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Kevin L. Riley
Director of Planning & Inspection

Email: Planning & Inspection
Telephone: 408-615-2450
Fax: 408-247-9857

Monday - Friday
8:00A-12:00P, 1:00P-5:00P

1500 Warburton Avenue
Santa Clara, CA 95050

Use Permits (continued)

When an application is received in Planning, it is date-stamped, receipted and tentatively scheduled for the Project Clearance Committee (PCC) meeting. All inter-departmental concerns regarding the proposed project including necessary design changes, recommended conditions of approval and environmental findings are discussed at the PCC meeting. The applicant and/or a representative is encouraged to attend. The Committee must determine if the application contains all necessary information in order to be deemed complete. When the Committee determines a Negative Declaration or Environmental Impact Report is required, the appropriate process must be completed prior to scheduling the item for a fully noticed public hearing. Copies of the PCC minutes are mailed to each owner and applicant within approximately five to ten days after Project Clearance Committee review.

Staff prepares a report for the items on the Planning Commission (PC) agenda. At the meeting, the Planning Commission reviews staff recommendations, public testimony and the applicant's presentation. The Commission then acts to approve or deny the application based on specified findings. The Planning Commission may also designate such conditions of approval in connection with the Use Permit as it deems necessary and may require guarantees and evidence that the applicant will comply with such conditions. The decision on any Use Permit by the Planning Commission is final except in the event of an appeal. (Section 18.110.070).

Planning Commission Meeting Dates

The Planning Commission conducts public hearings generally once or twice a month on matters such as Use Permits. Specific Planning Commission meeting dates are available at the Permit Center or can be found online.

Public Noticing Requirements At least ten days prior to the Planning Commission meeting, Notices of Hearing are mailed to all property owners within a three hundred foot radius of the property. Ten days prior to the meeting, notices are posted in at least three conspicuous places near or on the affected property. Concerned citizens may contact the Planning Division and submit written comments regarding the application. They may also formally address the Planning Commission at the Public Hearing regarding the proposal. If a concerned citizen later chooses to challenge a land use decision of the Planning Commission (or Council), he or she may be limited to raising only those issues raised at the public hearing or in written correspondence delivered to the Planning Division or Planning Commission at, or prior to, the public hearing.

Regarding concurrent sales of beer and wine and motor vehicle fuel, the Use Permit requirements are included in Santa Clara Municipal Code Section 18.68.030 – Service Station Standards. For Specified Regulated Businesses, such as adult theaters, adult bookstores and massage parlors, the requirements are included in the Santa Clara Municipal Code Section 18.70.040 of – Use Regulations applicable to specified regulated businesses.

Findings and Appeals
Findings for Use Permits are usually accompanied by conditions of approval. Conditions of Use Permit approval should be implemented within ninety days of approval, but not later than the start of operation of the conditional use. The action of the Commission is final unless appealed. The owner/applicant or any concerned person may file an appeal of the Commission action with the City Clerk for hearing by the City Council. Any such appeal must be filed within 7 calendar days of the Commission action and must be accompanied by the appeal fee. 

Any Use Permit approval granted shall be automatically revoked and terminated if not used within two years of the original grant, or within the period of any authorized extensions thereof. If the use is not in operation or under construction within two years, an extension request must be filed for the purpose of extending the time on any approval for a maximum of two years.

Any Use Permit granted in accordance with the terms of Santa Clara Municipal Code Section 18.110 may be revoked if basis for approval is found to be invalid or if any of the conditions of such permit are violated, or if any law or ordinance is violated in connection therewith, or if the Planning Commission finds, with the concurrence of the City Council, that the continuance of the use permit will endanger the public health, safety or welfare.

The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing and shall submit its recommendations to the City Council. The City Council shall act within forty-five (45) days after receipt of the recommendations of the Planning Commission.
Last updated: 3/26/2010 12:22:59 PM