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Ord~.nance No . 3950
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING SECTION 20-66 OF CHAPTER 20,
SUBDIVISIONS, OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
.Section 1. Section 20-66 of the Butte County Code is amended to read
as follows
20-66 Appeals.
1. (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
section 3-43 of this Code.
(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 conditions} may be made by the applicant after the ten-day
appeal period referred to in paragraph (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
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affect or cause a modification of the findings and determinations
made in the environmental review process;
(2} The proposed change in the conditions} will not bring about an
inconsistency to the general plan, or to the zone or to any
specific plans far 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-day
period; and
(4) The parcel map or final. map or other required documents have
not been recorded.
Section 2. Severability.
Tf any provision of this Ordinance or the application thereof
to any person or circumstances is for any reason held to be invalid
by a court of competent jurisdiction, such provision sha11 be
deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
thereof.
Section 3. Effective Date and Publication. This Ordinance sha11
take effect thirty t30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance before the expiration of fifteen (15} days
after its passage. This Ordinance shall be published once, with
the names of the members of the Board of Supervisors voting for and
against it, in the Enterprise-Record _ ___, a newspaper of
general circulation published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the 9th day of January
.. 2007 _ _ ~ by the following vote:
AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan
NOES : None
ABSENT : None ~ ~~
NOT VOTTNG : None
V JAi JE DC~'. ~~~:
County Board of Supervisors
ATTEST: ~ .
PAC7L Mc TNT S , Chief s~w, ~'
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Administ a i fiver ~~ '~'
and CI k o oard ~~ "~
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