The purpose of this chapter is to establish procedures and requirements
for the city’s consideration of development agreements upon
application by, or on behalf of, a property owner or other person
having a legal or equitable interest in the property which is to be
the subject of a development agreement. In adopting this chapter,
the city council has considered the general plan of the city of South
San Francisco, and the legislative findings and declarations set forth
in Section 65864 of the
Government Code.
(Ord. 909 § 1, 1982)
Pursuant to the provisions of Chapter 2.5 of Division 1 of Title
7 of the
Government Code (Section 65864 et seq.), the city council
is hereby authorized to enter into development agreements upon application
by, or on behalf of, a property owner or other person having a legal
or equitable interest in the property which is the subject of the
proposed agreement.
(Ord. 909 § 1, 1982)
Each application shall be accompanied by the form of development
agreement proposed by the applicant.
(Ord. 909 § 1, 1982)
The director of community development shall review the application
to determine whether or not it is complete. If it is found that the
application is complete, the director of community development shall
accept it for filing. If the application is found to be incomplete,
the director of community development shall refuse to accept the application
for filing and shall inform the applicant of the items necessary to
properly complete the application.
(Ord. 909 § 1, 1982)
Any public hearing held pursuant to the provisions of this chapter
shall be noticed as follows:
(a) Time and Manner of Notice. Notice shall be given at least ten calendar
days before the hearing in the following manner.
(1) Publication at least once in the Enterprise Journal, a newspaper
of general circulation, published and circulated in the city.
(2) Notice of the hearing shall be mailed or delivered at least 10 days
prior to the hearing to the owner of the subject real property or
the owner’s duly authorized agent, and to the project applicant.
(3) Notice of the hearing shall be mailed or delivered at least 10 days
prior to the hearing to each local agency expected to provide water,
sewage, streets, roads, schools, or other essential facilities or
services to the project, whose ability to provide those facilities
and services may be significantly affected.
(4) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the city clerk may utilize the records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or Subsection
(2) is greater than 1,000, the city clerk, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in the Enterprise Journal, a newspaper of general circulation within the City of South San Francisco at least 10 days prior to the hearing.
(5) If the notice is mailed or delivered pursuant to Subsection
(4), the notice shall also be posted at least 10 days prior to the hearing in at least three public places in the City of South San Francisco, including one public place in the area directly affected by the proceeding.
(b) Content of Notice. The notice required herein shall contain the following
information:
(1) The date, time and place of the hearing.
(2) The identity of the body conducting the hearing.
(3) A general explanation of the matter to be considered.
(4) A general description, in text or by diagram, of the location of
the real property that is the subject of the Development Agreement.
(5) Other information required by specific provision of these regulations
or which the city, through its department heads, may consider necessary
or desirable.
(c) Declaration of Existing Law. The notice requirements referred to in subsections
(a) and
(b) are declaratory of existing law (
Government Code Section 65867 and Sections 65090 and 65091 as referenced therein). If state law prescribes a different notice requirement, notice shall be given in that manner.
(d) Failure to Receive Notice. The failure of any person so entitled
to receive the notice required herein shall not affect the authority
of the city to enter into a development agreement.
(Ord. 909 § 1, 1982; Ord. 993 § 20, 1985)
The public hearing held pursuant to this chapter shall be conducted
as nearly as may be possible in accordance with the procedural standards
adopted under
Government Code Section 65804 for the conduct of zoning
hearings. Each person interested in the matter shall be given an opportunity
to be heard. The applicant shall have the burden of proof at the public
hearing on the proposed development agreement.
(Ord. 909 § 1, 1982)
No action, inaction or recommendation regarding the proposed
development agreement shall be held void or invalid, or be set aside
by a court by reason of any error, irregularity, informality, neglect
or omission, (“error”) as to any matter pertaining to
petition, application, notice, finding, record, hearing, report, recommendation,
or any matters of procedure whatever unless after an examination of
the entire case, including the evidence, the court is of the opinion
that the error complained of was prejudicial and that by reason of
the error the complaining party sustained and suffered substantial
injury, and that a different result would have been probable if the
error had not occurred or existed. There is no presumption that error
is prejudicial or that injury was done if error is shown.
(Ord. 909 § 1, 1982)
No development agreement may be approved by the city council
unless all of the following conditions are met:
(a) The city council must find that:
(1) The provisions of the agreement are consistent with the general plan
and any applicable specific plan; and
(2) The development agreement complies with all applicable zoning, subdivision,
and building regulations and with the general and any relevant specific
plan.
(b) The agreement must state:
(1) The specific duration of the agreement;
(2) The permitted uses of the property;
(3) The density and intensity of use;
(4) The maximum height and size of proposed buildings;
(5) Specific provisions for reservation or dedication of land for public
purposes.
(Ord. 909 § 1, 1982)
In adopting this chapter, the city council recognizes the fact
that a development agreement is a legislative act which is subject
to referendum. Therefore, notwithstanding the fact that the city council
adopts an ordinance approving a development agreement and causes said
agreement to be signed, said agreement shall be effective and shall
only create obligations on the part of the city from and after the
date that the ordinance approving said development agreement takes
effect.
(Ord. 909 § 1, 1982)
Either party may propose an amendment to or cancellation in whole or in part of a development agreement previously entered into. However, with the exception of modification or revocation pursuant to Sections
19.60.180 through
19.60.230, both parties must agree in writing to an amendment, or cancellation, of a development agreement before it shall be effective.
(Ord. 909 § 1, 1982)
The city council may establish the term of a development agreement
at the time said development agreement is approved by the city council.
(Ord. 909 § 1, 1982; Ord. 917 § 1, 1983; Ord. 1178 § 1, 1996)
Notice of periodic review shall be given as follows:
(a) Notice to Developer.
(1) The director of community development shall give the developer thirty
calendar days’ advance notice of annual review, by placing such
notice to the developer into the U.S. Mail, first class, postage prepaid,
and addressed to such address as the developer has listed in the development
agreement.
(2) The city clerk shall give the developer notice of a special review
in the same manner as provided in subsection A1 above for annual review.
(b) Notice to the Public. Public notice of annual or special reviews shall be accomplished as set forth in Section
19.60.070.
(Ord. 909 § 1, 1982)