The purpose of this chapter is to provide a process for Development Plan Review, assuring that large-scale development will achieve the goals and policies of the General Plan and other applicable plans; that circulation components will interconnect with the overall circulation network; and that the over-all site, building, landscaping, circulation and architectural design of the buildings will make a positive contribution to the City.
(Ord. 2020-012 § 3)
Development plan approval is required for development on sites of five or more acres in the B-TOD District prior to obtaining any subdivision, site plan review, or other zoning permit approval.
(Ord. 2020-012 § 3)
The Planning Commission shall review and approve, conditionally approve, or disapprove applications for development plans based on consideration of the requirements of this chapter.
(Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)
Applications seeking Development Plan approval shall submit an application with the following information:
A. 
A completed application form, signed by the property owner or authorized agent, accompanied by the required fee, copies of deeds, any required powers of attorney, plans and mapping documentation, or other information required on the application or deemed necessary by the Zoning Enforcement Official to assume the completion of the application, in the form prescribed by the Zoning Enforcement Official;
B. 
A vicinity map showing the location and street address of the development site.
(Ord. 2020-012 § 3)
A. 
Public Hearing Required. The Planning Commission shall hold a public hearing on an application for a development plan.
B. 
Notice. Notice of the hearing shall be given in the following manner:
1. 
Mailed or Delivered Notice. At least ten days prior to the hearing, notice shall be: (a) mailed to the owner of the subject real property or the owner's duly authorized agent, and the applicant; (b) all owners of property within 500 feet of the boundaries of the site, as shown on the last equalized property tax assessment roll or the records of the County Assessor or Tax Collector, which contain more recent information than the assessment roll; and (c) any agency as required by Government Code Section 65091.
2. 
Published Notice. Notice shall be published once in a newspaper of general circulation in San Leandro at least ten days prior to the hearing.
3. 
Proceeding Valid. No proceeding in connection with the hearing shall be invalidated by failure to send notice where the address of the owner is not a matter of public record or by failure to post public notices or by failure to receive any notice.
4. 
Supplemental On-Site Notice. For development plans that the Zoning Enforcement Official determines may have a significant impact on adjacent uses or may generate significant public concerns, the Director may require that the applicant and/or property owner erect an on-site public notice sign, minimum three feet by five feet in size and six feet in height that provides a description of the proposed development, the date, time, and place of scheduled public hearing(s), the name of the proponent, and other information as required to clarify the proposal. Such sign shall be subject to review and approval of the Community Development Director and shall be installed at a prominent location on the site a minimum of ten days prior to the scheduled public hearing.
C. 
Contents of Notice. The notice of public hearing shall contain:
1. 
A description of the location of the development site and the purpose of the application;
2. 
A statement of the time, place, and purpose of the public hearing;
3. 
A reference to application materials on file for detailed information; and
4. 
A statement that any interested person or an authorized agent may appear and be heard.
(Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)
A. 
Public Hearing. The Planning Commission shall conduct the public hearing, which may be continued from time to time, and hear testimony for and against the application.
B. 
Decision and Notice. After the close of the public hearing, the Commission shall approve, conditionally approve, or deny the application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within seven days of the date of the action ratifying the decision.
(Ord. 2020-012 § 3)
An application for a development plan as it was applied for or in modified form as required by the Commission, shall be approved if, on the basis of the application, plans, materials, and testimony submitted, the Commission finds:
A. 
The proposed development plan is allowed within the applicable district and complies with all other applicable provisions of this Code and the San Leandro Municipal Code;
B. 
The proposed development plan is consistent with the General Plan and any applicable specific plan;
C. 
The proposed development plan will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. 
The design, location, size, and operating characteristics of the proposed development plan are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
E. 
The site is physically suitable for the type of use(s) being proposed, including access, utilities, and the absence of physical constraints.
(Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)
In approving a development plan, reasonable conditions may be imposed as necessary to:
A. 
Achieve the general purposes of this Code or the specific purposes of the zoning district in which the site is located or to make it consistent with the General Plan and any applicable specific plan;
B. 
Protect the public health, safety, and general welfare;
C. 
Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; or
D. 
Prevent or mitigate potential adverse effects on the environment.
(Ord. 2020-012 § 3)
A development plan shall become effective 15 days after action by the Planning Commission, unless appealed to the City Council in accord with Chapter 5.20 Appeals.
(Ord. 2020-012 § 3; Ord. 2024-011, 7/15/2024)
A. 
Lapse of Approval. A development plan shall lapse after two years, or at an alternative time specified as a condition of approval, after its date of approval unless:
1. 
A building permit has been issued, coupled with diligent progress evidencing a good faith intent to commence the intended use; or
2. 
A certificate of occupancy has been issued; or
3. 
The approval is renewed, as provided for below.
B. 
Transferability. The validity of a development plan shall not be affected by changes in ownership or proprietorship.
C. 
Revocation. A development plan that is exercised in violation of a condition of approval or a provision of this Code may be revoked, as provided in Section 5.24.108 Revocation of Discretionary Permits.
D. 
Extensions. Upon written request by the applicant, the Zoning Enforcement Official may extend a development plan without notice or public hearing for a period of not to exceed two years if it is found that:
1. 
The requested extension and development plan are consistent with the General Plan and any applicable specific plans;
2. 
The findings required by Section 5.14.124 remain valid; and
3. 
There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.
(Ord. 2020-012 § 3)
A. 
Changed Plans. The Zoning Enforcement Official may approve changes to approved plans or in conditions of approval without a public hearing upon determining that the changes in conditions are minor and consistent with the intent of the original approval. Revisions involving substantial changes in project design or conditions of approval shall be treated as new applications.
B. 
New Application. If an application for a development plan is disapproved, no new application for the same or substantially the same, development plan shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.
(Ord. 2020-012 § 3)