Chapter 18.510 — APPEALS AND CALLS FOR REVIEW

Sections:

18.510.010 Purpose.

18.510.020 Right of appeal.

18.510.030 Time limits for appeals and calls for review.

18.510.040 Initiation of appeals and calls for review.

18.510.050 Procedures for appeals and calls for review.

18.510.060 Efective dates.

18.510.070 New appeal.

A. Appeals. To avoid results inconsistent with the purposes of the development code, any decision made in compliance with the development code made by the:

1. Planning division may be appealed to the zoning administrator;

2. Zoning administrator may be appealed to the planning commission; and

3. Planning commission may be appealed to the city council.

B. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of the development code, any decision of the:

1. Zoning administrator may be called up for review by the planning commission; and

2. Planning commission may be called up for review by the city council.

C. Referral to Planning Commission. When a decision made by the planning division is appealed, the zoning administrator may refer the matter directly to the planning commission for a consideration and determination. [Ord. 12-4. DC 2012 § 122-1216].

An appeal may be initiated by the applicant, property owner, or any interested person. [Ord. 12-4. DC 2012 § 122-1217].

A. An appeal of a decision by an applicant or other interested person shall be initiated within 10 calendar days of the date of the decision.

B. When the appeal period ends on a weekend or holiday, the time limit shall be extended to the next working day.

C. Calls for review shall be initiated before the end of the appeal period identified in subsections (A) and (B) of this section, which is the efective date of the decision to be reviewed. [Ord. 12-4. DC 2012 § 122-1218].

A. Filing of an Appeal. An appeal accompanied by the fee identified in the city’s fee schedule shall be filed with the planning division or city clerk on a form provided and shall state specifically the following information, in addition to any information required by Chapter 2.05 CMC, Article II (Appeals to City Council).

1. The specific determination or interpretation that is claimed to be not in compliance with the purposes of the development code;

2. The specific facts that are claimed to be in error or an abuse of discretion;

3. The specific facts of the record which are claimed to be inaccurate; and

4. The specific decision that is claimed to be unsupported by the record.

B. Calls for Review. A call for review may be filed by a member of the planning commission or the city council to be reviewed in compliance with CDC 18.510.010(B) (Calls for Review) before the efective date of the decision. (See also CMC 2.05.090 (Right of Councilmembers and City Manager to request review).)

C. Effect on Decision. The timely filing of an appeal or call for review shall cause a stay (e.g., shall temporarily vacate all proceedings associated with the matter subject to the appeal) in the efective date of the action or decision from which the appeal or a call for review has been taken until a final decision on the matter has been rendered by the appropriate review authority. [Ord. 12-4. DC 2012 § 122-1219].

A. Hearing Date. An appeal or call for review shall be scheduled for a hearing before the appellate body no less than 12 and no more than 45 days of the city’s receipt of an appeal (consistent with CMC 2.05.040(6) (Date)), unless both the applicant and appellant consent to a later date.

B. Notice and Public Hearing. See CMC 2.05.040 (Appeal where public notice required), 2.05.050 (Appeal where public notice not required), and 2.05.070 (Procedure).

1. An appeal or call for review hearing shall be a public hearing only if the decision being appealed or reviewed required a public hearing.

2. Notice of a public hearing shall be given in the same manner required for the decision being appealed or reviewed in compliance with Chapter 18.500 CDC (Public Hearings).

3. In addition to providing notice pursuant to subsection (B) of this section, notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments. Notice to such persons shall be mailed only if they provided their name and address at the time they spoke at the prior hearing.

C. Plans and Materials.

1. At an appeal or call for review hearing, the appellate body shall conduct a hearing “de novo” and may consider new materials and testimony in addition to the same application, plans, and related project materials that were the subject of the original decision.

2. The city clerk shall advise the appellate body as to compliance with this provision.

D. Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

E. Decision and Notice.

1. After the hearing, the appellate body shall affirm, modify, or reverse the original decision or remand the matter to the original review authority to cure a deficiency in the record or proceedings.

2. The appellate body’s decision shall be supported by the weight of the evidence presented at the hearing.

3. Decisions on appeals or calls for review shall be rendered within 30 calendar days of the close of the hearing.

4. The notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting notice.

F. Failure to Act. Failure of the appellate body to act within the time limits identified in subsections (A) and (E) of this section shall be deemed affirmation of the original decision. [Ord. 12-4. DC 2012 § 122-1220].

A. Planning Commission Decision. A decision by the planning commission regarding an appeal or call for review shall become final 10 calendar days after the efective date of the decision, unless appealed to the city council in compliance with this chapter.

B. City Council Decision. A decision by the city council regarding an appeal or call for review shall become final on the efective date of the decision. [Ord. 12-4. DC 2012 § 122-1221].

Following disapproval of an appeal or certification of a decision called for review, any matter that is the same or substantially the same shall not be considered by the same appellate body within the following 12-month period, unless the disapproval or certification was made without prejudice and so stated in the record. [Ord. 124. DC 2012 § 122-1222].

==> picture [39 x 18] intentionally omitted <==

==> picture [38 x 18] intentionally omitted <==

==> picture [39 x 18] intentionally omitted <==

The Concord Municipal Code is current through Ordinance 26-1, passed February 10, 2026.

Disclaimer: The city clerk’s office has

the official version of the Concord