Right of Appeal to the Committee on Public Safety and Livable Neighborhoods; Procedure; Decisions
San Diego Municipal Code § 33.0505
in effect§ 33.0505 Right of Appeal to the Committee on Public Safety and Livable Neighborhoods; Procedure; Decisions
(a) The applicant, permittee, and the Chief of Police have the right to appeal a hearing officer’s decision to the Public Safety and Livable Neighborhoods Committee of the City Council (or its successor committee).
(b) The effect of a decision by the hearing officer shall be stayed while an appeal to the Committee on Public Safety and Livable Neighborhoods (or its successor committee) is pending or until the time for filing such appeal has expired.
(c) When an appeal is filed with the City Clerk, it shall be placed on the
Committee on Public Safety and Livable Neighborhoods (or its successor committee) agenda for the limited purpose of determining whether the Committee will hear the appeal.
(d) The Committee may accept an appeal for hearing when any of the following situations are found to exist:
(1) The appellant was denied the opportunity to make a full and complete presentation to the hearing officer.
(2) New evidence is now available that was not available at the time of the hearing officer’s hearing.
(3) The hearing officer’s decision was arbitrary because no evidence was presented to the hearing officer that supports the decision.
(4) The appeal presents a Citywide issue on which guidance of the Committee on Public Safety and Livable Neighborhoods (or its successor committee) is required and the matter is of Citywide significance.
(5) The hearing officer’s decision is in conflict with adopted Council policy or the Municipal Code.
(e) The Committee on Public Safety and Livable Neighborhoods (or its successor committee) shall rely upon the record of the proceedings before the hearing officer and the written appeal. No oral presentations shall be made to the Committee on Public Safety and Livable Neighborhoods (or its successor committee) by proponents or opponents of the appeal.
(f) A vote on a motion to set the appeal for hearing shall not constitute a vote on the merits of the appeal.
(g) If at least three members of the Committee vote in favor of hearing the appeal, the Chair to the Committee on Public Safety and Livable Neighborhoods (or its successor committee) shall set the appeal for hearing before the Committee.
(h) A majority vote of the Committee is required to overturn the decision of the hearing officer.
(i) The decision of the Committee to grant or deny the appeal is the final administrative remedy.
(j) Section 33.0505 does not apply to applicants or permittees who are seeking to engage in, or are engaged in, a business or occupation protected by the First Amendment. This includes the businesses and occupations regulated in Divisions 33 (peep show establishments) and 36 (nude entertainment).
(“Right of Appeal to the Committee on Public Safety and Neighborhood Services; Procedure; Decisions” added 11-20-2000 by O-18885 N.S.)
(Retitled to “Right of Appeal to the Committee on Public Safety and Livable Neighborhoods; Procedure; Decisions” and amended 11-25-2014 by O-20438 N.S.; effective 12-25-2014.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art03Division05.pdf#page=4Fetched: 10/28/2026