San Diego Municipal Code Div. 6 Denial of Permits for Campaign Law Violation

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of this division is to protect the City’s land development process by ensuring that permits, maps, and other matters are to be granted only by means of a process that is conducted under the highest standards of integrity and honesty. The intent is to provide for the denial of a permit, map, or other matter because of an applicant or affiliate’s violation of campaign disclosure laws as a sanction to be imposed only in the public interest to avoid undue influence or the appearance of undue influence in the land development process and not for purposes of punishment. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Unless the decision maker finds that denial of a particular permit, map, or other matter would adversely affect an applicant’s vested rights to the permit, map, or other matter, the decision maker shall deny an applicant’s request for any permit, map, or other matter listed in Section 121.0603 if the decision maker finds the following:

(1) The applicant or affiliate has been convicted in a court of law for
violations of California Government Code sections 84300(c) and
84301 (sections of the California Political Reform Act requiring
disclosure of true campaign donor) as they existed on May 15, 1996,
or as amended thereafter, and these violations occurred on or after
May 15, 1996 with respect to a City election; or

(2) The applicant or affiliate is subject to a Fair Political Practices
Commission (“FPPC”) enforcement order, either following a hearing
or by stipulation, that makes a finding of a violation of California
Government Code sections 84300(c) and 84301 as those sections
existed on May 15, 1996, or as amended thereafter, and these
violations occurred on or after May 15, 1996 with respect to a City
election.

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San Diego Municipal Code Chapter 12: Land Development Reviews (6-2000)

(b) The decision maker’s determination under Section 121.0602(a) as to whether
an applicant’s vested right to a permit, map, or other matter will be adversely
affected may be made only after consultation with the City Attorney.

(c) The decision maker’s duty under this section to deny permits, maps, or other
matters to an applicant extends to all divisions or other organizational
elements of the applicant, unless the prohibition is limited by its terms to
specific divisions, organizational elements, or commodities. The City may
extend the prohibition to include an affiliate if the affiliate is (1) specifically
named and (2) given written notice of the proposed prohibition and an
opportunity to respond.

(d) The City’s obligation to deny a permit, map or other matter under Section
121.0602(a) shall cease three years from the date of conviction in a court of
law, or date of an FPPC enforcement order, finding a violation of California
Government Code sections 84300(c) and 84301.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The following types of discretionary permits, maps, or other matters are subject to Section 126.0602:

(a) Zone changes issued pursuant to Chapter 12, Article 3 that are not
commenced by the City;

(b) Variances issued pursuant to Chapter 12, Article 6, Division 8;

(c) Development permits issued pursuant to Chapter 12, Article 6, Divisions 1
through 7;

(d) Tentative or parcel maps issued pursuant to Chapter 12, Article 5;

(e) Development Agreements entered into pursuant to Chapter 12, Article 4; and

(f) Any other similar permit, map, or other matter identified by the City Manager.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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(a) The City Manager shall compile and maintain a current, consolidated list of all persons whose application for permits, maps, or other matters is required to be denied under Section 121.0602(a); shall periodically revise and distribute the list and issue supplements; and shall establish procedures to provide for effective use of the list to ensure that the City does not issue permits, maps, or other matters to anyone on the list.

(b) The list maintained by the City Manager under this section shall indicate the
following:

(1) The names and addresses of all persons who have been denied permits,
maps, or other matters under Section 121.0602(a) with cross
references when more than one name is involved in a single action;

(2) The cause for the action; and

(3) The termination date for each listing.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with an applicant may be imputed to the applicant when the conduct occurred in connection with the individual’s performance of duties for, or on behalf of, the applicant or with the applicant’s knowledge, approval, or acquiescence. The applicant’s acceptance of the benefits derived from the conduct shall be evidence of knowledge, approval, or acquiescence.

(b) The fraudulent, criminal, or other seriously improper conduct of an applicant
may be imputed to any officer, director, shareholder, partner, employee, or
other individual associated with the applicant who participated in, knew of, or
had reason to know of the applicant’s conduct.

(c) The fraudulent, criminal, or other seriously improper conduct of one applicant
participating in a joint venture or similar arrangement may be imputed to
other participating applicants if the conduct occurred for, on approval of, or
with the acquiescence of these applicants. Acceptance of the benefits derived
from the conduct shall be evidence of knowledge, approval, or acquiescence.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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