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Home My WebLink AboutOrd 903-1982FOLLOWS: ORDINANCE NO. 903-82 AN ORDINANCE ADDING SECTIONS 19.36.040j, 19.36.040k, AND 19.40.090B TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND AMENDING VARIOUS SECTIONS OF TITLE 19 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND VARIOUS SECTIONS OF ORDINANCE NO. 861 OFFICIALLY KNOWN AS THE "SUBDIVISION ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. SUBSECTION 19.36.040j ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Subsection 19.36.040,i is hereby added to the South San Francisco Municipal Code and shall read as follows: "j. Section providing that upon recordation of the CC&R's, the provi- sions in the CC&R's containinq landscape and improvement requirements shall not be rescinded, amended or modified without prior approval of City." SECTION 2. SUBSECTION 19.36.040k ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Subsection 19.36.040k is hereby added to the South San Francisco Municipal Code and shall read as follows: "k. Section containin~l provisions for the enforcement of bonded obliaa- tions if required pursuant to Title 10 Section 2792.4 of the California Administra- tive Code or its successor." SECTION 3. SECTION 19.40.090 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 10.09 OF ORDINANCE NO. 861 AMENDED Section 19.40.090 of the South San Francisco Municipal Code and Section 10.09 of Ordinance 861 are hereby amended to read as follows: 19.40.090 Reports. A. The date of the actual filina of the tentative map, for purposes of this title, shall be the date of the next succeedinq closing of the agenda of the planninq commission meeting following the presentation of said map to the secretary F=~~ r ........................ of the planning commission. The planning commission shall submit to the city council its written report advising approval, conditional approval or dis- approval of the tentative map within fifty (50) days after the filing thereof with its secretary, unless that time period is extended by mutual consent of the developer and the planning commission. Such report shall set forth in detail the reasons for the recommendation made and shall state all specific conditions recommended for a conditional approval. B. Notwithstanding the provisions of Subsection A, whenever an environ- mental impact report is required to be prepared for the tentative map, the plann- ing commission shall render its report within forty five (45) days after certifica- tion of the environmental impact report. SECTION 4. SECTION 19.44.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 11.01 OF ORDINANCE NO. 861 AMENDED Section 19.44.010 of the South San Francisco Municipal Code and Section 11.01 of Ordinance No. 861 are hereby amended to read as follows: "Within 24 months after approval or conditional approval of the tentative map or maps by the city council, the subdivider may cause the subdivision or any part thereof to be surveyed and a final map to be prepared in accordance with the tentative map as.approved, or condit!onally approved. Streets and easements needed for access to any such part shall be shown on the final map, and dedicated if required." SECTION 5. SECTION 19.44.020 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 11.02 OF ORDINANCE NO. 861 AMENDED Section 19.44.020 of the South San Francisco Municipal Code and Section 11.02 of Ordinance 861 are hereby amended to read as follows: 19.44.020 Time Extension. Upon application of the subdivider to the city council, an extension of not exceeding one additional year may be granted by the city council. f~ ~ -2- SECTION 6. SECTION 19.44.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 11.03 OF ORDINANCE NO. 861 AMENDED Section 19.44.030 of the South San Francisco Municipal Code and Section 11.03 of Ordinance 861 are hereby amended to read as follows: "Any failure to record a final map within twenty-four months from the approval or conditional approval of the tentative map, or any extension thereof granted by the city council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted." SECTION 7. SECTION 19.44.220 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 11.24 OF ORDINANCE NO. 861 AMENDED Section 19.44.220 of the South San Francisco Municipal Code and Section 11.24 of Ordinance No. 861 are hereby amended to read as follows: "The city clerk., after approval of the city council, and after signatures and seals have been affixed, shall transmit the final map and any approved improve- ment agreement and deed restrictions to the county board of supervisors for ultimate transmittal to the county recorder. Said transmitted final map shall consist of one cloth print and one permanent record, either on tracing cloth or polyester based film. No map shall have any force or effect until it has been approved by the city council, and no title to any property described in any offer of dedication shall pass until recordation of the final map. No building permit shall be issued until the final map and any approved improvement agreement and deed restrictions have been recorded by the county recorder and a reproducible mylar, or equal, copy of the recorded final map is filed for reference in the office of the department of public services." SECTION 8. SECTION 19.48.080 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 12.08 OF ORDINANCE NO. 861 AMENDED Section 19.48.080 of the South San Francisco Municipal Code and Section 12.08 of Ordinance No. 861 are hereby amended to read as follows: -3- FILE fqO.: '"' "The planning commission shall, based upon a report of the city engineer and reports from. other appropriate department heads, determine whether the tenta- tive map is in confomity with provisions of the Subdivision Map Act and this title as to design, drainage, utilities, road improvements and offers of dedication or deed. Upon this basis they shall, within fifty (50) days of receipt of the afore- mentioned reports, approve, conditionally approve or disapprove the map. Any such approved tentative map shall meet the requirements for a parcel map." SECTION 9. SECTION 19.48.100 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 12.10 OF ORDINANCE NO. 861 AMENDED Section 19.48.100 of the South San Francisco Municipal Code and Section 12.10 of Ordinance No. 861 are hereby amended to read as follows: "Appeal from the action of the planning commission must be made in writing by the applicant or adjacent property owner, notified pursuant to Government Code Section 66451.4, to the City Council within ten days from the date of action of the planning commission." SECTION 10. SECTION 19.48.170B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 12.17 OF ORDINANCE NO.'861'AMENDED Section 19.48.170B of the South San Francisco Municipal Code and Section 12.17 of Ordinance No. 861 are hereby amended to read as follows: "After such approval, the city clerk shall transmit the parcel map and any approved improvement agreement and deed restrictions directly to the county recorder for recordation. Said transmitted parcel map shall consist of one cloth print and one permanent record, either on tracing cloth or polyester based film. No building permit shall be issued until the parcel map and any approved improve- ment agreement and deed restrictions have been recorded by the county recorder and a reproducible mylar, or equal, copy of the recorded parcel map is filed for reference in the office of the department of public services." -4- SECTION 11. SUBSECTIONS A and B OF SECTION 19.80.060 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AMENDED Subsections A and B of Section 19.80.060 of the South San Francisco Municipal Code are hereby amended to read as follows: "19.80.060 Notice to tenants and prospective tenants of filing of tentative map. A. Not less than sixty days prior to the filing of a tentative map, the applicant shall provide tenants and prospective tenants of any structure which is to be the subject of a "condominium conversion" as defined in this title with notice as required by Section 66452.8 or 66452.9 of the Government Code, as applicable. In the case of non-residential conversions the notice shall be in the form set forth below: "To the (Tenant(s)/Prospective Tenant(s)) of (address) The owner(s)of this building, at (address),(has filed/plans to file)a tentative map with the City of South San Francisco to convert this building to a (condominium, membership association, or stock cooperative project.) No units may be sold in this building unless the conversion is approved by the City. If you (are/become) a tenant in this building you have the right to appear and the right to be heard at any such hearing. Notice of such hearing shall be published pursuant to Government Code Section 66451.3. (Signature of owner or owner's agent) (Dated) I have received this notice on (Date) CENTF(AL ~ECORI (tenant or Prospective Tenant's signature)" B. In addition to the requirements in Subsection A of this Section, an applicant for conversion of residential real property into a condominium project, a community' apartment project or a stock cooperative project shall provide tenants and prospective tenants of the structure which is proposed to be converted with the notice required in Section 66427.1 of the Government Code." SECTION 12. SEVERABILITY If any section subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portion of 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 de- clared invalid or unconstitutional. SECTION 13. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once in the Enterprise-Journal, a news- paper 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. meeting this AYES: NOES: Introduced this 4th day of August , 19 82 Passed and adopted as an Ordinance of the City of South San Francisco at a regular of the City Council of the City of South San Francisco 18th day of August , 1982 , by the following vote: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None -6- ABSENT: None ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this 18th day of August , 19 82 -7- ! II ii