A.

An appeal from a decision of the Director, other administrative official(s), or the Planning Commission made in the administration or enforcement of this Zoning Ordinance may be made, as provided in this chapter.

B.

The appeal may be taken by the owner or any person having an interest in the property that is the subject of the decision (the subject property) or by the owner of or person having an interest in any property located within five hundred (500) feet of the exterior boundaries (or one hundred (100) feet for appeals of large family child care facilities) of the subject property.

C.

The appeals process is generally illustrated in Figure 20.545-1, "Appeals Process." An appeal from a decision of the Director or other administrative official(s) must first be taken to the Planning Commission. Decisions of the Planning Commission may be appealed to or reviewed by the City Council.

A.

Written Filing, Fee Payment. An appeal may be made by filing a written appeal with the Director and paying any required fee within ten (10) days of the decision being appealed.

B.

Appeal Statement. The appeal shall set forth the decision being appealed, and shall contain the reasons for the appeal and the grounds upon which the appeal is based.

C.

Appeal Documents. On the filing of such appeal and the payment of any required fee, the Director shall transfer the records on file with the official whose decision is being appealed, together with the report of such official, to the Secretary of the Planning Commission. If a decision of Planning Commission is the subject of the appeal, the transfer of the record and report referenced herein shall be made to the City Clerk.

A.

Hearing on Appeal of Decision by Director or other Administrative Official(s). The Planning Commission shall hold a hearing on an appeal from a decision of the Director or other administrative official(s) after giving due notice thereof to the appellant and to the owners of the property in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance. The Planning Commission may call for a review of a decision of the Director on a variance at the next scheduled meeting of the Planning Commission.

B.

Hearing on Appeal of Planning Commission Decision. If the appeal is from a decision of the Planning Commission, the City Council shall hold a hearing on said appeal after giving due notice thereof to the appellant and to the owners of the property in the manner prescribed in Chapter 20.505 (Noticing and Public Hearings) of this Zoning Ordinance.

1.

Upon the filing of an appeal and payment of any required fee, the Director shall transfer to the City Council the papers and documents applicable to such hearing and on file with the Planning Commission including the decision of the Planning Commission. The written appeal shall set forth the grounds upon which the appellant asserts the decision of the Planning Commission was in error.

A.

For appeals from a decision of the Director or other administrative official(s), the Planning Commission shall consider the appeal and shall either:

1.

Affirm the decision of the Director or other administrative official(s); or

2.

Render its decision de novo on the appeal.

B.

For appeals from a decision of the Planning Commission, the City Council shall consider the appeal and shall either:

1.

Affirm the decision of the Planning Commission; or

2.

Render its decision de novo on the appeal.

C.

The decision of the City Council in the case of any such appeal shall be the final determination of the City.

An appeal stays all proceedings in furtherance of the action appealed from. No building permit, license, or other permit that is the subject of an appeal shall be issued unless the officer from whose decision the appeal is taken, certified to the Planning Commission or City Council as appropriate, that by reason of facts stated, a stay would, in his/her opinion, cause imminent peril to life and/or property. In this case, proceedings shall not be stayed except by restraining order, which may be granted by the Planning Commission or City Council as appropriate, or by a court having appropriate jurisdiction.

A.

Authority to Revoke Approval. After a public hearing as provided for in Chapter 20.505 (Noticing and Public Hearings), the Planning Commission may revoke or modify any permit, CUP, Variance, or other approval granted by the Planning Commission, the City Council, or any administrative officer(s) pursuant to the provisions of this Zoning Ordinance on any one (1) or more of the following grounds:

1.

That the permit or other approval was obtained by fraud.

2.

That one (1) or more of the terms or conditions upon which the permit or approval was granted has been violated.

3.

That the use for which the permit was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance.

The City Council will be the final decision-making body for any permits or approvals that required City Council approval, and for appeals of decisions by any lower decision-making body.

B.

Hearing. The hearing to revoke or modify a permit or approval may be initiated by order of the Planning Commission or City Council on its own motion or on request of any City officer. The order shall set forth the grounds for revocation or modification.

C.

Notice. Notice of the time and place of any hearing to revoke or modify a permit or approval shall be issued in the manner and within the time period prescribed by Chapter 20.505 (Noticing and Public Hearings).

Additionally, the Secretary of the Planning Commission shall do as follows:

1.

Cause a notice of the time and place of hearing and copy of the order to be sent to such public officers, departments, or agencies who, in the opinion of the Secretary of the Planning Commission, might be interested, and request a report thereon.

2.

Cause a copy of the notice of the time and place of such hearing to be published once in a newspaper of general circulation in the City.

3.

Service a written notice of the time and place of such hearing and a copy of the order upon the owner and upon the person in possession of the premises involved. Service of the notice and copy of order shall be made in the manner required by law for the service of summons, or by registered or certified mail, postage prepaid; however, if no owner or person in possession can be found, the Secretary shall cause notice of such hearing together with a copy of the order by first class mail, postage prepaid, to be mailed to the person whose name and address appear as owner of the premises involved on the latest adopted tax roll of the County of San Diego, or, alternatively, on such other records of the Assessor or the Tax Collector as contain more recent information in the opinion of the Secretary of the Planning Commission.

4.

Cause a notice of the time and place of hearing and copy of the order to be sent to such public officers, departments, or agencies who, in the opinion of the Secretary of the Planning Commission, might be interested, and request a report thereon.

D.

Planning Commission Decision. After such hearing, the Planning Commission shall render its decision subject to Section 20.545.060.A and may revoke or modify the permit or approval.

E.

Appeal of Revocation. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council within fifteen (15) days after the Planning Commission renders its decision. The appeal may be taken by filing a written appeal with the Director. The written appeal shall set forth the grounds upon which the appellant asserts the decision of the Planning Commission was in error. Upon the filing of such appeal and payment of any required fee, the Director shall transfer to the City Council the papers and documents applicable to such appeal and on file with the Planning Commission, including the decision of the Planning Commission.

The City Council shall consider the appeal and shall either:

1.

Affirm the decision of the Planning Commission, or

2.

Hold a hearing de novo on the appeal.

Following any such hearing, the City Council shall render its decision de novo on the appeal. In rendering its decision, the City Council may revoke or modify the permit or approval. The decision of the City Council shall be the final determination of the City.