§ 1500-23-040. Approving Authority and Public Hearing Requirements

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
Type of Permit/Approval	Article	Role/Hearing Requirement
		Director	Planning Commission	Board of Supervisors
Interpretations of Zoning Code	2	Decision No Public Hearing Required	Appeal Public Hearing Required	Appeal Public Hearing Required
Zoning Clearance	25	Decision No Public Hearing Required	Appeal Public Hearing Required	Appeal Public Hearing Required
Zoning Clearance with Notice to Approve	25	Decision Notice of Intent to Approve	Request for Public Hearing Required	Appeal Public Hearing Required
Administrative Permit	25	Decision Notice of Intent to Approve	Request for Public Hearing Required	Appeal Public Hearing Required
Design Review	25	-	Decision 3, 3,5 Public Hearing Required	Decision 3,4,5 Appeal Public Hearing Required
Minor Design Review	25	Decision 3, 4, 5 No Public Hearing Required	Appeal Public Hearing Required	Appeal Public Hearing Required
Use Permit	25	-	Decision Public Hearing Required	Appeal Public Hearing Required
Use Permit Amendment	25	Decision No Public Hearing Required	Appeal Public Hearing Required	Appeal Public Hearing Required
Variance	25	-	Recommend Public Hearing Required	Decision Public Hearing Required
Minor Variance	25	Decision No Public Hearing Required	Appeal Public Hearing Required	Appeal Public Hearing Required
Planned Development Plan	8	-	Recommend Public Hearing Required	Decision Public Hearing Required
Planned Development Plan Amendment	8	-	Decision Public Hearing Required	Appeal Public Hearing Required
Zoning Code Amendment	25	-	Recommend Public Hearing Required	Decision Public Hearing Required
General Plan Amendment	25	-	Recommend Public Hearing Required	Decision Public Hearing Required
Specific Plan	25	-	Recommend Public Hearing Required	Decision Public Hearing Required
Development Agreement	25	-	Recommend Public Hearing Required	Decision Public Hearing Required
Reasonable Accommodation	25	Decision No Public Hearing Required	Appeal Public Hearing Required	Appeal Public Hearing Required
Parcel Map	Subdivision Ordinance	-	Decision Public Hearing Required	Appeal Public Hearing Required
Tentative Subdivision Map	Subdivision Ordinance	-	Decision Public Hearing Required	Appeal Public Hearing Required

 

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 (Section1500-17-040(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. No. 1635, §§ 22, 23, 6-27-2017)