HomeMy WebLinkAboutPC Meeting 11-01-12 (Reso 2726-2012) - Terrabay 2012 Plan Amendments Entitlements1
RESOLUTION NO. 2726-2012
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION MAKING FINDINGS AND
RECOMMENDING THAT THE CITY COUNCIL APPROVE
AMENDMENTS TO THE 2008 FINAL TERRABAY SPECIFIC
PLAN AND PRECISE PLAN TO MODIFY CONDITIONS OF
APPROVAL, AND MINOR MODIFICATIONS TO THE
TRANSPORTATION DEMAND MANAGEMENT PROGRAM
FOR THE CENTENNIAL TOWERS PROJECT
WHEREAS, the Terrabay lands have an extensive planning history dating to the early 1980s;
and,
WHEREAS, the City Council of South San Francisco approved the Final Terrabay Specific
Plan Phase III of the Terrabay Development on November 21, 2000, and have since approved
amendments, most recently in 2008, to the Final Terrabay Specific Plan and approved Precise Plan;
and,
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), environmental
impacts of the project and various amendments have been analyzed, resulting in certification of a
1982 Environmental Impact Report (EIR), a 1996 Supplemental Environmental Impact Report
(SEIR), a 1998/99 SEIR, a 2005 SEIR, 2006 and 2008 Addenda, and a 2012 Addendum; and,
WHEREAS, the applicant now requests an amendment to the 2008 Final Terrabay Specific
Plan and Precise Plan to allow a permitted retail use to occupy approximately 5,800 square feet on
the second floor of the South Tower in place of the child care center and accept payment of a child
care impact fee in place of the requirement for child care on site (“2012 Project”); and,
WHEREAS, together, the proposed amendments to the 2008 Final Terrabay Specific Plan,
the Precise Plan, and the conditions of approval, are referred to as the “Amendments”; and,
WHEREAS, pursuant to CEQA, changes to projects for which an EIR has been certified do
not require subsequent EIRs, unless the lead agency determines that the changes will result in new
significant impacts or mitigation measures, or substantially more severe impacts than those analyzed
in the previous EIR; and
WHEREAS, the prior certified EIR, SEIRs and Addenda fully analyzed all potentially
significant impacts and proposed mitigation for said impacts; and,
WHEREAS, the City Council previously adopted a Mitigation Monitoring and Reporting
Program for the project and a Statement of Overriding Considerations for the project’s significant
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and unavoidable impacts, both of which remain in full force and effect; and,
WHEREAS, the Planning Commission reviewed and carefully considered the information in
the Addendum prepared for the 2012 Project, and by separate resolution, recommends the City
Council adopt the Addendum as an objective and accurate document that reflects the independent
judgment and analysis of the City in the discussion of the 2012 Project’s environmental impacts;
and,
WHEREAS, on November 1, 2012, the Planning Commission held a properly noticed public
hearing to consider the proposed Amendments to the Final Terrabay Specific Plan, the Precise Plan,
and conditions of approval, to take public comments, and make a recommendation to the City
Council on the Project.
NOW THEREFORE, based on the entirety of the record before it, which includes without
limitation, (1) the South San Francisco General Plan, and General Plan Environmental Impact
Report; (2) The Final Terrabay Specific Plan, as amended in 2000, 2006, 2008 and as proposed in
2012; (3) The 2005 Certified Supplemental Environmental Impact Report and 2000, 2006 and 2008
Addenda and Mitigation Monitoring and Reporting Program, 1998-99 Certified Terrabay
Supplemental Environmental Impact Report, the 1982 Certified Terrabay Environmental Impact
Report, the Certified 1996 Terrabay Supplemental Environmental Impact Report and Addendum to
the 1998-1999 Certified Terrabay Supplemental Environmental Impact Report; (4) All public
hearings on the project, including minutes and reports prepared for such hearings, the Planning
Commission of the City of South San Francisco, does hereby find as follows:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Exhibits attached to this Resolution, including [list exhibits] are each incorporated by
reference as part of this Resolution, as if each were set forth fully herein.
3. The documents and other material constituting the record for these proceedings are located at
the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San
Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin.
B. Specific Plan Amendments
1. The Amendments are consistent with the South San Francisco General Plan. Amendments
proposed relate to permitting Terrabay retail uses on the second floor of the South Tower.
All findings and analysis made in support of compliance of the project with the General Plan
are unchanged. The approved 2008 Final Terrabay Specific Plan would be modified only to
allow 5,800 square feet of retail on the second floor and payment of a child care impact fee
and as a support use for the approved office use on the site. Therefore, the distribution,
location, and extent of land uses governed by the Terrabay Specific Plan would not be
altered. Specific General Plan consistency findings are as follows:
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Chapter 2.6 Land Use Policies
2-G-1: Preserve the scale and character of established neighborhoods, and protect residents
from changes in non-residential areas.
Analysis: The proposed Project will be a part the approved 2008 Project. The 2012
Project would compliment the existing land uses on the project site, and the existing
approved project compliments the land uses in the area and the City.
2-G-2: Maintain a balanced land use program that provides opportunities for continued
economic growth and building intensities that reflect South San Francisco’s prominent inner
bay location and excellent regional access.
Analysis: The approved Project has immediate access to Highway 101, San Francisco,
the peninsula and the airport which provides local and area-wide clientele for the Project.
Previous fiscal studies indicate that the approved 2008 Project will add to the City’s tax base.
The 2012 Project proposes a supporting use for the approved office component of the 2008
Project and enhances the Project’s overall marketability. The existing FAR is 0.84 under the
1.0 FAR maximum for Business Commercial land use designations with structured parking.
2-I-4: Require all new developments seeking an FAR bonus set forth in Table 2.2-2 to
achieve a progressively higher alternative mode usage.
Analysis: The TDM measures identified in Schedule 20.400: Summary of Program
Requirements (Zoning) of the City’s TDM Ordinance is incorporated into the TDM program
for the Project. The TDM Program is approved and the 2012 Project will amend the program
to result in a 32 percent mode shift.
2-I-13: As a part of development review in environmentally sensitive areas require specific
environmental studies and/or review as stipulated in Section 7.1: Habitat and Biological
Resources Conservation.
Analysis: The 2008 Project avoids critical species habitat, wetlands, and the
archaeological site. The 2012 Project does not change these conditions. The driving factor
in clustering the 2000 Project, as modified subsequently, was the protection of 26 acres (the
Preservation Parcel) for species habitat preservation. Terrabay Phase III was approximately
47 acres in area prior to the designation of the Preservation Parcel as open space and the
Buffer Parcel as a buffer zone. The Preservation Parcel contains over 1,000 Viola
Pendunculata which is the food plant for the endangered Callippee silverspot butterfly. The
Preservation Parcel also preserves the archaeological site and wetlands in perpetuity. The
2012 Project would not affect these conditions.
Chapter 3: Planning Sub-Areas Element: Paradise Valley/Terrabay
3-8-G-2: Improve accessibility to neighborhood shopping opportunities.
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Analysis: The 2008 Project provides office, restaurant and retail land uses and a shared
use performing arts facility. The 2012 Project does not alter these conditions and complies
with this policy.
Chapter 4: Transportation
4-2-G-7: Provide a fair and equitable means for paying for future street improvements;
and, 4-2-I-6: Incorporate as part of the City’s CIP needed intersection and roadway
improvements including Bayshore (now Airport) Boulevard and U.S. 101 Hook Ramps.
Analysis: The 2008 Project Sponsor contributed land and $8.5 million to construct the
hook ramps. The traffic improvements are in place and operational. The 2012 Project would
not change these conditions and has complied with this policy.
4-3-G-2: Provide safe and direct pedestrian and bikeways between and through
residential neighborhoods, and to transit centers.
Analysis: The 2008 Project includes pedestrian walkways to Airport and Sister Cities
Boulevard and to the bus stop on Airport Boulevard. The 2012 Project would not impact or
alter pedestrian and bikeways and links to transit and complies with this policy.
4-3-G-3: In partnership with local employers, continue efforts to expand shuttle
operations.
Analysis: The Terrabay project implements a shuttle service for Peninsula Mandalay.
The shuttle service was expanded to cover the Phase III Project including the 2012 Project.
4-3-I-4: Require provision of secure and covered bicycle parking.
Analysis: The approved TDM Program identifies bicycle facilities. The 2012 Project
would not alter or affect these conditions.
Chapter 5: Parks, Public Facilities and Services
5-I-G-5: Develop linear parks in conjunction with major infrastructure improvements
and along existing utility and transportation rights-of-ways.
Analysis: Terrabay Phase I and II include a linear park. The park terminates within the
Phase III site. The 2012 Project includes a trail to the western portion of the site for an
overlook area. The 2012 Project would not alter these conditions.
Chapter 6: Economic Development
6-G-I: In partnership with business and community groups, proactively participate in the
City’s economic development.
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Analysis: Terrabay has had a long (30 year plus) history that has been controversial.
Beginning in 1999 through to the present, much of the controversy has been abated largely as
a result of the following actions:
• The Planning Commission and City Council designated the Preservation Parcel as
permanent open space.
• Myers Development, City leaders and City staff worked with community groups to
address the restoration and preservation of land and habitat. As a result of this effort, the
results of the restoration are being used as examples of success by U.S. Fish and
Wildlife, San Mateo County and Thomas Reid and Associates. San Bruno Mountain
Watch, in a comment letter on the 2005 SEIR also lauded the restoration of the
Preservation Parcel. The conveyance of the 6.22 acre Recreation Parcel to the City for
open space and recreation.
• Myers Development and the City, in particular the City Council and Planning
Commission sub committee, worked to develop a land plan that in the words of one sub
committee member, “makes economic and land use sense”.
The 2008 Project includes office and retail land use that will bring tax revenues to the City,
provide for police and fire services and pay for its own infrastructure. The 2012 Project will
not compromise these conditions.
2. The Amendments are consistent with the Airport Land Use Plan. Dave Carbone, Staff
Administrator of the C/CAG San Mateo County Airport Land Use Committee (ALUC)
previously reviewed the Final Terrabay Specific Plan and found it complied with the ALUC
requirements (letter of October 25, 2000). The proposed amendment will allow for second
story retail in the South Tower and will not alter the ALUC findings.
3. The Amendments are consistent with the Habitat Conservation Plan. (HCP) Victoria Harris,
biologist with Thomas Reid Associates (The Plan Administrator) reviewed the previously
approved Final Terrabay Specific Plan and found the Specific Plan complied with the HCP
boundary and grading limits (letter of October 25, 2000) certified by the City of South San
Francisco on May 12, 1999. The limits certified by the City on May 12, 1999, were used to
verify HCP Compliance for Terrabay Phase II and Phase III. The Amendments would allow
second floor retail in the South Tower and will not alter the previously approved and
constructed building envelope. The Amendment are consistent with the HCP.
4. Proper environmental documentation has been prepared for the Amendments in accordance
with CEQA Guidelines sections 15162 and 15164. This finding is based upon all evidence
in the record as a whole, including, but not limited to the following: the Planning
Commission’s independent review of the proposed Amendments; the SEIR and relevant
sections of the 1982 EIR and the 1996 Supplemental EIR and the entire 1998/1999 SEIR,
and Addenda thereto, which demonstrate that any significant impacts from the proposed
development have either been avoided or mitigated to a level of less than significance or
were addressed in the Statement of Overriding Considerations. No further environmental
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analysis is required when a prior EIR has been prepared for a project unless new or
substantially more severe significant impacts are identified. The Amendments would not
result in any new or substantially more severe significant impacts or any require changes to
existing mitigation measures. Therefore, in accordance with CEQA Guidelines sections
15162 and 15164, no additional environmental review is required, and an Addendum is the
appropriate CEQA document for approval of the amendment.
5. The Amendments to the Specific Plan will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City because they are permitted uses in the Terrabay
Zoning District and are designed to serve the project as a whole, reduce traffic and provide
public access and benefit.
6. The site is physically suitable for the proposed type and density of development. This
finding is based upon all evidence in the record as a whole, including, but not limited to the
following: The site is suited for the type, density and location of commercial development in
that all the mitigation measures applicable to the Phase III site identified in the 1982 EIR,
1996 SEIR, 1998/99 SEIR, and 2005 SEIR and 2006, 2008 and 2012 Addenda and are
incorporated into the Mitigation Monitoring and Reporting Program. No changes to the
Mitigation Monitoring and Reporting Program are required as a result of the Amendments.
7. The Amendments to the Specific Plan will be superior to development otherwise allowed
under conventional zoning classifications because they are in conformance with the
parameters of the specific plan and allow for preservation of habitat and open space, traffic
improvements and shared uses not otherwise recognized through conventional zoning.
C. Precise Plan Amendments
1. The Amendments to the Precise Plan are consistent with the City of South San Francisco
General Plan for the reasons identified in Section B.1, above. The Amendments are also
consistent with the applicable Terrabay Specific Plan because they would permit high quality
retail, and would require the 7,500 square foot outdoor area to be maintained as an amenity
for project occupants, visitors and customers. In addition, the 2012 Project includes only land
uses that are currently permitted on the Terrabay Phase III commercial site; it does not
introduce new land uses.
2. The Amendments do not require an alteration to or addition of design, improvements and
constructions standards included within the Terrabay Specific Plan and Mitigation
Monitoring and Reporting Program and will not cause environmental damage or
substantially and unavoidably injure fish or wildlife in their habitat and are designed to
achieve compliance with the development and/or construction standards of the Terrabay
Specific Plan. This finding is based upon all evidence in the record as a whole, including, but
not limited to the following: the 1982 EIR, 1996 SEIR, 1998/99 SEIR, and 2005 SEIR and
2000, 2006, 2008 and 2012 Addenda that analyze the anticipated environmental effects of
the proposed Phase III development and together with the adopted Mitigation Monitoring
and Reporting Program demonstrate that the project will either avoid or mitigate impacts of
the project that are likely to cause serious public health problems, or to cause substantial
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environmental damage, or to cause substantial and avoidable injuries to fish, wildlife or their
habitat.
3. The design and type of improvements proposed in the Amendments do not conflict with
public easements for access through or use of the property within the Phase III areas of the
Terrabay development and conform to the provisions of the Subdivision Map Act and
Chapter 19.48.080 of the South San Francisco Municipal Code as to design, drainage,
utilities, road improvements and offers of dedication or deed. This finding is based upon all
evidence in the record as a whole, including, but not limited to the Planning Commission’s
independent review of the proposed Amendments and the reports of the city engineer and
other appropriate department heads.
4. As previously determined by the City Council, Phase III of the Terrabay development
provides, to the extent feasible, future passive or natural heating or cooling opportunities.
No changes are proposed in the Amendments that would alter passive or natural heating and
cooling opportunities. This finding is based upon all evidence in the record as a whole,
including, but not limited to the 1982 EIR, 1996 SEIR, 1998/99 SEIR, and 2005 SEIR and
2006, 2006, 2008 and 2012 Addenda.
D. Minor Modifications to the Transportation Demand Management Program
1. The minor modifications to the TDM Program are allowable and warranted based on the
City’s Municipal Code Section 20.400.007(a), which allows the Chief Planner to approve
minor modifications to final trip reduction plans that are consistent with the original findings
and conditions approved by the Review Authority and would result in the target minimum
alternative mode use. The Chief Planners finds that the proposed modifications would bring
the TDM Program into compliance with current Municipal Code requirements for such
programs, and would effectively target the minimum alternative mode use of 32 percent.
BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as
Exhibit A to this resolution, the Planning Commission of the City of South San Francisco does
hereby:
A. Make the findings contained in this Resolution.
B. Recommend approval of an amendment to the 2008 Final Terrabay Specific Plan to
permit second floor retail in the South Tower where the child care center was
approved and payment of a child care impact fee, and authorization for staff to make
changes to the plan consistent with the City Council’s approval of same.
C. Recommend approval of an amendment to the Precise Plan for the project to permit
5,800 square feet of retail on the second floor of the South Tower as proposed.
D. Affirm the Chief Planner’s finding that minor modifications to the TDM are
allowable.
E. Resolve that this Resolution shall become effective immediately upon its passage and
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adoption.
* * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of
South San Francisco at the regular meeting held on the 1st day of November, 2012 by the following
vote:
Ayes: Chairperson Zemke, Vice-Chairperson Ochsenhirt, Commissioner Giusti,
Commissioner Gupta, Commissioner Martin and Commissioner Sim
Noes: Commissioner Prouty
Abstain:
Absent:
Attest:/s/Susy Kalkin
Susy Kalkin
Secretary to the Planning Commission
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Exhibit A
Conditions of Approval
CONDITIONS OF APPROVAL
2012 AMENDMENT TO THE FINAL TERRABAY PHASE III SPECIFIC PLAN,
PRECISE PLAN AND CONDITION OF APPROVAL
P06-0073: PPM12-0001 AND SPA12-0001
A. PLANNING DIVISION
1. The Applicant/Project shall conform to all the conditions of approval identified in
Resolutions 82-2006 and 88-2009, as modified herein, as well as the additional conditions
contained herein.
2. The Applicant/Project shall implement all the mitigation measures identified in the adopted
Mitigation Monitoring and Reporting Program for Terrabay adopted by City Council
Resolutions 81-2006 and 88-2008 and readopted in 2012.
The following conditions of approval identified in Resolution 81-2006 and 88-2009 modified as
follows:
A.13 All the requirements of the Transportation Demand Management Program (TDM Program)
contained in the Final Terrabay Specific Plan and shown in Attachment B to the 2012 CEQA
Addendum resolution of approval and in accordance with SSF Municipal Code Chapter
20.400 shall be implemented into the project. Monitoring shall occur in accordance with
SSF Municipal Code 20.400 and updates (as needed) of the TDM Program shall occur in
order to assure that the performance objectives (32 percent mode shift) are met. The 20061
Project, as noted in the TDM Program, shall incorporate shuttle bus service into the Project.
The shuttle bus service can either be a stand alone serving the project, connect with the
Alliance shuttle bus service serving the East of 101 areas, or another similar shuttle service
such as the one serving the Peninsula Mandalay Tower. The Applicant shall cooperate with
the City in the development and implementation of a regional shuttle service if such service
is considered by the City.
A.21 The 7,500 square foot outdoor area on the second floor of the South Tower shall be
maintained as an outdoor amenity gathering space, break out area, eating and/or relaxing area
for the project employees and visitors/customers and shall be improved with landscaping,
seating and other features such as a fire pit, outdoor cooking oven, public art or other focal
amenity pieces, regardless of the occupant of the adjacent interior space. The design and
layout of the area shall be subject to the Chief Planner’s review and approval. Prior to
85percent occupancy of the South Tower, all improvements shall be installed.
A.21.a The 5,794 square foot area on the second floor shall be permitted as Final Terrabay Phases II
and III Specific Plan retail uses only. Office is not permitted in this area.
1 The condition contains the requirements of 2006 and is updated to require a 32 percent mode shift.
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A.21.b The 7,500 square foot outdoor amenity area shall be retained and maintained as an outdoor
amenity area accessible to the tenants, visitors and customers of the Centennial Towers
project.
A.21.c The child care fee estimated to be approximately $410,000 shall be paid according to the
provisions and requirements of the City’s ordinance.
A.22 The 2006 Project shall be an essentially “complete project” should the project be constructed
in two phases. Therefore, notwithstanding which office tower may be constructed first, the
performing arts, landscaping, Point of San Bruno Mountain land replanting and public art
program shall be in place at the time a certificate of occupancy is issued for the first phase of
construction. The remaining yet-to-be developed portion of the project shall be landscaped,
include outdoor seating areas and outdoor art, such as sculpture.
A plan that represents a “complete project” shall be submitted along with the building
permits for the first phase of construction should the project be phased. The Plan shall be
reviewed and approved by the Chief Planner and shall include at a minimum the
requirements of this condition. The taller of the two northwestern retaining walls shall not be
constructed prior to construction of the North Tower. This area shall also remain in a
“natural state” which involves either burying the smaller of the two retaining walls (if
constructed in the first phase) or deferring its construction to the second phase and
landscaping the area in either case.
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Exhibit B
Final Terrabay Specific Plan Amendment
Addition of paragraph four on page 1-45 of the Final Terrabay Phases II and III Specific Plan:
The December, 2012 Plan Amendment permits replacing the day care center (subject
to payment of the City’s Childcare Fee) with permitted retail identified in the Final
Terrabay Specific Plan Phases II and III and the Terrabay Specific Plan Zoning
District (SSSMC 20.240). The outdoor area on the second floor of the South Tower
shall be improved as and remain as an outdoor amenity area for the project as a
whole and visitors to the project regardless of the occupant of the adjacent interior
space. The outdoor area shall contain landscaping, seating areas and focal points
such as a fire pit, outdoor cooking oven and art.
High quality commercial and restaurant uses recognized nationally by their name are
permitted commercial retail uses on the Phase III Commercial site. Businesses such
as Baja Fresh, Starbucks, Peets Coffee and Tea, The Cheesecake Factory, Gordon
Biersch, Jamba Juice, Pasta Pomodoro, Wolfgang Puck, Kulettos and Il Fornaio are
higher end well-performing businesses appropriate for the Phase III site. Specialty
services such as computer stores, office supply, bookstore stores, retail dry cleaner
outlets, shoe repair, florists, specialty high-end grocery and/or deli uses, sundry
shops, boutiques and similar uses are permitted support uses. These types of retailers
or their equivalent are permitted. Significant deviations from these types of retail
uses, as determined by the chief planner, may not be permitted or may require a
conditional use permit. The applicant will be required to demonstrate how the
proposed use is substantially equivalent to the uses and retailers listed above. No fast
food drive through restaurants are permitted on the Phase III site. Medical office and
associated uses are not permitted on the ground floor. Retail oriented financial or
business serving uses that support commercial retail such as automatic teller
machines (ATM’s) are permitted with approval of a use permit on the ground floor
and provided that these types of uses can be shown to be of benefit to the employees
of the site and do not exceed ten percent of the ground floor retail space.
1991170.1