Chapter 21.07

ENVIRONMENTAL IMPACT REPORTS

Sections:

21.07.010 Final EIR.

21.07.020 Public hearing. 21.07.030 EIR certification.

• 21.07.040 Appeal of director or planning commission certification.

• 21.07.050 Hearing notice - Appeal. 21.07.060 Appeal hearing.

After the director of planning has prepared written responses to public comments on the draft environmental impact report (EIR), the director shall prepare the final EIR. (Ords. 24551, 24643.)

• A. For any project for which the director or planning commission is the initial decision making body as identified in Table 20-260 of Section 20.100.220 of Title 20 of this Code, and the final EIR for the project does not identify any significant environmental effects, the initial decision making body (director or planning commission) shall hold a hearing to consider making the following certifications: (1) the final EIR has been completed in compliance with CEQA; (2) the final EIR reflects the independent judgment and analysis of the city; and (3) the final EIR was presented to the director or planning commission and the director or planning commission reviewed and considered the information contained in the final EIR prior to approving the project.

• B. For any project for which the director or planning commission is the initial decision making body as identified in Table 20-260 of Section 20.100.220 of Title 20 of this Code, and the final EIR for the project identifies one or more significant environmental effects, the planning commission shall hold a hearing to make a recommendation to the city council concerning certification of the final EIR; and the city council shall thereafter hold a hearing to consider making the following certifications: that (1) the final EIR has been completed in compliance with CEQA; (2) the final EIR reflects the independent judgment and analysis of the city; and (3) the final EIR was presented to the city council and the city council reviewed and considered the information contained in the final EIR prior to approving the project.

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ENVIRONMENTAL CLEARANCE

§ 21.07.040

• C. For any project for which the city council is the initial decision making body as identified in Table 20-260 of Section 20.100.220 of Title 20 of this Code, the planning commission shall hold a hearing to make a recommendation to the city council concerning certification of the final EIR; and the city council shall thereafter hold a hearing to consider making the following certifications: that (1) the final EIR has been completed in compliance with CEQA; (2) the final EIR reflects the independent judgment and analysis of the city; and (3) the final EIR was presented to the city council and the city council reviewed and considered the information contained in the final EIR prior to approving the project.

• D. The certification hearing may be heard concurrently with the hearing on the project.

• E. The director shall set the time and place of the public hearings required by this section in accordance with the rules and regulations of the director, planning commission or city council, as appropriate.

• F. Notice of the time and place of the certification hearing shall be published in a newspaper of general circulation in the area affected by the proposed project. The notice shall be published once not less than ten days before the hearing date.

• G. The notice shall briefly describe the nature and location of the project, and shall advise the public that written comments may be submitted to the director, planning commission or city council, as appropriate, on or before the date set for hearing.

• (Ords. 24551, 24643, 29389, 29390.)

• A. Upon conclusion of a certification hearing, the director, planning commission or city council, as appropriate, may certify that: (1) the final EIR has been completed in compliance with CEQA; (2) the final EIR reflects the independent judgment and analysis of the city; and (3) the final EIR was presented to the

  • director, planning commission or city council, as appropriate, and the director, planning commission or city council, as appropriate, reviewed and considered the information contained in the final EIR prior to approving the project.

• B. If the director, planning commission or city council, as appropriate, certifies the final EIR as specified in Subsection A., the director, planning commission or city council, as appropriate, may then immediately act on the project associated with the EIR.

• C. No EIR certification action by the director or planning commission shall be deemed final until the appeal period specified in Section 21.07.040 has expired.

• D. A decision by the director or planning commission not to certify a final EIR is not subject to an appeal.

• E. If the director, planning commission or city council, as appropriate, does not certify the EIR, it shall take no action with regard to the project, and may require that the EIR be revised.

• F. A final EIR which is revised at the direction of the director, planning commission or city council shall be noticed in accordance with Section 21.07.020 and reheard in accordance with this section.

• G. If the planning commission is unable to obtain the four votes necessary for any action on a final EIR at two consecutive meetings, the certification hearing shall be scheduled, by the director, before the city council in accordance with Section 21.07.020, with no further action by the planning commission.

• (Ords. 24551, 24643, 25564, 25565, 29389, 29390.)

• A. Any person may file a written appeal of the director's, planning commission's or other nonelected decision-making body's certification

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SAN JOSÉ CODE

§ 21.07.040

of a final EIR with the director, no later than 5:00 p.m. on the third business day following the certification.

• B. The appeal shall be filed on a form prescribed by the director. The appeal shall state with specificity the reasons that the final EIR should not have been certified.

• C. No appeal shall be considered unless it is based on issues which were raised at the public hearing before the director or planning commission either orally or in writing or in writing prior to the public hearing.

• D. The city council shall conduct appeal hearings.

• (Ords. 24551, 24643, 25564, 25565, 29389, 29390, 29484.)

• A. Upon receipt of a timely appeal, the director shall schedule a hearing on the appeal of the director's, planning commission's or other decision-making body's certification of a final EIR before the city council.

• B. At least ten days prior to the appeal hearing, written notice of the hearing shall be placed in the mail to the person filing the appeal and the applicant.

• (Ords. 24551, 24643, 25564, 25565, 29389, 29390, 29484.)

• A. The certification appeal hearing of the city council shall be de novo.

• B. The city council may hear the appeal of the certification concurrently with an appeal hearing on the project.

• C. Upon conclusion of the certification appeal hearing, the city council may uphold, reverse or modify the director's, planning commission's or other non-elected decision-making body's certification decision.

• D. If the city council upholds the director's, planning commission's or other non-elected decision-making body's certification of the final

EIR, it may then immediately act on any appeal related to the project associated with the EIR.

• E. If the city council does not uphold the director's, planning commission's or other nonelected decision-making body's certification of the final EIR, the city council may require that the EIR be revised and shall not take any action on the project.

• F. All decisions of the city council shall be final. (Ords. 24551, 24643, 25564, 25565, 29389, 29390, 29484.)

• A. If the director, planning commission or city council, requires a revision of the EIR pursuant to Section 21.07.030 E. or 21.07.060, the director shall revise the EIR and prepare a revised final EIR.

• B. A public hearing shall be held by the director, planning commission or city council, on the revised final EIR in accordance with Section 21.07.060 and noticed in accordance with Section 21.07.050.

• C. The revised final EIR shall be reviewed by the director, planning commission or city council, as appropriate, which may certify that: (1) the revised final EIR has been completed in compliance with CEQA; (2) the revised final EIR reflects the independent judgment and analysis of the city; and (3) the revised final EIR was presented to the director, planning commission or city council, as appropriate and the director, planning commission or city council, as appropriate, reviewed and considered the information contained in the final EIR prior to approving the project.

• D. If any other law or title of this Code requires an advisory body to forward to the director, planning commission or city council, as appropriate, a recommendation on the project associated with the EIR, the revised final EIR shall be forwarded to such advisory body for the advisory body's consideration and recommendation. Any recommendation based on a final

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ENVIRONMENTAL CLEARANCE

§ 21.07.070

EIR prior to its revision shall be disregarded. If a recommendation is not required by any other law or title of this Code, the director, planning commission or city council, as appropriate, may, in its discretion, following certification of the revised final EIR, act on the project without any recommendation from any advisory body.

(Ords. 24551, 24643, 25564, 25565, 29389, 29390.)

Editor’s note— Ord. 30294, § 1, adopted Aug. 27, 2019, repealed former § 21.07.080, which pertained to requests for reconsideration of city council's certification as initial decision making body and derived from Ords. 29389, 29390, and 29484.

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