HomeMy WebLinkAboutOrd 1043-1988ORDINANCE NO. 1043-88
AN ORDINANCE AMENDING SECTIONS 19.24.080 AND 19.24.090
OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING
TO DEDICATION OF LAND AND PAYMENT OF IN LIEU FEES BY
SUBDIVIDERS FOR PARK AND RECREATION FACILITIES
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 19.24.080 of the South San Francisco
Municipal Code Amended
Section 19.24.080 is hereby amended by the addition of subsection (c) to
to read as follows:
Section 19.24.080 Amount of land to be dedicated
(c) In addition to the land dedicated, the subdivider shall, without
credit, provide the following: (1) full street improvements and utility
connections including, but not limited to, curbs, gutters, street paving,
traffic control devices, street trees, and sidewalks to the land dedicated
pursuant to this section; 12) fencing along the property line of that portion
of the subdivision contiguous to the dedicated land; (3) improved drainage
throughout the dedicated land; and (4) other minimal improvements which the
city council determines to be essential to the acceptance of the land for
recreational purposes.
SECTION 2.
Section 19.24.090 of the South San Francisco Municipal
Code Amended
Section 19.24.090 of the South San Francisco Municipal Code is hereby
amended to read as follows:
Section 19.24.090 Amount of fee in lieu of land dedication
(a) Where a fee is required to be paid in lieu of land dedication, the
amount of such fee shall be equal to the fair market value of the amount of
buildable land within the subdivision that would otherwise have been required
to be dedicated using the formula in Section 19.24.080, plus twenty percent
(20%) toward the cost of off site improvements required by Section 19.24.080(c).
The fee shall be determined using the formula set out in Formula 19.24.090(a).
lb) The fair market value shall be determined by the city with a written
appraisal report prepared and signed by an appraiser acceptable to the city.
The appraisal shall be made immediately prior to the approval of the final map.
The developer shall notify the city of the expected date for submitting the
final map to the city for approval at least six (6) weeks prior thereto. If
more than six (6) months elapses between the receipt of the notice and receipt
of the final map for approval, the city shall cause an updated appraisal to be
prepared. The cost of any appraisal prepared pursuant to this subsection shall
be reimbursed to the city by the subdivider. For the purposes of this chapter,
the determination of the fair market value of a buildable acre, as defined in
subsection (a), shall consider, but not necessarily be limited to, the following:
(1) Approval of and conditions of the tentative subdivision map.
The General Plan.
(3) Zoning.
(4) Property location.
(5) Off-site improvements facilitating use of the property.
(6) Site characteristics of the property.
If the subdivider objects to the determined fair market value, he/she
may appeal to the city council who shall hear the appeal and rule thereon at
the same time the council considers approval of the final map.
(c) Except as allowed by Government Code Section 53077.5(b), the fees
payable pursuant to this section shall be paid in full when the first dwelling
in the subdivision receives its final inspection or certificate of occupancy,
whichever occurs first.
SECTION 3.
SEVERABILITY
In the event that any section or portion of this ordinance shall be
determined invalid or unconstitutional, that section or portion shall be
deemed severable and all other sections or portions of this ordinance shall
remain in full force and effect.
SECTION 4.
PUBLICATION AND EFFECTIVE DATE
This ordinance shall be published once, with the names of those City
Council members voting for or against it, 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.
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Introduced at a regular meeting of the City Council of the City of
South San Francisco, held the 12th day of October , 1988.
Adopted as an Ordinance of the City of South San Francisco at a regular
meeting of the City Council of the City of South San Francisco, held the 26th
day of
AYES:
NOES:
ABSTAIN:
ABSENT:
October , 1988, by the following vote:
Councilmembers Mark N, Addiego, Richard A. Haffey, Gus Nicolopulos,
Roberta Cerri Teglia, and Mayor Jack Drago
None
None
None
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
October
Ordinance ~his 26th
day of
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