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Home My WebLink AboutOrd 893-1982ORDINANCE NO. 893-82 AN ORDINANCE AMENDING CHAPTER 20.80 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6 OF ORDINANCE NO. 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO"' THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF SECTION 20.80.060B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.24B OF ORDINANCE NO. 353, AS AMENDED. Section 20.80.060B of the South San Francisco Municipal Code and Section 6.24B of Ordinance No. 353, as amended, are hereby amended to read as follows: "The city council shall set a date for hearing the appeal. Notice of the hearing shall be given in the manner provided in Section 20.80.040 herein and to the applicant and party filing the appeal. Notice of 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 com- mission. In addition, the planning commission may be represented at the hearing." SECTION 2. AMENDMENT OF SECTION 20.80.100A OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.31A OF ORDINANCE NO. 353, AS AMENDED. Section 20.80.100A of the South San Francisco Municipal Code and Section 6.31A of Ordinance No. 353, as amended, are hereby amended to read as follows: "Applications for variance permits may be made only by an interested party and shall be in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee as set forth in Chapter 20.90, no part of which shall be refundable. Such application shall be accompanied by a written statement, plans CEi~TRAL RECORD~ and evidence showing: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the provisions of this title would deprive such property of privi- leges enjoyed by other property in the vicinity and under identical zoning classi- fication; and 2. That the granting of the variance is necessary for the reasonable use of the property and that the variance granted is the minimum variance that will accomplish this purpose; and 3. That the granting of the application will not, under the circum- stances of the particular case, materially adversely affect the health and 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 detri- mental to the public welfare or injurious to property or improvements to said neighborhood." SECTION 3. AMENDMENT OF SECTION 20.80.110B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.32B OF ORDINANCE NO~353'AS'AMENDED. Section 20.80.110B of the South San Francisco Municipal Code and Section 6.32B of Ordinance No. 353 as amended are hereby amended to read as follows: "Posting. Notice of the public hearing shall be posted on the property which is the subject of the application, or adjacent thereto, not less than ten days prior to the date set for the hearing." SECTION 4. AMENDMENT OF SECTION 20.80.120A OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.33A OF ORDINANCE NO. 353 AS AMENDED. Section 20~80.120A of the South San Francisco Municipal Code and Section 6.33A of Ordinance No. 353 as amended are hereby amended to read as follows: e "A variance will not be granted unless the provisions of subsection A of Section 20.80.100 have been met. After the conclusion of the public hearing, the Planning Commission shall make written findings of fact showing whether the pro- visions of Section 20.80.100A have been satisfied. The Planning Commission shall by resolution or motion grant or deny the variance and in granting a variance may impose such conditions as it deems necessary to fulfill the purposes of this title. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise ex- pressly authorized by the zone regulation governing the parcel of property. Upon granting a variance subject to certain conditions, the Planning Commission may require reasonable guarantees and evidence that such conditions are being or will be complied with." SECTION 5. AMENDMENT OF SECTION 20.80.130B OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE AND SECTION 6~34B~OF'ORDINANCE NO~ 353~AS AMENDED.. Section 20.80.130B of the South San Francisco Municipal Code and Section 6.34B of Ordinance No. 353 as amended are hereby amended to read as follows: "Hearing. The city council shall set a date for hearing the appeal. Notice of the hearing shall be given in the manner provided in Section 20.80.110 herein and to the applicant and party filing the appeal. Notice of 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 commission. In addition, the planning commission may be represented at the hearing. The city council shall render its decision within sixty days after the hearing on the appeal." e SECTION 6. AMENDMENT OF SECTION 20.80.130C.2. OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.34.C.2. OF ORDINANCE NO. 353 AS AMENDED, ..................... Section 20.80.130C.2. of the South San Francisco Municipal Code and Section 6.34.C.2. of Ordinance No. 353 as amended are hereby amended to read as follows: "Approve the grant of the variance upon finding that the provisions set forth in Section 20.80.100A have been satisfied. The City Council may designate such conditions in connection with the variance as it deems necessary to fulfill the purposes of this title and may require reasonable guarantees and evidence that such conditions are being or will be complied with. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such proper- ty is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation ~nverning the parcel of property." SECTION 7. AMENDMENT OF SECTION 20.80.130.C.3. OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.34C.3. OF ORDINANCE NO. 353 AS AMENDED. Section 20.80.130.C.3. of the South San Francisco Municipal Code and Section 6.34C.3. of Ordinance No. 353 as amended are hereby amended to read as follows: "Disapprove the grant of the variance upon finding that the provisions set forth in Section 20.80.100A have not been satisfied." SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be ~valid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of e this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 9. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the "Enterprise Journal", a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 3rd day of March , 1982. Passed and adopted as an Ordinance of the City of South San Francisco at a regular Francisco this AYES: NOES: ABSENT: meeting of the City Council of the City of South San 17th day of March , 1982, by the following vote: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this 17th day of March , 1982. Mayor Be