Appeals of adoption of a negative declaration or mitigated negative declaration.
San José Municipal Code § 21.06.020
in effect21.06.020 - Appeals of adoption of a negative declaration or mitigated negative declaration.
A. Any person may file a written appeal to the city council or the Board of Directors of the Redevelopment Agency of the City of San José, as appropriate, of a decision maker's decision to adopt a negative declaration or mitigated negative declaration in accordance with the provisions and conditions of this section.
B. Any person shall file such an appeal on a form prescribed by the director no later than 5:00 p.m. on the third (3rd) business day following the earliest to occur of the following events:
1. The decision maker adopts a negative declaration or mitigated negative declaration during or as a part of a noticed public hearing; or
2. An action is taken after a public hearing on a project by an advisory body making a recommendation on the project or a decision-making body making a decision on the project, whichever first occurs, which recommendation or decision relied upon the adoption of the negative declaration at issue and the adoption of the negative declaration or mitigated negative declaration did not occur as a part of a public hearing; or
3. Commencement of the project if the project is undertaken without any public hearing.
C. The appeal shall be filed on a form prescribed by the director. The appeal shall state with specificity the reasons that the negative declaration or mitigated negative declaration should be found not to be complete or adequate or not to have been prepared in compliance with the requirements of CEQA or this title.
D. No appeal shall be considered unless it is based upon issues that were raised previously either orally or in writing to an advisory body or a decision-making body at or prior to a public hearing whenever the negative declaration or mitigated negative declaration or underlying project is considered at a public hearing.
E. The director shall schedule a hearing on the appeal before the city council or Board of Directors of the Redevelopment Agency of the City of San José, as appropriate, and shall give at least ten (10) days prior written notice thereof to the appellant, the applicant, and the owners of property contiguous to the project as shown on the latest equalized assessment roll adopted by the County of Santa Clara.
F. No protest fee need be paid by a planning commissioner if three or more members of the planning commission, acting independently, file timely protests in compliance with this section.
(Ords. 24551, 27933.)
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_CH21.06NEDE_21.06.020APADNEDEMINEDEFetched: 11/1/2026