This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this Ordinance unless superseded by specific requirement of this Ordinance or State law.
(Ord. 1432 § 2, 2010)
B.
Application Forms and Materials.
1.
Application Forms. The Chief Planner shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Ordinance.
2.
Supporting Materials. The Chief Planner may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project. The Chief Planner may require sufficient information to permit the City to determine the level of environmental review that shall be required pursuant to the California Environmental Quality Act and the City’s adopted environmental review guidelines.
3.
Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost to be established annually through City Council resolution.
C.
Application Fees.
1.
Schedule of Fees. The City Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items. Applications for permits shall be accompanied by the required fees. Payment of the fee is required in order for an application to be complete under the Permit Streamlining Act. No application shall be processed without payment of a fee unless a fee waiver has been approved subject to any applicable provision of the Municipal Code.
2.
Multiple Applications. The City’s processing fees are cumulative. For example, if an application for Design Review also includes a Conditional Use Permit, both fees shall be charged.
3.
Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Municipal Code.
4.
Refund of Fees. If an application is withdrawn prior to a decision, the applicant may be eligible to receive a refund of a portion of the fee. The Chief Planner shall determine the amount of the refund based on the level of staff review conducted to date. No refund shall be made for any application that has been denied.
(Ord. 1432 § 2, 2010)
Pre-application review is an optional review process that is intended to provide information on relevant General or Specific Plan policies, zoning regulations, and procedures related to projects that will be subject to discretionary approvals, including both legislative and quasi-judicial decisions, pursuant to the Zoning Ordinance. This review is intended for large or complex projects and projects that are potentially controversial.
A.
Application Forms. The Chief Planner shall prepare and issue application forms and lists that specify the information that will be required from applicants for pre-application review. No application will be accepted for pre-application review without submission of materials that the Chief Planner has determined necessary to conduct such review.
B.
Payment of Fee. No application will be accepted for pre-application review without payment of a fee established by resolution of the City Council.
C.
Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Chief Planner has received an application for approval of a development project pursuant to this Ordinance and has reviewed the application and determined it to be complete in compliance with the requirements of Section 20.450.004 (“Review of Applications”).
D.
Review Procedure. The Planning Division shall conduct pre-application review. The Chief Planner may consult with or request review by any City agency or official with interest in the application.
E.
Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review shall be considered advisory only and shall not be binding on either the applicant or the City.
(Ord. 1432 § 2, 2010)
A.
Review Process. The Chief Planner shall determine whether an application is complete within 30 days of the date the application is filed with the required fee.
B.
Incomplete Application. If an application is incomplete, the Chief Planner shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.
1.
Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Ordinance or any permit or other approval granted in compliance with this Ordinance, unless the proposed project includes the correction of the violations.
2.
Appeal of Determination. Determinations of incompleteness are subject to the appeal provisions of Chapter 20.570 (“Appeals and Calls for Review”), except there shall be a final written determination on the appeal not later than 60 calendar days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and to the City Council does not extend the 60-day period.
3.
Submittal of Additional Information. The applicant shall provide the additional information specified in writing by the Chief Planner. The written notification shall specify the deadline for submittal of the additional information, which must be no sooner than 30 days. The Chief Planner may grant one extension of up to 90 days.
4.
Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified deadline in Chief Planner’s notification, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
C.
Complete Application. When an application is determined to be complete the Chief Planner shall make a record of that date. If an application requires a public hearing, the Chief Planner shall schedule it and notify the applicant of the date and time.
D.
Extensions. The Chief Planner may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Ordinance in compliance with applicable provisions of State law.
(Ord. 1432 § 2, 2010)
Unless otherwise specified, whenever the provisions of this Ordinance require public notice, notification shall be provided in compliance with the requirements of State law and as follows.
A.
Mailed Notice. At least 10 days before the date of the public hearing or 15 days before the date of action when no public hearing is required, the Chief Planner, or the City Clerk for hearings before the City Council, shall provide notice by First Class mail delivery to:
1.
The applicant, the owner, and any occupant of the subject property;
2.
All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role or a larger radius if deemed necessary by the Chief Planner in order to provide adequate public notification. In lieu of the assessment roll, the records of the County Assessor or Tax Collector which contain more recent information than the assessment role may be used;
3.
All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located;
4.
The South San Francisco Unified School District and any other local agency expected to provide water, wastewater treatment, streets, roads, schools, or other essential facilities or services to the project; and
5.
Any person or group who has filed a written request for notice regarding the specific application and has paid any required fee that the City Council has adopted to provide such service.
B.
Posted Notice. Notices shall be posted at three public places within the City of South San Francisco. The notice shall include all of the information listed in subsection E below.
C.
Newspaper Notice. At least 10 days before the date of the public hearing or the date of action when no public hearing is required, the Chief Planner or the City Clerk for hearings before the City Council, shall provide notice by at least one publication in a newspaper of general circulation published in the City.
D.
Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Chief Planner or City Clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least 10 days prior to the hearing.
E.
Contents of Notice. The notice shall include the following information:
1.
The location of the real property, if any, that is the subject of the application;
2.
A general description of the proposed project or action;
3.
The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;
4.
The identity of the hearing body or officer;
5.
The names of the applicant and the owner of the property that is the subject of the application;
6.
The location and times at which the complete application and project file may be viewed by the public;
7.
A statement that any interested person or authorized agent may appear and be heard; and
8.
A statement describing how to submit written comments.
F.
Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive such mailed notice.
G.
Summary Table. Table 20.450.005 below summarizes noticing requirements of actions under this Ordinance. Letters in the right hand column refer to subsections above.
Table 20.450.005 Hearing Scheduling Responsibilities and Notice Requirements | ||
|---|---|---|
Application or Action Type | Scheduling Responsibility | Required Notice |
Type One: Ministerial Actions | ||
Site Clearance Sign Permit Interpretations Minor Changes to an Approved Permit | N/A | N/A |
Type Two: Discretionary Quasi-Judicial Actions | ||
Substitution of Nonconforming Use | N/A | N/A |
Waiver from Dimensional Standards | N/A | N/A |
Parking District Parking Exceptions | Chief Planner | A, B, and C |
Temp. Use Permits | N/A | N/A |
Design Review | Chief Planner | Same as underlying permit If no other discretionary action, notice shall be posted in the Planning Division at least 10 days prior to the date of action. |
Negative Declaration | Chief Planner | Same as underlying permit |
Master Sign Program | Chief Planner | Same as underlying permit |
Minor Use Permits | Chief Planner | A, B, and C |
Conditional Use Permits | Chief Planner | A, B, and C |
Variances | Chief Planner | A, B, and C |
Appeals | Planning Commission Hearing: Chief Planner | A, B, and C |
City Council Hearing City Clerk | A, B, and C | |
Transportation Demand Management Plan | Chief Planner | Same as underlying permit If no other discretionary action, notice shall be posted in the Planning Division at least 10 days prior to the date of action. |
Type Three: Discretionary Legislative Actions | ||
Specific Plans and Plan Amendments General Plan Text and Map Amendments Zoning Ordinance and Map Amendments Prezoning | Planning Commission Hearing: Chief Planner | C; A, B, and C if permitted uses of real property are affected. |
City Council Hearing City Clerk | C | |
(Ord. 1432 § 2, 2010; Ord. 1529 § 2, 2017; Ord. 1585 § 2, 2019; Ord. 1649, 10/11/2023)
Whenever the provisions of this division require a public hearing, the hearing shall be conducted in compliance with the requirements of State law and as follows.
A.
Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body and available from the Planning Division. Hearings need not be conducted according to technical rules relating to evidence and witnesses unless this ordinance specifies otherwise. Any relevant information shall be considered if it is the type of information upon which responsible persons are accustomed to rely in the conduct of serious affairs.
B.
Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Chief Planner.
C.
Presentation. An applicant, or an applicant’s representative may make a presentation of a proposed project.
D.
Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization is encouraged to identify the organization being represented.
E.
Time Limits. The presiding officer may establish time limits for individual testimony and may require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
F.
Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.
G.
Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by members of its staff or its agents or employees. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.
H.
Decision. The public hearing must be closed before a vote is taken.
(Ord. 1432 § 2, 2010)
When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Ordinance, the responsible authority shall issue a Notice of Action and make findings of fact as required by this Ordinance.
A.
Date of Action. The responsible authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period required by this Ordinance.
B.
Notice of Action. After the Chief Planner or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Ordinance, the Chief Planner shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The Chief Planner shall file the Notice with the City Council and City Clerk and mail the Notice to the applicant at the mailing address stated in the application and to any other person or entity that has filed a written request of such notification with the Planning Division.
C.
Findings. Findings, when required by State law or this Ordinance, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution by the decision-making authority. The findings shall be set forth in the Notice of Action that the City issues following an appealable decision by the Chief Planner or Planning Commission and in the resolution the City Council adopts following action pursuant to this Ordinance.
(Ord. 1432 § 2, 2010)
A.
Disclosure of Communications. Any official who receives an ex parte communication, or engages in any other exchange of information covered by this section or who participates in a site visit shall place the communication in the public record or shall enter into the record a statement describing the time, place, and content of the communication.
B.
Applicability. Ex parte communications are oral or written, off-the-record communications made to or by members of the Commission or Council with applicants, neighbors, or other interested parties. Such contacts include, but are not limited to, one-on-one meetings, site visits, discussions, telephone calls, or e-mail messages that occur outside of a public meeting of the body on which the City official serves at which the matter discussed has been publicly noticed. The provisions of this section also apply to meetings between ad hoc committees including less than a majority of the body’s total membership that the Planning Commission or the City Council may establish to meet with applicants and/or surrounding property owners on a particular application.
C.
Exceptions. Ex parte communications do not include communications between City staff and elected or appointed City officials acting in their official capacity, the receipt of expert opinion, or the review of mail and other correspondence relating to the proceedings.
D.
Effect. Actions taken by the decision-making body are not invalidated by the occurrence of ex parte communication.
(Ord. 1432 § 2, 2010)
A.
Scope. Any approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. The approved use and/or construction is subject to, and shall comply with, all applicable City ordinances and laws and regulations of other governmental agencies. Unless otherwise specified therein, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B.
Conditions of Approval. Unless otherwise specified or required by the Chief Planner, Planning Commission, or City Council, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or insures that he or she will comply with permit’s plans and conditions in all respects.
C.
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the Conditional Use Permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
(Ord. 1432 § 2, 2010)
A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the 16th day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the 15-day period may be waived.
(Ord. 1432 § 2, 2010)
A.
Unless a time extension is approved pursuant to subsection B below, any use permit, design review approval, variance or other discretionary approval granted in accordance with the terms of this Ordinance shall automatically expire if building permits have not been issued within two years from the date of final approval.
B.
A time extension not exceeding one year beyond the initial two-year period may be requested by applying to the Chief Planner prior to the expiration date of the permit. In no case shall the expiration period extend more than three years from the date of final approval. After that time, a new application shall be required.
C.
The Chief Planner shall refer an extension request to the Chief Building Official, Fire Chief, Police Chief, and Public Works Director or other affected City Department for their review and recommendation prior to decision.
D.
In order for the Chief Planner to grant an extension pursuant to subsection C above, it shall find:
1.
That the permit holder has clearly documented that it has made a good faith effort to commence work upon the use;
2.
That it is in the best interest of the City to extend the permit; and
3.
That there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act.
(Ord. 1432 § 2, 2010)
No change in the use or structure for which a permit or other approval has been issued is permitted unless the Chief Planner or Planning Commission modifies the permit as provided for in this Ordinance. For the purpose of this section, the modification of a permit may include modification of a design review approval.
A.
Modification Required. Unless specifically authorized in the original approval, changes that require permit modification include, but are not limited to, the following:
1.
Expanding the floor or land area devoted to the approved use or uses;
2.
Expanding the floor area devoted to customer service and/or increase in the number of customer seats;
3.
Changing a building’s occupant load rating under the City’s Building Code so that it is classified in a different category with a higher occupancy rating;
4.
Increasing the number of employees, beds, hours of operation, rooms or entrances; or
B.
Procedure. Modifications shall be processed in the same manner in which the original permit was processed and approved except the Chief Planner may approve minor modifications to approved plans that are consistent with the original findings and conditions approved by the Chief Planner or the Planning Commission and would not intensify any potentially detrimental effects of the project.
C.
Timing. The Planning Commission or Chief Planner may approve modifications to plans before a use is established or construction has been approved without a public hearing or may set the matter for a public hearing pursuant to the requirements of this Ordinance.
(Ord. 1432 § 2, 2010)
A.
Agree to Defend, Indemnify, and Hold Harmless. When submitting an application for a discretionary approval in compliance with this Ordinance, except for those identified in subsection B, below, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the City of South San Francisco and its agents, officers, and employees from any action, claim, or proceeding brought against the City or its agents, officers, or employees which challenges the validity of any approval by the City, its agencies, boards, Commission, or Council. The indemnification shall apply to any attorney fees, costs of suit, damages, or other expenses awarded against the City, its agents, officers, and employees in connection with the action.
B.
Exceptions. Indemnification is not required for the following:
C.
Notification. In the event that an action, claim, or proceeding described in subsection A, above, is initiated against the City, the City shall promptly notify the applicant and property owner of the existence of the action, claim, or proceeding, and shall cooperate fully in the defense.
D.
City Participation. Nothing in this section shall prohibit the City from participating in the defense of any claim.
(Ord. 1432 § 2, 2010; Ord. 1469 § 1, 2013)