The planning director shall prescribe the form for each application provided for or required under this title. The planning director may require an applicant to submit such information and supporting data considered necessary to the processing of the application.

(Prior code § 8-201)

Within thirty (30) calendar days after the Moraga Planning Department has received an application and associated fee for a development project, staff shall determine whether the application is complete and shall transmit the determination in writing to the applicant for the development project. If the application is determined to be incomplete, the Moraga Planning Department shall provide the applicant with an exhaustive list of items that were not included in the application and must be included for the application to be deemed complete.

(Ord. No. 311, § 9, 12-13-2023)

The town council shall, by resolution or the method of calculation, fix the fee to be charged for the filing and processing of each application, the preparation of environmental impact statements and the appeal from the decision of a subordinate agency.

(Prior code § 8-202)

Only a qualified applicant may file an application. A qualified applicant is a person who has either: (1) a freehold interest in the land which is the subject of the application; (2) a possessory interest in that land which gives entitlement to exclusive possession; or (3) a contractual interest which is specifically enforceable and thereby may become a freehold or exclusive possessory interest. The planning director may require an applicant to submit proof of the interest. Applicant includes an authorized agent. The planning director may require an agent to submit evidence of authority to act.

(Prior code § 8-203)

Each application for design review approval shall be accompanied by the information required by Section 8.72.070.

(Prior code § 8-204)

The planning director shall endorse on it the date the application is received. The planning director shall review each application and it may be rejected if it is incomplete or inaccurate. If it is found to be complete, it shall be accepted for filing. When a public hearing is required, the planning director shall fix the time for the holding of a public hearing.

(Prior code § 8-205)

The planning director shall give the notice of public hearing required by law. 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 general description of the area affected;

C.

Other information which is required by statute or specific provision of this code or which the planning director considers necessary or desirable.

(Prior code § 8-301)

A.

Notice shall be given as required by Government Code Sections 65351 and 65355 (adoption or amendment of general plan), 65453 (preparation, adoption or amendment of specific plan), 65853 to 65857 and 65862 (zone change or imposition or change of general land use regulation), 65905 (variance and conditional use permit) and by Sections 8.72.1308.72.150 (design review).

B.

The notice requirements referred to in subsection A of this section are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body specified to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law.

(Ord. 178 § 2, 2000; prior code § 8-302)

The town council shall adopt rules governing the conduct of public hearings by the zoning administrator, the design review board, the planning commission and the town council. The rules shall comply with minimum procedural standards prescribed by Government Code Section 65804. Each component of the planning agency may supplement the rules prescribed by the town council by adopting such additional rules as it determines necessary or convenient. The public hearing shall be conducted in accordance with the applicable adopted rules. Each person interested in the matter shall be given an opportunity to be heard. In each case the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal.

(Prior code § 8-303)

A.

In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this code to be given and the decision of the review body is to grant the applications applied for, the reviewing body shall make findings to support its decision. If the decision is to deny the application, no findings, following the hearing, need be made except a finding that the applicant failed to sustain the burden of presenting evidence sufficient to permit the reviewing body to make the findings required to grant the application.

B.

Subsection A of this section applies only to determination made in the reviewing body's adjudicatory capacity and not to an action of a legislative nature such as a recommendation for or adoption of a land use regulation. The existence or nonexistence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law.

(Prior code § 8-401)

Before the planning commission makes its recommendation on an application for: (i) a change of zoning district applicable to the subject property; or (ii) a change in a text of a land use regulation, it shall determine whether or not:

A.

The change proposed is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

B.

In the case of a general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;

C.

A community need is demonstrated for the change proposed;

D.

Its adoption will be in conformity with public convenience, general welfare and good zoning practice.

(Prior code § 8-402)

The reviewing body shall comply with Sections 8.72.050 and 8.72.080 prescribing the standards applicable to the process of design review required by Chapter 8.72 of this title.

(Prior code § 8-403)

A.

General. A conditional use permit may be granted only after a determination that the proposed use:

1.

Is appropriate to the specific location;

2.

Is not detrimental to the health, safety, and general welfare of the town;

3.

Will not adversely affect the orderly development of property within the town;

4.

Will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the town;

5.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

6.

Will not create a nuisance or enforcement problem within the neighborhood;

7.

Will not encourage marginal development within the neighborhood;

8.

Will not create a demand for public services within the town beyond that of the ability of the town to meet in the light of taxation and spending restraints imposed by law; and

9.

Is consistent with the town's approved funding priorities.

B.

Hillside Projects. To approve a conditional use permit for any development that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall make all of the findings in Municipal Code Section 8.136.050 (Findings for Approval) in addition to the findings in Section 8.12.120.A.

(Prior code § 8-404)

(Ord. No. 277, § 2, 4-25-2018)

A.

General. A variance from the requirements of zoning regulations as to lot area, lot coverage, width, depth, side yard, rear yard, setback, parking requirements, height of building, or other regulation affecting the size, shape, or design of a lot or the placement of buildings on it may only be granted when:

1.

Because of special circumstances concerning the subject property including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same zoning district;

2.

The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same zoning district; and

3.

The variance substantially complies with the intent and purpose of the zoning district in which the property is classified.

B.

Hillside Projects. To approve a variance for any development that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall make all of the findings in Municipal Code Section 8.136.050 (Findings for Approval) in addition to the findings in Section 8.12.130.A.

(Prior code § 8-405)

(Ord. No. 277, § 2, 4-25-2018)

A.

The planning commission may not approve a tentative subdivision map unless it finds with reference to the proposed subdivision that each of the conditions set forth in Section 8.12.120 exists.

B.

The planning commission shall deny approval of a tentative subdivision map and the town council shall deny approval of a final subdivision map if it determines that approval will result in any of the conditions described in Government Code Section 66474. However, if the planning commission has previously approved a tentative subdivision map the town council may not deny approval of the final subdivision map if the final map is in substantial compliance with the previously approved tentative subdivision map.

C.

To approve a tentative map or parcel map for a subdivision that meets the requirements of Section 8.136.020 (Applicability) in Chapter 8.136 (Hillside Development) of the Municipal Code, the reviewing authority shall find that the proposed subdivision complies with all applicable general plan hillside development policies, including but not limited to policies under community design element CD8, in addition to making all findings and determinations required by the Town of Moraga Subdivision Ordinance and the California Subdivision Map Act.

(Prior code § 8-406)

(Ord. No. 277, § 2, 4-25-2018)

A.

Form. After hearing the evidence and considering the application, the reviewing body shall make its decision and have it entered in the minutes. The decision shall be in the form of a minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision.

B.

Time. The reviewing body shall make its decision and formulate its written findings within thirty (30) calendar days after the close of the public hearing.

C.

Notice of Decision. The planning director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings.

D.

Acceptance to be Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions.

(Prior code § 8-501)

If a component member of the planning agency denies the application and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the town is final except as provided in Section 8.12.170 for denial without prejudice.

(Prior code § 8-502)

If the application is denied without prejudice the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 8.12.160.

(Prior code § 8-503)

A decision of a component member of the planning agency is not final until the time for appeal expires. The time for appeal is as follows:

A.

In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the town council (Government Code Section 65856);

B.

In the case of an appeal from action by a component member of the planning agency within ten (10) calendar days after the date of the decision.

(Prior code § 8-504)

The planning commission shall hear an appeal from the decision of the planning staff, design review administrator and zoning administrator. The town council shall hear an appeal from the decision of the planning commission or design review board. The decision of the town council on such matters is final.

(Prior code § 8-505)

(Ord. No. 287, § 6, 2-26-2020)

A.

Notice of Appeal. A person desiring to appeal the decision of a component member of the planning agency shall file a written notice of appeal with the planning director within the time required by Section 8.12.180.

B.

Form of Notice of Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The planning director may provide forms of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal.

C.

Action on Appeal. The planning director shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 8.12.060 and 8.12.070.

D.

De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

E.

Decision on Appeal. The reviewing body may reverse or affirm in whole or part, or may modify the order, requirement, decision or determination appealed from.

(Prior code § 8-506)

Once a written notice of appeal has been filed with the planning director in accordance with Section 8.12.200(A), the appeal may not be withdrawn or terminated, except in the following circumstances:

A.

The person who filed the appeal may file a request to withdraw the appeal with the planning director, which request may be granted as follows:

1.

If the withdrawal is made prior to the hearing by the town council, the request shall be granted, except as otherwise provided in subsection (A)(2) of this section, and the planning director shall provide written notice of such withdrawal to the appellant, the applicant, the city council and any interested parties. The time for filing another appeal on the underlying decision, as set forth in Section 8.12.180, shall recommence on the date written notice of a new appeal period is mailed and any person may file an appeal in accordance with the provisions of this article. However, the same party cannot file more than one appeal related to an underlying decision.

2.

In the event that the process for withdrawal of an appeal set forth in subsection (A)(1) of this section is employed three times with respect to any one underlying decision, the city council shall hear and grant or deny all subsequent requests to withdraw appeals of such decision. In the event that the city council hears and grants such a request, the planning director shall provide written notice of such withdrawal and the time for filing an appeal shall recommence pursuant to Section 8.12.205(A)(1).

3.

During the processing of a request to withdraw an appeal, the planning director shall suspend all processing of the appeal.

B.

The applicant may terminate the processing of the appeal by withdrawing the relevant application and vacating the decision that was appealed.

(Ord. 199 § 1, 2003)

An applicant may appeal the failure of a component member of the planning agency to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The reviewing body shall consider all of the circumstances surrounding the application in determining what is a reasonable time.

(Prior code § 8-507)

A.

Any person may appeal a decision, requirement or determination made by the town staff in the administration of the land use regulations not otherwise provided for. The town manager shall hear the appeal in the first instance. The appeal shall be in writing, filed with the planning director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within thirty (30) calendar days of the date of the action appealed.

B.

Upon receiving the notice of appeal, the town manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least fifteen (15) calendar days before the hearing. The hearing shall be held within thirty (30) calendar days before the hearing. The hearing shall be held within thirty (30) calendar days of the date the notice of appeal is filed. The parties may extend this time by agreement.

C.

The decision of the town manager is final fifteen (15) calendar days after notice is given the appellant of the ruling on the appeal, unless an appeal is taken from the decision. Such an appeal is to the planning commission. The notice of appeal shall be in the form provided by Section 8.12.200(A) and (B) and shall be filed with the town manager within fifteen (15) calendar days after the date of the decision.

D.

Upon receiving the appeal from the decision the town manager shall refer the matter to the planning director. The planning director shall schedule the appeal for consideration by the planning commission within thirty (30) calendar days and shall give the appellant fifteen (15) calendar days notice of the time and place of the hearing. The decision of the planning commission may be appealed to the town council in the same manner and within the same time from its decision as is provided in the case of an appeal from the town manager's decision.

(Prior code § 8-508)

The notice of appeal shall be accompanied by the fee fixed by resolution of the town council provided for by Section 8.12.020. The reviewing body may waive the fee where it finds that it is in the interests of justice so to do under the particular circumstances.

(Prior code § 8-509)

A.

Decisions of the town council on planning matters are final and are not appealable under this section.

B.

A planning commissioner may call up the decision of a component member of the planning agency (as that term is defined in MMC Section 8.08.010), except for a decision issued by the planning commission (including a decision issued by the planning commission acting in its capacity as the design review board) during the planning commissioner's term of office.

C.

A town council member may call up the decision of a component member of the planning agency (as that term is defined in MMC Section 8.08.010).

D.

An appeal initiated pursuant to this section shall be processed in the same manner as an appeal initiated by any other person but need not be accompanied by the fee prescribed for an appeal.

E.

The town council member or planning commissioner appealing a decision pursuant to this section is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body.

(Prior code § 8-510)

(Ord. No. 287, § 6, 2-26-2020)

A.

The component member of the planning agency making the decision may reconsider its decision upon request from an interested party to do so if it determines that there were important factual or legal matters which it failed to consider before making the decision.

B.

The request for reconsideration shall be filed in writing within the time allowed to appeal setting forth the factual or legal matters which were not considered. In the case of a request for reconsideration of a decision of the town council, the request shall be filed within fifteen (15) calendar days of its decision.

C.

The request shall be acted upon at the next meeting. If the request is denied, the time to appeal is extended only by the number of days required to hear and decide the request. If the request is granted, each person recording an appearance and address at the initial hearing is entitled to mailed notice of the time of the new hearing.

(Prior code § 8-511)

Section 1094.6 of the Code of Civil Procedure applies to adjudicatory administrative decisions made under this title of the municipal code.

(Prior code § 8-512)