To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY
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DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE APPEAL REQUIREMENTS FROM PLANNING COMMISSION OR HARBOR COMMISSION TO COUNCIL
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EXECUTIVE SUMMARY
At the April 20th meeting, on a motion made by Councilmember Nehrenheim, the City Council directed staff to bring back the CEQA Ordinance 10-3.901 regarding appeal requirements and procedures. Further direction was given that no staff report was needed it was just for discussion.
10-3.901 CEQA appeal requirements and procedures.
(a) "CEQA appeal" shall mean an appeal to the City Council from a non-elected decision-making body's or a non-elected decision-maker's decision approving, certifying, denying approval, or denying certification of an environmental impact report ("EIR"), a negative declaration ("ND") or mitigated negative declaration ("MND"), a determination that a project is exempt from CEQA pursuant to a statutory or categorical exemption, a subsequent or supplemental EIR, ND, or MND, addenda to a previously prepared CEQA document, master EIRs, focused EIRs, joint CEQA and NEPA documents, CEQA findings, CEQA statements of overriding considerations, or CEQA mitigation monitoring and reporting programs (collectively referenced as "CEQA documents" in this section). Each and every party wishing to challenge the approval of a CEQA document must file a separate CEQA appeal in compliance with this section. The appellants identified in subsections (a)(1) through (a)(3) of this section may file a CEQA appeal:
(1) Any person may appeal to the City Council the decision of either a non-elected decision-making body or a non-elected decision-maker approving or certifying ("approving" or "approval") a CEQA document; provided, however, that the person must have objected to the approval or certification of the project's CEQA document orally or in writing during either the public comment period provided with respect to the proje...
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