Intent to Approve shall be mailed via first class US Mail or delivered at least ten calendar days prior to an action to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, and all persons who have requested notice. In addition, for Zoning Clearances associated with small wind energy systems, notice shall also be provided to all established agricultural aerial spraying operators of record.

2. Content. A Notice of an Intent to Approve shall include the following information:

a. The name of the applicant;

b. The file number assigned to the application;

c. A general description of the nature of the request;

d. A general description, in text or diagram, of the location of property that is subject to the notice;

e. The identity of the Approving Authority as the Director and the scheduled date for action;

f. A statement that the Director may approve the application without holding a public hearing, unless a public hearing is requested in writing prior to the scheduled approval date;

g. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the Director at, or prior to, the public hearing; and

h. A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.

C. Public Hearing Required.

1. Noticing. Notice of the hearing shall be mailed or delivered at least ten days prior to the public hearing to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 500 feet of the property involved in the application, each local agency expected to provide essential facilities or services to the site, and other agencies the application was circulated to for comments as part of the review process. Notice shall also be provided to all persons who have requested notice. In addition:

a. If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, the County, in lieu of a mailed or delivered notice, may provide notice by placing a display advertisement at least one-eighth page in at least one newspaper of general circulation within the County at least ten days prior to the hearing.

b. If the notice is mailed or delivered to the owners of property within 500 feet, the notice shall also be published pursuant to in at least one newspaper of general circulation within the County at least ten days prior to the hearing.

Beyond the noticing required by this section, the County may also give notice of the hearing in any other manner it deems necessary or desirable.

2. Content. A notice of a public hearing shall include the following information:

a. The name of the applicant;

b. The file number assigned to the application;

c. A general description of the nature of the request;

d. A general description, in text or diagram, of the location of property that is subject to the hearing;

e. The date, time, and place of the public hearing;

f. The identity of the Approving Authority and a brief description of the process and procedure for submitting public comment; and

g. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in the notice, or in written correspondence delivered to the Director at, or prior to, the public hearing.

D. Public Notification Signs for New Development Proposals. In addition to other noticing requirements, applications having the Planning Commission or Board of Supervisors as the Approving Authority, shall establish public notification sign(s) as required by this section. Sign(s) shall be established within 30 days after submitting an application to the Development Services Department. An application shall not be deemed complete, pursuant to Section 1500-22-040, unless the required sign(s) have been established in compliance with the following standards:

1. Signs shall be sized a minimum of four feet tall by four feet wide and shall not exceed four feet tall by eight feet wide and shall be mounted on four inch by four inch posts and shall not be illuminated.

2. A sign shall be established adjacent to each public right-of-way street frontage the project abuts in a manner that does not create sight distance obstructions within the public right-of-way.

3. All sign text shall be approved by the Development Services Department. Each sign shall include the wording "Sutter County Development Services Department - Planning Division" and "Development Proposal Pending" and shall include contact phone number(s), website information, a brief description of the approvals being sought, and a sleeve that will be used to hold public notices describing project details, public hearing dates, and information to contact the project planner and applicant.

4. Applicants shall be responsible for all costs associated with constructing and maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within 30 days after a final determination by the approving authority has been made.

5. Public notification signs shall be considered Governmental signs not requiring a permit consistent with Article 21: Signs, Section 1500-21-050A.11.

6. These requirements shall not apply to use permits for secondary manufactured homes for caretaker housing (Agricultural and Residential) - 1500-05-030M.

(Ord. of 6-28-2022)

A. Action. The Approving Authority, as identified in Section 1500-23-040, shall approve, conditionally approve, or deny the proposed permit in accordance with the requirements of this Zoning Code. In acting on a permit, the Approving Authority shall make the applicable findings set forth in Article 25. An action of the Approving Authority may be appealed in accordance with the appeal procedures set forth in Section 1500-23-080.

B. Security. The County may require an applicant to provide adequate security to guarantee the proper completion of any conditions of approval for an approved permit.

C. Notice of Action. Within five working days of the action by the Approving Authority, a notice of action shall be mailed to the applicant at the address appearing on the application or to such other address designated in writing by the applicant. The notice shall contain the following information:

1. The action taken by the Approving Authority;

2. Any conditions of approval;

3. The permit expiration date and extension or renewal requirements; and

4. Notice of the time for appeal.

(Ord. of 6-28-2022)

A. Eligibility for Filing. Decisions of the Director and/or the Planning Commission may be appealed by an applicant, property owner or any other aggrieved person.

B. Filing for Appeal of the Director. Appeal from any finding or action by the Director shall be made in writing to the Planning Commission and filed with the Development Services Department within ten days of the date of the action by the Director. If the tenth day falls upon a weekend or holiday the appeal period shall be extended to the end of the next available business day.

C. Filing for Appeal of the Planning Commission. Appeal from any finding or action by the Planning Commission or Historic Preservation Review Committee shall be made in writing to the Board of Supervisors and filed with the County Board Clerk within ten days of the date of the action by the Planning Commission or Historic Preservation Review Committee. If the tenth day falls upon a weekend or holiday the appeal period shall be extended to the end of the next available business day.

D. Reason for Appeal. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

E. Appeals Fees. Fees for an appeal shall be paid as required by the Sutter County Planning Fees Schedule.

F. Proceedings Stayed by Appeal. A timely appeal of an action shall stay the effective date of the action, for that portion of the permit being appealed, until the appeal has been acted upon or withdrawn.

G. Appeal Hearing. The appellate body shall hold a public hearing within 60 days after the filing of an appeal unless circumstances beyond the control of the County do not allow such hearing. Each appeal shall be considered to be a de novo hearing on the matter being appealed.

H. Public Noticing. The appellate body's public hearing shall be noticed in accordance with the requirements of Section 1500-23-060(C).

Action. At the public hearing, the appellate body may consider the entire action and not just the specific issue appealed. The appellate body may confirm, modify, or reverse the action appealed and any other action or issue involved in the application or proceeding as it deems appropriate, including but not limited to the issuance of a permit. In taking its action on an appeal, the appellate body shall state the basis for the action being taken on the appeal, and may refer the matter back to the original Approving Authority for further action. If the appellate body is the Board of Supervisors, such action shall be final.

(Ord. of 6-28-2022)