HomeMy WebLinkAboutOrd 993-1985 ORDINANCE NO. 993-85
AN ORDINANCE AMENDING VARIOUS PROVISIONS
OF TITLE 19 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND OF ORDINANCE NO. 861
(SUBDIVISIONS)
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 19.08.056 OF THE MUNICIPAL CODE AMENDED.
Section 19.08.056 of the South San Francisco Municipal Code is
hereby amended to read as follows:
"19.08.056 Condomimium. A condominium is an estate in real property
consisting of an undivided interest in common in a portion of a parcel of real
property together with a separate interest in space, the boundaries of which
are described on a recorded final map, parcel map, condominium plan or other
document in sufficient detail to locate all boundaries thereof. The area within
SUCh boundaries may be filled with air, earth, or water or any combination there-
of and need not be physically attached to land except by easements for access
and, if necessary, support. The description of such space may refer to (i)
boundaries described in the recorded final map, parcel map, condominium plan
or other document; (ii) physical boundaries, either in existence, or to be
constructed, such as walls, floors and ceilings of a structure or portion
thereof; (iii) an entire structure containing one or more separate interests
in space; or (iv) any combination thereof. The portion of the parcel of real
property held in undivided interest may be all of the real property of an exist-
ing parcel or lot (except for the separate interests in space) or may include a
particular three-dimensional portion thereof, the boundaries of which are described
on a recorded final map, parcel map, condominium plan or other document. The area
within the boundaries may be filled with air, earth, or water, or any combination
thereof, and need not be physically attached to land except by easements for
access and, if necessary, support. A condominium may include in addition a
separate interest in other portions of such real property.
Such estate may, with respect to the duration of its enjoyment, be either
(1) an estate of inheritance or perpetual estate, (2) an estate for life, (3) an
estate for years, such as a leasehold or a sublease hold or (4) any combination
of the foregoing."
SECTION 2. SECTION 19.08.094 AMENDED.
Section 19.08.094 of the South San Francisco Municipal Code is
hereby amended to read as follows:
"'Elderly' means a person of sixty-two (62) years of age or older."
SECTION 3. SECTION 19.08.298 ADDED TO MUNICIPAL CODE.
Section 19.08.298 is hereby added to the South San Francisco
Municipal Code and shall read as follows:
"19.08.298 Vesting Tentative Map. "Vesting Tentative Map" means a
Tentative Subdivision or Parcel Map meeting the requirements of Government Code
Section 66452 conferring the rights set forth in Government Code Section 66498.1
and fol 1 owl rig."
SECTION 4. SUBSECTION 19.16.110A OF THE MUNICIPAL CODE AND SUBSECTION 5.11a
OF ORDINANCE No. 861 AMENDED.
Subsection 19.16.110A of the South San Francisco Municipal Code and
Subsection 5.11a of Ordinance No. 861 are hereby amended to read as follows:
"All lots shall abut on a dedicated and improved street unless
otherwise provided for in an approved and adopted Specific Plan or an approved
Planned Unit Development Permit."
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SECTION 5. SUBSECTION 19.16.200C OF THE MUNICIPAL CODE AND THE LAST CLAUSE
OF SECTION 5.20 OF ORDINANCE NO. 861 AMENDED.
Subsection 19.16.200C of the South San Francisco Municipal Code
and the last clause of Section 5.20 of Ordinance No. 861 are herey amended to read
as follows:
"Five hundred feet (500') maximum length of a cul-de-sac to
center of turnaround."
SECTION 6. SECTIONS 19.24.050 THROUGH 19.24.120 OF THE MUNICIPAL CODE AND
SUBSECTIONS 7.03(b) THROUGH (i) OF ORDINANCE NO. 861 AMENDED.
Sections 19.24.050 through 19.24.120 of the South San Francisco
Municipal Code and Subsections 7.03(b) through (i) of Ordinance No. 861 are
hereby amended to read as follows:
"19.24.050 Application.
(a) Except as provided in Subsection {b) below, the provisions of
Sections 19.24.030 through 19.24.120 shall apply to:
(1) All subdivisions, as that phrase is defined in Section 66424
of the Government Code;
(2) Community apartments;
(3) Condominiums;
(4) Stock cooperative projects;
(5) Minor subdivisions or lot splits.
(b) The provisions of Sections 19.24.030 through 19.24.120 shall not
apply to commercial or industrial subdivisions or to condominium projects or
stock cooperatives which consist of the subdivision of airspace in an existing
apartment building which is more than five years old when no new dwelling units
are added.
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19~24.060 Relation of land required to population density~ It is
found and determined that the public interest, convenience, health, welfare and
safety require that three acres of property, for each one thousand persons residing
within the city, be devoted to park and recreational purposes~
19~24.070 Population Density.
(a) Population density for the purpose of Sections 19~24.030 through
19.24.120 shall be determined using the same average number of persons per
household as that disclosed by the most recent federal census of South San
Francisco or a census of South San Francisco taken pursuant to Chapter 17 (com-
mencing with Section 40200) of Part 2 of Division 3 of Title 4 of the Government
Code.
lb) The basis for determining the total number of dwelling units shall
be the number of such units permitted by the city on the property included in
the subdivision at the time the final subdivison tract map is filed with the
city council for approval.
19~24~080 Amount of Land to be Dedicated~
(a) The amount of land required to be dedicated by a subdivider pursuant
to Sections 19~24~030 through 19~24~120 shall be based on the gross area included
in the subdivision, determined by the following formula:
Average No~ Persons/Unit 1,000 population : minimum acreage to be
~res dedicated/DU
(b) The following table of population density and acreage to be dedi-
cated has been established pursuant to Government Code Section 66477(b):
PARK LAND DEDICATION FORMULA TABLE
Average Average/DU
Types of Dwellings Density/DU Density Range (3 acre Std,)
Single Family 3~21 2~8 - 3~8 ~0096
Duplex 2~85 2~5 - 3~1 .0086
Mul ti-Family/Medium
Density 2~95 2.8 - 3~1 ~0089
Mul ti-Fami ly/Hi gh
Density 2~44 1,9 - 2~8 .0073
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19.24~090 Amount of Fee In Lieu of Land Dedication,
la) 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 build-
able 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 li~e~ Utility lines, streets, etc.). The fee
shall be determined using the following formula:
DUs X POP X 3* acres
~ 1,UOO people
X FMV
Buildable
acre
where
= subtotal x 6/5 = in-lieu fee
in-lieu fee
DUs : Number of dwelling units as defined in Section 19~24~080
Pop: Population per dwelling unit
FMV : Fair market value, as determined pursuant to Subsection (b)
Buildable acre - a typical acre of the subdivision, with
a slope less than 10%, and located in
other than an area on which building is
excluded because of flooding, easements,
or other restrictions.
Fees to be collected pursuant to this section shall be approved by
the Director of Recreation and Community Services~
(b) 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 said notice and receipt of the
final map for approval, the City will 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 Developer~ 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
(2) 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
said council considers approval of the final map.
(c) Fees payable pursuant to this section shall be paid in full
at the time of the recording of the Final Map or Parcel Map. No building per-
mits, grading peremits, use permits or other permits or entitlements shall be
issued by an officer or employee of the City unless and until the in-lieu fees
required by Sections 19.24.030 through 19.24.120 are paid in full to the Finance
Office of the City and a receipt obtained therefor.
19.24.100 Choice of land or fee.
{a) Procedure. The procedure for determining whether the subdivider
is to dedicate land, pay a fee, or both, shall be as follows:
(1) At the time of filing a tentative subdivision or parcel
map for approval, the owner of the property shall, as a part of such
filing, indicate whether he desires to dedicate property for park and
recreational purposes, or whether he desires to pay a fee in lieu
thereof. If ne desires to dedicate land for this purpose, he shall
designate the area thereof on the tentative subdivison map as submitted.
(2) At the time of the tentative subdivision or parcel map
approval, the city council shall determine, as a part of such approval,
whether to require a dedication of land within the subdivision, payment
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of a fee in lieu thereof, or a combination of both.
(3) Open space covenants for common open landscaped areas
or recreation facilities shall be submitted to the city prior to approval of the
final subdivision map and shall be recorded contemporaneously with the final sub-
division map.
(b) Determination. Whether the city council accepts land dedication
or elects to require payment of a fee in lieu thereof, or a combination of both,
shall be determined by consideration of the following:
(1) Recreation element of the city's general plan;
(2) Topography, geology, access and location if land in
the subdivision available for dedication;
(3) Size and shape of the subdivision and land available for
dedication; and
(4) Recommendation of the city's parks and recreation
commission.
(5) In subdivisions containing fifty (50) parcels or less,
only the payment of fees shall be required.
The determination of the city council as to whether land shall
be dedicated, or whether a fee shall be charged, or a combination thereof, shall
be final and conclusive.
{c) If the Developer provides park and recreational improvements
to the dedicated land, the value of the improvements together with any equipment
located thereon shall be a credit against the payment of fees or dedication of
land required by Sections 19.24.030 through 19.24.120.
19.24.105 Credit for private on-site open space.
(a) Where private open space for park and recreational purposes is pro-
vided in a proposed planned development or real estate development, as defined in
Sections 11003 and 11003.1 respectively of the Business and Professions Code, and such
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space is to be privately owned and maintained by the future residents of the sub-
division, partial credit, not to exceed fifty (50) percent, may be given for the
value of private open space within the development which is usable for active
recreational uses against the requirement of land dedication or payment of fees
in lieu thereof if the City Council finds that it is in the public interest to
do so and that all of the following standards are met:
{1) That yards, court areas, setbacks, and other open areas
required to be maintained by the zoning and building ordinances
and regulations (Titles 20 and 15, respectively) shall not be included
in the computation of such private open space; and
{2) That the private ownership and maintenance of the open
space is adequately provided for by recorded written agreement,
conveyance, or restrictions; and
(3) That the use of the private open space is restricted for
park and recreational purposes by recorded covenant, which runs with
the land in favor of the future owners of property and which cannot
be defeated or eliminated without the consent of the City or its
successor; and
(4) That the proposed private open space is reasonably adapt-
able for use for park and recreational purposes, taking into con-
sideration such factors as size, shape, topography, geology, access,
and location; and
(5) That facilities proposed for the open space are consistent
with the provisions of the Open Space Element of the General Plan;
and
(6) That the open space for which credit is given provides
a mix of the local park basic elements listed below, or a combination
of such and other recreational improvements that will meet the
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specific recreation/park needs of the future residents of the area:
Children's play apparatus area (tot lot)
Landscaped park-like and quiet areas
Family picnic area
Athletic facilities/Game court area
Swimming pool with adjacent deck and
lawn areas
Recreation center building
Water oriented facilities
Turf playfield
Recreational community gardening
Recommended
Facilities Sizes
(Sq. Ft.)
500 - 3000
(See (7) below)
2000 - 3000
.25 acres - .75 acres
2000 - 3O0O
1500 - 2500
(See (7) below)
5000+
(See (7) below)
(7) Before credit is given, the City Council shall make written
findings that the above standards are met and that on-site open
space, park and/or recreational facilities as proposed are acceptable
in size, design and number in order to receive the proposed amount
of credit towards the project's parkland and facilities requirements
up to but not more than the maximum credit allowed under this chapter
for the type facility proposed.
(b) All such subdivisions shall meet a minimum of fifty (50) percent
of the total project park land/recreational facilities dedication requirement by
payment of fees in lieu of dedication.
(c) Credit for private on-site open space or recreational facilities
qualifying as usable for active open space, as defined in this Section, shall be
applied against a project's total park/land recreational facilities dedication
requirements at a ratio of one-to-one (l:l) up to a maximum of two-to-one (2:1)
(to be determined by the City Council) meaning that, for each acre of private
open space land or fraction thereof, which qualifies as usable for active
recreational activities, the project will be relieved of dedicating a portion of
the acreage of public park land/recreational facilities or an equivalent amount
of fees in lieu of dedication up to a maximum of fifty (50) percent of the total
project park land/recreational facilities dedication requirement.
(d) In those instances where the actual amount of on-site open
space credit granted by the city to a subdivision is less than the maximum amount
of credit allowed under the provisions of this section the difference between
the amount of credit actually granted and the amount of credit allowed under this
section shall either be dedicated to the City in the form of public parklands,
pursuant to Sections 19~24~040 and 19~24,080 or be paid to the City as fees in
lieu thereof pursuant to Sections 19.24~040 through 19~24~100~
19i24~110 Time of commencement designated~ At the time the final
subdivision map is approved or parcel map filed, the city shall designate the
time when development of the park and recreational facilities shall be commenced~
19i24~120 Limitation on use of land and fees~
(a) The land and fees received under this section and sections
19~24~030 through 19,24'110 shall be used only for the purpose of providing park
and recreational facilities to serve the subdivision for which received, and the
location of the land and amount of fees shall bear a reasonable relationship to
the use of the park and recreational facilities by the future inhabitants of the
subdivision~
(b) Notwithstanding the foregoing, the interest earned on the
accumulated in-lieu fees required pursuant to Sections 19~24~030 through 19,24.120
may be used for the maintenance of any existing park within the City~"
SECTION 7~ SECTION 19.24~140 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE
AND SUBSECTION 7~05 OF ORDINANCE 861 AMENDED
Section 19~24~140 of the South San Francisco Municipal Code and
Subsection 7,05 of Ordinance 861 are hereby amended to read as follows:
"19i24~140 Off-site Improvements~ The following off-site improvements
may be required when the improvements are needed to serve the proposed subdivision;
la) Properly graded, drained, paved and improved access roads~
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(b) The extension of any other utilities~
(c) The subdivider shall dedicate or make an irrevocable offer to
dedicate land within the subdivision for local transit facilities such as bus
turnouts, benches, shelters, landing pads and similar items which directly benefit
the residents of the subdivision if (1) the subdivision as shown on the tentative
map has the potential for two hundred (200) dwelling units or more if developed
to the maximum density shown on the adopted General Plan or contains one hundred
(100) acres or more; and (2) the City Council finds that transit services are or
will, within a reasonable time period, be made available to such subdivision~
Such irrevocable offers may be terminated as provided in subsections (c) and (d)
of Section 66477~2 of the Government Code,
(d) When it is found necessary, the City Council (or, in minor sub-
divisions, the Planning Commission) may require that improvements installed by
the subdivider for the benefit of the subdivision contain supplemental size,
capacity, number or length for the benefit of property not within the subdivision
and that said improvements be dedicated to the public~
(e) In the event that the condition in subsection (d) above is
imposed upon a developer, the City shall enter into an agreement with the sub-
divider to reimburse the subdivider for that portion of the cost of such improve-
ments equal to the difference between the amount it would have cost the subdivider
to install such improvements to serve the subdivison only and the actual cost
of such improvements~
If) The provisions of this section do not apply to condominium
projects or stock cooperatives which consist of the subdivision of airspace in
an existing apartment building which is more than five (5) years old when no new
dwelling units are added~"
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SECTION 8. SECTION 19.24.144 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE
Section 19.24.144 is hereby added to the South San Francisco
Municipal Code and shall read as follows:
"19.24.144 Special Fees
(a) Flood/Special Purpose Zones. When flood zones or other lawful special
purpose zones are established by the City Council, the subdivider shall pay
the fee required for the particular zone in which the subject land lies.
(b) Cost of Bridges or Major Thoroughfares.
(1) Pursuant to the power granted by Section 66484 of the Government
Code, as a condition to approval of a final map, She City Council may require
the developer to pay fees for purposes of defraying the actual or estimated cost
of constructing bridges over waterways, railways, freeways, and canyons, or
constructin§ major thoroughfares as re(~uired to accomplish the goals of the
fol 1 owing:
(A) The circulation element of the General Plan of the City of
South San Francisco adopted by Resolution of the City Council on June 27, 1984,
and as amended from time to time.
(B) In the case of bridges, the transportation or flood control
provisions of the circulation element of said General Plan, which identify rail-
ways, freeways, streams or canyons for which brid§e crossings are required on
general plan or local roads.
(C) In the case of major thoroughfares, the provisions of the
circulation element of said General Plan which identify those major thoroughfares
having a primary purpose of carrying through traffic and providing a network
connec'cing to the state highway system.
(2) Prior to the imposition of any fees pursuant to this subsection
19.24.144(b) the City Council shall hold a public hearing and shall, by resolution,
determine at such hearing:
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estimated,
(A) the boundaries of the area of benefit,
(B) the costs of the required improvements, whether actual or
(C) a fair method of allocation of costs to the area of benefit,
(D) a fair method of fee apportionment (the method of fee apportion-
ment, in the case of major thoroughfares, shall not provide for higher fees on
land which abuts the proposed improvement except where the abutting property is
provided direct usable access to the major thoroughfare).
(3) A certified copy of the resolution adopted pursuant to subsection
(2) above shall be transmitted by the City Clerk to the Recorder of the County of
San Mateo for recordation.
(4) The apportioned fees imposed pursuant to this subsection (b) shall be
applicable to all property within the area and shall be payable as a condition
precedent to approval of a final map or, when no subdivision map is required, as
a condition precedent to issuing a building permit for such property or portions
thereof. Where the area of benefit includes lands not subject to the payment of
fees pursuant to this section, the City Council shall make provision for payment
of the share of improvement costs apportioned to such lands from other sources.
(5) Notice of the hearing required by this subsection shall be given
to the City Clerk at least ten (10) days prior to the public hearing as follows:
(A) Notice of the hearing shall be mailed or delivered at least
10 days prior to the hearing to the owner of the subject real property or the
owner's duly authorized agent, and to the project applicant.
(B) Notice of the hearing shall be mailed or delivered at least
10 days prior to the hearing to each local agency expected to provide water,
sewage, streets, roads, schools, or other essential facilities or services
to the project, whose ability to provide those facilities and services may be
significantly affected.
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(C) Notice of the hearing shall be mailed or delivered at least
10 days prior to the hearing to all owners of real property as shown on the
latest equalized assessment roll within 300 feet of the real property that is
the subject of the hearing. In lieu of utilizing the assessment roll, the City
Clerk may utilize records of the county assessor or tax collector which contain
more recent information than the assessment roll. If the number of owners to whom
notice would be mailed or delivered pursuant to this Subsection or Subsection (A)
is greater than 1,000, the City Clerk, in lieu of mailed or delivered notice, may
provide notice by placing a display advertisement of at least one-eighth page
in the Enterprise Journal a newspaper of general circulation within the City of
South San Francisco at least 10 days prior to the hearing~
(D) The City Clerk shall cause notice of said hearing to be pub-
lished at least once in the Enterprise Journal a newspaper of general circulation,
published and circulated in the City of South San Francico; and
(E) The City Clerk shall cause notice of the public hearing required
herein to be posted in at least three (3) conspicuous places within the area of
benefit~
(6) The notice required herein shall contain the following information:
(A) The date, time and place of the hearing~
(B) The identity of the body conducting the hearing~
(C) A general explanation of the matter to be considered~
(D) A general description, in text or by diagram of the location
of the real property that is the subject of the hearing (including
preliminary information related to the boundaries of the area of benefit)~
(E) Estimated cost and the method of fee apportionment~
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(7) Owners of real property within the proposed area of benefit may file
written protest to the establishment of the area of benefit and the assessment
of fees pursuant to this subsection. Said written protests shall be filed with
the City Clerk prior to the opening of the Public Hearing provided for herein.
(8) Payment of fees required by this subsection for the cost of major
thoroughfares shall not be required unless the major throughfares are in addition
to, or a reconstruction or widening of, any existing major thoroughfares serving
the area at the time of the adoption of the boundaries of the area of benefit.
(9) Payment of fees required by this subsection for the cost of bridges
shall not be required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility serving the area
at the time of the adoption of the boundaries of the area of benefit. Such fees
shall not be expended to reimburse the cost of existing bridge facility construc-
tion, unless said costs are incurred in connection with the construction of
an addition to an existing bridge for which fees may be required.
(10) If, within the time when protests may be filed under the provisions
of subsection (b) (7) above, there is a written protest, filed with the City Clerk
by the owners of more than one-half of the area of the property to be benefited
by the iprovement, and sufficient protests are not withdrawn so as to reduce the
area represented to less thab one-half of that to be benefited, then the proposed
proceedings shall be abandoned, and the City Council shall not, for one year from
the filing of that written protest, commence or carry on any proceedings for the
same improvement or acquisition under the provisions of this subsection.
(11) Any protests may be withdrawn by the owner making the same, in
writing, at any time prior to the conclusion of a public hearing held pursuant
to this subsection.
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(12) If any majority protest is directed against only a portion of the
improvement, then all further proceedings under the provisions of this subsection
as to that same portion of the improvement protested against shall be barred for
a period of one (1) year. The City Council, however, may commence new proceedings
which do not include the area, acquisitions or improvements which are the subject
of the successful protest. Nothing in this subsection shall prohibit the City
Council, within such one (1) year period, from commencing and carrying on new
proceeedings for that portion of the improvement so protected against if it finds,
by the affirmative vote of four-fifths of its members, that the owners of more
than one-half of the area of the property to be benefited are in favor of going
forward with such portion of the improvement or acquisition.
(13) Fees paid pursuant to %his subsection shall be deposited in a
"planned bridge facility" or "major thoroughfare" fund. A fund shall be established
for each planned bridge project or each planned major thoroughfare project. If
the benefit area is one in which more than one bridge is required to be con-
structed, a fund may be so established covering all of the bridge projects in
the benefit area. Moneys in such fund shall be expended solely for the construc-
tion or reimbursement for construction of the improvement serving the area ~o be
benefited and from which the fees comprising the fund were collected, or to
reimburse the local agency for the cost of constructing the improvement.
114) The term 'construction' as used in this subsection includes
design, acquisition of right-of-way, administration of construction contracts
and actual construction.'"
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SECTION 9. CHAPTER 19.32 OF THE MUNICIPAL CODE AND SUBSECTIONS 9.01 and 9.02
OF ORDINANCE NO. 861 AMENDED
Chapter 19.32 of the South San Francisco Municipal Code and
Subsections 9.01 and 9.02 of Ordinance No. 861 are hereby amended to read as
follows:
"CHAPTER 19.32
STANDARD OR MINOR SUBDIVISION ALTERNATIVES
Sections:
19.32.010 Standard Subdivision Procedure
19.32.020 Minor Subdivision Procedure
19.32.030 Election of Subdivider
19.32.010 Standard Subdivision Procedure. The standard subdivision pro-
cedure set forth in Chapter 19.40 shall be used for all subdivisions creating
five or more parcels, five or more condominiums, a community apartment project
containing five or more parcels, the conversion of a dwelling to a stock coopera-
tive containing five or more dwelling units and/or the conversion of rental units
to condominiums.
19.32.020 Minor Subdivision Procedure. The minor subdivision procedure
set forth in Chapter 19.48 shall be used where:
(a) The land before division contains less than five acres, each
parcel created by the division abuts upon a maintained public street or highway
and no dedications or improvements are required by the City, or
(b) Each parcel created by the division has a gross area of 20
acres or more and has an approved access to a maintained public street or high-
way, or
(c) The land consists of a parcel or parcels of land having approved
access to a public street or highway which comprises part of a tract of land zoned
for industrial or commercial development, and which has the approval of the
City as to street alignments and widths, or
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(d) Each parcel created by the division has a gross area of not
less than 40 acres or is not less than a quarter of a quarter section.
19.32.030 Election of Developer. In all cases not covered by Sections
lg.32.010 or 19.32.020 and where not otherwise governed by law, the Developer
may elect to use either the standard subdivision procedure found in Chaper 19.40
or the minor subdivision procedure found in Chapter 19.48"
SECTION 10. CHAPTER 19.36 OF THE MUNICIPAL CODE AND SECTION 9.03 OF ORDINANCE
NO. 861 AS AMENDED BY ORDINANCE NOS. 887 AND 903 AMENDED.
Chapter 19.36 of the South San Francisco Municipal Code and Section
9.03 of Ordinance No. 861 as Amended by Ordinance Nos. 887 and 903 are hereby
Amended to read as follows:
"CHAPTER 19.36
CONDOMINIUMS AND COMMUNITY HOUSING PROJECTS
Sections:
19.36.010
19.36.020
19.36.030
19.36.040
Conformance to title and chapter required.
Purpose and intent.
Procedures generally.
Tentative map--Data required.
19.36.010 Conformance to title and chapter required. Any condominium
project or community housing project in the city shall be subject to the require-
ments set forth in this title and any additional requirements and procedures set
forth in this chapter.
19.36.020 Purpose and intent. Condominium projects and community housing
projects may require that individuals, with vested ownership in their respective
units, reside and work in close proximity to one another. Condominium projects
and community housing projects also require that such owners be bound together
in an association which is responsible for the maintenance, management, and
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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 and community housing 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 or community housing 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 and community housing projects
differently from apartments and other like structures. Pursuant to such intent
and in order to provide guidance in the consideration of proposed condominium
projects and community housing projects, the purposes of this chapter are as follows:
(a) To ensure that future condominium projects and community housing
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 manage-
ment of condominium projects and community housing 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.
19.36.030 Procedures generally. Condominium projects and community
housing projects shall result in the creation of five or more units, and the pro-
cedure to be used in subdividing a condominium project or community housing project
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shall be the standard subdivision procedure found in Chapter 19~40, in addition
to the requirements and procedures set forth in this chapter~
19~36~040 Tentative map--Data required. The following information and
data shall be required as part of the tentative map and in addition to other require-
ments of this title:
(a) A site plan for all common areas including proposed and/or existing
recreational facilities; landscaping, indicating types and sizes of landscaping
materials; community buildings; walks, drives, and other facilities to be owned
and used in common;
lb) A plan showing the location of all parking, storage and other areas
assigned for use by the owners of each unit;
lc) A copy of the proposed first-year maintenance contract;
Id) Such other information which the city council determines is necessary
to evaluate the project;
le) Approval of the tentative map shall be subject to the following
additional data to be submitted by the subdivider for approval by the city council:
I1) A copy of the proposed budget for maintenance, operation and
reserves for the project, including the proposed monthly cost to each unit; said
budget shall establish sufficient reserves in operating funds for reasonable
operation of the project and capital improvements le~g~ maintenance of buildings
and site improvements)~ Said monthly cost shall be projected at least five 15)
years into the future;
(2) A description of how parking, storage, and other areas outside
of each unit will be owned, managed, and maintained;
(3) Six copies of the proposed CC&R's which would apply to the
project; as a minimum, the CC&R's shall provide for the following:
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(A) Statement of ownership and application of CC&R's to owners
and occupants; this section shall specifically and irrevocably subject owners and
occupants to the provisions of the CC&R's;
(B) Section describing voting rights, and vote distribution.
This section shall provide that the subdivider shall have all of the rights and
responsibilities of an owner prior to sale of each unit;
(C) Section describing the administration and responsibilities
of the association. Association responsibilites shall include administration of
the project, preparing and approving an annual budget, establishing and collect-
ing annual or monthly assessments, maintaining the project with special provi-
sions for maintenance of building exteriors and landscaping, appointing a repre-
sentative to authorize the towing from all common areas of any abandoned or
dismantled vehicles left on the property in excess of ten calendar days, enforcing
the CC&R's and levying penalties for noncompliance with CC&R's;
(D) Section describing the obligations of owners. This section
shall include provisions for: annual or monthly assessments, maintenance and
repair of individual units, use of units, internal structural alterations, use of
common areas and facilities, rights-of-entry for repair and emergency, rules of
conduct;
IE) 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;
(F) Section providing the right of public entry by any govern-
mental agency, department or bureau~ This section shall provide for the right of
immediate access at all times to all portions of the common areas not assigned
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for the exclusive use of the owner of a particular unit. Notice of such right
of governmental agency access shall be prominently displayed in the common areas
of the project;
(G) Section prohibiting the dissolution of the association
without dissolution of the condominium or community housing project. This
section should also prohibit sale or development of the land owned in common
without prior approval of the city;
(H) Section providing for penalties and procedures dealing
with violations of CC&R's;
(I) Section containing landscape and improvement requirements.
The section shall include the following provisions:
" Landscape Plans and Construction of
Improvements. Declarants shall improve or cause to
be improved the landscaped portions of the common
areas and other common areas or properties as shown
on the following plans:
(i) Landscape plans. Plans consist-
ing of sheet(s) designated ,
dated , prepared by ,
Job No. , entitled ,
together with the Legend of Plants as shown on
the Plan and Irrigation System Specifications
consisting of sheet(s), designated
, dated , prepared by
, Job No. , entitled
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Declarants shall file a copy of the as-built
plans with the
Association. The Association shall maintain
same on file as permanent records available
for inspection and review by prospective owners
and other interested persons and for per-
formance of its duties with respect thereto.
(ii) Maintenance of Landscaping· The
Association shall maintain all of the landscap-
ing within the Development in general accordance
with the landscaping plans referred to in sub-
paragraph (i) above, unless climatic conditions
make such maintenance impracticable or unless
the City of South San Francisco consents to a
change in the plan for landscaping.
(iii) Improvement Plans of Other Common
Areas or Properties.
sheets, dated
prepared by
entitled
A plan consisting of
, Revised
, Job. No.
· Declarants
shall file a copy of the as-built plans with the
Association. The
Association shall maintain same on file as
permanent records available for inspection and
review by prospsective owners and other interested
parties and for performance of its duties
with respect thereto.
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(iv) The Association shall maintain and
repair the works of improvement within the land-
scaped areas and the common properties as con-
structed within said properties in accordance with
said plans including, but not limited to, the drive-
ways, curbs and gutters, fences, landscape planting,
water supply system, sanitary sewer, storm drain
system, area lighting system, fire prevention
system, irrigation system, retaining walls and
subdrain system, traffic control signs, devices
and striping, grades and slopes and maintain and
repair the improvements constructed in other
portions of the common areas or properties' Any
modifications of the improvements installed in
accordance with said plans shall be made in
accordance with the procedure set forth in the
Declaration of Covenants, Conditions and Restric-
tions and modification of the use permit
or other applicable zoning permit as so required~
The Association shall provide funds for said main-
tenance and repair in accordance with the assess-
ment provisions set forth in Article ' of
these Covenants~"
IJ) Section providing that upon recordation of the CC&R's,
the provisions in the CC&R's containing landscape and improvement requirements
shall not be rescinded, amended or modified without prior approval of city~
(K) Section containing provisions for the enforcement of
bonded obligations if required pursuant to Title 10, Section 2792.4 of the
California Administrative Code~"
24
SECTION 11. SECTION 19.40.070 OF THE MUNICIPAL CODE AND SECTION 10.07 OF
ORDINANCE NO. 861 AMENDED
Section 19.40.070 of the South San Francisco Municipal Code and
Section 10.07 of Ordinance No. 861, as amended, are hereby amended to read as
follows:
"Copies of the tentative map and statements concerning the proposed
subdivision of any land shall be presented, in amounts as required by the Secre-
tary of the Planning Commission, to said Secretary at least thirty-five (35) days
prior to the Planning Commission meeting, together with a non-refundable process-
ing fee in an amount as set forth in the Master Fee Schedule of the City adopted
by resolution of t~e City Council."
SECTION 12. SECTION 19.44.020 OF THE 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 No. 861, as amended, are hereby amended to read as
follows:
"Upon written application of the Subdivider to the City Council
made prior to the expiration of a tentative map, an extension of the life of a
tentative map may be granted by the City Council as authorized by Government
Code Section 66452.6(e)."
SECTION 13. SECTION 19.44.035 ADDED TO THE MUNICIPAL CODE.
Section 19.44.035 is hereby added to the South San Francisco
Municipal Code and shall read as follows:
"19.44.035 Tentative Map Life, Amendments, Phasing.
(a) Amendment(s) to a tentative map shall not extend its life beyond
the period set forth in Sections 19.44.010 through 19.44.030.
(b) Where several final maps are to be recorded on various phases
of a project covered by a single tentative map, all of said final maps
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must be recorded within the time period set forth in Section 19.44.030
or the tentative map approval shall expire for those parcels for which
final maps are not recorded within said time period."
SECTION 14. FIRST SENTENCE OF SECTION 19.44.220 OF THE MUNICIPAL CODE AND
OF SUBSECTION 11.24 OF ORDINANCE NO. 861 AMENDED
The first sentence of Section 19.44.220 of the South San Francisco
Municipal Code and of Subsection 11.24 of Ordinance No. 861, as amended, is
hereby amended to read as follows:
"The City Clerk, after approval of the City Council, and after signa-
tures and seals have been affixed, shall transmit the final map
and any approved improvement agreement and deed restrictions to the
Clerk of the County Board of Supervisors for ultimate transmittal to
the County Recorder."
SECTION 15. SECTIONS 19.48.120 AND 19.48.130 OF THE MUNICIPAL CODE AND
SUBSECTIONS 12.12 AND 12.13 OF ORDINANCE NO. 861 AMENDED.
Sections 19.48.120 and 19.48.130 of the South San Francisco Muni-
cipal Code and Subsections 12.12 and 12.13 of Ordinance No. 861 are hereby
amended to read as follows:
"19.48.120 Tentative map--Limitation of approval. The approval or
conditional approval of a tentaive map shall be valid for a period of
twenty-four months from the date of approval by the planning commission.
Such approval or conditional approval may be extended by the Planning
Commission upon written request of the Subdivider made prior to the
expiration of the tentative parcel map as authorized by Government Code
Section 66463.5(c)."
"19.48.130 Failure to record parcel map. Any failure to record
a parcel map within twenty-four months from the approval or condi-
tional approval of the tentative map, or prior to the expiration
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of any extension thereof granted, shall terminate all proceedings.
Before a parcel map may thereafter be recorded, a new tentative map
shall be submitted."
SECTION 16. SECTION 19.48.135 ADDED TO THE MUNICIPAL CODE.
Section 19.48.135 is hereby added to the South San Francisco
Municipal Code and shall read as follows:
"19.48.135 Tentative Map Life, Amendments, Phasing.
(a) Amendment(s) to a tentative map shall not extend its life beyond
the period set forth in Section 19.48.120.
(b) Where several parcel maps are to be recorded on various phases
of a project covered by a single tentative map, all of said parcel maps
must be recorded within the time period set forth in Sections 19.48.120 and
19.48.130 or the tentative map approval shall expire for those parcels for
which parcel maps are not recorded within said time period."
SECTION 17. THE FIRST SENTENCE OF SUBSECTION 19.48.170B OF THE MUNICIPAL
CODE AND OF THE SECOND PARAGRAPH OF SUBSECTION 12.17 OF
ORDINANCE NO. 861 AMENDED
The first sentence of Subsection 19.48.170B of the South San
Francisco Municipal Code and the first sentence of the second paragraph of Sub-
section 12.17 of Ordinance No. 861, as amended, are hereby amended to read as
fol 1 ows:
"After such approval, the City Clerk shall transmit the parcel map
and any approved improvement agreement and deed restrictions to the
Clerk of the County Board of Supervisors for ultimate transmittal
to the County Recorder."
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SECTION 18. CHAPTER 19.50 ADDED TO THE MUNICIPAL CODE.
Chapter 19.50 entitled "Vesting Tentative Maps" is hereby added
to the South San Francisco Municipal Code and shall read as follows:
"CHAPTER 19.50
VESTING TENTATIVE MAPS
Sections:
19.50.010 Purpose
19.50.020 Vesting Tentative Map Authorized, Rights Conferred
19.50.030 Vesting Tentative Map, Data Required and Design
19.50.040 Vesting Tentative Map, Processing
19.50.050 Departure from Ordinances, Policies, Standards
19.50.060 Vesting Tentative Map, Expiration
19.50.070 Vesting Tentative Map, Duration of Rights Conferred
19.50.080 Application with other Provisions of this Code.
19.50.010 Purpose. The purpose of this Chapter is to establish pro-
cedures for the filing of Vesting Tentative Maps for residential subdivisions
as required by Government Code Section 66498.8.
19.50.020 Vesting Tentative Map Authorized, Rights Conferred.
(a) Whenever this title requires the filing of a tentative map, a
developer subdividing land for residential development may instead apply
for a Vesting Tentative Map.
(b) Approval or conditional approval of a Vesting Tentative Map shall
confer only those rights mandated by Government Code Section 66498.1 or its
successor.
19.50.030 Vesting Tentative Map, Data Required and Design.
(a) The proposed subdivision design and improvements shall comply with
the requirements of Chapters 19.16 through 19.24.
(b) Vesting Tentative Maps shall show all data required by Sections
19.40.030 or 19.48.020 as applicable.
(c) In addition to the foregoing, each Vesting Tentative Map submitted
to the City shall be submitted concurrently with a complete application for
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a Planned Unit Development Permit.
(d) At the time a Vesting Tentative Map is filed it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
19.50.040 Vesting Tentative Map, Processing.
A Vesting Tentative Map shall be processed in accordance with Chapters
19.40 or 19.48, as applicable, of this Code, except that in every case, a
Vesting Tentative Map shall be processed concurrently with a Planned Unit
Development Permit Application.
19.50.050 Departures from Ordinances, Policies and Standards.
No development approvals or permits that depart from applicable ordi-
nances, policies or standards shall be granted in connection with a Vesting
Tentative Map.
19.50.060 Vesting Tentative Map, Expiration.
(a) the provisions of Chapters 19.44 or 19.48, as applicable, shall
govern the life of a Vesting Tentative Subdivision or Vesting Tentative Parcel
Map.
(b) Approval or conditional approval of an amendment to a Vesting
Tentative Map shall not extend its life beyond the time period set forth
in Subsection {a) above.
(c) Where several final maps or parcel maps are to be recorded on
various phases of a project covered by a single Vesting Tentative Map,
all of said final maps or parcel maps must be recorded within the time
period set forth in Chapters 19.44 or 19.48, as applicable, or the Vesting
Tentative Map approval shall expire for those parcels for which final maps
or parcel maps are not recorded with said time period.
19.50.070 Vesting Tentative Map, Duration of Rights Conferred.
(a) The rights conferred by a Vesting Tentative Map shall last for a
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period of one year beyond the recording of the final or parcel map, as
applicable.
(b) Where several final or parcel maps are recorded on various phases
of a project covered by a single Vesting Tentative Map, the one year time
period shall begin for each phase when the final map for that phase is
recorded~
lc) Notwithstanding the foregoing, if the developer submits a complete
application for a building permit during the period of time set forth in
Subsections la) and lb) above, the rights conferred by this Chapter shall
continue, as to the parcells) covered by said building permit, until the
expiration of that permit~
19i50.075 Vesting Tentative Map Rights - Exceptions~
Nothwitstanding any provisions in this Chapter to the contrary, the City
may condition or deny a permit, approval, extension or entitlement if it
determines any of the following:
(a) A failure to do so would place the residents of the subdivision or
the immediate community, or both, in a condition dangerous to their health
or safety, or both~
lb) The condition or denial is required in order to comply with State
or Federal Law~
19~50~080 Application with other Provisions of this Code~
la) Whenever this Chapter is silent about standards, procedures or other
matters relating to subdivision maps the provisions of this Code applicable
to those standards, procedures or other matters shall apply~
lb) Whenever this Chapter conflicts with other provisions of this Code,
the provisions of this Chapter shall apply~"
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SECTION 19~ SECTIONS 19'56.010 AND 19'80~260 OF THE MUNICIPAL CODE AND
SUBSECTION 15.01 OF ORDINANCE NO. 961 AMENDED.
Sections 19~56~010 and 19~80.260 of the South San Francisco
Municipal Code and Subsection 15~01 of Ordinance No' 861 are hereby amended so
that all references therein to the sum of "Five Hundred Dollars" shall read
"One Thousand Dollars ($1,000)~"
SECTION 20~ SECTION 19~60i070 OF THE MUNICIPAL CODE AMENDED~
Section 19~60~070 of the South San Francisco Municipal Code is
hereby amended to read as follows:
"19i60,070 Public hearing, notice~ Any public hearing held pursuant to
the provisions of this chapter shall be noticed as follows:
(a) Time and Manner of Notice~ Notice shall be given at least ten
calendar days before the hearing in the following manner~
I1) Publication at least once in the Enterprise Journal, a news-
paper of general circulation, published and circulated in the city~
12) Notice of the hearing shall be mailed or delivered at least
10 days prior to the hearing to the owner of the subject real property
or the owner's duly authorized agent, and to the project applicant~
13) Notice of the hearing shall be mailed or delivered at least
10 days prior to the hearing to each local agency expected to provide
water, sewage, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those facilities
and services may be significantly affected~
(4) Notice of the hearing shall be mailed or delivered at least
10 days prior to the hearing to all owners of real property as shown
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on the latest equalized assessment roll within 300 feet of the real
property that is the subject of the hearing~ In lieu of utilizing the
assessment roll, the city clerk may utilize the records of the county
assessor or tax collector which contain more recent information than
the assessment roll~ If the number of owners to whom notice would be
mailed or delivered pursuant to this subsection or Subsection {2) is
greater than 1,000, the city clerk, in lieu of mailed or delivered
notice, may provide notice by placing a display advertisement of at
least one-eighth page in the Enterprise Journal, a newspaper of general
circulation within the City of South San Francisco at least 10 days
prior to the hearing~
(5) If the notice is mailed or delivered pursuant to Sub-
section (4), the notice shall also be posted at least 10 days
prior to the hearing in at least three public places in the City
of South San Francisco, including one public place in the area
directly affected by the proceeding~
(b) Content of Notice~ The notice required herein shall contain the
fol 1 owing i nformati on:
(1) The date, time and place of the hearing~
(2) The identity of the body conducting the hearing~
(3) A general explanation of the matter to be considered~
(4) A general description, in text or by diagram, of the location
of the real property that is the subject of the Development Agreement~
(5) Other information required by specific provision of these
regulations or which the city, through its department heads, may con-
sider necessary or desirable~
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(c) Declaration of Existing Law. The notice requirements referred
to in subsections (a) and (b) are declaratory of existing law (Government Code
Section 65867 and Sections 65090 and 65091 as referenced therein). If state
law prescribes a different notice requirement, notice shall be given in that
manner~
Id) Failure to Receive Notice~ The failure of any person so entitled
to receive the notice required herein shall not affect the authority of the
city to enter into a development agreement"
SECTION 21~ 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 or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional~
SECTION 22' PUBLICATION~
Pursuant to the provisions of Government Code Section 36933, a
Summary of this Ordinance shall be prepared by the City Attorney~ At least five
15) days prior to the Council meeting at which this Ordinance is scheduled to be
adopted the City Clerk shall (1) publish the Summary, and (2) post in the City
Clerk's Office a certified copy of this Ordinance~ Within fifteen 115) days after
adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and
(2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting~
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SECTION 23
EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced this 13th day of November , 1985.
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
27th day of November. , 1985 by the following vote:
AYES: Councilmembers Mark N. Addie'go,' John 'Jack" Drago, Gus Nicolopulos;
and Roberta Cerri Teglia
NOES: None
ABSENT: ___Councilmember Richard A. Haffey'
ATTEST: City Cler~'~~-'
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 27th day of ~ November , 1985~
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