§ 18.114.040 — Project Review, Notice, and Hearing
Santa Clara City Code · Santa Clara City Code § 18.114.040
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Each application for a Conditional Use Permit and Minor Use Permit shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. A. Minor Use Permits. Before a decision on a Minor Use Permit is made, the City shall provide notice in compliance with Chapter 18.146 (Public Notices and Hearings), and as follows. 1. Notice Required. a. The notice shall state that the Director will decide whether to approve, conditionally approve, or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. b. Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 18.114.050 [Findings and Decision], below). c. If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with Subparagraph 2. b., below. 2. Hearing. a. A hearing before the Director shall be scheduled, noticed, and conducted in compliance with Chapter 18.146 (Public Notices and Hearings) if either of the following apply: (1) If a public hearing is requested and the provisions of Subparagraph A. 1. c., above, do not apply; or (2) The Director determines that a hearing would serve the public interest. b. In all other circumstances, the Director shall render a decision on the date specified in the notice referred to in Subparagraph A. 1. a., above. 3. Appeals. The Director’s decision is appealable, once only, to the Planning Commission in compliance with Chapter 18.144 (Appeals). No appeal may be taken from a Planning Commission decision on such an appeal. B. Conditional Use Permits. 1. The Planning Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application. 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. The Planning Commission’s decision is appealable to the Council in compliance with Chapter 18.144 (Appeals).
