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HomeMy WebLinkAboutOrd 959-1984 ORDINANCE NO. 959-84' AN ORDINANCE AMENDING SUBSECTION 20.52.070C OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SUBSECTION 4.131(c) OF ORDINANCE NO. 353 ENTITLED "THE ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" AND ADDING SUBSECTION 20.52.070D TO SAID MUNICIPAL CODE (PARKING "IN LIEU" FEES) THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. SUBSECTION 20.52.070C OF THE MUNICIPAL CODE AND SUBSECTION 4.131(c) OF ORDINANCE NO. 353 AMENDED Subsection 20.52.070C of the South San Francisco Municipal Code and Sub- section 4.131(c) of Ordinance No. 353 as added by Section III of Ordinance No. 684 are hereby amended to read as follows: "C. When a change of use in an approved parking district involves no increase in the number of required off-street parking spaces, said new use shall not be required to provide additional off-street parking other than what is cur- rently provided on the lot upon which the new use is located." SECTION 2. SUBSECTION 20.52.070D ADDED TO THE MUNICIPAL CODE. Subsection 20.52.070D is hereby added to the South San Francisco Municipal Code and shall read as follows: "D. When a change of use in an approved parking district involves an increase in the number of required off-street parking spaces, an application for an exception to the parking requirements of Sections 20.52.020 through 20.52.060 may be granted by the Planning Commission in accordance with the following procedure: (1) An application for an exception to the parking requirements must be made in writing on a form provided by the Department of Community Develop- ment and must be accompanied by a non-refundable processing fee in an amount as set forth in the Master Fee Schedule of the City of South San Francisco adopted by resolution of the City Council. (2) The application shall be submitted to the Secretary of the Planning Commission. (3) The Secretary of the Planning Commission shall forward the application to the Parking Place Commission for comment. The Parking Place Commission's response shall include, but not be limited to, specific written findings regarding whether or not it would be appropriate for the Planning Commis- sion to impose, as a mitigating measure, the condition that the applicant purchase and provide to tenants monthly parking permits issued by the Parking Place Commission and the reasons for said findings. The Parking Place Commission shall make the above findings after considering all factors they deem relevant to a fair analysis of each application on a case by case basis. The Planning Commission shall not impose the foregoing condition on its grant of exception unless the Parking Place Commission approves said condition as an appropriate mitigation measure. Failure by the Parking Place Commission to respond to the Planning Commission in writing within a thirty (30) day period shall be deemed an approval of the application and of the foregoing mitigation measure by said Parking Place Commission. (4) Upon receipt of the Parking Place Commission's comments regarding the application or upon the expiration of thirty days from the date the application was delivered to the Parking Place Commission, whichever is earlier, the Planning Commission will set a date for a public hearing to consider the application, with notice of said hearing to be given in accordance with Section 20.80.110. (5) After conducting a properly noticed public hearing, the Planning Com- mission may grant or deny an exception from the parking requirements of Sections 20.52.020 through 20.52.060. Such decision shall be based on an analysis of the proposed use with due consideration given to available street and lot parking in the surrounding area and peak parking demands of the proposed use. (6) In calculating the parking exception required, the applicant shall be given credit for all uses conducted on the affected site at the time application for the exception is filed. The parking deficiency shall be the number of spaces required for the proposed use minus the number of spaces required for the current use. (7) Where a number of new parking spaces can reasonably be provided on the lot where the use is to be located, said new parking spaces shall be provided. (8) If the number of required new parking spaces exceeds the number of spaces that can reasonably be provided on the lot where the use is to be located, the Planning Commission may impose on the applicant such of the following requirements as it deems necessary to mitigate the effects of the exception granted pursuant to this Subsection: (a) The payment of an in-lieu parking fee in an amount as set forth in the Master Fee Schedule of the City of South San Francisco adopted by resolution of the City Council. (b) The purchase and providing to tenants of monthly parking permits from the Parking Place Commission (Subject to the limitations set forth in Subsection 20.52.070D(3) above). (c) The construction and maintenance of off-site parking spaces in an amount not greater than the parking space deficiency as cal- culated in accordance with Subsection 20.52.070D(6). (9) The Planning Commission's decision to grant or deny an exception to the parking requirements of Sections 20.52.020 through 20.52.060 may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten calendar days of the date of said decision. (10) The City Council shall set a date for hearing the appeal. Notice of hearing shall be given in the manner provided in Section 20.80.110 herein and to the applicant and party filing the appeal. Notices 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. The City Council shall render its decision within sixty days after the hearing on the appeal. (11) The City Council may approve the decision of the Planning Commission or may overrule such decision in whole or in part, adding conditions or deleting or modifying conditions imposed by the Planning Commission." (12) All in lieu parking fees imposed by the Planning Commission pur- suant to this Section 20.52.070D shall be deposited into an "In Lieu Parking Fee" fund and shall be used only to mitigate, directly or indirectly, parking congestion in an approved parking district of the City of South San Francisco. SECTION 2. 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. 22nd Introduced this 15th day of Auqust , 1984. Passed and 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 this day of August , 1984 by the following vote: AYES: Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teqlia NOES: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 22nd day of Auqust , 1984.