Alameda Municipal Code § 30-92 Procedure for Review

a. The City shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.

b. The City may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application.

(Ord. No. 2189 N.S.)

The Planning Director shall review the application and may reject it if it is incomplete or inaccurate for processing. The application shall be accepted for filing when the City Manager approves a proposed development agreement and the Planning Director determines that the agreement, as proposed or in an amended form, would be consistent with the General Plan and other regulations prescribed for the use of land.

(Ord. No. 2189 N.S.)

a. The time and manner of giving notice shall be as prescribed in the Government Code for amendments to the zoning regulations.

b. The notice of intention to consider adoption of the development agreement shall contain:

1. The time and place of the hearing.

2. A general explanation of the matter to be considered, including a general description of the area to be affected; and

3. Other information required by law or which the Planning Director considers necessary or desirable.

c. The failure of any person entitled to notice to receive such notice does not affect the authority of the City to enter into a development agreement.

(Ord. No. 2189 N.S.)

a. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards prescribed in the Government Code for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

b. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by the 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 not a presumption that error is prejudicial or that injury was done if error is shown.

(Ord. No. 2189 N.S.)

The Planning Board shall hold a public hearing on the application and shall make its recommendation and reasons therefor in writing to the City Council. The recommendation shall include the Planning Board's determination whether or not the development agreement proposed:

a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan; and

b. Is compatible with the uses authorized in, and the other regulations prescribed for, the use of land.

(Ord. No. 2189 N.S.)