§ 17.72.040. Scope of Appeals

Determinations, decisions, and actions that may be appealed and the authority to act upon an appeals shall be as follows.

A.

Determinations. The following determinations of the Director, Zoning Administrator, Hearing Officer, Film Liaison, and Environmental Administrator may be appealed to the Board of Zoning Appeals:

1.

Interpretations of the meaning and determinations on the applicability of the provisions of this Zoning Code that are believed to be in error;

2.

A determination that a permit application or information submitted with the application is incomplete, in compliance with State law (Government Code Section 65943); and

3.

An enforcement action in compliance with Chapter 17.78 (Enforcement).

B.

Permit/entitlement and hearing decisions. Decisions and actions by the Director, Zoning Administrator, Hearing Officer, Film Liaison, Advisory Agency, and Environmental Administrator may be appealed to the Board of Zoning Appeals.

C.

Director decisions. Decisions by the Director, in compliance with Chapter 17.62 (Historic Preservation), may be appealed to the Historic Preservation Commission (or to the Design Commission as specified in Section 17.62.030). Decisions by the Director, in compliance with Section 17.61.030, may be appealed to the Design Commission.

D.

Commission, Design Commission Arts and Culture Commission and Historic Preservation Commission decisions. Decisions by the Commission, Design Commission Arts and Culture Commission and the Historic Preservation Commission may be appealed to the Council.

E.

Appeal of CEQA decisions.  

1.

Appeal of CEQA decisions to the Council. When any CEQA document or decision is certified or approved, it may be appealed to the Council.

2.

Appeal shall include the entire decision. Recognizing that it is difficult to separate the decision on the environmental document from the project itself, the appeal to the Council shall include the entire decision. For example, if, after CEQA document certification or approval, the Board of Zoning Appeals approves a land use permit, the appeal shall include both the CEQA document certification or approval and the accompanying land use permit. Such an appeal shall be reviewed in a de novo hearing.

F.

Subdivision Map Act decisions. All decisions made by the Advisory Agency pursuant to the Subdivision Map Act, and appealed to the Board of Zoning Appeals, have a final right of appeal to the City Council.

(Ord. 7160 § 68, 2009; Ord. 7099 § 53 (Exh. 27), 2007)