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HomeMy WebLinkAboutOrd 1214-1997ORDINANCE NO. 1214-97 AN ORDINANCE ADDING CHAPTER 20.101 TO TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ESTABLISHING A CULTURAL ARTS FUND WITH RESPECT TO LANDSCAPING REGULATIONS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 20.101 of the South San Francisco Municipal Code is hereby added to read as follows: 20.101.010 Cultural Arts Fund. A Cultural Arts Fund is hereby established, the contents of which shall be used by the City of South San Francisco Cultural Arts Commission . 20.101.020 Purpose. The purpose of the Cultural Arts Fund is to promote the provision of public art within the City of South San Francisco. Monies for the fund will be provided through voluntary payments in-lieu of certain landscaping requirements for development projects in the City of South San Francisco. In recognition of community values, including the value of landscaping and public art, a landscape in-lieu fee credit process allowing for a change in or intensification of land use on certain developed parcels in the City that currently do not meet the minimum landscape requirements prescribed by Ordinance, provided however that the degree or amount of landscaping non- conformity is not increased, and a landscape credit process to provide for public art is hereby provided for. 20.101.030 Credit Toward Landscaping Requirements For Contributions To Cultural Arts Fund. (a) Unit Landscaping Cost. The City Council hereby finds and determines, as of 1997, that the average cost of landscaping as may be required by this Title (including the cost of installing required trees, shrubs, or other plantings; installing associated irrigation equipment; and maintaining the same for a period of five years) is $5.37 per square foot for installation and $0.51 per square foot per year for maintenance. This figure shall be annually adjusted in accordance with changes in the Consumer Price Index (CPI) as determined by the Chief Planner. The foregoing figure, as adjusted, shall be referred to herein as the ~Unit Landscaping Cost.' The Unit Landscaping Cost assumes that ninety (90) percent of the shrubs being five (5)-gallon size; thirty-five (35) percent of the trees would be 24"-box or greater in size; and underground irrigation would be installed. '(b) Credit Toward Landscaping Requirements. For each contribution to the Cultural Arts Fund made by the owner or developer of any lot subject to a minimum landscaping requirement under any provision of this Code, which contribution is equal in amount to one {1) Unit Landscaping Cost, the amount of such lot which shall be required to be landscaped shall be reduced by one (1) square foot. For purposes of determining the credit available under this section, contributions to the Cultural Arts Fund which are not evenly divisible by the Unit Landscaping CoSt shall be rounded down to the nearest whole number multiple of the Unit Landscaping Cost. At the time any contribution to the Cultural Arts Fund is made, the person making such contribution shall designate the lot, if any, against which the landscaping credit for such contribution shall be applied. (c) Application of Cultural Arts Ordinance. The provisions of this Chapter shall be applicable only to lots that are currently developed, which are legal non-conforming with respect to the 10 percent landscaping requirement, wherein an applicant has applied to change or intensify the land use and by virtue of approval of the request the landscaping on site would be required to be brought up to the City's minimum standard of 10 percent. The provisions of this Section and the landscape in lieu fee shall not apply to new construction wherein either one of the following occur: 1) the site is currently vacant; or 2) demolition of 20 percent or more of the structure(s) on site would occur to accommodate the change or intensification of use. A developer may apply for approval of a landscaping credit and an in lieu fee for that percentage of landscaping that has not been provided on the site up to the 10 percent development standard. (d) City's Discretion. The Planning Commission shall review and act upon all requests identified in this Chapter, pursuant to Section 20.101.060 and 20.101.070 below. Expenditures or uses of monies from the Cultural Arts Fund shall not require review by or approval of the Planning Commission, but approval of such expenditures or uses, including the proposed type and placement of the art, shall be made by the Cultural Arts Commission. The appeal process is identified in Section 20.101.060, below. (e) Scope Of Possible Credit. For any lot as to which any provision of this Code establishes a minimum landscaping requirement, in no event shall any contribution(s) to the Cultural Arts Fund decrease the amount of landscaping that exists and shall be required on the site at the time of the application. 20.101.040 Application for the Granting of a Landscaping Credit. An application for a landscaping credit shall be made as follows: (a) Persons Eligible. The following persons shall be eligible to apply for the granting of a landscaping credit : (1) A property owner or authorized agent; (2) A lessee, with a written lease, the term of which exceeds one year; or(3) A person authorized to exercise the power of eminent domain. (b) Required Documents. An application for the granting of the landscaping credit shall be made on the prescribed form and accompanied by a written statement, plans, fee set forth in the Master Fee schedule of the City of South San Francisco adopted by Resolution of the City Council, and evidence showing that the requested landscaping credit conforms with the required findings set forth in Section 20.101.060. 20.101.050 Hearing and Notice. Ail applications for the granting of a landscaping credit shall be heard at a public hearing scheduled and noticed in the same manner required for a use permit required by Chapter 20.81 of the South San Francisco Municipal Code. ! I 20.101.060 Findings Required. The Planning Commission may grant a landscaping credit of the percentage of the lot required to be landscaped in whole or in part, conditionally or unconditionally, upon the following findings: (a) The proposed landscaping credit shall not be adverse to the public health, safety, or general welfare of the community, nor detrimental to the surrounding properties or improvements. (b) On-site landscaping is included along property boundaries visible from the public right-of-ways to the maximum extent feasible for the maximum public benefit. (c) The quantity of landscaping shall not be reduced below that currently existing on the site. 20.101.070 Action by the Commission. (a) The Planning Commission may grant the landscaping credit by resolution or motion and impose such conditions in connection with the issuance of the reduction as it deems necessary in order to fulfill the purposes of this title. The Planning Commission may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. No reduction shall be granted unless and until the requirements of CEQA have been met. (b) The Chief Planner shall file with the City Council a report of the determination and action of the Planning Commission. 20.101.080 Appeals. A decision of the Planning Commission may be appealed to the City Council as provided by Chapter 20.90. 20.101.090 Effect. No building permit shall be issued except in accordance with the terms and conditions of the landscaping credit 20.101.100 Expiration. A landscaping credit granted in accordance with the terms of this title shall automatically expire if building permits and/or a business license for the change of use have not been issued/approved within one year from the date of final approval of the landscaping credit . A time extension not exceeding one year beyond the initial one -year period may be granted by the Planning Commission. However, after three years from the date of approval, a new application shall be required. Any landscaping credit for a project for which a tentative map has been approved is valid until the tentative map expires. 20.101.110 Failure to Con~ly with Conditions. Failure to comply with any landscaping credit condition is a violation of this title subject to enforcement, penalties, and legal procedure as prescribed by Chapter 20.98. Any landscaping credit granted in accordance with the terms of this title may be revoked upon failure to comply with any of the conditions or terms of such landscaping credit, or if any law or ordinance is violated in connection therewith. 20.101.120 Subsequent Development Notwithstanding the granting of a landscaping credit pursuant to this Chapter of the landscaping requirements, if any application is received by the City for subsequent development or modification of all or part of the property for which discretionary review would be triggered, the City may impose landscaping requirements pursuant to the Municipal Code and any applicable General, Area, or Specific Plans which differ from requirements under a previously granted landscaping credit . SECTION 2: SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3: 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 San Mateo Times, 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 at a regular meeting of the City Council of the City of South San Francisco, held the 24th day of September , 1997. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council of the City of South San Francisco, held the8th day of October , 1997, by the following vote: AYES: Councilmembers James L. Datzman, Eugene R. Mullin, John R. Pe~na, Rnhprt Y~P and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: None ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 8th day of October , 1997. A: \ CULTART 3. ORB