A.

This chapter provides procedures to be followed by the city in noticing public hearings.

B.

When public notice is required, it shall be given as provided by this chapter, whether or not this Zoning Code requires a public hearing.

C.

By following these procedures, it is intended that interested individuals and groups will be aware of the proposals under consideration and may offer their input into the decision-making process.

(Ord. 2043 § 1(part), 2004)

When a land use permit, amendment, or appeal, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094, and 66451.3 and Public Resources Code 21000 et seq.), or as otherwise required in this Zoning Code.

In the event of a conflict between the provisions of this chapter and other provisions in this Zoning Code, the provisions of this chapter shall prevail.

A.

Content of Notice. Notice of a public hearing shall include:

1.

Date, Time, and Place. The date, time, and place of the hearing; the name of the hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the property that is the subject of the hearing; and the phone number of the community development department for additional information; and

2.

Environmental Document. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider granting the proposed negative declaration or certification of the final environmental impact report.

B.

Method of Notice Distribution. Notice of a public hearing required by this chapter for a land use permit, amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091):

1.

Publication. Notice shall be published at least once in a local newspaper of general circulation in the city at least ten days before the hearing;

2.

Mailing. Notice shall be mailed first class at least ten days before the hearing to the following:

a.

Applicant and Owner. The applicant and the owner of the property being considered, or the owner's agent at the address shown on the application form;

b.

Local Agencies. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

Surrounding Property Owners. All owner(s), as shown on the last equalized assessment roll adopted by the County of Santa Clara before the date the application was filed, of the parcels of land which either in their entirety or in part are situated within 300 feet of any part of the parcel(s) of land which is the subject of the application. Notice to the owners shall be sent to their addresses as shown on the assessment roll; and

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the community development director and has paid the fee set by the current city's schedule of fees and charges for the notice.

C.

Zoning Code Text Amendments. For public hearings involving a Zoning Code text amendment where no specific properties are the subject of the application, notice shall be given as prescribed in Subsection B. (Method of notice distribution) above, with the exception of subparagraph B. 3., (or B. 2. c.) mailing of notices to all property owners within 300 feet of the subject property.

D.

Posting in a public place. A notice shall be posted in a public place in the offices of the city at least three days before the hearing.

E.

Alternative notice. If the number of property owners to whom notice would be mailed is greater than one thousand, the community development director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the city in compliance with State law (Government Code 65091).

F.

Additional notice. In addition to the methods of noticing required by Subsection b. above, the community development director may provide any additional notice using any distribution method (e.g., the internet) that the community development director determines is necessary or desirable.

G.

Official responsible for preparing notices.

1.

Planning commission public hearings. The community development director shall prepare all notices for planning commission public hearings.

2.

City council public hearings. The city clerk shall prepare all notices for City Council public hearings.

(Ord. 2043 § 1(part), 2004)

Failure of the community development director or city clerk to mail a notice required by this chapter or the failure of any person to receive the notice shall not affect, in any way whatsoever:

A.

Validity of any proceeding. The validity of any proceedings taken under this chapter;

B.

Any action or decision. Any action or decision of the community development director, planning commission, or City Council made or taken in any proceedings; or

C.

Proceeding with the hearing. The planning commission or City Council from proceeding with any hearing at the time and place identified in the notice.

(Ord. 2043 § 1(part), 2004)

A.

Holding of hearing. Public hearings as provided for in this chapter shall be held at the time and place for which notice has been given in compliance with this chapter.

B.

Hearing may be continued. A hearing may be continued without additional mailed notice, provided that the chairperson announces the time and place to which the hearing will be continued, before the adjournment or recess.

(Ord. 2043 § 1(part), 2004)

A.

Timing of decision. The decision-making body may announce and record the decision at the conclusion of a scheduled hearing, or defer action, take specified items under advisement, and continue the hearing.

B.

Contents of record.

1.

Findings and monitoring requirements. The record of the decision-making body shall contain applicable findings, all conditions and time limits, and the reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.

2.

Mailing of record. Following the hearing, the record of the decision shall be mailed to the applicant at the address shown on the application.

a.

Official responsible for preparing the notification to the applicant.

(1)

The secretary of the planning commission shall give written notification of the action (e.g., recommendation or decision) of the planning commission to the applicant.

(2)

The city clerk shall give written notification of the decision of the City Council to the applicant.

b.

Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits, and the reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the city.

(Ord. 2043 § 1(part), 2004)

The decision of the community development director or planning commission is final unless appealed in compliance with Chapter 21.62 (Appeals).

(Ord. 2043 § 1(part), 2004)

A.

Planning commission's recommendation. At the conclusion of a public hearing on a proposed amendment to the General Plan, this Zoning Code, the zoning map, or a development agreement the planning commission shall forward a recommendation, including all required findings, to the City Council for final action.

B.

Mailing of recommendation. Following the hearing, a notice of the planning commission's recommendation shall be mailed to the applicant in compliance with Subparagraph 21.64.050(B)(2) (Mailing of record).

(Ord. 2043 § 1(part), 2004)

A.

City council's action. For applications requiring City Council approval, the City Council shall announce and record its decision at the conclusion of the public hearing.

B.

Findings and monitoring requirements. The record of the decision shall contain the findings of the City Council, any conditions of approval, and reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the city.

C.

Mailing of decision. Following the hearing, a notice of the decision shall be mailed to the applicant in compliance with Subparagraph 21.64.050(B)(2) (Mailing of record).

(Ord. 2043 § 1(part), 2004)

Editor's note— Ord. No. 2293, § 1(Exh. B), adopted May 2, 2023, repealed § 21.64.090, which pertained to notices in the San Tomas Area and derived from Ord. 2043 § 1(part), adopted 2004.