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HomeMy WebLinkAboutOrd 887-1982ORDINANCE NO. 887-82 AN ORDINANCE AMENDING AND ADDING SECTIONS TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 86] ENTITLED "AN ORDINANCE REGULATING THE DESIGN, IMPROVEMENT AND SURVEY DATA OF SUBDIVISIONS AND CERTAIN OTHER DIVISIONS OF LAND AND THE FORM AND CONTENT OF TENTATIVE, FINAL AND PARCEL MAPS THEREOF: PROVIDING PENALTIES FOR THE VIOLATION HEREOF AND DESIGNATING AN ADVISORY AGENCY, SAID ORDINANCE BEING ADOPTED PURSUANT TO THE SUBDIVISION MAP ACT AS AMENDED, AND TO THE GENERAL POWERS OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA: AND REPEALING ORDINANCES 603, 619, 692, 694, 742, 750, 829 and 851" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF SECTION 19.36.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 9.03a OF ORDINANCE NO. 861. Section 19.36.010 of the South San Francisco Municipal Code and Section 9.03a of Ordinance No. 861 are hereby amended to read as follows: "Any condominium project in the city shall be subject to the requirements and procedures applicable to subdivisions as set forth in this Title and any additional requirements and procedures set forth in this Chapter. The requirements and procedures in this Chapter shall additionally apply to all community housing projects in the city, as such term is defined in this Title." SECTION 2. AMENDMENT OF SECTION 19.36.020 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 9.03b OF ORDINANCE NO. 861. Section 19.36.020 of the South San Francisco Municipal Code and Section 9.03b of Ordinance No. 861 are hereby amended to read as follows: "Condominium projects may require that individuals, with vested ownership in their respective units, reside and work in close proximity to one another. Condominium projects also require that such owners be bound together in an association which is responsible for the maintenance, management, and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of residential, commercial and industrial ownership in the city. The unique status of condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare, and economic prosperity of the condominium project as well as the larger community. To ensure that such problems are avoided in both the short and long terms, it is the express intent of the city to treat condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of this Chapter are as follows: A. To ensure that future condominium projects will have an overall positive effect on the city's residential, commercial and industrial real property; B. To ensure that adequate provision is made for maintenance and management of condominium projects for the health, safety and welfare of purchasers and owners thereof; C. To ensure that governmental entities have the right to enter into the general and limited common areas of the project to protect the public health, safety and welfare and to preserve the public peace." SECTION 3. AMENDMENT OF SECTION 19.36.040B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 9.03d(2) OF ORDINANCE NO. 861. Section 19.36.040B of the South San Francisco Municipal Code and Section 9.03d(2) of Ordinance No. 861 are hereby amended to read as follows: "A plan showing the location of all parking, storage and other areas assigned for use by the owners of each unit." SECTION 4. AMENDMENT OF SECTION 19.36.040E.1. OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 9.03d(5)(a) OF ORDINANCE NO. 861 Section 19.36.040E.1 of the South San Francisco Municipal Code and Section 9.03d(5)(a) of Ordinance No. 861 are hereby amended to read as fol 1 ows: "A copy of the subdivider's proposed application for a subdivision permit, if required by the Department of Real Estate of the State of California." SECTION 5. ADDITION OF SUBSECTION 19.36.040E.4.d.i. TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Subsection 19.36.040E.4.d.i. is hereby added-to the South San Francisco Municipal Code and shall read as follows: "Section assigning parking space(s) for the exclusive use of the owners or occupants of each unit. The number of parking spaces to be assigned to each unit shall be determined by reference to the requirements of off-street parking set forth in Chapter 20.52 of this Code." SECTION 6. AMENDMENT OF SECTION 19.40.070 OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE AND SECTION 10.07 OF ORDINANCE NO. 861 Section 19.40.070 of the South San Francisco Municipal Code and Section 10.07 of Ordinance No. 861 are hereby amended to read as follows: "Twenty-five copies of the tentative map and statements concerning the pro- posed subdivision of any land shall be presented to the secretary of the planning commission at least thirty-five days prior to the planning commission meeting, together with a nonrefundable processing fee in an amount established by resolution of the city council." o CENTRAL RECORD.,5 SECTION 7. AMENDMENT OF SUBSECTION 19.44.090B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 11.11 OF ORDINANCE NO. 861 Subsection 19.44.090B of the South San Francisco Municipal Code and Section 11.11 of Ordinance No. 861 are hereby amended to read as follows: "The subdivider shall, as a condition precedent to approval of the final map, file an agreement for all improvements as required in this title and as may be further required by the city council or by law, and shall furnish the following: 1. A surety bond in an amount equal to at least one hundred percent (100%) of the cost of the improvement and conditions of approval of the map as security for the faithful performance of the improvement agreement, and 2. A surety bond in an amount equal to at least one hundred percent (100%) of the cost of the improvement and conditions of approval of the map as security for the payment of all persons performing labor and furnishing materials in connection with the improvement agreement. Sureties on each of said bonds and the form thereof shall be satisfactory to the council. In the alternative, subdivider may furnish an instrument of credit approved by said city council; or in lieu of such surety bond or instrument of credit, a cash deposit. The instrument of credit or cash deposit shall be i~ an amount equal to the cost of the improvement and conditions of approval of the map as approved by the city engineer. There shall be no reduction in the amount of any bonds or instrument of credit unless approved by the city council after a report and recommendation by the city engineer. However, subdivider may, at the option of the city, in lieu of such bond, instrument of credit or cash deposit, secure the faithful performance of the above agreement in the manner and condition as provided by Section 66499 of the Government Code and all other laws applicable thereto." CENTRAL RECORDS SECTION 8. AMENDMENT OF SECTION 19.44.120A OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE AND SECTION 11.14 OF ORDINANCE NO. 861 Section 19.44.120A of the South San Francisco Municipal Code and Section 11.14 of Ordinance No. 861 are hereby amended to read as follows: "Upon the installation and completion of all public improvements to be made by the subdivider, and prior to the approval and acceptance thereof by the city, the subdivider shall execute and file with the city a written agreement whereby he shall agree to repair or replace, at his own expense, any work of public improvement (including, but not limited to, streets and highways, drainage structures, curbs and gutters, sidewalks, sewers, water mains and fi re hydrants, street trees, street lighting and street signs, and railroad crossings) which at any time during the one-year period subsequent to the date of approval and acceptance thereof, proves to be defective or which becomes damaged by differential settlement, action of the elements or through ordinary usage. The subdivider shall also file with the aforesaid agreement, to assure his full and faithful compliance therewith, a bond for. such sum as the city council may deem sufficient to cover the cost of repairing or replacing the improvements, including the cost of inspection; provided, however, that the amount of such bond shall not be less than ten percent of the total cost of all public improvements installed within the subdivision nor more than twenty-five percent of such total cost." SECTION 9. AMENDMENT OF SECTION 19.44.150A OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE AND SECTION ll.17a OF ORDINANCE NO. 861 Section 19.44.150A of the South San Francisco Municipal Code and Section 11. 17a of Ordinance No. 861 are hereby amended to read as follows: "Twelve blueline copies, original tracing on linen or polyester base film of a quality acceptable to the city engineer and twenty reduced copies of same which shall measure eight and one-half inches by eleven inches; one set o CENTRAL RI CORD$ of approved improvement plans; and a nonrefundable processing fee in an amount established by resolution of the city council, together with the necessary recording fee." SECTION 10. AMENDMENT OF SECTION 19.48.010A OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 12.0la OF ORDINANCE NO. 861 Section 19.48.010A of the South San Francisco Municipal Code and Section 12.0la of Ordinance No. 861 are hereby amended to read as follows: "Where required by the provisions of this title, tentative maps as set out in the Subdivision Map Act, shall be prepared and filed with the secretary of the planning commission at least thirty-five days prior to the planning commission meeting. Tentative maps must be filed with a nonrefundable processing fee in an amount established by resolution of the city council." SECTION 11. AMENDMENT OF SECTION 19.48.140 OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE AND SECTION 12.14 OF ORDINANCE NO. 861 Section 19.48.140 of the South San Francisco Municipal Code and Section 12.14 of Ordinance No. 861 are hereby amended to read as follows: "A parcel map shall be prepared in conformance with the approved tenta- tive map and shall bear a certificate executed by the registered civil engineer or licensed land surveyor who prepared the map, certifying that the parcel map substantially conforms to the approved or conditionally approved tentative map." SECTION 12. AMENDMENT OF SECTION 19.48.160 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 12.16 OF ORDINANCE NO. 861 Section 19.48.160 of the South San Francisco Municipal Code and Section 12.16 of Ordinance No. 861 are hereby amended to read as follows: "A parcel map shall be considered complete for filing when a nonrefundable processing fee in an amount establiShed by resolution of the city council is paid to the finance department, together with the necessary recording fee and the parcel map complies with the Subdivision Map Act and this title. In addition, CENTRAL RECORDS ,,,o.: the subdivider shall file the following with the city engineer: A. Twelve blueline prints,~ original tracing or duplicate on linen or polyester base film of a quality acceptable to the city engineer; and B. Twenty reduced copies of the same which shall measure eight and one-half inches by eleven inches; and C. One set of approved improvement plans if required by the city engineer. SECTION 13. AMENDMENT OF SECTION 19.48.170A OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 12.17 OF ORDINANCE NO. 861 Section 19.48.170A of the South San Francisco Municipal Code and Section 12.17 of Ordinance No. 861 are hereby amended to read as follows: "The city engineer shall determine that said map is in conformity with the requirements of the Subdivision Map Act and this title; and if it is, he shall so certify on said map. If the city engineer determines said map is not in conformity with said requirements, he shall disapprove said map. If the map is approved, and after seals and signatures are affixed, the city engineer shall transmit any offers of dedication or agreement to the city council for approval and acceptance." SECTION 14. AMENDMENT OF SECTION 19.52.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 13.01 OF ORDINANCE NO. 861 Section 19.52.010 of the South San Francisco Municipal Code and Section 13.01 of Ordinance No. 861 are hereby amended to read as follows: "This title shall not apply to any parcel not conforming to the provisions herein, for which a deed is of record or for which a contract of sale was in full force and effect, and recorded prior to the effective date of the ordinance codified in this title, nor to any land dedicated for cemetery purposes under the Health and Safety Code. In addition, pursuant to Section 66412.5 of the Government Code or its successor, this title shall not apply to subdivisions of four parcels or less for construction of removable commercial buildings e CENTRAL RE:CORDS having a floor area of less than 100 square feet." SECTION 15. 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 portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause of phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 16. 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 at a regular San Francisco this vote: AYES: 6th day of January , 198~. Passed and adopted as an Ordinance of the City of South San Francisco meeting of the City Council of the City of South 20th day of January , 198~, by the following Councilmembers Ronald G. Acosta, Mark N. Addieqo, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None CENTRAL As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 20th day of January , 1982. mayor