Public hearing.

San José Municipal Code § 21.07.020

in effect

21.07.020 - Public hearing. 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. 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.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT21ENCL_CH21.07ENIMRE_21.07.020PUHEFetched: 11/1/2026