Rohnert Park Municipal Code Art. XII Appeals

This section establishes a procedure for the appeal of decisions made by the planning commission or zoning administrator with reference to this title.

(Ord. 695 § 3, 2003)

Appeal rights are prescribed in the individual sections of this title authorizing each decision that is subject to appeal.

(Ord. 695 § 3, 2003)

Decisions made by the planning commission under this title with reference to its implementation, enforcement, and interpretation may be appealed to the city council, as long as the decision is not prescribed as final in the individual section which authorizes the decision.

(Ord. 695 § 3, 2003)

Appeals of decisions of the planning commission or zoning administrator shall be initiated within ten calendar days from the date of the decision. When the period for an appeal ends on a weekend or city holiday, the last day to file the appeal shall be extended to the next working day.

(Ord. 695 § 3, 2003)

A. Filing. An appeal letter shall be filed with the planning and community development department which shall state specifically why the determination or interpretation is not in accord with the purposes of this zoning ordinance and what the specific reasons are for the assertion that there was an error or abuse of discretion by the planning commission or zoning administrator.

B. Effect on Decisions. Decisions that are appealed shall not become effective or final until the appeal is resolved.

(Ord. 695 § 3, 2003)

A. Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within sixty days of the city's receipt of an appeal unless both applicant and appellant consent to a later date.

B. Notice. A public hearing shall be held if the decision being appealed or reviewed requires a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or as set forth in Section 17.25.112 or 17.25.113 pursuant to Section 17.25.116 of this title.

C. 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. The appellate body shall consider only the substantially same application, plans, and related project materials that were the subject of the original decision and only the issue(s) raised by the appeal. The appellate body's review shall be based upon the same standards as those of the lower decision-making body.

D. Decision. The appellate body shall affirm, modify or reverse the original decision or may refer it back to the lower decision-making body for reconsideration. When a decision is modified or reversed, the appellate body shall state the basis for modification or reversal. Decisions on appeals shall be rendered within thirty calendar days of the close of the hearing.

(Ord. 695 § 3, 2003)

A. A decision of the planning commission or zoning administrator is appealable except when the decision has been prescribed as final in the individual section, which authorized the action. If the decision has been prescribed as final, then it becomes final on the date of the decision.

B. A decision by the planning commission regarding an appeal shall become final ten calendar days after the date of the decision, unless appealed to the city council. A decision by the zoning administrator shall become final ten days after the date of the decision unless appealed to the planning commission.

(Ord. 695 § 3, 2003)

Following denial of an appeal, the city shall not consider any matter that is the same or substantially the same within one year, unless the denial is made without prejudice.

(Ord. 695 § 3, 2003)