Sec. 99.  Board of Zoning Appeals.

(1)  There is hereby created as a quasi-judicial body a Board of Zoning Appeals consisting of five members who shall be appointed by the Mayor subject to confirmation of the Council. The terms of the members of said Board shall be five years. One such term shall expire on June 30 of each year. In case of any vacancy, other than one resulting from the expiration of a term, a successor shall be appointed for the period of the unexpired term. The members of the Board of Zoning Adjustment in office on the effective date of this amendment shall continue in office as members of the Board of Zoning Appeals for their then unexpired terms. Any provision of this Charter applicable to the Board of Zoning Adjustment after the effective date of this amendment shall apply to the Board of Zoning Appeals.

Three members shall constitute a quorum of the Board of Zoning Appeals, and the concurring vote of at least three members shall be necessary in the determination of any matter.

The members of the Board of Zoning Appeals shall receive such compensation as the Council may from time to time fix and determine by ordinance, and they shall be exempt from the civil service provisions of this Charter.

(2)  The Board of Zoning Appeals shall have and exercise only the following powers:

(a)  To hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision, interpretation or other determination made by a Zoning Administrator.

(b)  To hear and make determinations on any matter normally under the jurisdiction of a Zoning Administrator when such matter has been transferred to the jurisdiction of the Board pursuant to a request for transfer because a Zoning Administrator has failed to act within the time limits prescribed by ordinance.

(c)  To hear and determine such other appeals as may be delegated to it by ordinance.

(3)  Appeals from an action by a Zoning Administrator may be taken to the Board of Zoning Appeals by an applicant, any person aggrieved, or by any officer, board, department or bureau of the City. Such appeal shall set forth in writing wherein the appellant believes there was error or abuse of discretion on the part of the Zoning Administrator.

(NOTE:  Charter Section 99 1/2 repealed; see Charter Section 99 (1). Provisions re Board of Zoning Adjustment apply to Board of Zoning Appeals.)

The Board of Zoning Appeals, when considering an appeal from an action by a Zoning Administrator, shall base its determination only upon (a) evidence introduced at the hearing or hearings, if any, before the Zoning Administrator, on the issue, (b) the record, findings and determination of the Zoning Administrator, and (c) the consideration of arguments, if any presented to the Board orally or in writing. If an applicant or aggrieved person wishes to offer into the proceedings any new evidence in connection with the matter, a written summary of such evidence together with a statement as to why such evidence could not reasonably have been presented to the Zoning Administrator shall be filed with the Board. If the Board determines that such evidence could not reasonably have been presented to the Zoning Administrator and is of such a nature as might reasonably have led to a different determination by the Zoning Administrator, the Board shall remand the matter to the Zoning Administrator who shall reopen the matter only for the receipt of evidence summarized to the Board together with evidence from other parties relative thereto and, within such time as shall be prescribed by ordinance, make a new order, requirement, decision, interpretation or other determination in the matter. In considering appeals, the Board of Zoning Appeals shall be subject to the same limitations as are placed upon the Zoning Administrators by this Charter and by ordinance.

The Board may modify or reverse a determination of a Zoning Administrator only upon making written findings setting forth specifically wherein the determination of the Zoning Administrator was in error or constituted an abuse of discretion, and shall make specific written findings supporting any modification or reversal.

A determination by the Board of Zoning Appeals granting or affirming the grant of land use variances shall not become effective until the expiration of such a period of time after mailing notice to the applicant as shall be specified by ordinance. During such period an appeal may be taken to the Council by the applicant, any person aggrieved, the Director of Planning, or by any board, department or bureau of the City. Such appeal shall set forth in writing wherein the appellant believes there was error or abuse of discretion on the part of the Board of Zoning Appeals. An appeal shall stay all proceedings in furtherance of the action appealed from pending its disposition. The Council, when considering an appeal from an action by the Board of Zoning Appeals, shall be subject to the same limitations as are placed on the Board of Zoning Appeals by this Charter and by ordinance. Action by the Council shall be by majority vote, subject to the approval of the Mayor. The Mayor shall approve or disapprove such action within 10 days of its presentation to him. His approval or disapproval shall be based solely upon the administrative record therein and whether he believes such action to be in compliance with the requirements for the grant of a variance set forth in Section 98 of this Charter. If he disapproves such action, he shall return the matter to the City Clerk for presentation to the Council together with his objections in writing and the Council, within 60 days after the matter has been presented to it, may override such disapproval by a two-thirds vote of the whole Council. If the Mayor fails to return the matter to the City Clerk within such 10 day period, the action of the Council shall become effective.

(4)  The Board of Zoning Appeals, upon assuming jurisdiction of a matter after a transfer of jurisdiction from a Zoning Administrator, shall follow the same procedures and be subject to the same limitations as are applicable to a Zoning Administrator. When the Board assumes jurisdiction, the Zoning Administrator shall lose jurisdiction except that the matter may be remanded to the Zoning Administrator, or the Board may accept applicant’s request for withdrawal of such transfer of jurisdiction, in which cases the Zoning Administrator shall regain jurisdiction for the time and purpose specified by the Board. If the Board retains jurisdiction, the Office of Zoning Administration shall make investigations and furnish reports upon such matters as the Board may request. When a matter is requested to be transferred, the Zoning Administrator may file with the Board a statement of facts pertaining to the matter, and shall transmit to the Board the files in the case.

(5)  The Council, within the limitations established by this Charter, may prescribe by ordinance rules and regulations providing for the time, manner, method and procedure for the hearing and determining of the matters under the jurisdiction of the Board of Zoning Appeals. The Board may adopt such rules as it may deem necessary to carry out the rules and regulations prescribed by ordinance and which are not in conflict or inconsistent therewith. All such rules and regulations shall be available for inspection in the office of the Board of Zoning Appeals.  (Sec. Added, 1969.)

A board of appeals exercises quasi-judicial powers.

Grief v. Dullea, 66 Cal. App. (2d) 986.

Where the evidence is in conflict the determination of an administrative board in denying a variance is conclusive.

Otis v. City of Los Angeles, 52 Cal. App. (2d) 605.

Kort v. City of Los Angeles, 52 Cal. App. (2d) 804, 812.