Title
Ordinance amending Chapter 20.300 of the South San Francisco Municipal Code to repeal and reserve Section 20.300.007(K), eliminating the option for some property owners seeking to intensify the use of their properties to make a contribution to the Cultural Arts Fund in lieu of meeting City landscaping requirements.
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WHEREAS, Section 20.300.007 of the South San Francisco Municipal Code requires applicants for specified development projects to meet certain landscaping regulations for the properties to be developed; and
WHEREAS, subsection (K) of Section 20.300.007 allows for a certain subset of development projects subject to the landscaping regulations to make a payment to the City’s Cultural Arts Fund in lieu of meeting all of the landscaping regulations; and
WHEREAS, for at least 10 years, no applicant for development has sought to make a contribution to the Cultural Arts Fund in lieu of meeting the applicable landscaping requirements. At a meeting held on August 26, 2020, the City Council concluded that the in-lieu payment option should therefore be repealed; and
WHEREAS, at the same meeting the City Council expressed its interest in considering the adoption of a Citywide public art requirement for all forms of new development that would allow applicants to make a payment to the Cultural Arts Fund in lieu of providing new public art as part of a project. The City Council will consider such an ordinance in calendar year 2021.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference.
SECTION 2. Amendments to South San Francisco Municipal Code Chapter 20.300
Title 20, Chapter 20.300 of the South San Francisco Municipal Code is hereby amended to repeal subsection (K) of Section 20.300.007 and to reserve subsection (K) for future use.
SECTION 3. Use of Cultural Arts Fund
The Cultural Arts Fund established by Section 20.300.007 shall continue to exist and moneys in the Cultural Arts Fund shall continue to be used for the purposes specified in Section 20.300.007 prior to its repeal.
SECTION 4. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 5. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) 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 (15) days after the 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. This Ordinance shall become effective thirty (30) days from and after its adoption.