San Jose |
Code of Ordinances |
Title 20. ZONING |
Chapter 20.100. ADMINISTRATION AND PERMITS |
Part 2. COMMON PROCEDURES |
§ 20.100.220. Appeal - Hearing body.
Decisions on permits or approvals pursuant to this chapter are subject to appeal as set forth in Table 20-260 which lists the initial decision maker and the decision making body which will hear any appeal.
Table 20-260
Appeal Hearing Body
Application Initial Decision Making Body 1 Appeal Decision Making Body 2 Administrative permit Director of Planning No Appeal Site development permit Director of Planning Planning Commission Site development permit - projects within downtown districts and exceeding 150 feet and FAR of 6:1 Director of Planning City Council Single-family house permit Director of Planning Administrative decision Director of Planning No Appeal Director's hearing Director of Planning Planning Commission Planned development permit Director of Planning Planning Commission Special use permit Director of Planning Planning Commission Special use permit - for schools that are elementary or secondary (public or private), post secondary, trade and vocational, or driving (class C & M license) in the PQP public/quasi-public zoning district Director of Planning City Council Special use permit - for church/religious assembly in the PQP public/quasi-public zoning district Director of Planning City Council Special use permit - for privately-operated museums, libraries, parks, playgrounds, or community centers in the PQP public/quasi-public zoning district Director of Planning City Council Conditional use permit Planning Commission City Council Conditional use permit - stadium, more than 2,000 seats including incidental support uses City Council No Appeal Conditional use permit - drinking establishments with an approved maximum occupancy load of over 250 persons that operate between 12:00 midnight and 6:00 a.m. City Council No Appeal Conditional use permit involving off-premises sale of alcoholic beverages requiring a determination under Chapter 6.84 where findings required by planning commission under Section 6.84.030.B.1. through 4. cannot be made City Council No Appeal Conditional use permit or planned development permit for mobilehome park conversion of use City Council No Appeal Variance Director of Planning Planning Commission Exception Director of Planning Planning Commission Sidewalk café permit Director of Planning City Council Tree removal permit Director of Planning Administrative decision Director of Planning No Appeal Director's hearing Director of Planning Planning Commission Zoning code verification certificate Director of Planning No Appeal 1.
The city council is the initial decision making body for a project that requires certification of an environmental impact report for environmental clearance unless the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.
2.
The city council is the appeal decision making body for all projects in which appeals have been filed for both approval of the project under this chapter and environmental clearance for the project under Title 21 of this Code.
(Ords. 26248, 26455, 27091, 27185, 28731, 28958, 29046, 29195, 29312, 29364, 29484, 29690.)