§ 112.0520 — Environmental Determination Appeals

§ 112.0520 Environmental Determination Appeals

(a) Persons Who Can Appeal Notwithstanding other provisions of this Code, any person may appeal an environmental determination not made by the City Council. (b) Time for Filing an Appeal An application to appeal an environmental determination shall be filed with the City Clerk as follows: (1) Within 10 business days for environmental determinations that involve a development permit, tentative map, or other discretionary action pursuant to the Land Development Code and within 5 business days for environmental determinations that do not involve a development permit, tentative map, or other discretionary action pursuant to the Land Development Code, from the date of the posting of the Notice of Right to Appeal Environmental Determination; or (2) Within 10 business days from the date of a decision by a Hearing Officer or the Planning Commission to adopt or certify an environmental document. (c) Scheduling Appeal Hearings. The appeal hearing before the City Council shall be held no later than 60 calendar days after the date on which the application for an appeal is filed, unless there are more than 60 calendar days until the next regularly scheduled City Council meeting, or unless the Council President determines that the item cannot be heard within the 60 calendar days, in which case the appeal hearing shall be held at the first regularly scheduled City Council meeting after the 60 calendar days have passed or when the Council President determines that the item can be heard. Failure to hold the hearing within the 60 calendar days shall not limit the authority of the City Council to consider the appeal. The appeal hearing shall be noticed in accordance with Section 112.0308. (d) The appellant(s) may withdraw an appeal at any time prior to the commencement of the appeal hearing before the City Council. The withdrawal of the appeal must be filed in writing in the Office of the City Clerk. If all appellants withdraw their appeals, no appeal hearing shall be conducted. The withdrawal of the appeal does not entitle the appellant(s) to any refund of appeal-related costs or fees incurred as of the date of the withdrawal. (e) Power to Act on Appeal. After the conclusion of the public hearing, the City Council may take action as follows: (1) By majority vote deny the appeal, approve the environmental determination and adopt the CEQA findings and statement of overriding considerations of the previous decision-maker, where appropriate; or (2) By majority vote grant the appeal and set aside the environmental determination, in accordance with Section 112.0520(f). (f) If the City Council grants the appeal under Section 112.0520(e)(2): (1) The lower decision-maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental document and associated project at a subsequent public hearing. (2) The Planning Director shall reconsider the environmental determination in accordance with Section 128.0103 and prepare a revised environmental document as appropriate, in consideration of any direction from the City Council. (3) At a subsequent hearing, the City Council shall again consider the environmental determination and associated projects, and may take action as follows: (A) Certify or adopt the environmental document; adopt CEQA findings and statement of overriding considerations as appropriate; and affirm the previous decision to approve the associated project; (B) Certify or adopt the environmental document; adopt CEQA findings and statement of overriding considerations as appropriate; condition and approve the associated project as modified; or (C) Find that the environmental document is insufficient, in which case the document shall not be certified. The associated project shall be denied and the decision shall be deemed the final administrative action. (g) The appeal and any appeal hearings of an environmental determination that a project is not subject to the California Environmental Quality Act pursuant to California Public Resources Code Section 21080(b)(2)-(4) because it is an emergency action shall occur in accordance with Section 112.0520. The emergency action may proceed during the pending of the appeal period and any later appeal hearings.

(Added 7-26-2004 by O-19303 N.S.; effective 8-25-2004) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 2-12-2014 by O-20348 N.S.; effective 3-14-2014.) (Amended 10-25-2017 by O-20863 N.S.; effective 11-24-2017; O-20863 was readopted on 3-19-2019.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.)