Chapter 18.146 — Public Notices and Hearings — Santa Clara Zoning Code

Sections

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– Purpose – Notice of Hearing – Hearing Procedure – Recommendation by Planning Commission, Action by Council – Decision and Notice – Effective Date of Decision

– Purpose

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This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

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– Notice of Hearing

When this Zoning Code requires a public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing as required by this Chapter.

A. Content of Notice. Notice of a public hearing shall include all the following information, as applicable.

1. Hearing Information. The date, time, and place of the hearing and the name of the Review Authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number, email address, and street address of the Department where an interested person could call, email, or visit to obtain additional information.

2. Project Information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

3. Statement on Environmental Document. If a Negative Declaration, Mitigated Negative Declaration, or Final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the Review Authority will also consider the proposed Negative Declaration, Mitigated Negative Declaration, or the Final Environmental Impact Report, as applicable.
B. Method of Notice Distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows.

Santa Clara Zoning Code, Title 18

July 2025 7-15

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Publication, Apr 2026

ZONING

Chapter 18.146

Public Notices and Hearings

1. Mailing for a Hearing Before the Director or Planning Commission - With a Public Hearing. Notice shall be mailed, postage prepaid, or delivered at least 10 days before the scheduled hearing date to all of the following. If mailed, the notice shall be deemed delivered two days after being mailed.

a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner’s authorized agent, the applicant (at the addresses designated on the application), and any appellant(s).
- b. Local Agencies – Only for Development Agreements, General Plan Amendments, and Specific Plans and Amendments. Each local agency expected to provide roads, schools, streets, water, wastewater collection, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
- c. Affected Owners.
  - (1) All Public Hearings – 300 feet. Except as otherwise provided in Subparagraph c. (2), below, all owners of real property, as shown on the latest tax assessor’s records, located within a radius of 300 feet of the exterior boundaries of the property that is the subject of a public hearing. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project.
  - (2) Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection c. (1)., above is greater than or equal to 1,000, the Director may choose instead to provide a oneeighth page newspaper advertisement in one newspaper of general circulation within the City.
- d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee to cover the cost of this mailing.
- e.

2. Alternative Notice for the Director’s Decision - Without a Public Hearing. If approval is by the Director without a public hearing, the following requirements shall apply:

a. Except as otherwise provided in Subparagraph b., notice shall be given only to the owner/applicant and the abutting property owners (i.e., abutting and across the street).
b. Notice is not required to be given to abutting property owners in applications for minor modifications to permits where there are no significant issues, as determined by the Director.
c. A newspaper notice is not required.
d. A notice of decisions by the Director without a public hearing shall also be posted on the City’s website at the same time notice is provided to the owner/applicant.

Santa Clara Zoning Code, Title 18

July 2025

7-16

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Publication, Apr 2026

SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.146

3. Publication.

a. Publication for Development Agreements, General Plan Amendments, and Specific Plans. Notice of a public hearing for a development agreement, development agreement amendment, General Plan amendment, or specific plan shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing date.
b. No publications shall be required for approvals not listed in Subparagraph a.

4. Posting Notices. Notices of public hearing shall be posted as follows:

a. For development agreements, at least one additional paper notice shall also be posted on the project site, fronting on an improved public street.
- b. Each paper notice shall be headed by the word "Notice," in letters not less than one inch in height.
- c. The person posting the notices shall file a Certificate of Posting together with a copy of the notice with the City Clerk.
- d. The notice shall be posted in at least three public places.
- e. All notices shall be posted at least five days, but 10 days for development agreements, before the public hearing.
- f. A notice of all public hearings shall also be posted on the City’s website.

5. Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

6. Errors. Any substantive defect or error appearing in any notice shall not divest the Director, Planning Commission, or Council of jurisdiction nor invalidate any proceedings.

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– Hearing Procedure

A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the Review Authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
C. Deferral of Final Decision. The Review Authority may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

– Recommendation by Planning Commission

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A. Recommendation to the Council. After a public hearing on a proposed amendment to the General Plan, this Zoning Code, the Zoning Map, or the adoption or amendment of a specific plan, the Department shall forward the recommendation and findings of the Planning Commission to the Council.

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July 2025 7-17

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ZONING

Chapter 18.146

Public Notices and Hearings

B. Recommendation to the Applicant. The recommendation and findings shall be mailed to the applicant at the address shown on the application.

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– Decision and Notice

A. Decision.

1. The Review Authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 18.146.030 (Hearing Procedure), above.

2. For any formal action by the applicable Review Authority, the affirmative vote of the majority of the entire membership of the Review Authority shall be required.

3. Except as otherwise provided in this Zoning Code, tie votes of the Review Authority shall result in no action by the Review Authority.

4. At the conclusion of a hearing conducted by the Director, the Director may instead refer the matter to the Planning Commission for review and final decision. Such a referral shall not constitute an appeal, and the resulting decision of the Planning Commission may be appealed to the Council.

5. All decisions shall be in writing and, if required by law, shall contain written findings.

B. Notice of Decision.

1. Provision of Notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City’s final action.

2. Contents of Notice. The notice of the final decision shall contain applicable findings (only if any such findings were required), conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

3. Delivery of Notice. The notice of the final decision shall be delivered by electronic notice, with a courtesy copy sent via U.S.P.S., but only if requested by the applicant.

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– Effective Date of Decision

A. Director’s or Planning Commission’s Decision. Subject to Chapter 18.144 (Appeals), the decision of the Director or Planning Commission is final and effective after 5:00 p.m. on the seventh day following the actual date the final decision is rendered if no appeal of that decision has been filed in compliance with Chapter 18.144 (Appeals).
B. Council’s Decision.

1. Adopted by Ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31[st] day following the date the ordinance is adopted by the Council, unless otherwise provided in the adopting ordinance. For example, an ordinance adopted on October 1[st] will be effective on October 31[st] .

Santa Clara Zoning Code, Title 18

7-18 July 2025

18 Attachment 1:449

Publication, Apr 2026

SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.146

2. Adopted by Resolution.

a. A legislative decision of the Council adopted by resolution is final and shall become effective on the 31[st] day following the date the resolution is adopted by the Council, unless otherwise provided in the adopting resolution.
b. All other resolutions adopted by the Council are final and shall be effective on the date the decision is rendered.

3. Contingent on Future Date or Event. Notwithstanding Subparagraphs 1. and 2., the Council may take a final action and make it contingent on a future date or event.

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ZONING

Chapter 18.146

Public Notices and Hearings

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July 2025

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Publication, Apr 2026

SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.148