TAKE ACTION - Title 20 Notice of Noncompliance for Violation of CA State Noticing Law

IMPORTANT - We Need You To Write An Email!!!

All of the quotes below come from this city document, unless otherwise noted: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2142&meta_id=581554

"The California Government Code requires public hearing notices be sent to all property owners within a 300-foot radius of a development site a minimum of ten (10) days prior to the hearing."  (The hearing is supposed to take place prior to any work and/or demolition of the site.) (https://www.sanjoseca.gov/DocumentCenter/View/3892)

OCTOBER 2015 - 
"The applicant demolished a church, associated accessory buildings, and removed 20 ordinance sized trees without permits. The applicant claims they did not know permitswere required.(No notification of any kind was performed to the residents and businesses in the area.) (PDF page 3/341) 

Jonathan Fleming asked the San Jose Planning Department if "there was no noticing done of any kind prior to the church demolition and tree removal." The planner for the project, Jennifer Piozet confirmed  "Of course , because no project was on file." (click the image for a larger view)

"On November 4, 2015, the applicant applied for a Conditional Use Permit to legalize (with the City, not the State) the demolition of a church and associated accessory buildings and approve the construction of a 162-unit Residential Service Facility, the removal of 26 ordinance sized trees (20 unpermitted and 6 proposed)..." (PDF page 2/341)  The city cannot pardon, abate, or legalize a violation of State law. 

Email:
This is our best chance to stopping 2500 Senter Rd to date.  No matter what the City did to legalize the approval of 2500 Senter Rd, they do not have the power to legalize violations of California State law.  Ask everyone you know to copy, paste, and send.  The more emails they get, the better.

Please copy and paste the below information into the corresponding email fields and send:

TO

CC

Subject
Title 20 Notice of Noncompliance - CP15-078, 2500 Senter Road

Message
Director Freitas, Assistant Director Hughey,

The CUP for CP15-078 stated:

"Revocation, Suspension, Modification. This Conditional Use Permit may be revoked, suspended or modified by the Planning Commission, or the City Council on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code it finds:
  1. A violation of any conditions of the Conditional Use Permit was not abated, corrected or rectified within the time specified on the notice of violation; or
  2. A violation of any City ordinance or State law was not abated, corrected or rectified within the time specified on the notice of violation; or
  3. The use as presently conducted creates a nuisance."
The County of Santa Clara broke California State law when it demolished a church and removed multiple trees in October of 2015 without 300 ft notification to the residents prior.  This has not been resolved with the State of California to date.

I demand that the Planning Director issue a Notice of Noncompliance for violation of the Conditional Use Permit in accordance with Title 20, Part 2, Chapter 20.100, Title 20 of the San José Municipal Code - "A violation of any...State law was not abated, corrected or rectified..."


Yours sincerely,
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