§112.0504 Process Two Appeal Hearing

• (a) The Planning Commission shall hear appeals of Process Two decisions subject to the following requirements, unless otherwise specified in the Land Development Code.

  • (1) Persons Who Can Appeal. The following persons may request an appeal hearing after the designated staff person’s decision:

    • (A) An applicant ; or

    • (B) Any other person who files an application for a Process Two appeal hearing in accordance with Section 112.0504(a)(2).

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San Diego Municipal Code

Chapter 11: Land Development Procedures

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• (2) Request for a Process Two Appeal Hearing.

  • (A) A Process Two decision may be appealed by filing an application for a Process Two appeal hearing with the City Manager no later than 10 business days after the decision date.

  • (B) Pursuant to the Subdivision Map Act , an applicant may file an appeal of a decision to deny its application for an Extension of Time for a map waiver or tentative map no later than 15 calendar days after the decision date .

• (3) Grounds for Appeal. A Process Two decision may be appealed on any of the following grounds:

  • (A) Factual Error. The statements or evidence relied upon by the decision maker when approving, conditionally approving, or denying a permit, map, or other matter were inaccurate;

  • (B) New Information. New information is available to the applicant or the interested person that was not available through reasonable efforts or due diligence at the time of the decision;

  • (C) Findings Not Supported. The decision maker’s stated findings to approve, conditionally approve, or deny the permit, map, or other matter are not supported by the information provided to the decision maker; or

  • (D) Conflicts. The decision to approve, conditionally approve, or deny the permit is in conflict with a land use plan , a City Council policy, or the Municipal Code.

• (4) The appellant(s) may withdraw an appeal at any time prior to the commencement of the appeal hearing before the Planning Commission. The withdrawal of the appeal must be filed in writing with the City Manager. If all appellants withdraw their appeals, no appeal hearing shall be conducted. The withdrawal of the appeal does not entitle the appellant(s) to any refund of appeal-related costs or fees incurred as of the date of the withdrawal.

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San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2025)

• (5) Scheduling an Appeal Hearing. Within 30 calendar days after the date on which an application for the appeal hearing is filed with the City Manager, the City Manager shall assign a date for an appeal hearing before the Planning Commission. The appeal hearing shall be held no later than 60 calendar days after the date on which the application for an appeal is filed, unless there are more than 60 calendar days until the next regularly scheduled Planning Commission meeting, in which case the appeal hearing shall be held at the first regularly scheduled meeting after the 60 calendar days have passed. Failure to hold the hearing within the 60 calendar days shall not limit the Planning Commission’s authority to consider the appeal. The appeal hearing shall be noticed in accordance with Section 112.0308.

  • (6) Power to Act on the Decision at Appeal Hearing. At the conclusion of the appeal hearing, the Planning Commission may affirm, reverse, or modify the staff decision.

• (b) Exception. Where the Land Development Code specifies that the City Council is the appeal body for a Process Two decision Sections 112.0504(a)(5) and 112.0504(a)(6) shall not apply. Instead, the scheduling of the appeal hearing and the power to act on the decision at the appeal hearing shall be in accordance with Sections 112.0508(d) and 112.0508(e).

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 10-25-2017 by O-20863 N.S.; effective 11-24-2017; O-20863 was readopted on 3-19-2019.)

(Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)

Ch. Art. Div. 11 2 5 5

San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2025)