Note: For the statutory provision regarding development agreements, see Government Code Section 65864 et seq.
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)
A. 
A developer wishing to enter into a development agreement with the city shall submit to the director of community development a written application on a form provided by the director of community development.
B. 
The director of community development may require the developer to submit such additional information and supporting data as may be considered necessary to properly evaluate the proposed development agreement.
C. 
The written application required herein shall be accompanied by a nonrefundable processing fee in an amount as set by resolution of the city council.
(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)
A. 
The director of community development shall refer all applications for development agreements to the planning commission for a public hearing.
B. 
Upon receipt of the application, the planning commission shall set a date for the public hearing.
C. 
The director of community development shall insure that the public is given proper notice of said public hearing in accordance with Section 19.60.070.
(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)
A. 
After the hearing by the planning commission, the planning commission shall forward its written recommendation and the application to the city council. The recommendation shall include the planning commission’s determination of whether or not the development agreement proposed:
1. 
Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. 
Is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located;
3. 
Is in conformity with public convenience, general welfare and good land use practice;
4. 
Will be detrimental to the health, safety and general welfare;
5. 
Will adversely affect the orderly development of property or the preservation of property valued.
B. 
The recommendation shall include the factual bases for said determinations.
(Ord. 909 § 1, 1982)
A. 
Upon receipt of the application and the written recommendation of the planning commission, the city council shall set a date for a public hearing on the matter.
B. 
The city clerk shall insure that the public is given notice of the public hearing in accordance with Section 19.60.070.
C. 
The public hearing shall be conducted as required by Section 19.60.080.
(Ord. 909 § 1, 1982)
(a) 
After the public hearing, the city council may approve, modify or disapprove the recommendation of the planning commission. It may refer back to the planning commission, for report and recommendation, matters not previously considered by the planning commission.
(b) 
Upon receipt of a referral as set forth in subsection A, the planning commission, without further public hearing, shall consider the new matters and report its recommendations in writing to the city council within forty days after receipt of said referral. Failure to act within the forty-day limit shall constitute a favorable endorsement on the matters set forth in the referral.
(c) 
If the city council approves the development agreement it shall do so by ordinance.
(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)
(a) 
The procedure for proposing an adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance as outlined in this chapter.
(b) 
However, where the city council initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least fifteen calendar days in advance of the giving of notice of the public hearing regarding the amendment or cancellation pursuant to Section 19.60.070.
(Ord. 909 § 1, 1982)
(a) 
Within ten days after the effective date of the development agreement, the city clerk shall have the agreement recorded with the county recorder.
(b) 
If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.
(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)
(a) 
Notwithstanding the provisions of Section 19.60.180, periodic reviews of the development agreement shall be conducted as follows:
(1) 
The city council shall review the development agreement at least once every twelve months after the effective date of the adopting ordinance (hereinafter “annual review”).
(2) 
The city council may, on its own motion or on the advice of the city manager, review the development agreement more often than once every twelve months as it is deemed necessary (hereinafter “special review”).
(3) 
The city council may delegate or refer the periodic review of the development agreement to the planning commission or to the city manager or his designated representative.
(Ord. 917 § 2, 1983)
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)
A. 
Any periodic review conducted pursuant to Section 19.60.180 shall be accomplished in the form of a public hearing as required by Section 19.60.080.
B. 
The burden shall be on the developer, or his successor in interest, to demonstrate good-faith compliance with the terms of the agreement.
C. 
At the conclusion of the public hearing, the city council shall make findings regarding whether or not the developer has, for the period under review, complied in good faith with the terms and conditions of the agreement.
(Ord. 909 § 1, 1982)
A. 
If the city council finds and determines on the basis of the evidence given that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period shall be concluded.
B. 
If the city council finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the council may modify or terminate the agreement.
C. 
If the periodic review has been referred by the city council to the planning commission or to the city manager or his designated representative, the determination resulting from said review shall be appealable in writing to the city council within ten calendar days after the final action. A hearing shall be conducted in accordance with the city council’s rules for consideration of appeals.
D. 
If the periodic review is conducted by the city council, the determination resulting from said review shall be deemed to be final for all purposes.
(Ord. 909 § 1, 1982)
A. 
If, upon a finding pursuant to Section 19.60.230B, the city determines to proceed with modification or termination of the agreement, the city shall set a hearing date and give notice to the property owner and the public of the hearing. Said notice shall be given in the manner set forth in Sections 19.60.190 and 19.60.070.
B. 
In addition to the informational content required by Sections 19.60.190 and 19.60.070, the notice required by this section shall contain:
1. 
A statement concerning whether the city proposes to terminate or to modify the development agreement;
2. 
Other information which the city considers necessary to inform the property owner of the nature of the proceedings.
(Ord. 909 § 1, 1982)
A. 
Any public hearing on the subject of modification or termination of the agreement based upon a periodic review, shall be conducted in the manner prescribed by Section 19.60.080.
B. 
Upon concluding said hearing, the city council may take whatever action it deems necessary to protect the interests of the city.
C. 
The decision of the city council shall be final.
(Ord. 909 § 1, 1982)