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HomeMy WebLinkAboutOrd 552-1966 ORDINANCE NO. 552 AN O1/DINANCE OF TIlE CITY OF SOOTH SAN FRANCISCO AMENDING SECTIONS 6.1, 6.2, 6.3 AND SUBSECTIONS THEREOF OF ORDINANCE N0.353 AS AMENDED ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRAN- CISCO'' PASSED AND ADOPTED AUGUST 10, 1954 The City Council of the City of South San Francisco does or- dain as follows: I. AMENDMENTS OF SECTIONS 6.1, 6.2, 6.3 AND SUBSECTIONS THEREOF OF ORDINANCE N0.353 AS AMENDED: Sections 6.1, 6.2, 6.3 and Subsections thereof of Ordin- ance No.353 as amended entitled "Zoning Ordinance of the City of South San Francisco" passed and adopted August 10, 1954, are here- by amended so that as amended ~he~ shall read as follows:. SECTION 6. PERMITS, VARIANCES AND AMENDMENTS 6.1 Zoning Permits: ZOning permits shall be required for all buildings and struc- tures hereinafter erected, constructed, altered, repaired, or moved within or into any district established by this ordinance. Such permit may be a part of the building permit. 6.2 Use Permits: Use permits, revocable, conditional, or valid for a term period may, in accordance with the provisions of this subsection, be issued or denied for any of the uses or purposes for which said permits are required or permitted by the terms of this ordinance. 6.21 Applications: (a) Applications for use permits may be made only by an interested party and shall be made to the Planning Co~mission and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of building. Such applic- ations shall be accompanied by a fee o£1~enty Dollars (~20.00) each. (b) ~hen an application is filed, the City Planner shall make an investigation and review of said application. Upon completion of the investigation and review, the City Planner shall set a public hearing before the Planning Com- mission on said application. 6.22 Public Hearings: (a) Publication: Notice of the public hearing shall be published once in a newspaper of general circulation print- ed and published in the City of South San Francisco not less than ten days prier to the date set for the hearing. (b) Posting: Notice of the public hearing shall be posted on the property which is subject of the application, or adjacent thereto, not less than ten days prSer to the date set for such hearing. 6.23 Action by Commission: (a) In order for the Planning Commission to grant a use permit, the findings of the Planning Commission shall be to the effect that the establishment, maintenance, operation or the use of the building for which a permit is sought will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, and will not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city. Where a use permit is requelted for a Planned Unit Development , findings shall also be made on the matters required to be set forth in the application; on the Planned Unit Development's conformity to the relevant provisions of Sections 5.?2, 5.73 and 5.74, and as set forth below in order for the Planning Commission to grant the use permit. 1. In case of residential development in districts other than P-C Districts that the total parcel area is not less than ninety per cent (90%) of that normally required in the District in which located for the same number of dwelling units of equivalent sises. 2. That yards are provided along the parcel lines bounding such Planned Unit Development not less in di- mension than otherwise required in the District in which situated. 3. That the spacing between main buildings is at least equivalent to the spacing which would be re- quired between buildings similarly developed under the terms of the Ordinance on separate parcels, due con- sideration being given~to building height and to the openness normally afforded by intervening streets and alleys. 4. Buildings exceeding in height the limit nor- mally permitted in the District are so located on the parcel as to obviate the casting of unbroken shadows on adjoining parcels. 5. That the proposed development is designed to produce an environment of stable and desirable character. 6. That the proposed development includes pro- vision for recreation areas to meet the anticipated needs of the population or such areas as may be speci- fied in the Master Plan or in the approved General Development Plan and Schedule for the P-C District. 7. That the enforceable adequate method and pro- gram for construction, installation and maintenance of landscaped open areas has been developed and pre- sented. 8. That for any development in a P-C District the Planned Unit Development conforms to the terms of the Ordinance establishing the district and where not in conflict therewith, the provisions of the General Development Plan and Schedule for the District. (b) The Planning Commission may grant the permit by Resolution or Motion and designate such conditions in con- nection with the issuance of a Use Permit, as it deems neces- sary in order to fulfill the purposes of this Ordinance and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (c) The City Planner shall file with the City Council a report of the determination and action of the Planning Commission. 6.24 Appeal: (a) The applicant or any other person affected by the determination of the Planning Co-mission may file an appeal with the City Council, provided said appeal is filed in ~r~iting within ten days after said determination. City Council may on its o~ motion, within the ten-day period, order that a determination of the Planning Commission stand appealed. (b) The City Council shall set a date for hearing said appeal. Notice of said hearing shall be given to the applicant and party filing the appeal. Notice of such appeal shall also be given to the Planning Com~tssion, and the Planning Comatssion shall submit a report to the City Council setting forth the reasons for the action taken by the Commission. In addition, the Planning Commission may be represented at the hearing. (c) The City Council shall render its decision within sixty (60) days after the hearing on said appeal. 6.25 Action by City Council: (a) The City Council may: 1. Continue the hearing and request a supple- mental report from the Plan/ing Commission or City Planner, in which event the City Council may extend the ti~e for rendering the decision as set forth in Sec. 6.24(a) an additional thirty (30) days. 2. Approve the grant of the Use Per,it, provided the Council finds that the use ~hich is sought ~r~11 not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and will not be detrimental or injurious to property and improvements in the neighborhoodand to the general welfare of the City. 3. Disapprove the grant of the Use Permit; pro- vided the Council finds that the use which is sought will under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and will be detrimental or injurious to property and provements in the neighborhood and to the general wel- fare of the City. 4. Modify the grant of the Use Permit, provided that the Council makes findings as set forth in 2. above. (b) The City Council may designate such other or addi- tional qualifications amd conditions in connection with the use permit as it deems necessary or advisable in order to fulfill the purposes of Chis ordinance, and it may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (c) The City Council's action may be by motion or resolution. The City Clerk shall file with the Planning Commission a report of the action of the City Council. 6.26 Effect: No building or zoning permit shall be issued except in accordance with the terms and conditions of the Use Permit. 6.3 Variances: Where practical difficulties, Unnecessary hardships and re- suits inconsistent with the general purpose of this ordinance may result from the strict application of certain provisions thereofs variance permits may be granted as provided in this section. 6.31 Applications: (a) Applications for variance permits may be made only by an interested party and shall be in writing on a form pre- scribed by the Planning Commission and shall .be accompanied by a fee of twenty Dollars ($20.00) and a written s~atement, plans and evidence showing: 1. That there are exceptional or extraordinary circumstances or conditions applying to the land, build- ing, or use referred to in the application, which cir- cumstances or conditions do not apply generally to land, buildings ot uses in the same district. 2. That the granting of the application is necessary for the preservation and enjoyment of sub- stantial property rights of the petitioner. 3. That the granting of the application will not, under the circumstances of the particular case, materi- ally affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improve- merits in said neighborhood. (b) When an application is filed, the Planning O~£icer shall make an investigation and review of said application, Upon completion of the investigation and review, the Planning Officer shall set a public hearing before the Planning Com- mission on said application. 6.32 Public Hearin~s: (a) Publication: Notice of the public hearing shall be published once in a newspaper of general circulation print- ed and published in the City of South San Francisco not less than ten days prior to the date set for the hearing. (b) PostinR: Notice of the public hearing shall be posted on the property which is subject of the application, or adjacent thereto, not less than ten days prior to the date set for such hearing. 0 6.33 Action by Commission: (a) After the conclusion of the public hearing, the Planning Commission shall make written findings of fact show- ing whether the qualifications under Section~ 6.31(a) apply to land, building or use for which a variance is sought, and whether such variance will be in harmony with the general pur- pose of this Ordinance. Then the Planning Commission may by Resolution orMotion grant or deny the variance. The Planning Commission may designate such conditions in connection with the variance as it deems necessary to fulfill the purposes of this Ordinance and may require reasonable guarantees and evi- dence that such conditions are being or will be complied with. (b) The City Planner shall file with the City Council a report of the determination and action of the Planning Com- mission. 6.34 A~peals, Action by City Council: (a) Appeal: The applicant or any other person affect- ed by the determination of the Plan~ing Commission may file an appeal with the City Council, provided said appeal is filed in writing within ten days after said determination. The City Council may on its own Motion, within the ten-day period, order that a determination of the Planning Commission stand appealed. (b) HearinR: The City Council shall set a date for hearing said appeal. Notice of said hearing shall be given to the applicant and party filing the appeal. No- tice o[ such appeal shall also be given to the Planning Commission, and the Planning Commission shall submit a report to the City Council setting forth the reasons for the action taken by the Co~ission. In addition, the Planning Co~mission may be represented at the hearing. The City Council shall r~nder its decision within sixty (60) days after the hearing on said appeal. (c) Actions: The City Council 1. Continue the hearing and request a supple- mental report from the Planning Commission or City Planner, in which event the City Council my extend the time for rendering the decision set forth in Sec. 6.34(b) an additional thirty (30) days. 2. Approve the grant of the variance upon find- ing that the qualifications under Sec. 6.31(a)apply to the lands building or use for which a variance is sought and whether such variance will be in harmony with the general purpose of this ordinance. The City Council may designate such conditions in connection with the variance as it deems necessary to fulfill the p~sposes of this ordinance and may require reason- able guarantees and evidence that such conditions are being or will be co~plied with. 10. 3. Disapprove the grant of the variance upon findin.g that the qualifications under Section 6.31(a) do not apply to the lands buildin§ or use for which the variance is sought and that it will not be in har- mony with the general purpose of this ordinance. 4. Modify the grant of the variance upon making the findings set forth in 2. above. (d) The City Councilts action may be by motion or resolution. The City Clerk shall file with the Planning Commission a report of the action of the City Council. 6.35 Effect: No building or zoning permit shall be issued except in accordance with the terms and conditions of the variance. II. PUBLICATION AND EFFECTIVE DATE: This Ordinance shall be published once, as required by law, in the "Enterprise-Journal", a newspaper of general circul- ation published in the City of South San Francisco, and shall take effect and be in force thirty (30) days from and after its adoption. Introduced this 1st day of Auqust , 19 66 · Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting o~ the City Council of the City of South San Francisco this 15th day of August , 19 66 , by the following vote: AYES, COUNCII~N Frank J. Bertucelli, ~milio Gortest, Andrew Rocca and Guido J. Rozzi I! NOES, None ABSENT, " Patrick ~. Ah~rn City Elerk As Mayor of the City of South San Francisco, I do hereby ap- prove the foregoing Ordinance this 15th day of August , 12.