Chapter 18.144 — Appeals — Santa Clara Zoning Code

Sections

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– Purpose

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– Appeal Subjects and Jurisdiction

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– Filing and Processing of Appeals

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Calls for Review

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– Purpose

This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Director and Planning Commission.

– Appeal Subjects and Jurisdiction

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A. Zoning Code Administration. The following determinations, and enforcement actions of the Director may be appealed to the Planning Commission, which shall serve as the final Review Authority for Director appeals:

1. Determinations. Any determination that a permit application or information submitted with the application cannot be accepted or is incomplete, in compliance with Government Code Section 65943; or

2. Enforcement Actions. Any enforcement action filed in compliance with Chapter 18.152 (Enforcement Provisions).

B. Planning Permit Decisions.

1. Director’s Decisions. Any decision of the Director may be appealed to the Planning Commission, which shall serve as the final Review Authority for appeals of the Director.

2. Planning Commission’s Decisions. With the exception of appeals of Director’s Decisions, any decision of the Planning Commission may be appealed to the Council, which shall serve as the final Review Authority for appeals of the Planning Commission.

3. Appeals Regarding Architectural Reviews of Single-Family Residences.

a. The Planning Commission shall serve as the appeal body for all Director decisions on Architectural Reviews of single-family residences.
b. Notwithstanding paragraph 1, in the event that the Planning Commission decision is also appealed, the Council shall serve as the final Review Authority for all Planning Commission decisions on Architectural Reviews of single-family residences.

Santa Clara Zoning Code, Title 18

July 2025 7-9

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Publication, Apr 2026

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Chapter 18.144

Appeals

4. Appeals Regarding All Other Architectural Reviews. The Council shall serve as the final Review Authority for all Director decisions on all other Architectural Reviews.

5. No Further Appeals are Available. No further appeals ae available.

C. CEQA Decisions.

1. Any CEQA determination of the Director may be appealed to the Planning Commission, which shall serve as the final Review Authority for appeals of the Director. Further appeals to the Council are not permitted.

2. Subject to Subparagraph 1., any CEQA determination of the Planning Commission may be appealed to the Council, which shall serve as the final Review Authority for appeals of the Planning Commission.

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– Filing and Processing of Appeals

A. Eligibility to Appeal.

Any interested person or agency may appeal a Director decision that did not involve a public hearing.

2. A decision at a public hearing may be appealed by any interested party who, in person or through a representative identified as such, appeared at a public hearing in connection with the decision being appealed, or who informed the City in writing of the nature of their concerns before the hearing.

B. Timing and Form of Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.
1. The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous Review Authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.
2. The appeal shall be filed with the Department or City Clerk, as applicable, within seven days following the actual date the decision was rendered.
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- **a.** An appeal addressed to the Planning Commission shall be filed with the Department; and 

- **b.** An appeal addressed to the Council shall be filed with the City Clerk. 
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3. The appeal shall be accompanied by the filing fee identified in the Fee Schedule.
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- **a.** The appeal fees are established to cover the cost of the following items as are required for the particular case: field investigation; preparation of necessary reports; preparation of site maps; mailing notices; printing and posting notices and legal publications. 

- **b.** These fees, no part of which shall be refundable, shall be paid to the Department or City Clerk, as applicable, at the time the appeal is filed.
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Santa Clara Zoning Code, Title 18

7-10 July 2025

18 Attachment 1:441

Publication, Apr 2026

SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.144

4. The appeal shall be accompanied by a written verification by at least one of the petitioners attesting to the truth and correctness of all facts and maps and other graphic materials presented with the appeal petition.

5. Once an appeal is filed, any approval of the subject project is stayed until the appeal is processed and a final decision is rendered by the applicable Review Authority.

C. Scope of Planning Permit Appeals.

1. An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, which are part of the record, or information that was not a part of the record at the time of the decision that is being appealed.

2. For purposes of this Section, the record consists of all correspondence, minutes, reports, transcripts, written and oral testimony at the public hearing, and any other documents or evidence considered or relied upon by the Review Authority in the decision-making process.

D. Report and Scheduling of Hearing.

1. When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate Review Authority identified in Section 18.144.020 (Appeal Subjects and Jurisdiction), above, in most circumstances within 60 days of the filing of the appeal, although the Director may take up to 120 days in extenuating circumstances.

2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).

3. Any interested party may appear and be heard regarding the appeal.

E. Decision.

1. The appeal of any planning permit is heard de novo. During the appeal hearing, the issues that may be raised and considered by the Review Authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The Review Authority may:

a. Affirm, affirm in part, vacate, modify, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code; and
b. Adopt additional conditions of approval, which may address issues or concerns other than the subject of the appeal.

2. If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Director, Planning Commission, or another board or commission as applicable, for further consideration.

3. In the event of a tie vote by the Review Authority on an appeal, the decision being appealed shall stand.

4. Provision of Notice of Decision.

Santa Clara Zoning Code, Title 18

July 2025 7-11

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Publication, Apr 2026

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Chapter 18.144

Appeals

a. Following the final decision on an appeal of a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner’s representative, and to any person who specifically requested notice of the City’s final action.
b. The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

F. Effective Date of Appeal Decisions.

1. For appeals of Architectural Review of single-family residences to the Planning Commission, if no appeal of the Planning Commission’s decision is received within seven days, the Planning Commission’s decision will become final at the end of the seventh day.

2. For all other appeals, the Review Authority's decision on an appeal shall be effective immediately.

G. Multiple Appeals Prohibited in Most Circumstances. Except for appeals of Architectural Review approvals for single-family residences, once a Review Authority issues a decision, no appeal from that decision may be taken.

– Calls for Review

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A. Planning Commission or Council Review.

1. Planning Commission. The Planning Commission may call for a review of any determination or decision rendered by the Director or Department Staff.

2. Council. The Council may call for a review of any determination or decision rendered by the Planning Commission, Director, or Department Staff.

3. Majority Vote Required. A Call for Review may only commence by the affirmative vote of the majority of the entire membership of the Review Authority.

B. Process for Calling for a Review.

1. Initiation by Planning Commissioners. One or more Planning Commissioners may initiate a Call for Review of a Director’s determination or decision by filing a written request with the Department before the effective date of the action, which unless otherwise specified by this Zoning Code, means within seven days following the date of the determination or decision.

2. Initiation by Council Members.

a. One or more Council members may initiate a Call for Review of a Planning Commission’s or Director’s determination or decision by filing a written request with the City Clerk before the effective date of the action, which unless otherwise specified by this Zoning Code, means within seven days following the date of the determination or decision.

Santa Clara Zoning Code, Title 18

7-12 July 2025

18 Attachment 1:443

Publication, Apr 2026

SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.144

b. The Council may call for the review of a Director’s determination or decision directly, or may direct the Planning Commission to first consider the matter and provide a written recommendation to the Council.

3. Consideration of Call for Review. The Planning Commission or Council, as applicable, shall consider the Call for Review at its next regularly scheduled meeting. This action need not be noticed as a public hearing.

4. Requests for Verbatim Transcript. If by its action the Planning Commission or Council requests a verbatim transcript of the prior hearing, a copy shall be made available for inspection by any interested party. No fees shall be required for the transcript.

5. Vote by Review Authority. If the Planning Commission or Council, as applicable, votes to grant the review of the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review.

6. Notice to Applicant. If the Review Authority is reviewing the decision of a discretionary application, the applicant shall be informed of the aspects of the application and the determination or decision that the Review Authority will consider.

Effect of Call for Review.

a. A request for a Call for Review by a member of a Review Authority shall stay the effective date of a determination or decision until the Review Authority can make a decision on whether to grant the Call for Review request.
- b. The timely filing of a Call for Review does not extend the time in which an appeal of a determination or decision shall be filed. The normal appeal period shall continue to run in compliance with Subsection 18.144.030 B. (Timing and Form of Appeal), above.
- c. If the Review Authority decides to grant the Call for Review of the subject determination or decision, then the previous determination or decision shall continue to be stayed until such time as the Review Authority issues a decision on the merits.
- d. If the Review Authority decides to not grant the Call for Review of the subject determination or decision, then the determination or decision shall become final when the Review Authority declines the request, unless the appeal period has not expired.

Filing of an Appeal Pending a Call for Review.

a. Right to File an Appeal. Any person may file a timely appeal in compliance with this Chapter even though a Call for Review has been filed in compliance with this Section.
b. Effect of Filing an Appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the Call for Review is subsequently withdrawn or rejected.

9. Withdrawal or Failure of a Call for Review. If a request for a Call for Review is withdrawn after filing, or is rejected, the remaining days of the Call for Review period shall start from the date on which the Call for Review is withdrawn or is rejected.

Santa Clara Zoning Code, Title 18

July 2025 7-13

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Publication, Apr 2026

ZONING

Chapter 18.144

Appeals

10. Notice and Public Hearing.

  - **a.** A Call for Review hearing on the merits shall be a public hearing if the original determination or decision required a public hearing.  No public hearing is required for the initial decision on whether to grant a Call for Review. 

  - **b.** If a public hearing is required under Subparagraph a., notice of the public hearing shall be the same as the original determination or decision, in compliance with Chapter 18.146 (Public Notices and Hearings). 

  - **c.** The public hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).

11. Fees Not Required. Fees shall not be required in conjunction with the filing of a Call for Review.

12. Required Votes. The final action calling for review of a determination or decision shall require an affirmative vote of the majority of the entire membership of the Review Authority.

C. Concurrent Planning Commission Recommendations. When the Planning Commission makes a recommendation to the Council on a legislative matter (e.g., General Plan amendment, specific plan or amendment, Zoning Code amendment, or Zoning Map amendment), any concurrent companion decision(s) by the Planning Commission on an approval, permit, or Variance, or other non-legislative land use permit application concerning, in whole or in part, the same property shall automatically be deemed to be timely called up for review by the Council.

Santa Clara Zoning Code, Title 18

July 2025

7-14

18 Attachment 1:445

Publication, Apr 2026

SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.146