23.402.020 Review and Decision-Making Authority

23.402.020 Review and Decision-Making Authority.

A. Summary Table. Table 23.402-1 summarizes the review and decision-making authority when processing permit applications and other requested approvals.

B. Meaning of Notations. Authority roles as noted in Table 23.402-1 mean the following:

1. "Evaluate" means the Department presents to the review authority an evaluation of the application as provided in Section 23.404.030.D (Project Evaluation and Staff Report).

2. "Recommend" means the authority reviews and makes a recommendation to a higher decision-making body.

3. "Decision" means the authority has the power to approve, conditionally approve, or deny an application.

4. "Appeal" means the authority has the power to hear an appeal of a decision by a lower review authority.

5. "–" means the authority role has no role in the application.

Table 23.402-1. REVIEW AND DECISION-MAKING AUTHORITY
Type of Action	Zoning Ordinance Location	Role of Authority
Type of Action	Zoning Ordinance Location	Planning and Development Department	Zoning Officer	Design Review Committee	Landmarks Preservation Commission	Zoning Adjustments Board	Planning Commission	City Council
Legislative Actions
Zoning Ordinance Amendments	23.412	Evaluate	–	–	–	–	Recommend	Decision
Permits
Administrative Use Permits	23.406.030	–	Decision	–	-	Appeal	–	Appeal
Use Permits	23.406.040	Evaluate	–	–	-	Decision	–	Appeal
Master Use Permits	23.406.060	Evaluate	–	–	-	Decision	–	Appeal
Permit Modification	23.404.070	Evaluate	Decision [3]	-	-	Decision [3]	-	Decision [3]
Permit Revocation	23.404.080	Evaluate	-	-	-	Recommend [4]	-	Decision
Design Review
Design Review	23.406.070	Evaluate	–	See Note [1]		Appeal	–	Appeal
Staff-Level Design Review	23.406.070	–	Decision	Appeal	-	Appeal	–	Appeal
Flexibility and Relief
Variances	23.406.050	Evaluate	-	–	-	Decision	–	Appeal
Modifications to Development Standards in West Berkeley Plan Area	23.406.080	Evaluate	–	–	-	Decision	–	Appeal
Reasonable Accommodations	23.406.090	–	–	-	See Note [2]		–	Appeal
Public Nuisances
Nuisance Abatement	23.414.060	Evaluate	-	-	-	Recommend [4]	-	Decision
Ministerial Actions
Zoning Certificates	23.406.020	–	Decision	–	–	–	-	–

[1]Landmarks Preservation Commission conducts Design Review for projects that involve landmarks, structures of merit or buildings within a historic district. Design Review Committee conducts design review for all other projects that are subject to design review.

[2]Either the Zoning Officer or Zoning Adjustments Board takes action on reasonable accommodation applications as described in Section 23.406.090.C.

[3]A permit shall be modified by the review authority which originally approved the permit.

[4]A ZAB recommendation to deny or modify a permit, or to abate a nuisance, shall be deemed a final decision if the permit holder, or property owner in the case of a public nuisance, consents to the recommendation within 10 days after the recommendation is made. In such a case, there shall be no City Council review and action on the matter.

C. Multiple Permit Applications. For projects that include multiple permits, see 23.404.020.F--Application Submittal (Multiple Permit Applications). (Ord. 7787-NS § 2 (Exh. A), 2021)