HomeMy WebLinkAboutOrd 1307-2002ORDINANCE NO. 1307-2002
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 20.74.120 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE RELATED TO OFF-SITE
PARKING REOUIREMENTS
WHEREAS, the Planning Commission, after a duly noticed public hearing on March 7,
2002, recommended that the City Council adopt an ordinance that allows a parking lease
agreement to be used in lieu of a parking easement in those cases where the required on site
parking spaces for a particular use exceed those available on site and the applicant desires to use
adjacent or nearby property to satisfy the parking requirements; and,
WHEREAS, the sharing of parking spaces between adjacent or nearby property owners is
consistent with the General Plan. Specifically, the Transportation Element of the General Plan
encourages exploring opportunities to share existing parking facilities in order to reduce the
amount of land needing to be converted into new parking lots (see Policy 4.3-1-13). Because the
amendment facilitates shared parking by allowing adjacent or nearby property owners to contract
for the use of a single parking facility, this amendment furthers General Plan Policy 4.3-1-13;
and,
WHEREAS, pursuant to Section 15061(b)(3) of the California Environmental Quality
Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Section 15061(b)(3) states that where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In this case, the ordinance allows an applicant to substitute a
lease agreement for parking in lieu of a parking easement. The amendment refers to the type of
legal document required to satisfy the off-site parking requirements of the Zoning Code. The
amendment does not confer a right to proceed with a project but rather every project subject to
the requirements of Chapter 20.74 must undertake a separate environmental analysis prior to
project approval.
NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN
as follows:
Chapter 20.74, Section 20.74.102 (b), "Location" of the City of South San
Francisco Municipal Code is amended to read as follows:
Parking spaces for all non-residential uses shall be located on the same lot or
parcel as the facility or use to be served, exCept that an adjacent contiguous, or
other proximate property (i.e. within 500 feet) may be used by the permitee for
the parking spaces subject to approval of a conditional use permit if either of the
following occurs:
o
1)
The owner of record of the adjacent, contiguous or other proximate property
submits a title report for the parcel and a covenant running with the land, or an
easement, which (1) describes the parcel and obligates it for parking purposes
free and clear of exceptions which would interfere with the use, (2) describes
the obligation of the party to maintain the parking facility, and (3) describes
the parking facility by a parking diagram approved by the planning
commission. The covenant running with the land, or easement, shall be
subject to the approval of the city attorney and shall be recorded in the county
recorder's office; or
2)
The permittee enters into a parking lease agreement with the owner or owner's
agent of the adjacent, contiguous or other proximate property that states 1) the
number of spaces subject to the lease; 2) the days and hours of operation when
the parking will be leased and 3) a description of ~the facility, including a
parking diagram. This agreement shall be signed by both the permittee and
property owner or agent of the property owner authorized to bind the owner
and shall be subject to the approval of the city attorney and recorded in the
county recorder's office.
(a) This lease agreement shall be subject to review and approval by the
approving body for the use permit.
(b)
Any use permit for which a lease for parking is used to satisfy the
requirements of this section shall include a condition of approval which
states the use permit is subject to revocation if the lease for parking is
terminated. The use permit shall also contain a condition of approval
requiring the permittee to provide written notice to the City of termination
of the lease.
PUBLICTION AND EFFECTIVE DATE
This ordinance shall be published once, with the names of those City
Councilmembers 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.
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.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the l0th C_ay of April, 2002.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 24th day of April, 2002 by the following vote:
AYES: Councilmembers Raymond L. Green and Karyl Matsumoto, and
Mayor Eugene R. Mullin
NOES: None.
ABSTAIN: None.
ABSENT: Councilmember Joseph A. Femekes and Mayor Pro Tem Pedro Gonzalez
Cigy Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 24th day of April 2002.~ayor