Moraga Municipal Code Art. 4 Hearing and Appeal Procedures

A. Single-Family Residential. The authority reviewing the application in a single-family residential land use district shall, in the case it denies approval, make written findings and provide a copy to the applicant within ten calendar days of the decision.

B. Other than Single-Family Residential. The authority reviewing the application shall make written findings for its decision.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

Before a decision to approve is made at any level of review (except where a decision is on appeal to the planning commission or town council), a planning commissioner may request that the matter be heard by the planning commission. The planning commission shall make the final decision pursuant to Section 8.72.080. Written notice that the planning commission has taken over the processing of the application shall be given to the applicant and to each person who has filed a written request for notice with the town planner.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013; Ord. No. 287, § 9, 2-26-2020)

The reviewing authority may impose conditions to the granting of approval of design review if it finds that the application does not meet the applicable design review standards or design guidelines.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

The requirement for the giving of notice under this chapter is as follows:

A. For design review in single-family residential land use districts:

1. Notice of the time and place when the design review administrator intends to review the application or present it to the board (Section 8.72.030);

2. Notice of the time and place when the reviewing authority, such as the planning commission if it has taken over processing of the application, will consider the matter (Section 8.72.110);

B. For design review in land use districts other than single-family residential:

1. Notice of the time and place when the authority reviewing the application intends to hear and decide the application (Section 8.72.090);

2. Notice of the time and place when the planning commission will consider the application if the board has notified the planning commission that it is in doubt as to whether the application is consistent with the standards in Section 8.72.080(B) or the planning commission has taken over processing of the application (Sections 8.72.090 and 8.72.110).

C. For a hearing on an appeal: notice of the time and place when the body to which a matter is appealed will hear the appeal (Sections 8.72.160 and 8.72.170).

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

The planning director shall ensure proper noticing required by this article. The form of the notice shall contain:

A. The time and place of the hearing;

B. A general explanation of the matter to be considered including a description of the area affected;

C. Any other information the planning director considers necessary or desirable.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

Unless otherwise specified, the notice of the time and place of the hearing shall be given by mailing notice postage prepaid at least ten calendar days before the hearing to the applicant, to each person who has filed a request for notice with the town planner and in the case of an appeal to the party filing the appeal.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)

A. Right to Appeal. Any person aggrieved by the action of the reviewing authority may appeal the action to the next highest reviewing authority as prescribed in this section. If no appeal is filed, the action taken on the application is final.

B. Appeal of Design Review Action in all Land Use Districts. The decision of the design review administrator approving or disapproving the issuance of a building permit may be appealed to the design review board. The action of the design review board may be appealed to the town council.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013; Ord. No. 287, § 9, 2-26-2020)

A person desiring to appeal an action taken under this chapter shall do so by filing a written notice of appeal and payment of appeal fee with the town planner within ten calendar days after the action taken which is the subject of the appeal.

(Ord. No. 241, § 4(Exh. 1), 9-25-2013)