§112.0506 Process Three Appeals

The Hearing Officer’s decision may be appealed to the Planning Commission, as specified in Chapter 12, Article 6 for the type of development and review required. An appeal from a Hearing Officer’s decision that involves applications consolidated in accordance with Section 112.0103 shall be heard by the Planning Commission. An appeal from a Process Three decision shall be made in the following manner.

• (a) Persons Who Can Appeal. A Process Three decision may be appealed by the following persons:

  • (1) An applicant ; or

  • (2) An interested person .

• (b) Time for Filing an Appeal. A Process Three decision may be appealed by filing an application with the City Manager no later than 10 business days after the date of the Hearing Officer’s decision.

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

  • (1) 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;

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

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Chapter 11: Land Development Procedures

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• (3) 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

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

• (d) 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.

t 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.

• (e) Scheduling the Appeal Hearing. The appeal hearing before the Planning Commission 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. However, appeal hearings regarding tentative maps shall be held no later than 30 calendar days after the date on which the application for the appeal is filed, unless no regularly scheduled Planning Commission meeting will be held within the 30 days for which notice can be provided pursuant to Section 112.0208 and to any tenant, in which case the hearing shall be held as follows: (1) at the next regularly scheduled Planning Commission meeting for which the above notice can be provided, or (2) within 60 calendar days of the date on which the application for the appeal is filed, whichever is shorter. Failure to hold the hearing within the 60 calendar days shall not limit the authority of the Planning Commission to consider the appeal. The appeal hearing shall be noticed in accordance with Section 112.0308.

• (f) Power to Act on Appeal. After the conclusion of the public hearing, the Planning Commission may affirm, reverse, or modify the decision being appealed.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-05 by O-19444 N.S.; effective 2-9-2006.)

(Amended 10-25-2017 by O-20863 N.S.; effective 11-24-2017; O-20863 was readopted on 3-19-2019.)

Ch. Art. Div. 11 2 5 7

San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2025)