All improvements shall conform to the city engineering standards. Any deviation shall be permitted only with the written approval of the city council in accordance with Section
19.16.240. Permission shall be obtained from the city engineer before any construction is started.
(Ord. 861 § 7.01, 1981)
Improvements to be installed by each subdivider shall include
the following:
(a) Curb, gutter, sidewalk and walkways;
(b) Water lines, gas lines, electric lines, cable television substructures
and other utility services to serve each lot and shall be stubbed
to clear public improvements prior to paving;
(c) Fire hydrants of a type and size approved by the fire chief; fire
flow shall be as approved by the fire chief;
(d) Sanitary sewers and separate laterals to serve each lot and shall
be stubbed to property line prior to paving. Sewer mains shall be
of sufficient size to accommodate potential future development within
the upstream basin;
(e) Storm sewers, drains and channel improvements when necessary for
general use of the development; storm drains shall be of sufficient
size to accommodate potential future development within the upstream
basin;
(f) Silt basins or other forms of erosion control as required by the
city engineer in accordance with current, accepted engineering practices;
(h) Street lights; the spacing of standard street lights and underground
wiring of all street lighting systems shall be approved by the city
engineer;
(i) Street trees; not less than one tree per plot, average spacing fifty
feet on center and of a type specified as required by the street tree
ordinance of the city;
(j) Street name signs at locations approved by the city engineer;
(k) Street-end barricades, walls or fencing where required;
(l) Traffic signals, signs, controls and markings where streets intersect
and at other locations required by the city engineer;
(m) When required by the fire chief, a fire alarm system and alarm boxes
of a type and at locations approved by the fire chief;
(n) Utility distribution lines including, but not limited to, electric,
communications, street lighting and cable television shall be required
to be placed underground. The subdivider is responsible for complying
with the requirements of this section, and he shall make the necessary
arrangements with the utility companies for the installation of such
facilities. For the purposes of this section, appurtenances and associated
equipment such as, but not limited to, surface-mounted transformers,
pedestal-mounted terminal boxes and meter cabinets, and concealed
ducts in an underground system may be placed aboveground in commercial
and industrial subdivisions only. All surface-mounted installations
shall be screened with landscaping as approved by the city council
or placed beyond any setback required by the applicable zoning district
regulations.
(Ord. 861 § 7.02, 1981)
Regulations for dedication of land, payment of fees, or both, for park and recreation land in subdivisions can be found in Sections
19.24.040 through
19.24.110.
(Ord. 861 § 7.03, 1981; Ord. 1519 § 1, 2016)
Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this section and Sections
19.24.030 through
19.24.110 for the purpose of providing park and recreational facilities to serve future residents of such subdivision.
(Ord. 861 § 7.03(a), 1981; Ord. 1519 § 1, 2016)
(a) Except as provided in subsection
(b), as a condition of approval of a tentative or final subdivision map or parcel map, a subdivider shall either dedicate land pursuant to Section
19.24.080, pay a fee pursuant to Section
19.24.090, or do both.
(b) Pursuant to California
Government Code Section 66477(a)(8), subdivisions containing less than five parcels and those not used for residential purposes, shall be exempted from the dedication of land or fees required under Sections
19.24.030 through
19.24.110 of this chapter. However, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years of the approval of a map, the city shall require the owner of each parcel to pay the fee as a condition of the issuance of the building permit. In addition, the provisions of Sections
19.24.030 through
19.24.110 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.
(Ord. 861 § 7.03(b), 1981; Ord. 993 § 6, 1985; Ord. 1519 § 1, 2016)
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.
(Ord. 861 § 7.03(c), 1981; Ord. 993 § 6, 1985)
(a) Population density for the purpose of Sections
19.24.030 through
19.24.110 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 (commencing with Section 40200) of Part 2 of Division 3 of Title
4 of the
Government Code.
(b) 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 subdivision tract
map is filed with the city council for approval.
(Ord. 861 § 7.03(d), 1981; Ord. 993 § 6, 1985; Ord. 1519 § 1, 2016)
(a) The amount of land required to be dedicated by a subdivider pursuant to Sections
19.24.030 through
19.24.110 shall be based on the formula set out in Formula 19.24.080(a).
(b) The following formula and table of population density and acreage
to be dedicated has been established pursuant to
Government Code Section
66477(b) (see Table 19.24.080(a)).
Formula 19.24.080(a)
|
Residents Per Unit X 0.003 (3 acres per 1,000 Residents) = Minimum
Required Acres to be Dedicated per Unit
|
Table 19.24.080(a)
Parkland Dedication Formula
|
---|
Units in Structure
|
Acres per Resident
|
Average Residents per Unit
|
Park Land Acres Required per Unit
|
---|
1 (single-family residential unit)
|
.003
|
3.45
|
.01035
|
2 to 4 (duplex to four-plex)
|
.003
|
2.98
|
.00894
|
5 to 19
|
.003
|
2.53
|
.00759
|
20 to 49
|
.003
|
2.04
|
.00612
|
50 or more
|
.003
|
1.78
|
.00534
|
Mobile home
|
.003
|
2.65
|
.00795
|
(Ord. 861 § 7.03(e), 1981; Ord. 993 § 6, 1985; Ord. 1043 § 1, 1988; Ord. 1519 § 1, 2016)
(a) Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be equal to the average fair market value of the amount of land that would otherwise have been required to be dedicated using the formula in Section
19.24.080. The fee shall be determined using the formula set out in Formula 19.24.090(a). Fees to be collected pursuant to this section shall be approved by the director of parks and recreation.
Formula 19.24.090(a)
|
Units in Structure X Average Residents per Unit* X 0.003 (3
acres per 1,000 Residents) X Average FMV per acre* = In-lieu fee
|
* For the purposes of this formula, residents per unit will be determined by the Parkland Dedication Formula Table 19.24.080(a) and the fair market value (FMV) per acre will be determined pursuant to Section 19.24.090(b).
|
(b) In order to determine the fair market value of land per acre for
purposes of this chapter, the city will obtain a written appraisal
from a qualified appraiser assessing the average fair market value
of land per acre in the city of South San Francisco. Such appraisal
setting the fair market value of land in the city shall be approved
by resolution of the city council. A new appraisal may be periodically
conducted to reflect changes in the real estate market; provided,
however, that such appraisal may not be conducted more than once per
year.
(c) Fees paid pursuant to this section shall be adjusted annually in
accordance with the All Urban Consumers, San Francisco-Oakland-San
Jose (AUC-CPI); such annual adjustment shall be approved by resolution
of the city council. In addition, the city may collect a reasonable
administrative fee to cover the cost of administering the program
as determined by the finance director and approved by resolution of
the city council.
(d) Except as allowed by
Government Code Section 53077.5(b), the fees
payable pursuant to this section shall be paid in full when the first
dwelling in the subdivision receives its final inspection or certificate
of occupancy, whichever occurs first.
(Ord. 861 § 7.03(f), 1981; Ord. 993 § 6, 1985; Ord. 1043 § 2, 1988; Ord. 1519 § 1, 2016)
(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 he
desires to dedicate land for this purpose, he shall designate the
area thereof on the tentative subdivision 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 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 subdivision 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 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
19.24.110.
(Ord. 861 § 7.03(g), 1981; Ord. 993 § 6, 1985; Ord. 1519 § 1, 2016)
(a) Common interest developments, as defined in Section 4100 of the California
Civil Code, shall be entitled to receive a credit, as determined by the city council, in accordance with the procedures outlined below, against the amount of land required to be dedicated or the amount of fees imposed pursuant to Sections
19.24.030 through
19.24.110, for the value of private open space within the development which is usable for active recreational uses. Where such space is to be privately owned and maintained by the common interest development, partial credit, not to exceed fifty percent, may be given for the value of private open space within the development 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 adaptable for
use for park and recreational purposes, taking into consideration
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 specific recreation/park
needs of the future residents of the area:
|
Recommended Facilities Sizes
(Sq. Ft.)
|
---|
Children’s play apparatus area (tot lot)
|
500—3000
|
Landscaped park-like and quiet areas
|
(See (7) below)
|
Family picnic area
|
2000—3000
|
Athletic facilities/game court area
|
0.25 acres—0.75 acres
|
Swimming pool with adjacent deck and lawn areas
|
2000—3000
|
Recreation center building
|
1500—2500
|
Water oriented facilities
|
(See (7) below)
|
Turf playfield
|
5000 +
|
Recreational community gardening
|
(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 with
improvements as proposed are acceptable in size, design and number
in order to receive the proposed amount of credit towards the project’s
parkland requirements up to but not more than the maximum credit allowed
under this chapter for the private open space proposed.
(b) All such common interest developments shall meet a minimum of fifty
percent of the total project parkland dedication requirement by payment
of fees in lieu of dedication.
(c) Credit for private on-site open space qualifying as usable for active
open space, as defined in this section, shall be applied against a
project’s total parkland dedication requirements at a ratio
of one-to-one (1:1) 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 or an equivalent amount of fees in
lieu of dedication up to a maximum fifty percent of the total project
park land dedication requirement.
(d) In those instances where the actual amount of on-site open space credit granted by the city to a common interest development 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.
(Ord. 993 § 6, 1985; Ord. 1519 § 1, 2016)
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.
(Ord. 861 § 7.03(h), 1981; Ord. 993 § 6, 1985)
(a) The land and fees received under this section and Sections
19.24.030 through
19.24.100 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 subsection
(a), fees received under this section and Sections
19.24.030 through
19.24.100 may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located if all of the following requirements are met:
(1) The neighborhood in which the fees are to be expended has fewer than
three acres of park area per one thousand members of the neighborhood
population;
(2) The neighborhood in which the subdivision for which the fees were
paid has a park area per one thousand members of the neighborhood
population ratio that meets or exceeds the ratio calculated, pursuant
to California
Government Code Section 66477(a)(2)(A), but in no event
is less than three acres per one thousand persons;
(3) The city council holds a public hearing before using the fees in
a neighborhood other than the neighborhood where the fees were paid;
(4) The city council makes a finding supported by substantial evidence
that it is reasonably foreseeable that future inhabitants of the subdivision
for which the fee is imposed will use the proposed park and recreational
facilities in the neighborhood where the fees are used; and
(5) The fees are used within a specified radius that complies with the
city’s ordinance, and are consistent with the adopted general
plan or specific plan of the city. For purposes of this clause, “specified
radius” includes a planning area, zone of influence, or other
geographic region designated by the city, that otherwise meets the
requirements of California
Government Code Section 66477.
(Ord. 861 § 7.03(i), 1981; Ord. 993 § 6, 1985; Ord. 1519 § 1, 2016)
The following off-site improvements may be required when the
improvements are needed to serve the proposed subdivision:
(a) Properly graded, drained, paved and improved access roads;
(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 dwelling units or more if developed to the maximum density shown on the adopted general plan or contains one hundred 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 subdivisions,
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 subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.
(f) 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 years old
when no new dwelling units are added.
(Ord. 861 § 7.05, 1981; Ord. 993 § 7, 1985)
(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, the 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 constructing major thoroughfares as required
to accomplish the goals of the following:
(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 railways,
freeways, streams or canyons for which bridge 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 connecting to the state highway system.
(2) Prior to the imposition of any fees pursuant to this subsection (b)
the city council shall hold a public hearing and shall, by resolution,
determine at such hearing:
(A) The boundaries of the area of benefit;
(B) The costs of the required improvements, whether actual or estimated;
(C) A fair method of allocation of costs to the area of benefit;
(D) A fair method of fee apportionment (the method of fee apportionment,
in the case of major thorough-fares, 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 days prior to the public hearing as
follows:
(A) Notice of the hearing shall be mailed or delivered at least ten 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 ten 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.
(C) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred 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
(5)(A) is greater than one thousand, 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 ten days prior to the hearing.
(D) The city clerk shall cause notice of said hearing to be published
at least once in the Enterprise Journal a newspaper of general circulation,
published and circulated in the city of South San Francisco; and
(E) The city clerk shall cause notice of the public hearing required
herein to be posted in at least three 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.
(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 thoroughfares
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 construction, 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 improvement, and sufficient protests
are not withdrawn so as to reduce the area represented to less than
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.
(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 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-year period, from commencing and carrying on new proceedings
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 this 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 thorough-fare project. If the benefit area is one in
which more than one bridge is required to be constructed, 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 construction
or reimbursement for construction of the improvement serving the area
to 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.
(14) The term “construction” as used in this subsection includes
design, acquisition of right-of-way, administration of construction
contracts and actual construction.
(Ord. 993 § 8, 1985)
In addition to all other requirements in this title:
A. Improvement
work shall not be commenced until improvement plans for such work
have been submitted to and approved by the city engineer.
B. No
grading shall be commenced until a grading plan has been submitted
to and approved by the city engineer and a grading permit is issued
by the city engineer.
C. All
improvements shall be constructed under the inspection of, and to
the satisfaction of the city engineer.
D. Cost
of inspection shall be borne by the subdivider and shall be deposited
in the manner and in the amount established by the city. The cost
of inspection shall be secured by a cash deposit with the city in
the amount of two percent of the estimated cost of subdivision improvements.
(Ord. 861 § 7.06, 1981; Ord. 967 § 9, 1984)