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unless superseded by specific requirement of this Ordinance or State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)
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)
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 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)
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
5. Establishing a new product line, service, function or activity so as to change the use as defined in Chapter
20.620 (“Use Classifications”) or as defined in the
California Building Code.
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:
1. Design changes that do not alter existing setbacks or the footprint
of the structure;
3. Temporary Use Permits for seasonal outdoor sales; and
4. Other minor applications, which are exempted in writing by the Chief
Planner.
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)