§ 24-267. Filing and processing of appeals.

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)