Part 13A. General Provisions

This Division (Authorities) recognizes or identifies the agencies involved in administering the Zoning Code, this Chapter and Chapter I. (General Provisions and Zoning) of this Code. This Division (Authorities) also describes how the agencies are composed, and their powers and duties. If the agency is established by another body of law, such as the City Charter, cross-references to those laws are provided. All City Charter provisions still apply.

1. Establishment

   See Sec. 200 (City Officers) of the City Charter.

2. Composition

   See Sec. 201 (City Offices) of the City Charter.

3. General Authority

   See Sec. 230 (Mayor) and 231 (Powers and Duties) of the City Charter.

4. Specific Authority

   Consistent with the duties set forth in the City Charter, the Mayor exercises the following specific authority:

   1. Review and submit recommendations pertaining to an amendment, in whole or in part, of the General Plan.

   2. Approve or veto pursuant to the City Charter:

      1. A Specific Plan;

      2. A Zoning Code Amendment; and

      3. A Zone Change (including Supplemental Use Districts).

   3. Exercise any other authority delegated by this Code or the City Charter.

1. Establishment

   See Sec. 200 (City officers) of the City Charter.

2. Composition

   See Sec. 204 (Election and City Council Members; Redistricting), 205 (Term of office), 206 (Term Limits), and 241 (Council Size) of the City Charter.

3. General Authority

   See Sec. 240 – 254 (Legislative Branch) of the City Charter.

4. Specific Authority

   Consistent with the duties set forth in the City Charter, the City Council exercises the following specific authority:

   1. Adopt or amend the General Plan;

   2. Adopt or amend a Specific Plan;

   3. Adopt or amend the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code;

   4. Adopt or amend a Zone Change (including Supplemental Use Districts);

   5. Approve, conditionally approve, or deny a Class 3 Conditional Use Permit on appeal from the City Planning Commission;

   6. Approve, conditionally approve, or deny a project exception on appeal from an Area Planning Commission;

   7. Approve, conditionally approve, or deny a Nuisance Abatement/Revocation on appeal from the Zoning Administrator;

   8. Accept final maps and dedications pursuant to a final map;

   9. Accept final parcel maps and dedications pursuant to a final parcel map;

   10. Adopt or amend a Historic Preservation Overlay Zone (“HPOZ”) designation or boundary change;

   11. Approve, conditionally approve, or deny a Certificate of Appropriateness (Demolition, Removal, or Relocation) on appeal from an Area Planning Commission; and

   12. Exercise any other authority delegated by the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code, or the City Charter.

1. Establishment

   See Sec. 551 (City Planning Commission) of the City Charter.

2. Composition

   See Sec. 551 (City Planning Commission) of the City Charter.

3. General Authority

   See Sec. 551 (City Planning Commission) and 559 (Delegation of Authority) of the City Charter.

4. Specific Authority

   Consistent with the duties set forth in the City Charter, the City Planning Commission exercises the following specific authority:

   1. Review and submit recommendations to the City Council on:

      1. The adoption or amendment of the General Plan;

      2. The adoption or amendment of a Specific Plan;

      3. The adoption or amendment of the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code;

      4. Any Zone Change (including Supplemental Use Districts); and

      5. Any Historic Preservation Overlay Zone (“HPOZ”) designation or boundary change.

   2. To render a final decision on any:

      1. Class 3 Conditional Use Permit;

      2. Preservation Plan Adoption / Amendment; and

      3. Guidelines or Standards Adoption / Amendment.

   3. To approve or deny, on appeal, any:

      1. Project Review relating to a Density Bonus;

      2. Specific Plan interpretation (which affects an entire Specific Plan area or any of its subareas);

      3. Appeals of Department of City Planning action on LADBS Appeal (which have a Citywide impact);

      4. Subdivision Approval, as provided in Div. 13B.7. (Division of Land); and

      5. Zoning Administrator interpretation.

   4. Make decisions on any matter that would otherwise be heard by an Area Planning Commission if the matter involves a project, which crosses the boundaries of the area served by more than one Area Planning Commission.

   5. Adopt guidelines for the administration of the provisions of this Chapter or Chapter I. (General Provisions and Zoning) of this Code if it determines that guidelines are necessary and appropriate. Authority to adopt guidelines for the administration of the provisions of these Chapters may be delegated to others by adoption of a resolution by City Council. Existing provisions of these Chapters that delegate authority for the adoption of guidelines to others shall continue to apply with respect to those provisions.

   6. No ordinance, order or resolution referred to in Sec. 554 (General Plan – Purpose and Contents) or 558 (Procedure for Adoption, Amendment or Repeal of Certain ordinances, orders and Resolutions) of the City Charter shall be adopted by the City Council, unless it shall have first been submitted to the City Planning Commission or the Area Planning Commission for report and recommendation, in the manner set forth in those Sections. The report and recommendation shall indicate whether the proposed ordinance, order, or resolution is in conformance with the General Plan, any applicable Specific Plans, any plans being prepared by the Department of City Planning, and any other applicable requirement set forth in those City Charter Sections.

   7. Exercise any other authority delegated by the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code, or the City Charter.

1. Establishment

   1. Creation of Area Planning Commissions

      In accordance with Sec. 552 (Area Planning Commissions) of the City Charter, there are established seven Area Planning Commissions as set out in Subsection A.2 (Boundaries) below.

   2. Boundaries

      The Area Planning Commissions and their boundaries are as follows:

      Area Planning Commission	Boundaries (as set out in the designated community plans)
      North Valley Area Planning Commission	•Arleta. Pacoima Community Plan, as adopted on November 6, 1996, the boundaries of which are shown on a map in Council File No. 95-1396. •Chatsworth. Porter ranch Community Plan, as adopted on July 14, 1993, the boundaries of which are shown on a map in Council File No. 91-1045- 43. •Granada Hills. Knollwood Community Plan, as adopted on July 10, 1996, the boundaries of which are shown on a map in Council File No. 95-0994. •Mission Hills. Panorama City - North Hills Community Plan, as adopted on June 9, 1999, the boundaries of which are shown on a map in Council File No. 97-0706. •Northridge Community Plan, as adopted on February 24, 1998, the boundaries of which are shown on a map in Council File No. 98-0027. •Sun Valley - La tuna Canyon Community Plan, as adopted on August 13, 1999, the boundaries of which are shown on a map in Council File No. 98- 2025. •Sunland - Tujunga - Lakeview terrace - Shadow Hills - East La Tuna Canyon Community Plan, as adopted on November 18, 1997, the boundaries of which are shown on a map in Council File No. 97-0703. •Sylmar Community Plan, as adopted on August 6, 1997, the boundaries of which are shown on a map in Council File No. 96-0429.
      South Valley Area Planning Commission	•Canoga Park - Winnetka - Woodland Hills - West Hills Community Plan, as adopted on August 17, 1999, the boundaries of which are shown on a map in Council File No. 98-1957. •Encino - Tarzana Community Plan, as adopted on December 16, 1998, the boundaries of which are shown on a map in Council File No. 98-1823. •North Hollywood - Valley Village Community Plan, as adopted on May 14, 1996, the boundaries of which are shown on a map in Council File No. 95-0830. •Reseda - West Van Nuys Community Plan, as adopted on November 17, 1999, the boundaries of which are shown on a map in Council File No. 96- 1597. •Sherman Oaks - Studio City - Toluca Lake - Cahuenga Pass Community Plan, as adopted on May 13, 1998, the boundaries of which are shown on a map in Council File No. 97-0704. •Van Nuys - North Sherman Oaks Community Plan, as adopted on September 9, 1998, the boundaries of which are shown on a map in Council File No. 98-0572. •Mulholland Scenic Parkway Specific Plan, as adopted by ordinance No. 167,943 on June 29, 1992, the boundaries of which are shown in the map attached to that ordinance. To the extent any area included within the boundaries of the Mulholland Scenic Parkway Specific Plan is also included within a community plan, that area shall be served by the South Valley Commission, and not by any other Area Planning Commission that would otherwise be authorized to serve that area under this Subsection.
      West Los Angeles Area Planning Commission	•Bel Air - Beverly Crest Community Plan, as adopted on November 6, 1996, the boundaries of which are shown on a map in Council File No. 95-1386; except for that area within the boundaries of the Mulholland Scenic Parkway Specific Plan, which area shall be served by the South Valley Area Planning Commission as provided in Paragraph 2. of this Subsection. •Brentwood - Pacific Palisades Community Plan, as adopted on June 17, 1998, the boundaries of which are shown on a map in Council File No. 98- 0771; except for that area within the boundaries of the Mulholland Scenic Parkway Specific Plan, which area shall be served by the South Valley Area Planning Commission as provided in Paragraph 2. of this Subsection. •Palms - Mar Vista - Del Rey Community Plan, as adopted on September 17, 1998, the boundaries of which are shown on a map in Council File No. 97-0705. •Venice Community Plan, as adopted on October 14, 1970, the boundaries of which are shown on a map in Council File No. 76-1403. •West Los Angeles Community Plan, as adopted on July 27, 1999, the boundaries of which are shown on a map in Council File No. 98-2024. •Westchester - Playa Del Rey Community Plan, as adopted on June 13, 1974, the boundaries of which are shown on a map in Council File No. 72- 2670. •Westwood Community Plan, as adopted on July 27, 1999, the boundaries of which are shown on a map in Council File No. 98-1534. •Interim Plan for the Los Angeles international Airport, as adopted by the City Council on January 12, 1981, the boundaries of which are shown on the map in Council File No. 82-4283-S1.
      Central Area Planning Commission	•Central City Community Plan, as adopted on May 2, 1974, the boundaries of which are shown on a map in Council File No. 72-1723. •Central City North Community Plan, as adopted on February 5, 1985, the boundaries of which are shown on a map in Council File No. 84-1717. •Hollywood Community Plan, as adopted on December 13, 1988 the boundaries of which are shown on a map in Council File No. 86-0695- S1; except for that area within the boundaries of the Mulholland Scenic Parkway Specific Plan, which area shall be served by the South Valley Area Planning Commission as provided in Paragraph 2. of this Subsection. •Westlake Community Plan, as adopted on September 16, 1997, the boundaries of which are shown on a map in Council File No. 95-1234. •Wilshire Community Plan, as adopted on May 17, 1976, the boundaries of which are shown on a map in Council File No. 75-2828-S1.
      East Area Planning Commission	•Boyle Heights Community Plan, as adopted on November 10, 1998, the boundaries of which are shown on a map in Council File No. 95-1302. •Northeast Los Angeles Community Plan, as adopted on June 15, 1999, the boundaries of which are shown on a map in Council File No. 99-0711. •Silver Lake - echo Park Community Plan, as adopted on February 17, 1984, the boundaries of which are shown on a map in Council File No. 83-0071.
      South Los Angeles Area Planning Commission	•South Central Los Angeles Community Plan, as adopted on March 22, 2000, the boundaries of which are shown on a map in Council File No. 98-1192. •Southeast Los Angeles Community Plan, as adopted on March 22, 2000, the boundaries of which are shown on a map in Council File No. 99-0496. •West Adams - Baldwin Hills - Leimert Community Plan, as adopted on May 6, 1998, the boundaries of which are shown on a map in Council File No. 97-0534.
      Harbor Area Planning Commission	•Harbor Gateway Community Plan, as adopted on December 6, 1995, the boundaries of which are shown on a map in Council File No. 95-1394. •San Pedro Community Plan, as adopted on March 24, 1999, the boundaries of which are shown on a map in Council File No. 98-1771. •Wilmington - Harbor City Community Plan, as adopted on July 14, 1999, the boundaries of which are shown on a map in Council File No. 98-1619. •Port of Los Angeles Plan, as adopted by the City Council on September 28, 1982, the boundaries of which are shown on the map in Council File No. 82-0400.

   3. Change in Boundaries

      If the boundaries of any community plan or Specific Plan mentioned in Subsection A.2 (Boundaries) above are changed, that change will not affect the boundaries of the areas to be served by each Area Planning Commission as prescribed by this Section. A change in the boundaries of the area to be served by any Area Planning Commission are affected only by a specific amendment or repeal of this Section.

2. Composition

   See Sec. 552 (Area Planning Commissions) of the City Charter.

3. General Authority

   See Sec. 552 (Area Planning Commissions) of the City Charter.

4. Specific Authority

   Consistent with the duties set forth in the City Charter, an Area Planning Commission exercises the following specific authority:

   1. Review and submit recommendations to the City Council on a Zone Change (including Supplemental Use Districts).

   2. To render a final decision on any:

      1. Project exception; and

      2. Certificate of Appropriateness (Demolition, Removal, or Relocation).

   3. To approve or deny, on appeal, any:

      1. Class 2 Conditional Use Permit;

      2. Project Review;

      3. Project compliance;

      4. Project compliance (Design Review Board);

      5. Project adjustment;

      6. Specific Plan interpretation (which is applicable only on a site specific basis);

      7. Alternative Compliance;

      8. Adjustment;

      9. Variance;

      10. Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction);

      11. Certificate of Compatibility for non-contributing elements;

      12. Appeals of Department of City Planning action on LADBS Appeal (which do not have a Citywide impact);

      13. Subdivision Approval, as provided in Div. 13B.7. (Division of Land);

      14. Coastal Development Permit; and

      15. Zoning Administrator interpretation on a site specific issue.

   4. Despite the above provisions, the City Planning Commission shall make decisions on any matter that would otherwise be heard by an Area Planning Commission if the matter involves a project which crosses the boundaries of the area served by more than one Area Planning Commission.

   5. Exercise any other authority delegated by the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code, or the City Charter.

See Sec. 22.171 (Purpose of the Commission) of the LAAC.

1. Establishment

   See Sec. 553 (Director of Planning) of the City Charter.

2. Composition

   See Sec. 508 (Appointment and Removal of Chief Administrative officers) of the City Charter.

3. General Authority

   See Sec. 553 (Director of Planning) of the City Charter.

4. Specific Authority

   Consistent with the duties set forth in the City Charter, the Director exercises the following specific authority:

   1. Review and submit recommendations on:

      1. The adoption or amendment of the General Plan;

      2. The adoption or amendment of a Specific Plan;

      3. A Zoning Code Amendment;

      4. A Zone Change (including Supplemental Use Districts);

      5. The adoption or amendment of a Preservation Plan; and

      6. Any other decision within the original jurisdiction of the City Planning Commission or an Area Planning Commission.

   2. To render a decision on any:

      1. Project Review;

      2. Director Determination;

      3. Administrative Review;

      4. Project compliance;

      5. Project compliance (Design Review Board);

      6. Project adjustment;

      7. Specific Plan interpretation;

      8. Alternative Compliance;

      9. Adjustment;

      10. Reasonable Accommodation - Fair Housing Protections for individuals with Disabilities;

      11. Private street map;

      12. Review of Conforming Work in an Historic Preservation Overlay Zone, where delegated by a Preservation Plan;

      13. Certificate of Appropriateness (Construction, Addition, Alteration, Reconstruction) in an Historic Preservation Overlay Zone;

      14. Certificate of Compatibility for Non-Contributing Elements in an Historic Preservation Overlay Zone;

      15. Appeals from LADBS Determinations; and

      16. Coastal Development Permit.

   3. Interpret the meaning of the General Plan and Specific Plans in instances when there is a lack of clarity in the meaning of those regulations, subject to appellate review.

   4. Appoint a designee to act on his or her behalf, in which case references in this Code and other land use ordinances to Director shall include this designee, unless otherwise stated.

   5. Require the modification, discontinuance, or revocation of any conditional use or other similar quasi-judicial approval granted in accordance with the procedures in Sec. 13B.2.1. (Class 1 Conditional Use Permit), Sec. 13B.2.2. (Class 2 Conditional Use Permit), or Sec. 13B.2.3. (Class 3 Conditional Use Permit) in the manner prescribed in Sec. 13B.6.2. (Nuisance Abatement/Revocation). In the event of a revocation, the property affected by the revocation shall be subject to all the regulations of the zone in which the property is located.

   6. Exercise any other authority delegated by the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code, or the City Charter.

1. Establishment

   See Sec. 561 (Office of Zoning Administration) of the City Charter.

2. Composition

   See Sec. 561 (Office of Zoning Administration) of the City Charter.

3. General Authority

   See Sec. 561 (Office of Zoning Administration) of the City Charter.

4. Specific Authority

   Consistent with the duties set forth in the City Charter, the Zoning Administrator exercises the following specific authority:

   1. To render a decision on any:

      1. Variance;

      2. Class 1 Conditional Use Permit;

      3. Class 2 Conditional Use Permit;

      4. Evaluation of Non-Compliance; and

      5. Nuisance Abatement/Revocation.

   2. Zoning Administrator Interpretation

      1. The Zoning Administrator has the authority to determine the appropriate use definition and interpret specific uses for each lot subject to this Chapter, in accordance with this Paragraph (Zoning Administrator Interpretation).

      2. The Zoning Administrator shall also have authority to interpret zoning regulations when the meaning of the regulation is not clear, either in general or as it applies to a specific property or situation.

      3. The Zoning Administrator shall also have authority to adopt general interpretations determining the proper application of the yard regulations to groups of lots located in hillside districts or affected by common problems. The Zoning Administrator shall also have authority to interpret zoning regulations when the meaning of the regulation is not clear, either in general or as it applies to a specific property or situation.

      4. Anyone aggrieved by the Zoning Administrator’s determination may file an appeal within 15 days of the issuance of the written decision.

      5. The City Planning Commission shall hear appeals on Zoning Administrator interpretations where there is no site specific issue. The Area Planning Commission shall hear appeals on site specific Zoning Administrator interpretations.

      6. For lots subject to Chapter I. (General Provisions and Zoning), the Zoning Administrator shall have authority to determine other uses, in addition to those listed in Chapter I. (General Provisions and Zoning), which may be permitted in each of the various zones, when in the Zoning Administrator's judgment, the other uses are similar to and no more objectionable to the public welfare than those listed.

      7. For lots subject to Chapter I. (General Provisions and Zoning), in no instance shall the Zoning Administrator determine, nor shall these regulations be so interpreted, that a use may be permitted in a zone when that use is specifically listed as first permissible in a less restrictive zone.

   3. Exercise any other authority delegated by the Zoning Code, this Chapter or Chapter I. (General Provisions and Zoning) of this Code, or the City Charter.

1. Establishment

   See Sec. 22.12 (Creation of the Department) of the LAAC.

2. Specific Authority

   Consistent with the powers established in Chapter II. (Department of Building and Safety) of Div. 22 (Departments, Bureaus and Agencies Under the Control of the Mayor and Council) of the LAAC, and Chapter IX. (Building Regulations) of this Code, the Department of Building and Safety has the powers listed below of its authority and jurisdiction for purposes of the Zoning Code, this Chapter and Chapter I. (General Provisions and Zoning) of this Code.

   1. Enforcement

      The Department of Building and Safety is granted the power to enforce the zoning ordinances of the City.

   2. Zoning information

      The Department of Building and Safety shall maintain a public information bureau relative to zoning matters.

   3. Nonconforming Use

      The Department of Building and Safety has the authority to issue an order to comply to an owner of any building or structure who is in violation of Chapter I. (General Provisions and Zoning), Sec. 12.23. (Nonconforming Building and Uses) of this Code or Article 12. (Nonconformities) of this Chapter and advise the owner of the required discontinuance of the nonconforming use of the building or structure.

      1. A provision advising the owner of the right to apply to the Department of City Planning within 90 days for permission to continue the nonconforming use of the building or structure as provided in this Subdivision shall be included in the order, but the failure to include that provision does not nullify the order or provide a basis for the continued use of the building or structure.

      2. The Department of Building and Safety shall record a notice of any order issued pursuant to this Subsection with the office of the Los Angeles County Recorder, but the failure to so record does not nullify the order or provide a basis for the continued use of the building or structure by any owner, purchaser, or lessee who was not aware of the order.

   4. Issuance of Citations by Designated Employees

      Employees of the Department of Building and Safety specified in Chapter IX. (Building Regulations), Sec. 98.0408. (Issuance of Citations by Designated Employees) of this Code shall have the powers, duties, and immunities as set forth in said Section.

See Div. 13B.7. (Division of Land).

See Div. 13B.7. (Division of Land).

1. Establishment

   1. Formation

      Certain Specific Plans call for design review boards. A design review board shall only be established for Specific Plans that expressly provide for one.

   2. Name of Board

      Each design review board shall have, as part of its name, words linking it to its area of administration and distinguishing it from other similar associations and boards.

2. Composition

   1. Number of Members

      Design review boards shall consist of a minimum of five and maximum of seven voting members.

   2. Appointment of Members

      With the exception of the Mulholland Specific Plan, the members of design review boards shall be appointed by the Councilmember(s) of the Council District(s) in which the Specific Plan area is located.

   3. Qualifications of Membership

      1. Unless otherwise specifically required by a Specific Plan, to the maximum extent practicable, each design review board shall be composed of two architects and two professionals from the following or related fields: planning, urban design, and landscape architecture. The remaining member or members need not be design professionals. All members shall reside, operate a business, or be employed within the Specific Plan area. If no eligible person is known to be available for appointment in the designated disciplines who resides, operates a business, or is employed within the Specific Plan area, then the Councilmember(s) may make the appointment from the community plan area(s) in which the Specific Plan area is located. If a Specific Plan is located in more than one community plan area, then the members may be chosen from any of those community plan areas.

      2. If the design review board area is represented by more than one Councilmember, then the President of the City Council shall determine the number of members appointed by the Councilmember of each Council District, based on the percentage of design review board area located in each Council District.

   4. Terms of Membership

      1. A term of office of a member of a design review board is four years.

      2. The members of design review boards shall be appointed to staggered terms so that at least one term becomes vacant on each successive year.

      3. The chairperson and vice-chairperson shall be elected annually by a majority of the design review board members.

      4. Upon expiration of the term of any member of the design review board, the appointment for the next succeeding term shall be made by the appointing authority. Appointments are limited to two consecutive four-year terms. Members of the board whose terms have expired shall remain members until their replacements have been appointed.

   5. Vacancies

      In the event of a vacancy occurring during the term of a design review board member, the Councilmember(s) who appointed the member, or the Councilmember(s)’ successor, shall make an appointment to serve the unexpired term of that member. Where the member is required to have specific qualifications, the vacancy shall be filled by a person having similar qualifications.

   6. Organization

      1. Design review boards shall schedule regular meetings at fixed times within the month with a minimum of two meetings a month.

      2. Meetings may be canceled if no applications which have been deemed complete are received at least 14 calendar days prior to the next scheduled meeting.

   7. Quorum

      The presence of a simple majority of the appointed members shall constitute a quorum. If a design review board cannot obtain a quorum for action within the stated time limits, the application shall be transferred to the Director for action with no recommendation from the design review board. An action by the board requires a majority vote of the members of the board. An action by the board cannot be made by a simple majority of those members present.

3. Specific Authority

   Design review boards shall review applications and accompanying materials in relation to compliance with the design components and criteria set forth in Sec. 13B.4.3. (Project Compliance (Design Review Board)), any applicable Specific Plan, and adopted design guidelines, and provide their recommendations to the Director.

4. Conflict of interest

   No design review board member shall discuss with anyone the merits of any matter either pending or likely to be pending before the board other than during a duly called meeting of the board or subcommittee of the board. No member shall accept professional employment on a case that has been acted upon by the board in the previous 12 months or is reasonably expected to be acted upon by the board in the next 12 months.

See Div. 13B.8. (Historic Preservation).

1. General

   This Article (Administration) applies to any application for:

   1. An amendment to any part of the Zoning Code (Chapters I. and 1A of the LAMC), including the text or Zoning Map;

   2. Any other activity that is subject to the provisions of this Article (Administration).

   3. Projects shall not be subject to the provisions of this ordinance if a complete application for an entitlement was filed and fees were paid prior to the date on which this ordinance becomes operative. Any such project shall be subject to the administrative regulations in Chapter I. (General Provisions and Zoning) of this Code that were in effect on the date on which the application was filed. Projects for which a complete application for an entitlement has been filed and for which fees were paid prior to this ordinance’s operative date may opt to proceed under the provisions of this ordinance if a required public hearing has not yet been held for the project. Notwithstanding the forgoing, any appeal filed on or after the operative date of this ordinance shall be subject to the appellate procedures established in this ordinance.

2. Procedural Categories

   This Article (Administration) establishes procedures for land development decisions made under this Article (Administration). These include:

   1. Legislative Decisions

      Examples of legislative decisions include Zone Changes, and amendments to the General Plan, a Specific Plan, and other ordinances. These may involve a new policy or rule, or a change in land use regulation and development regulation.

   2. Quasi-Judicial Decisions

      Examples of quasi-judicial decisions include Director Determinations, Conditional Use Permits and variances. These proceedings involve the exercise of discretion by the decision making body, which requires a weighing of evidence, an application of rules, regulations and ordinances to facts and a resolution of specific issues. These may involve a public hearing (unless the hearing is waived).

   3. Ministerial Decisions

      Examples of ministerial decisions include clearances or reviews of projects for compliance with provisions of the Code or any applicable conditions of approval. Because these involve the application of non-discretionary rules to projects, these applications are reviewed by City staff without a public hearing.

1. Overview

   This Article establishes rules for procedures, such as applications, notices, appeals, and public hearings. It then describes the processes for specific land use decisions. The procedures all have a common workflow and description, as follows:

   Table 1 - Procedure Workflows

   Element	Description
   Applicability	The type of development or situation that is subject to the process.
   Initiation	This is how the application process begins, where the application is filed and the department or official who conducts initial processing (such as completeness review).
   Notice	This describes the type of notice, and how it is provided.
   Decision	This states who approves the application and the type of proceeding that leads to the decision.
   Review Criteria	These are any particular standards or findings that determine whether the application is approved. All applications are subject to this Chapter or Chapter I. (General Provisions and Zoning) and the applicable zoning regulations.
   Appeals	This provides a way to review an application that is approved, denied, or that has conditions disputed by the applicant or a party with standing to appeal.
   Scope of Decision	This refers to the activities that the application authorizes. For example, some approvals send the applicant to the next step in the overall process or only require compliance review, while others authorize construction or use.
   Modification	This describes how the decision can be revised, changed, amended, or modified after final approval or conditional approval.
   Note: Flowcharts illustrating the general steps for each procedure are included in this Article. In the case of a conflict between the text of the Article and any illustration or flowchart, the text controls.

   The processes established in this Chapter are summarized below.

   Table 2 - Process Summary

   Entitlement Review	Ministerial	Director	Zoning Administrator	Subdivision Committee	City Engineer	Hearing Officer	Area Planning Commission	City Planning Commission	City Council	Mayor	Design Review Board	HPOZ Board	Cultural Heritage Commission
   Legislative Action
   General Plan Adoption / Amendment		R †						[R] †	[D] †	R/SV †
   Specific Plan Adoption / Amendment		R						[R] †	[D] †	SV †
   Zoning Code Amendment		R						[R] †	D †	SV †
   Zone Change		R					[R]	[R]*	[D] †	SV †
   Guidelines or Standards Adoption / Amendment		R						[D]
   Land for Public Use								R	D
   Quasi-Judicial Review
   Class 1 Conditional Use Permit			<D>				[A]
   Class 2 Conditional Use Permit			[D] †				[A] †
   Class 3 Conditional Use Permit		[R] ‡						[D] †	[A]
   Project Review		<D>					[A]
   Director Determination		D					[A]	[A]
   Ministerial Action
   Administrative Review		D
   Expanded Administrative Review		<D>
   Specific Plan Implementation
   Project Compliance		<D>					[A]
   Project Compliance (Design Review Board)		D					[A]				[R]
   Project Adjustment		<D>					[A]
   Project Exception							[D]		[A]
   Specific Plan Interpretation		<D>					[A]	[A]
   Quasi-Judicial Relief
   Alternative Compliance		D					[A]
   Adjustment		<D>					[A]
   Variance			[D] †				[A] †		[A]
   Modification of Entitlement	↔ ↔ ↔
   Reasonable Accommodation		D							[A]
   Non-Compliance
   Evaluation of Non-Compliance			[D]				[A]	[D]	[A]
   Nuisance Abatement/Revocation			[D]						[A] †
   Division of Land
   Parcel Map Exemption/ Lot Line Adjustment		D					[A]	[A]
   Tentative Tract Map		[D]		R			[A]	[A]
   Final Tract Map					C				D
   Preliminary Parcel Map		[D]		R			[A]	[A]
   Final Parcel Map					C				D
   Private Street Map		<D>		R			[A]	[A]
   Subdivision Appeal							[D]	[D]
   Historic Preservation
   Historic Preservation Overlay Zone Designation								[R]	[D]				C
   Preservation Plan Adoption / Amendment		R				[R] ‡		[D]					[R]
   Review of Conforming Work	D											D
   Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)		D					[A]					[R]
   Certificate of Appropriateness (Demolition, Removal, or Relocation)							D		[A]			[R]
   Certificate of Compatibility for Non-Contributing Elements		D					[A]					[R]
   Coastal Development
   Coastal Development Permit (Pre-Certification)	↔ ↔ ↔
   Coastal Development Permit (Post-Certification)		<D>			<D>		[A]
   Department of Building and Safety
   Appeals from LADBS Determination		<D>					[A]	[A]
   California Environmental Quality Act (CEQA) Provisions
   CEQA Appeal									D
   Redevelopment Plan Procedures
   Redevelopment Plan Project Administrative Review		<D>
   Redevelopment Plan Project Compliance		<D>					[A]
   Modification of Entitlement for a Redevelopment Plan Project	↔ ↔ ↔
   Redevelopment Plan Project Adjustment		<D>					[A]
   Redevelopment Plan Amendment		R						[R] †	D †	SV †

   Key
   C	Certification	‡	Optional or where directed by decision maker
   R	Review & Recommendation	Blank Cell	Not required
   D	Decision or Acceptance	†	Required by City Charter
   SV	Signature / Veto	Italics	Action only under certain conditions (such as project size, type, or transfer from another agency, etc.)
   A	Appeal	↔	Varies with underlying process
   [ ]	Public Hearing	*	If filed by application and CPC recommends disapproval, its decision is appealable to CC.
   < >	Public Hearing optional or waivable

   Note: This table is a general summary. Refer to Div. 13B.1. through Div. 13B.11. for the specific procedure. If there is any conflict between this table and the text in Div. 13B.1. through Div. 13B.12. relating to the procedure, the text in the applicable Division prevails.

2. Time Limits

   1. This Article establishes a number of time limits for action by the City, agencies, the applicant or appellant.

   2. Unless otherwise designated, all time limits prescribed in this Article run from the date that the application is deemed complete by the City.

   3. Unless otherwise stated, time limits may be extended where mutually agreed upon in writing by the applicant and the decision-making official or agency.

1. General Requirements

   1. Applications filed under this Article must include all of the information required by the Department, including any information required by the instructions on an application form and any applicable adopted guidelines. All applications shall be made on forms prepared by and available from the Department.

   2. The Council may establish fees for all applications required in this Article by ordinance. Applications shall include all fees required by Chapter I. (General Provisions and Zoning), Article 9 (Fees) or Article 15. (Fees) of this Zoning Code (Chapter 1A).

   3. Whenever the provisions of this Chapter or Chapter I. (General Provisions and Zoning) provide that applications, requests, or appeals be filed with the City Planning Commission, in the public office of the Department of City Planning, those applications, requests or appeals may be filed in any of the branch offices of the Department when designated for this purpose by the City Planning Commission; that decision to be based upon considerations of need and available facilities.

2. Application Completeness

   1. An application or appeal shall be considered as filed whenever it has been completed in accordance with the applicable rules and regulations, has been submitted to the Department of City Planning together with the required filing fees, and a receipt for the filing fees has been issued.

   2. If at any time during the processing of an application it is discovered that an application has been improperly prepared, or required pertinent information has not been submitted in accordance with the previously established rules and regulations, upon notification to the applicant by the appropriate officer or employee the time limits specified within this Article shall be suspended and not continue to run until the application has been rectified or the omitted information furnished in a proper manner.

   3. The City will not process incomplete applications. Applications are reviewed for completeness in accordance with the Permit Streamlining Act, California Government Code, Chapter 4.5 (Review and Approval of Development Projects) Sec 65940-65945.7.

3. Multiple Entitlement Requests

   In order to facilitate the development process, applications for multiple entitlements for the same project shall be submitted and processed concurrently as provided in Sec. 13A.2.10. (Multiple Approvals).

4. Withdrawal of Application

   1. At any time before the initial decision maker or appellate body on appeal makes a final decision on an application, the applicant may withdraw the application.

   2. The withdrawal of the application must be in writing and does not require the decision maker to concur. The withdrawal of the application shall be permanent and any associated authorization shall be void.

1. Public Hearing Purpose

   A public hearing gives interested parties an opportunity to be heard. The specific procedures for providing testimony and conducting the public hearing are established by the agency that conducts the public hearing.

2. General Procedures for Notice of Public Hearing

   1. Unless otherwise provided by a specific process, the notice established in this Article is as provided in Table 3 (Notice of Public Hearing) below. Where notice is not specified, notice shall be given pursuant to California Government Code Sections 54950 et seq., 65090, and 65091, as applicable.

   2. The time period required for a notice of public hearing is the minimum number of days preceding commencement of the applicable public hearing.

   3. If a Hearing Officer conducts a public hearing on behalf of the Area or City Planning Commission, the notice requirements apply to only the Hearing Officer hearing.

   4. Unless otherwise provided for a specific procedure, notice of a public hearing shall be given in writing to the owner, applicant, interested parties, and appellant, as appropriate.

   5. At the noticed hearing, the agency may continue the hearing to another date if the matter is publicly continued to a date certain, no additional notice of the continued hearing is required.

   6. Whenever the provisions of this Chapter provide that an applicant shall post notice of a public hearing or meeting, the applicant shall file a declaration in the appropriate public office prior to the date of the noticed public hearing or meeting. In this declaration, the applicant shall declare, under penalty of perjury, that notice has been posted in accordance with the applicable provisions of this Chapter.

   7. The Director shall have the authority to adopt guidelines consistent with this Article for the posting of notices if the Director determines that guidelines are necessary and appropriate.

      Table 3 - Notice of Public Hearing

      Type of Notice	Description
      Publication	This requirement is satisfied when the public hearing notice is published in a newspaper of general circulation in the City designated for this purpose by the City Clerk.
      Mail	This requirement is satisfied when the public hearing notice is placed in the mail, directed to the applicant or person receiving notice at their designated address, and bearing the proper postage. Notice is mailed to any person requesting notice of the hearing, unless a specific notification area is designated for the individual process. If a notification distance is prescribed, the distance is measured from the boundaries of the area subject to the application as shown upon the records of the City Engineer or the County Assessor. A mailed notice requirement can be met by mailing the notice to property owner and current resident. Notice by delivery satisfies the requirement for notice by mail.
      Posting	This requirement is satisfied when public hearing notice is posted in a conspicuous place on the property. The Department may prescribe requirements for the size, materials, font, font size, or similar requirements for the notice, and may distribute a standard notice.
      Email	The reviewing agency may (at its option) transmit the public hearing notice via an email to: •The Applicant; and, •Parties who request email notification.
      Online	The City may provide information about the permit or proceeding available on its website.

3. Information included in Notice

   Unless the specific process includes a different requirement, notice shall include the following information: time, place, and purpose of the public hearing.

4. Calculating Required Time Period for Notice

   Required time periods refer to calendar days as provided in Sec. 106 (Definitions) of the City Charter, unless otherwise provided.

5. Additional Notice Beyond Legal Requirements

   The City may provide additional notice not required by this Article at its discretion.

6. Notice Requirements of Each Process

   Table 4 (Summary of Notice Requirements) below summarizes the notice type and requirements for each process described in this Article:

   Table 4 - Summary of Notice Requirements

   Action	Reference	Publication	Mail	Posting
   Legislative Action	Div. 13B.1.
   General Plan Adoption / Amendment	Sec. 13B.1.1.	¢	¢	
   Specific Plan Adoption / Amendment	Sec. 13B.1.2.	¢		
   Zoning Code Amendment	Sec. 13B.1.3.	¢
   Zone Change	Sec. 13B.1.4.	¢		
   Guidelines or Standards Adoption / Amendment	Sec. 13B.1.5.	¢
   Land for Public Use	Sec. 13B.1.6.
   Quasi-Judicial Review	Div. 13B.2.
   Class 1 Conditional Use Permit	Sec. 13B.2.1.		¢	¢
   Class 2 Conditional Use Permit	Sec. 13B.2.2.	¢	¢	¢
   Class 3 Conditional Use Permit	Sec. 13B.2.3.	¢	¢	¢
   Project Review	Sec. 13B.2.4.		¢	¢
   Director Determination	Sec. 13B.2.5.			
   Ministerial Action	Div. 13B.3.
   Administrative Review	Sec. 13B.3.1.
   Expanded Administrative Review	Sec. 13B.3.2.		¢	¢
   Specific Plan Implementation	Div. 13B.4.
   Project Compliance	Sec. 13B.4.2.		
   Project Compliance (Design Review Board)	Sec. 13B.4.3.		¢	¢
   Project Adjustment	Sec. 13B.4.4.		
   Project Exception	Sec. 13B.4.5.	¢	¢	¢
   Specific Plan Interpretation	Sec. 13B.4.6.		
   Quasi-Judicial Relief	Div. 13B.5.
   Alternative Compliance	Sec. 13B.5.1.		
   Adjustment	Sec. 13B.5.2.		¢	¢
   Variance	Sec. 13B.5.3.		¢	¢
   Modification of Entitlement	Sec. 13B.5.4.			
   Reasonable Accommodation	Sec. 13B.5.5.			
   Non-Compliance	Div. 13B.6.
   Evaluation of Non-Compliance	Sec. 13B.6.1.		¢	¢
   Nuisance Abatement/Revocation	Sec. 13B.6.2.		¢	¢
   Division of Land	Div. 13B.7.
   Parcel Map Exemption/ Lot Line Adjustment	Div. 13B.7.2.
   Tentative Tract Map	Div. 13B.7.3.	¢	¢	¢
   Final Tract Map	Div. 13B.7.4.
   Preliminary Parcel Map	Div. 13B.7.5.	¢	¢	¢
   Final Parcel Map	Div. 13B.7.6.
   Private Street Map	Div. 13B.7.7.		¢	¢
   Subdivision Appeal	Div. 13B.7.8.		¢
   Historic Preservation	Div. 13B.8.
   Historic Preservation Overlay Zone Designation	Sec. 13B.8.2.	¢	¢	
   Preservation Plan Adoption / Amendment	Sec. 13B.8.3.		¢
   Review of Conforming Work	Sec. 13B.8.4.
   Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)	Sec. 13B.8.5.		¢	¢
   Certificate of Appropriateness (Demolition, Removal, or Relocation)	Sec. 13B.8.6.		¢	¢
   Certificate of Compatibility for Non-Contributing Elements	Sec. 13B.8.7.		¢	¢
   Coastal Development	Div. 13B.9.
   Coastal Development Permit (Pre-Certification)	Div. 13B.9.1.		¢	
   Coastal Development Permit (Post-Certification)	Div. 13B.9.2.		¢	
   Department of Building and Safety	Div. 13B.10.
   Appeals from LADBS Determination	Div. 13B.10.2.		¢
   California Environmental Quality Act (CEQA) Provisions	Div. 13B.11.
   CEQA Appeal	Div. 13B.11.1.		¢
   Redevelopment Plan Procedures	Div. 13B.12.
   Redevelopment Plan Project Administrative Review	Sec. 13B.12.2.
   Redevelopment Plan Project Compliance	Sec. 13B.12.3.		
   Modification of Entitlement for a Redevelopment Plan Project	Sec. 13B.12.4.			
   Redevelopment Plan Project Adjustment	Sec. 13B.12.5.		
   Redevelopment Plan Amendment	Sec. 13B.12.6.	¢

   Key
   ¢	=	initial decision
   	=	site specific only (not City-initiated)
   	=	appeal only
   	=	varies with underlying application

1. Decision Time Period

   1. Decisions must be made within the time period specified in this Article, or as otherwise required by law. Unless otherwise provided in the regulations governing the particular application, this time limit may be extended by mutual consent of the decision maker and the applicant. The extension of time to act also applies to applications or initiations under the multiple approval provisions in Sec. 13A.2.10. (Multiple Approvals).

   2. Where extensions on the City Council’s time to act on a matter may be granted by mutual consent of an application and the City Council, the Council President or the Council President’s councilmember designee may consent to a time extension on behalf of the City Council.

2. Criteria or Findings for Decision

   1. Each decision is subject to all applicable standards of this Code, including the applicable zone.

   2. Each process described in Part 13B. (Processes & Procedures) of this Article includes standards and/or findings for approval. In approving an application, the decision maker must find that the project substantially conforms to the standards and/or findings for approval.

   3. For a Quasi-judicial action, the decision maker shall adopt written findings of fact supporting the decision based upon evidence in the record. This evidence may include, but is not limited to, written or oral statements and documents presented to the agency, such as photographs, maps, and plans, and any results of the decision maker’s investigations.

3. Decision and Conditions

   1. Unless otherwise provided, an application may be approved or disapproved in whole or in part.

   2. Unless otherwise provided, the decision maker may impose conditions that it determines are needed to ensure substantial compliance with the applicable standards or findings for approval.

4. Transmittal

   1. The decision maker transmits a letter of determination that notifies the applicant, owner, and interested parties, as applicable, of the decision. The notification will indicate whether the application is approved, approved with conditions, or denied.

   2. The date of transmittal is the date the decision is mailed (as shown by the date stamp), unless otherwise provided.

5. Effective Date

   1. Initial Decision or Commission Decisions That Are Appealable to City Council

      The decision is final and effective upon the close of the appeal period if no appeal is filed.

   2. Appellate Decision or Commission Decisions That Are Not Appealable to City Council

      The decision is final and effective as provided in Charter Section 245.

   3. Legislative Actions

      A legislative action is final pursuant to Charter Section 252.

1. Applicability

   When specifically authorized by this Article, the applicant may request a transfer of jurisdiction.

2. Failure to Act

   1. If the initial decision maker fails to act on an application within 75 days from the date a filed application has been deemed complete, or within a mutually agreed upon extension of time, the applicant may file a request for a transfer of jurisdiction to the designated appellate body for decision. The designated appellate body is the body to whom the matter would normally be appealable, pursuant to Div. 13B.2. (Quasi-Judicial Review). The Director shall prescribe the form and manner of filing requests for transfers of jurisdiction.

   2. When the designated appellate body receives the applicant’s request for a transfer of jurisdiction, the initial decision maker shall lose jurisdiction. However, the body to whom the matter is transferred may remand the matter to the initial decision maker who shall regain jurisdiction for the time and purpose specified in the remand action. In addition, upon receipt of a written request by the applicant for withdrawal of the transfer of jurisdiction prior to the matter being heard by the appellate body, the matter shall be remanded to the initial decision maker.

   3. If the matter is not remanded, the decision maker to whom the matter has been transferred shall consider the application following the same procedures and subject to the same limitations as are applicable to the initial decision maker, except that the body to which the matter has been transferred shall act within 45 days of the transfer of jurisdiction once the request is properly filed with the Department of City Planning. The Department of City Planning, including the office of Zoning Administration, shall make investigations and furnish any reports requested by the body to which the matter has been transferred.

1. Discretionary Project Approvals Time Limits

   1. Unless otherwise provided in this Chapter, Chapter I. (General Provisions and Zoning), or in a project's conditions of approval, any approval by the Zoning Administrator, Director, an Area Planning Commission, or the City Planning Commission as initial decision makers that is not effectuated within three years of its effective date becomes null and void.

   2. When approvals are granted as part of a project requiring multiple approvals pursuant to Sec. 13A.2.10. (Multiple Approvals) the following time limits apply unless a different time period is provided in a signed and effectuated development agreement:

      Approvals	Granted in Conjunction With	Expiration
      Quasi-judicial Approvals	Legislative Approvals	Expires with the Legislative Approval, not to exceed six years unless the initial decision maker extends the time period (see Subsection C.1. of this Section).
      Quasi-judicial Approvals	Subdivision Approval	Expires with the Subdivision Approval pursuant to Div. 13B.7 (Division of Land) of this Article. If the expiration date on a Subdivision Approval is extended pursuant to Div. 13B.7 (Division of Land) or by amendment to the Subdivision Map Act, the Quasi-judicial Approval is automatically extended for the same time period.
      Legislative Approvals	Subdivision Approval	Extended for the full time limit of the Subdivision Approval, including time extensions pursuant to Div. 13B.7 (Division of Land), as needed to record an approved map.

2. Effectuation of Approvals

   A discretionary project approval is considered effectuated by the Department of City Planning when the conditions of approval of the grant are satisfied. This must be done before the privileges of the grant may be utilized. Effectuation is accomplished upon procedural steps being followed and completed by the applicant to demonstrate compliance with all conditions of approval. The Department of City Planning shall verify such compliance and assess appropriate fees. Effectuation is achieved when fees are paid, plans are verified and stamped as approved, and authorization is obtained to utilize grant. Authorization is typically demonstrated by a clearance on a building permit. However, if a project site includes a use that is existing, and there is no physical work and/or change of use involved and the description of work in any previously issued permits do not specifically exclude or prohibit the entitled operation, then a permit from Department of Building and Safety may not be necessary. Thus, a project not requiring permits for construction or alteration from the Department of Building and Safety achieves effectuation when the Department of City Planning verifies compliance with all conditions of the grant, including payment of all fees, and stamping of plans.

3. Utilizing the Grant

   1. A discretionary project approval is considered utilized after it has been effectuated by the Department of City Planning and a building permit has been issued by the Department of Building and Safety. Utilization of a grant must occur no later than three years from the last date an action can be effectuated. An approval not requiring building permits from the Department of Building and Safety is considered utilized when compliance with all conditions of approval have been demonstrated, appropriate fees paid, plans stamped and authorization has been obtained from the Department of City Planning.

   2. Exceptions

      1. Religious and Institutional Uses

         Where a lot or lots have been approved for use as a governmental enterprise, religious use, hospital, educational institution or private school, including elementary and high schools, no time limit to utilize the privileges shall apply provided that all of the following conditions are met:

         1. The property involved is acquired or legal proceedings for its acquisition are commenced within one year of the effective date of the decision approving the conditional use.

         2. A sign is immediately placed on the property indicating its ownership and the purpose to which it is to be developed, as soon as legally possible after the effective date of the decision approving the conditional use. This sign shall have a surface area of at least 20 square feet.

         3. The sign is maintained on the property and in good condition until the conditional use privileges are utilized.

      2. Affordable Housing Projects

         A six-year time limit to utilize the privileges shall apply where a lot or lots have been approved for a one hundred percent affordable housing project, as defined in Div. 14.3. (Glossary).

4. Abandonment of Approval

   1. Unless otherwise stated in a specific process in this Code, for a Quasi-judicial approval, the owner (and applicant if different) shall file the appropriate form with the Department requesting the abandonment of their approval. If it is determined by the Department that the abandonment is in conformity with public necessity, convenience, general welfare, and good zoning practice, the request to abandon an approval shall be approved. A written response shall be issued by the Department.

   2. Unless otherwise stated in a specific process in this Code, for a legislative approval, any change shall be processed pursuant to the same legislative process that was used for the original approval.

5. Planning and Zoning Matters in Litigation

   The time limits set forth in Subsection A. (Discretionary Project Approvals Time Limits) and Subsection B. (Effectuation of Approvals) of this Section shall not include any time period during which the approval or the environmental clearance for the approval is challenged in court. Notwithstanding any contrary language in the Zoning Code, this Chapter and Chapter I. (General Provisions and Zoning) of this Code, the time limits in Subsection A. (Discretionary Project Approvals Time Limits) and Subsection B. (Effectuation of Approvals) of this Section shall be tolled until litigation is concluded.

6. California Coastal Commission Approvals

   The time limits set forth in Subsection A. (Discretionary Project Approvals Time Limits), Subsection B. (Effectuation of Approvals), and Subsection C. (Utilizing the Grant) of this Section shall not include any time period during which the subdivider or applicant is awaiting a California Coastal Commission decision on a Coastal Development Permit appeal or application, including the California Coastal Commission’s final action on an appeal of a Coastal Development Permit issued by the Department of City Planning. The subdivider or applicant shall submit a written request for a suspension of time and a copy of the submitted California Coastal Commission application for such approval to the Department of City Planning within 10 days of filing the application with the California Coastal Commission. Suspensions of time shall be automatically granted until the California Coastal Commission has rendered a final decision on the application, including any appeal period. The subdivider or applicant shall submit a copy of the California Coastal Commission’s final action to the Department of City Planning within 10 days of the final decision. In cases where the California Coastal Commission’s final action on an appeal of a Coastal Development Permit issued by the Department of City Planning is a finding of “no substantial issue”, the initial decision stands.

7. Violation of Conditions – Penalty

   A Quasi-judicial action or any conditional approval granted by the Director, pursuant to the authority of this Chapter or Chapter I. (General Provisions and Zoning) of this Code shall become effective upon utilization of any portion of the privilege, and the owner and applicant shall immediately comply with its conditions. The violation of any condition imposed by the Director, Zoning Administrator, Area Planning Commission, City Planning Commission, or City Council in connection with the granting of any action taken pursuant to the authority of this Chapter or Chapter I. (General Provisions and Zoning), shall constitute a violation of this Chapter or Chapter I. (General Provisions and Zoning) and shall be subject to the same penalties as any other violation of this Code.

1. Filing of Appeals

   1. Appeals shall be in writing and filed on forms maintained by the Department.

   2. An appeal shall specifically state the points at issue and the reasons why the decision should be overturned.

   3. An appeal not properly or timely filed shall not be accepted, and will not be considered by the appellate body.

2. Time Limits for Appeal

   1. Unless otherwise required by a specific process, appeals must be filed within 15 days after the date on the letter of determination to the applicant.

   2. Despite any provisions of this Chapter, whenever the final day for filing an appeal from any action, decision or determination of the Director, Zoning Administrator, Area Planning Commission, or City Planning Commission falls on a Saturday, Sunday or legal holiday, the time for filing an appeal shall be extended to the close of business on the next succeeding working day, and the effective or final date of any action, decision, or determination shall be extended to the close of that appeal period.

   3. If in any individual case involving a 15-day appeal period, that appeal period fails to include at least 10 working days, then the appeal period shall be extended as many days as the Director, Zoning Administrator, Area Planning Commission, City Planning Commission or City Council determines are necessary to include 10 working days.

3. Appeal Procedures

   1. An appeal stays the processing of the application and entitlement, and any development of the project at issue until the appellate body makes a decision.

   2. After an appeal is filed, the initial decision maker shall transmit the appeal and the file to the appellate body, together with any report if one was prepared by staff responding to the points raised made in the appeal. The Department of City Planning shall make investigations and furnish any reports requested by the body to which the matter is transferred.

   3. When the appellate body receives the appeal, the initial decision maker loses jurisdiction.

   4. Upon the date set for the hearing, the appellate body shall either hear the appeal, or continue the matter by mutual agreement with the applicant to another date. No additional notice of continuance need be given if the continuance to a date certain is announced at the time of the original hearing. If no date for the continued hearing is provided publicly at the original hearing, then notice of the continued hearing shall be provided in the same manner as the original notice for the appellate hearing.

   5. The appellate body shall conduct a public hearing. After the public hearing, the appellate body shall render a decision:

      1. Affirming the initial decision in whole or in part; or

      2. Reversing the initial decision in whole or in part, after which it may render its own decision or remand the decision to the initial decision maker for further proceedings.

   6. The appellate body may impose conditions that it determines are needed to ensure substantial compliance with the standards or findings for approval.

4. Withdrawal of Appeals

   1. Procedures

      Appellant(s) may withdraw an appeal of an initial determination if the withdrawal is filed with the Department at least 15 days prior to the public hearing by the appellate body on the appeal.

   2. Requirements

      1. Filing

         Withdrawal of an appeal shall be in writing and does not require the decision maker to concur. The withdrawal shall be filed with the Department.

      2. Withdrawal Before Close of Appeal Period

         1. If the withdrawal of the appeal is received by the Department after the close of the original appeal period, the Department shall notify the same persons who received notice of the decision that was appealed, that an appeal had been filed and was now withdrawn. The notice shall state that the appeal period is being reopened.

         2. The reopened appeal period shall run for 10 days from the date the notice of withdrawal of the appeal is mailed.

         3. If more than one appeal was filed, the appeal period is only reopened if the withdrawal of the appeal would result in no other appeal going forward.

         4. The appeal period shall only be reopened once.

      3. Withdrawal Before Public Notice

         If the withdrawal is received by the Department before any required public hearing notice is mailed, then the time for the appellate body to act is extended for 10 days.

      4. Withdrawal After Public Notice

         If the withdrawal is received by the Department after the public hearing notice is mailed, then any appeal filed during the reopened appeal period shall be heard on the same date and time as set forth in the previously mailed public hearing notice. No further notice of the appeal hearing is required.

      5. Withdrawal Resulting in No Appeal

         If the withdrawal of the appeal, and the subsequent reopening of the appeal period, results in no appeal going forward:

         1. The withdrawal of the appeal is permanent; and

         2. The decision from which the appeal was taken automatically becomes final at the end of the appeal period or reopened appeal period.

      6. Appeals challenging Variance decisions cannot be withdrawn.

5. Standards for Review and Required Findings

   1. Standard of Review

      Unless otherwise required by a specific process, the appellate body shall hear the matter de novo, considering the whole of the project with no deference given to the decision of the initial decision maker. The appellate body shall make its decision based on the record before the initial decision maker and any other evidence or testimony presented at or before the appellate body’s hearing.

   2. Findings for Appeals

      Unless otherwise required by this Chapter or Chapter I. (General Provisions and Zoning), in making a decision to grant a project approval, the appellate body shall make the same findings as required to be made by the initial decision maker, supported by substantial evidence.

6. Lack of Timely Decision on Appeal

   1. Unless otherwise required by a specific process, the appellate body shall act within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the appellate body.

   2. Failure of the appellate body to render a timely decision shall result in the denial of the appeal.

1. Void Permits

   Notwithstanding any other provisions of this Code or any other ordinance of the City, no permit or license shall be issued in violation of any provisions of this Code or any other ordinance of the City. Any permit or license issued in violation of any provision of this Code or any other ordinance of the City is void. Any permit or license that purports to authorize any act prohibited by any other provision of this Code or any other ordinance of the City is void.

2. Building Permits for a Zone Change

   Upon publication of a Zone Change, height district, or building line ordinance, the Department of Building and Safety may issue a permit for a building or structure which will comply with all of the requirements of the new zone, height district, or building line. No such permit shall be issued unless the applicant has first executed and filed with the Superintendent of Building a notarized agreement assuming all risk and agreeing to remove all buildings or structures authorized by the permit if the Zone Change, height district, or building line ordinance becomes effective.

1. Applicability

   1. General

      This Section applies to applications for projects that require multiple Legislative and/or Quasi-judicial Approvals.

   2. Terms

      The following terms apply to this Article. Table 5 (Classification of Actions for Multiple Approvals) below classifies actions for the purposes of qualification for the multiple approvals process:

      1. Legislative Approval

         Any action that formulates a rule of general applicability that applies to all future cases. These typically require an action by the City Council, such as those as set forth in Div. 13B.1 (Legislative Action) of this Article.

      2. Quasi-Judicial Approval

         These actions apply rules to specific facts and are subject to procedural due process principles. These include the processes described in Div. 13B.2. (Quasi-Judicial Review), 13B.4. (Specific Plan Implementation), and 13B.5. (Quasi-Judicial Relief) of this Article.

      3. Subdivision Approval

         Any approval under the Division of Land regulations set forth in Div. 13B.7. (Division of Land) of this Article.

      4. Ministerial Action

         Any action involving only the nondiscretionary application of objective standards, including the processes described in Div. 13B.3 (Ministerial Action) of this Article. Ministerial actions are not subject to the multiple approvals processes established below.

         Table 5 - Classification of Actions for Multiple Approvals

         Action	Reference	Legislative	Quasi-judicial	Subdivision	Ministerial
         Legislative Action	Div. 13B.1.
         General Plan Adoption / Amendment	Sec. 13B.1.1.	¢
         Specific Plan Adoption / Amendment	Sec. 13B.1.2.	¢
         Zoning Code Amendment	Sec. 13B.1.3.	¢
         Zone Change	Sec. 13B.1.4.	¢
         Guidelines or Standards Adoption/Amendment	Sec. 13B.1.5.	¢
         Land for Public Use	Sec. 13B.1.6.	¢
         Quasi-Judicial Review	Div. 13B.2.
         Class 1 Conditional Use Permit	Sec. 13B.2.1.		¢
         Class 2 Conditional Use Permit	Sec. 13B.2.2.		¢
         Class 3 Conditional Use Permit	Sec. 13B.2.3.		¢
         Project Review	Sec. 13B.2.4.		¢
         Director Determination	Sec. 13B.2.5.		¢
         Ministerial Action	Div. 13B.3.
         Administrative Review	Sec. 13B.3.1.				
         Expanded Administrative Review	Sec. 13B.3.2.				
         Specific Plan Implementation	Div. 13B.4.
         Project Compliance	Sec. 13B.4.2.		¢
         Project Compliance (Design Review Board)	Sec. 13B.4.3.		¢
         Project Adjustment	Sec. 13B.4.4.		¢
         Project Exception	Sec. 13B.4.5.		¢
         Specific Plan Interpretation	Sec. 13B.4.6.		
         Quasi-Judicial Relief	Div. 13B.5.
         Alternative Compliance	Sec. 13B.5.1.		¢
         Adjustment	Sec. 13B.5.2.		¢
         Variance	Sec. 13B.5.3.		¢
         Modification of Entitlement	Sec. 13B.5.4.		¢
         Reasonable Accommodation	Sec. 13B.5.5.		
         Non-Compliance	Div. 13B.6.
         Evaluation of Non-Compliance	Sec. 13B.6.1.		
         Nuisance Abatement/Revocation	Sec. 13B.6.2.		
         Division of Land	Div. 13B.7.
         Parcel Map Exemption/ Lot Line Adjustment	Sec. 13B.7.2.			
         Tentative Tract Map	Sec. 13B.7.3.			¢
         Final Tract Map	Sec. 13B.7.4.			
         Preliminary Parcel Map	Sec. 13B.7.5.			¢
         Final Parcel Map	Sec. 13B.7.6.			
         Private Street Map	Sec. 13B.7.7.			¢
         Subdivision Appeal	Sec. 13B.7.8.			
         Historic Preservation	Div. 13B.8.
         Historic Preservation Overlay Zone Designation	Sec. 13B.8.2.	
         Preservation Plan Adoption / Amendment	Sec. 13B.8.3.	¢
         Review of Conforming Work	Sec. 13B.8.4.				
         Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)	Sec. 13B.8.5.		¢
         Certificate of Appropriateness (Demolition, Removal, or Relocation)	Sec. 13B.8.6.		¢
         Certificate of Compatibility for Non-Contributing Elements	Sec. 13B.8.7.		¢
         Coastal Development	Div. 13B.9.
         Coastal Development Permit (Pre-Certification)	Sec. 13B.9.1.		¢
         Coastal Development Permit (Post-Certification)	Sec. 13B.9.2.		¢
         Department of Building and Safety	Div. 13B.10.
         Appeals from LADBS Determination	Sec. 13B.10.2.		
         Annual inspection Monitoring (Recycling)	Sec. 13B.10.3.		
         Annual inspection Monitoring (Automotive)	Sec. 13B.10.4.		
         California Environmental Quality Act (CEQA) Provisions	Div. 13B.11.
         CEQA Appeal	Sec. 13B.11.1.		
         Redevelopment Plan Procedures	Div. 13B.12.
         Redevelopment Plan Project Administrative Review	Sec. 13B.12.2.				
         Redevelopment Plan Project Compliance	Sec. 13B.12.3.		¢
         Modification of Entitlement for a Redevelopment Plan Project	Sec. 13B.12.4.		¢
         Redevelopment Plan Project Adjustment	Sec. 13B.12.5.		¢
         Redevelopment Plan Amendment	Sec. 13B.12.6.	¢

         Key
         ¢	=	qualifies for multiple approval
         	=	varies with underlying application

2. Initiation

   1. Applicants shall file applications at the same time for all approvals reasonably related and necessary to complete the project.

   2. The procedures and time limits set forth in this Section only apply to multiple applications filed concurrently. Prior to a public hearing, the Director may require an applicant to amend an application for a project requiring multiple approvals to ensure that all relevant approvals are reviewed concurrently.

3. Decision Makers and Procedures

   Despite any provision of this Code to the contrary, the following procedures apply to projects requiring multiple approvals.

   1. Legislative Decisions

      1. The City Planning Commission or Area Planning Commission has initial authority to submit a recommendation, and the City Council has final decision-making authority for approvals of legislative decisions.

      2. Procedures

         1. To the extent permitted by California law and the City Charter, the procedures for consideration of all decision are those set forth in:

            1. Sec. 13B.1.1. (General Plan Adoption/Amendment) if a General Plan Amendment is involved;

            2. Sec. 13B.1.2. (Specific Plan Adoption/Amendment) if a Specific Plan Amendment, but no General Plan Amendment, is involved; or

            3. Sec. 13B.1.4. (Zone Change) if a Zone Change is combined with a Zoning Code Amendment.

         2. If a development agreement is combined with a General Plan Amendment, Specific Plan, Zoning Code Amendment, or Zone Change, the City Planning Commission shall submit a Planning Commission recommendation, and all required notices and hearings required by this Chapter and the California Government Code shall be combined to the extent permitted by law.

   2. City Planning Commission

      1. The City Planning Commission has initial decision-making authority for all approvals and/or recommendations if a project requires:

         1. A separate approval or recommendation by an Area Planning Commission, the Zoning Administrator, and/or the Director, as the initial decision maker; and

         2. An approval or recommendation by the City Planning Commission as the initial decision maker.

      2. Procedures

         1. If all of the applications are for quasi-judicial approvals, the procedures for consideration and appeal of all the applications are those set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of this Code.

         2. If any Legislative Approval is included, the procedures for consideration and appeal of all the applications are those set forth in Sec. 13B.1.4. (Zone Change) of this Code.

         3. If there is a request for a Modification of Entitlement, the Director may act on behalf of the City Planning Commission unless the City Planning Commission is specified to be the decision maker for any such modifications.

      3. Appellate Body

         The City Council shall decide all appeals of the City Planning Commission’s decisions or recommendations under this Subdivision.

   3. Area Planning Commission

      If a project requires an approval separately decided by the Zoning Administrator and/or the Director as the initial decision maker, and also requires any approval or recommendation by an Area Planning Commission as the initial decision maker, then the Area Planning Commission where the project is located has initial decision-making authority for all of the approvals and recommendations.

      1. Procedures

         1. If all of the applications are for Quasi-judicial Approvals, the procedures for consideration and appeal of all the applications are those set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of this Code.

         2. If a Legislative Approval is included, then the procedures for consideration and appeal of all the approvals shall be those set forth in Sec. 13B.1.4. (Zone Change) of this Code.

      2. Appellate Body

         The City Council shall decide all appeals of the Area Planning Commission’s decisions or recommendations under this Subdivision.

   4. Zoning Administrator

      If a project requires approvals separately decided by the Zoning Administrator and the Director, as the initial decision maker, the Zoning Administrator has decision-making authority for all of the approvals (except as provided in Paragraph (b) below).

      1. Procedures

         The procedures for consideration and appeal of all related applications for Quasi-judicial Approvals of the Zoning Administrator as initial decision maker are those set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of this Code.

      2. Appellate Body

         The Area Planning Commission where the project is located decides all appeals of decisions of the Zoning Administrator as initial decision maker on projects requiring multiple approvals. However, if this Article requires any of the approvals to be heard by the City Planning Commission on appeal, the City Planning Commission decides all appeals of decisions of the Zoning Administrator.

   5. Director of Planning

      If a project requires multiple approvals decided by the Director as the initial decision maker, the following procedures apply:

      1. Procedures

         The procedures for consideration and appeal of all related applications for Quasi-judicial Approvals of the Director as initial decision maker are those set forth in Sec. 13B.2.4. (Project Review) of this Code.

      2. Appellate Body

         The Area Planning Commission where the project is located shall decide all appeals of decisions of the Director as initial decision maker on projects requiring multiple approvals. However, if this Article requires any of the approvals to be heard by the City Planning Commission on appeal, the City Planning Commission shall decide all appeals of decisions of the Director as initial decision maker.

      3. Ministerial Action

         An application for a Ministerial Action may only be reviewed after the final decision on a Director Determination is rendered, including all appeals.

   6. Advisory Agency

      1. Procedures

         If a project requiring multiple approvals also requires a Subdivision Approval by the Advisory Agency, that Subdivision Approval shall be decided and governed by the rules set forth in Div. 13B.7. (Division of Land) of this Code.

      2. Appeals

         1. When a Subdivision Approval is appealed, it shall follow the procedures set forth in Div. 13B.7. (Division of Land), except when other approvals are also appealed.

         2. Hearings for and consideration of appeals of Subdivision Approvals by the Advisory Agency shall be scheduled for the same time as any hearing and decision by the Area Planning Commission or City Planning Commission, whichever has jurisdiction over the other approvals. In the event that the Appeal Board as determined by Div. 13B.8. (Division of Land) is the City Planning Commission, the hearing for and consideration of the appeals shall be heard by the City Planning Commission.

      3. Any time limit within which the Area Planning Commission or City Planning Commission must act on the applications are automatically extended as necessary to allow the Area Planning Commission or City Planning Commission to hear and decide appeals of Subdivision Approvals at the same time as it serves as the initial decision maker for the other approvals.

4. Findings

   When acting on multiple applications for a project, the initial decision maker or appellate body shall separately make all required findings for each application. When appropriate, the initial decision maker or appellate body may make findings by reference to findings made for another application involving the same project.

5. No New Appeal Rights

   This Section does not create any additional appeal or level of appeal in connection with any land use approval. This Section also does not limit or expand who may file an appeal as identified in each discretionary land use application process.