§112.0310 Notice of Right to Appeal Environmental Determination

In accordance with Chapter 12, Article 8, Division 2, the Planning Director implements the California Environmental Quality Act (CEQA) and the State CEQA Guidelines within the City of San Diego. While not required by CEQA, in some circumstances the City requires the posting of a Notice of Right to Appeal Environmental Determination for activities that are subject to CEQA.

• (a) A Notice of Right to Appeal Environmental Determination shall be posted for an environmental determination for the following:

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San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2025)

• (1) A determination that a project is exempt from CEQA pursuant to a categorical exemption, that an activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, or is exempt pursuant to State CEQA Guidelines Article 12.5 in accordance with State CEQA Guidelines Sections 15061(b)(2), 15061(b)(3), or 15061(b)(5);

• (2) A determination that a project is exempt from CEQA pursuant to a statutory exemption, e.g. State CEQA Guidelines Section 15061(b)(1); and

• (3) A decision to adopt or certify a negative declaration, mitigated negative declaration, or environmental impact report that the City Manager approves or decides to carry out without a public hearing in accordance with his powers under City of San Diego Charter Section 28, including a negative declaration, mitigated negative declaration, or environmental report for projects decided in accordance with Process Two.

• (b) A Notice of Right to Appeal Environmental Determination is not required to be posted for the following:

  • (1) Activities that are not subject to CEQA pursuant to CEQA Guidelines Section 15060(c) and 15061(b)(4);

  • (2) Projects with an environmental document subject to a Hearing Officer or Planning Commission action to adopt or certify; and

  • (3) Projects with an environmental document or an exemption determination subject to City Council approval .

• (c) A Notice of Right to Appeal Environmental Determination shall include:

  • (1) An identification of the project, including its common name where possible and its location;

  • (2) A brief description of the project;

  • (3) A statement regarding the type of environmental determination ;

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San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2025)

• (4) A brief statement to support the reasons for the environmental determination , including citation to applicable State CEQA Guidelines or statutes; and

• (5) The date the Notice of Right to Appeal Environmental Determination is posted and the time for filing an appeal in accordance with Section 112.0520(b).

• (d) A Notice of Right to Appeal Environmental Determination shall be posted on the City’s website on the date of the environmental determination .

• (e) A Notice of Right to Appeal Environmental Determination shall be distributed via electronic mail (or by U.S. mail if electronic mail is unavailable) on the date of the environmental determination as follows:

  • (1) To the Council Office for the Council District in which the proposed project is located;

  • (2) To the officially recognized community planning group, if any, that represents the area in which the proposed project is located; and

  • (3) To any person who has submitted a written request for notification of the proposed development to the City staff person named in the Notice of Future Decision.

• (f) A Notice of Right to Appeal Environmental Determination posted in accordance with Section 112.0310(d) shall remain posted as follows:

  • (1) For an environmental determination that involves a development permit , tentative map , or other discretionary action pursuant to the Land Development Code, for 10 business days ;

  • (2) For an environmental determination that does not involve a development permit , tentative map , or other discretionary action pursuant to the Land Development Code, for 5 business days .

(Added 7-26-2004 by O-19303 N.S.) (Amended 2-12-2014 by O-20348 N.S.; effective 3-14-2014.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language Ch. Art. Div. http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ] 11 2 3 14

San Diego Municipal Code (10-2014)

Chapter 11: Land Development Procedures

Article 2: Required Steps in Processing