Solano County Zoning Code § 28.112 Appeals

• A. The planning commission shall have power to hear and decide appeals when it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official or architectural review committee in the administration or enforcement of this chapter.

• B. Any person, firm, corporation, unincorporated association, public officer, or agency aggrieved or affected by any determination of this chapter may, within 10 days, file an appeal in writing with the planning commission secretary. In the written appeal, the reasons of the appeal shall be outlined and said appeal shall be accompanied by such fee or fees as may be set by the board of supervisors pursuant to Section 11-111. No part of said fee or fees shall be refundable, except that the zoning administrator may waive the fee for a nonprofit social service organization, including a church. Filing of an appeal shall stay all proceedings until determination of the appeal. Upon receipt of such appeal, the planning commission secretary shall set the date for a public hearing, to be held within 35 days thereafter. Notice of the hearing shall be given pursuant to Section 28.04.

• C. The zoning administrator shall transmit to the commission copies of all papers constituting the record of action appealed, including a written statement setting forth the reason for his decision.

• D. Upon hearing the appeal, the planning commission shall find that the decision appealed from shall be affirmed, reversed, or modified. Notice of the commission’s decision shall be mailed forthwith to the original applicant.

• E. Any person, firm, corporation, unincorporated association, public officer or agency aggrieved or affected by any determination of the planning commission may, within 10 days, file an appeal in writing with the board of supervisors. A copy of such appeal shall be submitted by the appellant to the planning commission. In the written appeal, the reasons of the appeal shall be outlined and said appeal shall be accompanied by such fee or fees as may be set by the board of supervisors pursuant to Section 11-111. No part of said fee or fees shall be refundable, except that the zoning administrator may waive the fee of a nonprofit social service organization, including a church. Filing of an appeal shall stay all proceedings until determination of the appeal. Upon receipt of such appeal, the board of supervisors shall, within 35 days, set the date for a public hearing, to be held within 60 days thereafter unless a longer period is agreed to by the appellant and the applicant. Notice of the hearing shall be given pursuant to Section 28.04.

• F. Notwithstanding any other provision of this chapter, the board of supervisors may review any decision, determination, or order of the zoning administrator or planning commission. A motion for review shall be submitted in writing to the clerk of the board within 10 days after the zoning administrator’s or planning commission’s action. The motion shall identify the specific decision, determination, or order to be reviewed and may state one or more reasons for the motion. Receipt of the motion by the clerk shall stay the action of the zoning administrator or planning commission. Notice of receipt of the motion shall be promptly delivered or mailed

(Revised 1/23)

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Chapter 28

Zoning Regulations

to the Zoning Administrator or Planning Commission and the original applicant. The Board shall either accept or deny review within 35 days from the date of the motion. If the Board accepts review, the Board shall set the matter for review at a hearing to be commenced within 60 days thereafter, unless a longer period is agreed to by the applicant. Notice of the hearing shall be given pursuant to Section 28.04. The review hearing shall be a de novo proceeding and the Board may make any decision, determination, or order within the jurisdiction of the Zoning Administrator or Planning Commission, or it may remand the matter to the Zoning Administrator or Planning Commission with instructions. Any member who makes a motion for review shall not be deemed an aggrieved or affected party due solely to the making of such motion, and that member may fully participate in the decision to accept review and in the review itself unless otherwise disqualified.

(Ord. No. 1840, §56)