§ 20-66. Appeals.

(a)

Any interested person may appeal to the board of supervisors any finding, action or condition imposed by the advisory agency by filing a notice of appeal with the clerk of the board of supervisors no later than 4:00 p.m. on the tenth calendar day following the action of the advisory agency. If the tenth day falls on a weekend or a legal holiday; the appeal may be filed on the next day on which the clerk's office is open for business. The notice of appeal must be accompanied by the appeal fee specified in the Butte County Master Fee Schedule.

(b)

The clerk of the board of supervisors shall immediately forward a copy of the appeal to the director of development services. The clerk shall set the matter for a public hearing to be commenced within the time specified in Government Code Section 66452.5.

(c)

In acting upon such appeal, the board of supervisors may sustain, modify, reject, or overrule any ruling of the advisory agency and shall make findings consistent with county ordinances or the Subdivision Map Act.

Within the following number of calendar days after the conclusion of the hearing, the board of supervisors shall render its decision on the appeal: Within ten (10)days for appeals filed by the applicant; and within seven (7) calendar days for appeals filed by an interested party.

(d)

Notwithstanding anything herein to the contrary, an appeal to the condition(s) may be made by the applicant after the ten (10) day appeal period referred to in subsection (a) of this section, within one (1) year of the decision by the advisory agency; and the board of supervisors may act on such an appeal with a noticed hearing where the board of supervisors makes the following findings:

(1)

The proposed change in the condition(s) will not adversely affect or cause a modification of the findings and determinations made in the environmental review process;

(2)

The proposed change in the condition(s) will not bring about an inconsistency to the general plan, or to the zone or to any specific plans for the property in question;

(3)

The facts are presented giving good and sufficient reason why the condition(s) in question were not appealed within the ten (10) day period; and

(4)

The parcel map or final map or other required documents have not been recorded.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 5, 6-25-96; Ord. No. 3950, § 1, 1-9-07; Ord. No. 4052, § 5, 3-12-13)