§ 21.21.507. Appeals from Harbor Department environmental determinations.

A.

Appellants. Any person who appeared before the Board of Harbor Commissioners (the "Board") and objected to the Board's: (1) certification of an environmental impact report, (2) approval of a negative declaration or mitigated negative declaration, or (3) determination that a project is not subject to the California Environmental Quality Act ("CEQA") (collectively "environmental determinations"), may appeal that environmental determination to the City Council.

B.

Time to File an Appeal. An appeal of an environmental determination by the Board ("appeal") must be filed within ten (10) business days after the environmental determination.

C.

Filing Fee. No filing fee will be charged for an appeal.

D.

Place to File. An appeal must be filed with the City Clerk.

E.

Contents of Appeal. There is no required form for an appeal, but all appeals shall be in writing and shall contain the following information:

1.

The name, address and telephone number of the person filing the appeal (the "appellant").

2.

All grounds for the appeal, specifying in detail why the appellant contends that the environmental determination does not comply with CEQA.

3.

Evidence that each ground for the appeal was submitted to the Board by the appellant or another person before the environmental determination.

4.

All documentation the appellant relies on in support of the appeal.

F.

Effect of an Appeal. The filing of an appeal will stay the effect of: (1) the environmental determination; (2) any project approval made pursuant to the environmental determination; and (3) any notice of determination; until the City Council renders a decision on the appeal.

G.

Hearing on the Appeal. The City Clerk shall set a hearing on the appeal on the agenda of the City Council not more than sixty (60) days from the date the appeal is filed with the City Clerk.

H.

Notice of Hearing. The City Clerk shall provide notice of the hearing to the appellant and to the board not less than ten (10) business days before the hearing.

I.

Conduct of the Hearing. The appellant shall have an opportunity to present its grounds for contending that the environmental determination does not comply with CEQA and the harbor department shall have an equal opportunity for rebuttal. Any other interested persons shall be limited to three (3) minutes each to state their views on the appeal.

J.

City Council Decision. Following the hearing, the City Council may either: (1) deny the appeal and affirm the environmental determination; or (2) grant the appeal, set aside the environmental determination and remand to the Board.

(ORD-06-0020 § 1, 2006)