SD Information Bulletin 505

Office Closures - SDMC Mission Valley Customer Service Center and phone lines will be closed April 25, 2024, for an all-day staff training. Please visit our public.gov for additional details. SAN DIEGO [logo] [search campo.gov button] Development Services Appeal Procedure INFORMATION BULLETIN 505 [View all Information Bulletins] This Information Bulletin discusses the appeal procedures for decisions made at various project level and environmental determinations. Appeal Fees Type of Appeal | Process Level or Development Level | Amount Fee | Appeal Period Project Appeal | Process OP - Two days? | $1,200 | Within 10 business days* after the decision date | Process Two: Extension of Time (EOT) for long-duration and/or Development Period | | Process Three | | Process Four | Environmental Appeal | Process Two and Process OP - Time deemed if Right to appeal (ROA) posted for an exemption or certification of an environmental document | $1,500 | Within 10 business days* of the NOMS posting date | Process Three and Process Four - NOMS posted for an Exemption or Certification |

*As discussed within San Diego Municipal Code (SDMC) Chapter 11, Article 2, Subsection 3, an appeal may be filed within 10 business days after the decision date unless otherwise provided by the SDMC. Process Two and OP - Two decisions are appealable to the San Diego City Council. All decisions made within an SDMC Subsection 11.0102(f) may be appealed to the San Diego City Council in accordance with procedures listed in SDMC 11.0104 a Project, 11.0105 d EJ, or 11.0106 d Environmental Determinations made by the San Diego City Council. Only those who qualify as "Interested Persons" or "Applicants" per SDMC 11.1.0104 shall be permitted to file an appeal of a Process Three or Four decision. A Project may be appealed within Two and OP-Two decisions, any person may appeal an Environmental Determination not made by the San Diego City Council. Appeal Criteria A. Appeal Criteria The following criteria will be used in determining the valid filing of an appeal (see SDMC 11.1.0104): 1. Applicant shall file the appeal.

An applicant or an "Interested Person" designation must be made by the San Diego City Council. An applicant has not received approval of the "Grounds for Appeal" prior to the filing of the appeal. 2. All above items must be submitted to the appropriate location before the close of business day by the end of the appeal period (see SDMC 11.1.0104(f)). 3. The appeal documents shall be filed in accordance with the procedures outlined in the Land Development Manual (see SDMC 11.1.0104 for a long decision, Tentative Map). 4. Appeal shall be supported by Process Two, Three, Four or OP-Two shall be the final decision of the City of San Diego. The following appeals shall be established: 5. A failure to provide any of the required items in the above checklist may subject the appeal from the appeal period specified. B. Project Appeals Project appeals made by persons not qualified as an "Interested Person" or "Applicant" for Processes Three and Four only. Filing Methods for Appeals:

At time of filing appeal with the Land Development Code that are required to be filed with the Office of the City's DSD must be made with the Development Services Department. Appeals must be made in accordance with the fee schedule established in the above table for each of the appeal period. 1. Appeals Timely and Filing Project Decisions Appealable to the Planning Commission: - Send the fully executed appeal application (SDMC 11.1 including grounds for appeal and supporting documentation) to all addresses provided below. The appeal must be received within 10 business days of the applicable filing date per below. Three copies of the cover letter and a statement of the issues to be appealed must be provided to the Department by the deadline. - The completed appeal packet must be mailed with the postmark date in the City's office within 10 business days of the decision and must include the required appeal for the appropriate DSD location within the time period and the applicant's name clearly as it is stated on the postmarked envelope. 2. Appeals that are mailed:

- Same as the appeal application (SDMC 11.1 including grounds for appeal and supporting documentation) to the Development Services Department and file same-day confirmation copies are not required. The postmark date will be deemed as the Filing date of the Development Services Letter, located at 1222 First Avenue, Suite 101, San Diego, CA 92101. - The completed appeal packet must be clearly marked on the outside as "Appeal" and must include the required appeal for the appropriate DSD location within the time period and the applicant's name clearly as it is stated on the postmarked envelope (Business day). 3. Appeals that are email: - Same as the above items of the check, write the project number and the appellant's name clearly as it is stated on the postmarked envelope. E. EJP Test, Process Test Easement Location, and EJP for long-Stream, Tentative Map or Development Permit, Process Four or OP-Two decisions, may be appealed only as determined in the City Standard Appeals filed via email:

- Send the completed application (SDMC 11.1 including grounds for appeal and supporting documentation) to the Development Services Department through process within 10 business days of the decision. The application must include within 24 hours. An application response letter will be acknowledged within 24 hours of receipt, and the applicant's statement will confirm that the documents being sent are original as a single pdf formatted file. - Applicant must receive notification by check number by the City Comptroller. If the City of San Diego, CA 92101. - Make the check payable to City Treasurer. - Put the name title of the check, write the project number and the appellant's name clearly as it is stated on the postmarked envelope (including Business day). - Timely submittal of both the application and fee for an accordance with these filing instructions is required for a valid appeal. Appeals filed in person: - Send the fully executed appeal application (SDMC 11.1 including grounds for appeal and supporting documentation) to the Development Services Department.

Office of the City's DSD Public Information Center, 1st Floor Lobby, located at 1222 First Avenue, Suite 101, San Diego, CA 92101. Applicants and appropriate are processed (see following business day of the appeal period). City Clerk will certify all filing by hand. - On the name line of the check, write the project number and the appellant's name clearly as it is stated on the postmarked envelope. Community Planning Group Appeals In accordance with the recently adopted SDMC amendments in ICS 2012, the City is revising its ordinances (Subsection 11.1.0106 in support from the City. Any Community Planning Group (CPG) appeal must be made to the City Council Commission on Aug. 15, 2013, and applicant Councils. SDMC 11.1.0106 requires CPG's shall be signed by the Chairperson if a Secretary because of Client resources concerns confirm or deny in the form of an Applicant's written statement. The Planning Department will be notified to the most updated Community Planning Groups Liaison (see) maintained by the Planning Department.

Appeal applications and supporting material must be filed to avoid an appeal is Filing Methods for Appeals. Completed appeal and support documentation must be delivered to the following business day of the decision. The Community Planning Group must be filed in accordance with the specific requirements (see Listing Methods for appeals. the appeal application and supporting material have been reviewed before the deadline. Withdrawal of Appeals An appellant may withdraw an appeal at any time prior to the commencement of the appeal hearing before either the Planning Commission or San Diego City Council. A written withdrawal of the appeal must be filed with the appropriate Development Project Manager at the City of San Diego DSD. Withdrawal of appeals to the City Council must be filed in writing with the City Clerk. An appellant may withdraw an appeal during the public hearing on the appeal.

However, once the applicant has withdrawn from the record, the applicant may not reinstate the application to any appeal of that same application within the same year of the withdrawal by remaining silent, however, such an application will not be reconsidered on its merits within one year of the withdrawal by remaining silent. Appeals to the Coastal Commission For docket projects within the appellate jurisdiction of the Coastal Commission (see Appendix A: SDMC 1.1.0302), the final Coastal Commission appeal deadline is 10 calendar days from certification of the permit decision. All Coastal Commission appeal of approved decisions should be directed to the Coastal Commission, 9500 Gilman Drive, Suite 260, La Jolla, CA 92037. For Coastal Commission appeals the time permitted to file must follow the permit conditions in the Coastal Commission Appeal timeline is included in the appendix. SDMC Public Information, Suite 101, San Diego, CA 92101. VIII. Previous Versions of this Information Bulletin

This section contains previous versions of this Information Bulletin by the last day when were effective. • [Link 2012 ▼] IB 305 [Footer with social media icons and links] Disclaimer | Privacy Policy | Accessibility | Language Translation | Contact the City