Appeal Process for Denied Permits in Concord

Any applicant, property owner, or interested person may appeal a decision made under the Concord Development Code within 10 calendar days of the decision date. Appeals are heard by the next highest review authority, typically the Zoning Administrator, Planning Commission, or City Council, depending on the initial decision-making body.

Overview of the Appeal Process

In the City of Concord, the appeal process serves as a safeguard to ensure that decisions are consistent with the purposes of the Concord Development Code. Decisions made by the Planning Division may be appealed to the Zoning Administrator, decisions by the Zoning Administrator may be appealed to the Planning Commission, and decisions by the Planning Commission may be appealed to the City Council [Section 18.510.010].

Filing an Appeal

Time Limit: Appeals must be initiated within 10 calendar days of the date of the decision [Section 18.510.030]. If the 10th day falls on a weekend or holiday, the appeal period is extended to the next working day [Section 18.510.030].
Initiation: An appeal must be filed in writing with the Planning Division or City Clerk on a provided form and must include the required filing fee [Section 18.510.040].
Requirements: The written appeal must state the specific determination or interpretation claimed to be in error, the specific facts claimed to be inaccurate, and the specific decision claimed to be unsupported by the record [Section 18.510.040].

Hearing and Decision

Upon the timely filing of an appeal, all proceedings associated with the matter are stayed (temporarily vacated) until a final decision is rendered by the appropriate appellate body [Section 18.510.040]. The appellate body will conduct a de novo hearing to consider new materials and testimony, along with the original application materials [Section 18.510.050].

Decisions on appeals are generally rendered within 30 calendar days of the close of the hearing. The decision must be supported by the weight of the evidence presented [Section 18.510.050].

Summary of Appeal Paths

Initial Decision-Making Body	Appellate Authority
Planning Division	Zoning Administrator
Zoning Administrator	Planning Commission
Planning Commission	City Council

Note: In specific instances, the Zoning Administrator may refer an appeal directly to the Planning Commission for consideration and determination [Section 18.510.010].

Limitations

Appeals from an approval of a wireless facility will not be permitted to the extent that the appeal is based on environmental effects from radio frequency (RF) emissions that comply with all applicable FCC regulations [Section 18.205.070]. Additionally, if a matter has been disapproved on appeal, the same or substantially the same matter shall not be considered by the same appellate body within 12 months, unless the disapproval was made "without prejudice" and so stated in the record [Section 18.510.070].

Sections Cited