· Administrative decisions and hearing body decisions on applications including conditions of approval may be appealed.
· Initial public hearings on applications are assigned to either the Zoning Administrator or to the appropriate Planning Commission.
o Some decisions are rendered administratively without going to public hearing.
· The Zoning Administrator conducts initial hearings and renders decisions on:
o Major subdivisions of less than 100 lots,
o Conditional use permits,
o Development plans,
o Variance permits, and
o Special permits.
· The Planning Commission conducts initial hearings and makes recommendations to the Board of Supervisors on General Plan amendments, specific plans and regulations, zoning ordinance amendments, and rezonings.
o The Planning Commission also hears and decides on major subdivisions of 100 lots or more, and any major subdivision or development plans accompanied by a rezoning.
Appeals of Decisions
Hearing Body Decisions
Any decision of the Zoning Administrator on an application may be appealed to the Planning Commission, and any decision of the Planning Commission may be appealed to the Board of Supervisors.
For a subdivision appeal, either the subdivider or a person adversely affected may appeal any decision regarding the tentative map or the required improvements.
For conditional use, variance, development plan or special permit appeal, the grounds for appeal may be that code requirements were not satisfied by the evidence presented at the hearing, or that the conditions imposed were unreasonable, or that conditions recommended during the hearing process should have been imposed but were not.
In all other matters, any person may appeal if the person’s property rights or property value are adversely affected and the decision does not comply with the General Plan, or if the findings of the hearing body are not supported by evidence.
An administrative decision made by a County Officer pursuant to the Contra Costa County Ordinance Code may be appealed directly to the Board of Supervisors.
The appellant shall, within 30 days of the action appealed from, file with the Clerk of the Board a verified written notice of appeal concisely stating the facts of the case and the grounds for the appeal, including the special interest and injury.
Request for Reconsideration
How Do I File?
If pertinent information was not brought to the attention of the hearing body, a motion for reconsideration may be filed. A reconsideration is a request that the matter be returned to the hearing body which made the decision.
Like an appeal, the request for reconsideration must be in writing, be accompanied by a $125 filing fee, and be filed with the Community Development Department by the close of the appeal period. Any request for a reconsideration will be placed on the next available agenda of the hearing body. At that time, the hearing body will decide whether to grant or to deny the reconsideration request.
What Happens Next?
If the hearing body grants the reconsideration, a public hearing date will be set.
If the hearing body declines to reconsider their decision, you may still file an appeal. The time in which an appeal may be filed is limited to the number of days remaining from the date the reconsideration request was filed to the end of that appeal period. The staff of the Community Development Department is available to assist you to ensure that you understand the process and timing of appeals.
Who Do I Call?
If you have questions about how to file an appeal, contact the project planner assigned to the application you are appealing. Project planners may be reached by calling (925) 674-7205.
You may also direct questions on appeals to the Community Development Department staff at:
The Application and Permit Center
30 Muir Road
Martinez, CA 94553