342.6

SEC. 342.6. APPEALS. (a) Within thirty (30) days of the issuance or denial of a Consistency Determination by the Planning Commission, any person may file an appeal. If the Board of Supervisors has authority to review any associated entitlements, the appeal of the Consistency Determination shall be filed with the Board of Supervisors. If the Board of Supervisors does not have authority to review any associated entitlement the appeal shall be filed with the Board of Appeals. (b) Appeal to the Board of Supervisors: The Board of Supervisors shall hold a public hearing on an appeal of a Consistency Determination. If the Board of Supervisors, based on all of the information before it, disagrees with the Planning Commission's decision to grant or deny a Consistency Determination, the Board of Supervisors may reverse such decision. The Board of Supervisor's decision shall be final. (c) Appeal to the Board of Appeals: The Board of Appeals shall hold a public hearing on an appeal of a Consistency Determination: The Board of Appeals may, based on all of the information before it and on the affirmative vote of four of its members (or, if a vacancy exists, by a vote of three members), disagree with the Planning Commission's decision to grant or deny a Consistency Determination. In such cases the Board of Appeals may overrule the Planning Commission's decision and shall state in writing the reasons for its action. The Board of Appeals' decision shall be final. (d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan. (Added by Ord. 300-10, File No. 101057) SEC. 342.7. AUTHORITY TO ADOPT RULES AND REGULATIONS. The Planning Director, in consultation with the Department of Public Health, may prepare rules, regulations, or guidelines to implement and enforce these sections 342 to 342.10. Rules or regulations prepared pursuant to this Section shall be adopted at a regular meeting of the Planning Commission, by a majority vote following a public hearing, provided that the amendment has been calendared for hearing for at least ten days. (Added by Ord. 300-10, File No. 101057) SEC. 342.8. PREEMPTION. In adopting sections 342 to 342.10, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State to take any actions that are required, directed, or expressly authorized by Federal or State law. This ordinance shall not apply to prohibit conduct that is prohibited by Federal and State law. The ordinance does not intend to supplant or supersede any state or local land use or environmental laws or regulations, including but not limited to the City's land use planning and zoning ordinances and the California Environmental Quality Act. (Added by Ord. 300-10, File No. 101057) SEC. 342.9. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.