Butte County |
Code of Ordinances |
Chapter 24. ZONING |
Article VI. Zoning Ordinance Administration |
Division 3. Appeals and Calls For Review |
§ 24-268. Calls for review.
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)