Part 2 — PROCEDURE FOR ADOPTION OR AMENDMENT
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
18.12.050 - Hearing - Required - Commission authority.¶
Before recommending a precise plan or regulation, or any amendment thereto to the council for adoption, the commission shall hold at least one public hearing thereon.
(Prior code § 11104; Ord. 19065.)
18.12.060 - Hearing - Notice by publication.¶
Notice of the time and place of the hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date set for the hearing.
(Prior code § 11105; Ord. 19065.)
18.12.070 - Precise plan or regulation - Resolution of recommendation required.¶
The recommendation of any precise plan or regulation or any amendment thereto shall be by resolution of the commission carried by the affirmative vote of not less than a majority of the total members therein who
have a right to vote.
(Prior code § 11106; Ord. 19065.)
18.12.080 - Submission of commission recommendation to council.¶
A copy of any precise plan, regulation or amendment recommended pursuant to this Part 2 shall be submitted to the council, and shall be accompanied by a copy of the resolution of the commission recommending the same.
(Prior code § 11107; Ord. 19065.)
18.12.090 - Proposed plan or amendment - Council adoption authority.¶
Upon receipt of a copy of:
A.
Any proposed precise plan or regulation; or
B.
Any proposed amendment of any previously adopted precise plan or regulation based upon the general plan, or any element thereof or any part of any element thereof, the council may, by ordinance or resolution, adopt the proposed precise plan or regulation or proposed amendment.
(Prior code § 11108; Ord. 19065.)
18.12.100 - Proposed plan or amendment - Council hearing required - Notice.¶
Before adopting the proposed precise plan or regulation or amendment, the council shall hold at least one public hearing thereon. Notice of time and place of the hearing shall be given one publication in a newspaper of general circulation in the city at least ten days before the date set for hearing.
(Prior code § 11109; Ord. 19065.)
18.12.110 - Proposed plan or amendment - Procedure required for council changes.¶
The council shall not make any change in any proposed precise plan, regulation or amendment recommended by the planning commission until the proposed change has been referred to the planning commission for a report, and a copy of the report has been filed with the council. Said report shall be advisory only and shall not be binding upon the council. The failure of the planning commission to report within forty days after reference, or such longer period as may be designated by the council at the time of such reference, shall be deemed to be approval by the commission of the proposed change. Pending receipt of such report, the council shall continue, from time to time, any public hearing theretofore commenced on the proposed precise plan or regulation or amendment recommended by the commission with respect to which said change was proposed by the council, to a time subsequent to the receipt of said report from the planning commission so that same may be considered at such hearing; provided, that said hearing shall not be continued to a date later than fifteen days after the expiration of said forty-day or longer designated period. Upon the failure of the commission to report within said forty-day or longer
designated period, or after receipt of the planning commission's report on such proposed change and consideration thereof at such continued public hearing, the council may adopt any proposed precise plan, regulation or amendment which has been recommended to it by the planning commission with the changes proposed by the council.
(Prior code § 11110; Ord. 19065.)
18.12.120 - Council authority to initiate and adopt precise plans or regulations, or amendments thereto.¶
When it deems it to be for the public interest, the council may initiate and adopt an ordinance or resolution establishing precise plans or regulations, or amendments to precise plans or regulations previously adopted by it.
(Prior code § 11111; Ord. 19065.)
18.12.130 - Proposed plan or amendment - Referral to commission for hearing and report.¶
The council shall first refer such proposed precise plan, regulation or amendment to the planning commission for a report. Before making a report, the commission shall hold at least one public hearing upon the proposed precise plan, regulation or amendment. Notice of the time and place of such hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date set for hearing. Said report shall be advisory only and shall not be binding upon the council, and failure of the commission to hold such hearing or make such report shall not deprive the council of authority to adopt such proposed precise plan, regulation or amendment.
(Prior code § 11112; Ord. 19065.)
18.12.140 - Hearing by council after report from commission.¶
After receipt of a report thereon from the planning commission or upon and after failure of the commission to report to the council thereon within ninety days after the reference thereof to the commission or such longer period as may have been designated by the council at the time of such reference, the council shall hold at least one public hearing on such proposed precise plan, regulation or amendment. Notice of the time and place of the hearing shall be given by one publication in a newspaper of general circulation at least ten days before the date set for the hearing. After such hearing, the council may adopt an ordinance or resolution adopting and establishing such proposed precise plan, regulation or amendment.
(Prior code § 11113; Ord. 19065.)
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