Report 2012-109 Recommendation 7 Responses

Report 2012-109: City of San Diego: Although It Generally Followed Requirements for Reviewing Permits, It Could Do More to Protect Historical Resources and to Notify the Public Properly About Its Actions (Release Date: April 2013)

Recommendation #7 To: San Diego Mayor's Office, City of

To provide the public proper notice of San Diego's environmental determinations in accordance with its municipal code, Development Services should seek an amendment to the municipal code to clarify its belief that environmental determinations made by a hearing officer are not subject to the appeal notice requirement. In the interim, Development Services should post appeal notices for projects subject to permit review Process Three.

1-Year Agency Response

The City has amended its Municipal Code to specifically address the requirements for posting NORAs. Section 112.0310(b) states that a NORA is not required to be posted for projects with an environmental document subject to Hearing Officer or Planning Commission action. In the interim, since issuance of the audit and the approval of specified Code amendments, the City posted notices of right to appeal for these actions.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

Development Services is processing amendments to the municipal code that clarify why environmental determinations made by a hearing officer are not subject to the appeal notice requirement, and clarify the required time for filing an appeal of an environmental determination made by the Planning Commission or hearing officer. The amendments are pending City Council approval. In the interim, Development Services will post appeal notices for projects subject to Process Three permit review.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

60-Day Agency Response

Development Services will seek an amendment to the municipal code to clarify its belief that environmental determinations made by a hearing officer are not subject to the appeal notice requirement, due to verbal notice at the time of the hearing. In the interim, Development Services will post appeal notices for projects subject to permit review Process Three. The City is currently processing code amendments to clarify the required time for filing an appeal of an environmental determination made by the Planning Commission or hearing officer. The last action for that project occurred on March 20, 2013 at the City Council Committee on Rules and Economic Development where the Committee recommended approval. The amendments are pending City Council approval.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

All Recommendations in 2012-109

Agency responses received after June 2013 are posted verbatim.