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SAN LEANDRO ADMINISTRATIVE CODE TITLE 5 COMMUNITY DEVELOPMENT (ii) All persons shown on the last equalized assessment roll as owning the sub- ject real property and to the Developer responsible for the proposed devel- opment agreement; and (iii) Each local agency expected to provide water, fire, sewage, streets, roads, schools or other essential services or facilities to the subject property, whose ability to provide those facilities and services may be significantly affected. (e) Additional Notice. The Planning Commission or the City Council, as the case may be, may direct that notice of the public hearing shall be given in a manner that exceeds the notice re- quirements prescribed by state law. (f) Failure to Receive Notice. The failure of any person entitled to notice required by law or this Chapter does not affect the authority of the city to enter into a development agreement. (g) Declaration of Existing Law. The notice requirements set forth in subsections (c) and (d) are declaratory of existing law (California Government Code §65864, et seq.). If state law prescribes different notice requirements, subsequent to the adoption of this regulation, no- tice shall be given pursuant to such state law. §5.4.130: RULES GOVERNING CONDUCT OF HEARING. The public hearing shall be conducted as nearly as may be in accordance with such procedural standards as may be adopted for the conduct of zoning hearings. Each person interested in the mat- ter shall be given an opportunity to be heard. The Developer has the burden of proof at the public hearings on the proposed development agreement. §5.4.135: DETERMINATION BY PLANNING COMMISSION. After the hearing by the Planning Commission, the Planning Commission shall make its recom- mendation in writing to the City Council. The recommendation shall include the Planning Commis- sion's determination whether or not the proposed development agreement: (a) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan, the San Leandro Zoning Code, and any applicable specific plan; (b) Is compatible with the uses authorized in, and the regulations prescribed for, the zoning dis- trict in which the real property is located; (c) Is in conformity with public convenience, general welfare and good land use practice; (d) Will be detrimental to the health, safety and general welfare; and (e) Will adversely affect the orderly development of property or the preservation of property values. The recommendation shall include the reasons for the recommendation. Department Responsible for Revision: Community Development Chapter 5.4 11/21/2005 Page 3