§112.0603 Process CIP/Public Project-Two Appeal Hearing

The City Council shall hear appeals of Process CIP/Public Project -Two decisions subject to the following requirements.

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

  • (1) An applicant ; or

  • (2) Any other person who files an application for a Process CIP/Public Project-Two appeal hearing in accordance with Section 112.0603(b).

• (b) Request for a Process CIP/Public Project-Two Appeal Hearing. A Process CIP/Public Project-Two decision may be appealed by filing an application for a Process CIP/Public Project-Two appeal hearing with the City Clerk no later than 10 business days after the decision date .

• (c) Grounds for Appeal. A Process CIP/Public Project-Two 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 reasonable efforts or due diligence at the time of the decision;

  • (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 City Council. 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.

Ch. Art. Div. 11 2 6 4

San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2025)

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

y scheduled City Council meeting after the 60 calendar days have passed. Failure to hold the hearing within the 60 calendar days shall not limit the authority of the City Council to consider the appeal. The appeal hearing shall generally be held within 60 calendar days following the filing of the application for the hearing. The appeal hearing shall be noticed in accordance with Section 112.0308.

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

• (“Process CIP-Two Appeal Hearing” added 10-22-2013 by O-20309 N.S.; effective 12-12-2013.)

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

(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)

(Retitled from “Process CIP-Two Appeal Hearing” to “Process CIP/Public ProjectTwo Appeal Hearing” and amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)