Moraga Municipal Code § 8.12.150 Time and manner of decision

A. Form. After hearing the evidence and considering the application, the reviewing body shall make its decision and have it entered in the minutes. The decision shall be in the form of a minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision.

B. Time. The reviewing body shall make its decision and formulate its written findings within thirty (30) calendar days after the close of the public hearing.

C. Notice of Decision. The planning director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings.

D. Acceptance to be Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions.

(Prior code § 8-501)

If a component member of the planning agency denies the application and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the town is final except as provided in Section 8.12.170 for denial without prejudice.

(Prior code § 8-502)

If the application is denied without prejudice the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 8.12.160.

(Prior code § 8-503)

A decision of a component member of the planning agency is not final until the time for appeal expires. The time for appeal is as follows:

A. In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the town council (Government Code Section 65856);

B. In the case of an appeal from action by a component member of the planning agency within ten (10) calendar days after the date of the decision.

(Prior code § 8-504)

The planning commission shall hear an appeal from the decision of the planning staff, design review administrator and zoning administrator. The town council shall hear an appeal from the decision of the planning commission or design review board. The decision of the town council on such matters is final.

(Prior code § 8-505)

(Ord. No. 287, § 6, 2-26-2020)

A. Notice of Appeal. A person desiring to appeal the decision of a component member of the planning agency shall file a written notice of appeal with the planning director within the time required by Section 8.12.180.

B. Form of Notice of Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The planning director may provide forms of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal.

C. Action on Appeal. The planning director shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 8.12.060 and 8.12.070.

D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

E. Decision on Appeal. The reviewing body may reverse or affirm in whole or part, or may modify the order, requirement, decision or determination appealed from.

(Prior code § 8-506)

Once a written notice of appeal has been filed with the planning director in accordance with Section 8.12.200(A), the appeal may not be withdrawn or terminated, except in the following circumstances:

A. The person who filed the appeal may file a request to withdraw the appeal with the planning director, which request may be granted as follows:

1. If the withdrawal is made prior to the hearing by the town council, the request shall be granted, except as otherwise provided in subsection (A)(2) of this section, and the planning director shall provide written notice of such withdrawal to the appellant, the applicant, the city council and any interested parties. The time for filing another appeal on the underlying decision, as set forth in Section 8.12.180, shall recommence on the date written notice of a new appeal period is mailed and any person may file an appeal in accordance with the provisions of this article. However, the same party cannot file more than one appeal related to an underlying decision.

2. In the event that the process for withdrawal of an appeal set forth in subsection (A)(1) of this section is employed three times with respect to any one underlying decision, the city council shall hear and grant or deny all subsequent requests to withdraw appeals of such decision. In the event that the city council hears and grants such a request, the planning director shall provide written notice of such withdrawal and the time for filing an appeal shall recommence pursuant to Section 8.12.205(A)(1).

3. During the processing of a request to withdraw an appeal, the planning director shall suspend all processing of the appeal.

B. The applicant may terminate the processing of the appeal by withdrawing the relevant application and vacating the decision that was appealed.

(Ord. 199 § 1, 2003)

An applicant may appeal the failure of a component member of the planning agency to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The reviewing body shall consider all of the circumstances surrounding the application in determining what is a reasonable time.

(Prior code § 8-507)

A. Any person may appeal a decision, requirement or determination made by the town staff in the administration of the land use regulations not otherwise provided for. The town manager shall hear the appeal in the first instance. The appeal shall be in writing, filed with the planning director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within thirty (30) calendar days of the date of the action appealed.

B. Upon receiving the notice of appeal, the town manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least fifteen (15) calendar days before the hearing. The hearing shall be held within thirty (30) calendar days before the hearing. The hearing shall be held within thirty (30) calendar days of the date the notice of appeal is filed. The parties may extend this time by agreement.

C. The decision of the town manager is final fifteen (15) calendar days after notice is given the appellant of the ruling on the appeal, unless an appeal is taken from the decision. Such an appeal is to the planning commission. The notice of appeal shall be in the form provided by Section 8.12.200(A) and (B) and shall be filed with the town manager within fifteen (15) calendar days after the date of the decision.

D. Upon receiving the appeal from the decision the town manager shall refer the matter to the planning director. The planning director shall schedule the appeal for consideration by the planning commission within thirty (30) calendar days and shall give the appellant fifteen (15) calendar days notice of the time and place of the hearing. The decision of the planning commission may be appealed to the town council in the same manner and within the same time from its decision as is provided in the case of an appeal from the town manager's decision.

(Prior code § 8-508)

The notice of appeal shall be accompanied by the fee fixed by resolution of the town council provided for by Section 8.12.020. The reviewing body may waive the fee where it finds that it is in the interests of justice so to do under the particular circumstances.

(Prior code § 8-509)

A. Decisions of the town council on planning matters are final and are not appealable under this section.

B. A planning commissioner may call up the decision of a component member of the planning agency (as that term is defined in MMC Section 8.08.010), except for a decision issued by the planning commission (including a decision issued by the planning commission acting in its capacity as the design review board) during the planning commissioner's term of office.

C. A town council member may call up the decision of a component member of the planning agency (as that term is defined in MMC Section 8.08.010).

D. An appeal initiated pursuant to this section shall be processed in the same manner as an appeal initiated by any other person but need not be accompanied by the fee prescribed for an appeal.

E. The town council member or planning commissioner appealing a decision pursuant to this section is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body.

(Prior code § 8-510)

(Ord. No. 287, § 6, 2-26-2020)

A. The component member of the planning agency making the decision may reconsider its decision upon request from an interested party to do so if it determines that there were important factual or legal matters which it failed to consider before making the decision.

B. The request for reconsideration shall be filed in writing within the time allowed to appeal setting forth the factual or legal matters which were not considered. In the case of a request for reconsideration of a decision of the town council, the request shall be filed within fifteen (15) calendar days of its decision.

C. The request shall be acted upon at the next meeting. If the request is denied, the time to appeal is extended only by the number of days required to hear and decide the request. If the request is granted, each person recording an appearance and address at the initial hearing is entitled to mailed notice of the time of the new hearing.

(Prior code § 8-511)

Section 1094.6 of the Code of Civil Procedure applies to adjudicatory administrative decisions made under this title of the municipal code.

(Prior code § 8-512)