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Home My WebLink AboutOrd. 1454-2012 ORDINANCE NO. 1454 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE MAKING FINDINGS AND AMENDING THE CITY OF SOUTH SAN FRANCISCO ZONING MAP, RELATED TO THE MIXED -USE DEVELOPMENT AT 418 LINDEN AVENUE WHEREAS, the City of South San Francisco ( "Owner ") and Brookwood Group ( "Applicant ") have proposed construction of a four -story mixed -use residential and commercial development, consisting of 25 residential condominiums above approximately 6,200 square feet of ground -floor commercial space and 27 below grade parking spaces ( "Project ") on an approximately 14,000 square foot site, which is currently a temporary public parking lot, located at 418 Linden Avenue, between Lux Avenue and Linden Lane ( "Project Site ") in the City of South San Francisco ( "City "); and, WHEREAS, Applicant seeks approval of General Plan Amendment, Zoning Map Amendment, Use Permit, Tentative Subdivision Map and Design Review for the Project; and, WHEREAS, approval of the Applicant's proposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code, §§ 21000, et seq. ( " CEQA "); and, WHEREAS, in accordance with CEQA, an initial study was performed, the result of which was preparation and circulation of a mitigated negative declaration ( "IS /MND ") analyzing the proposed Project and concluding that approval of the Project could not have a significant effect on the environment because the impacts of the Project could all be mitigated to levels below established CEQA thresholds of significance with the adoption of mitigation measures; and, WHEREAS, the Planning Commission held a duly noticed public hearing on January 19, 2012, to consider the IS /MND, the proposed General Plan Amendment, Zoning Map Amendment, Use Permit, Tentative Subdivision Map and Design Review for the Project and take public testimony, at the conclusion of which, the Planning Commission recommended that the City Council adopt the IS /MND and approve the Project; including adoption of the zoning map amendment; and, WHEREAS, the City Council has reviewed and carefully considered the information in the IS /MND, and by separate resolution adopts the IS /MND, as an objective and accurate document that reflects the independent judgment and analysis of the City with regards to the Project's environmental impacts; and, WHEREAS, the City Council held a duly noticed public hearing on February 22, 2012, to consider the IS /MND, the General Plan Amendment, Zoning Map Amendment, Use Permit, Tentative Subdivision Map and Design Review and take public testimony; and, WHEREAS, as required by State law and the South San Francisco Municipal Code, the City Council has independently reviewed the Project and the IS /MND, and makes the findings contained herein in support of the Project. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §§ 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Mitigated Negative Declaration prepared for the Project; all reports, minutes, and public testimony submitted as part of the Design Review Board meeting held on September 21, 2010; all reports, minutes, and public testimony submitted as part of the Parking Place Commission meeting held on August 9, 2011; all reports, minutes, and public testimony submitted as part of the Planning Commission's meeting held on January 19, 2012; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on February 22, 2012; and any other evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2), the City Council of the City of South San Francisco hereby finds as follows: SECTION I. FINDINGS A. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibit attached to this Resolution, including the proposed Zoning Map Amendment (Exhibit A) is 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. 4. The proposed Project, including General Plan Amendment, Zoning Map Amendment, Tentative Subdivision Map, Use Permit, and Design Review are consistent and compatible with all elements in the City of South San Francisco General Plan (as proposed for amendment). The General Plan includes policies and programs that are designed to encourage the development of the downtown as a pedestrian - friendly mixed use activity center with retail and visitor - oriented uses. Further, the land uses, development standards, densities and intensities, buildings and structures proposed are compatible with the goals, policies, and land use designations established in the General Plan (see Gov't Code, § 65860), and none of the land uses, development standards, densities and intensities, buildings and structures will operate to conflict with or impede achievement of the any of the goals, policies, or land use designations established in the General Plan. 5. The proposed Project is consistent with the standards and requirements of the City's Zoning Ordinance (as proposed for amendment) and with the provisions of the Downtown Core District. The parcelization and development of the Project Site would result in a 25 residential condominiums above approximately 6,200 square feet of ground -floor commercial space, and would meet minimum design standards. 6. The site is physically suitable for the type of development and density proposed, as the mixed -use development will benefit from being located in the downtown area, and the size of the retail and the number of residential units is appropriate for the location and meets the City's land use and zoning standards. 7. The environmental impacts of the proposed Zoning Map Amendment have been fully analyzed in accordance with CEQA in IS /MND, which is proposed to be adopted as part of the Project. B. Zoning Amendment Findings 1. The proposed Zoning Map Amendment consists of expanding the Downtown Core Zoning District boundary to include the Project Site. 2. As required under State law, the South San Francisco General Plan, and the South San Francisco Municipal Code, in support of the Zoning Map Amendment, the City Council finds as follows: (a) The proposed Zoning Map Amendment is consistent with the City of South San Francisco General Plan (as proposed for amendment), in that the Project will further a number of Guiding and Implementing Policies in the General Plan that are designed to encourage the development of the downtown as a pedestrian - friendly mixed use activity center with retail and visitor - oriented uses. Further, the land uses, development standards, densities and intensities, buildings and structures proposed are compatible with the goals, policies, and land use designations established in the General Plan (see Gov't Code, § 65860), and none of the land uses, development standards, densities and intensities, buildings and structures will operate to conflict with or impede achievement of the any of the goals, policies, or land use designations established in the General Plan. (b) The proposed Zoning Map Amendment is internally consistent with the City's Zoning Ordinance, as proposed for amendment, since the amendment meets the requirements and standards of the Zoning Ordinance, and the procedural requirements of Chapter 20.550 ( "Amendment to Zoning Ordinance and Map "). (c) The subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses and the proposed change of zoning district is not detrimental to the use of land in any adjacent zone. (d) The proposed Zoning Map Amendment furthers and is reasonably related to the public health, safety, and welfare, in that the proposed land use and development standards for the Zoning Map Amendment will create a more pedestrian- oriented mixed use area and minimize reliance on vehicle use, thereby helping to address the City's climate change and public health objectives. SECTION II. ADOPTION OF ZONING AMENDMENTS Based on the entirety of the record, as described above, and for the reasons set forth in Section I of this Ordinance, and the Exhibit to this Ordinance, the City Council of the City of South San Francisco, does hereby amend the City's Zoning Map, as set forth in Exhibit A. SECTION III. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. 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 days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 22 day of February, 2012. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 14 day of March, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard Garbarino NOES: None ABSTAIN: None ABSENT: None ATTES Ale ' .. lerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 14 day of March, 2012. Richard A. arbarino, Mayor Exhibit A Zoning Map Amendment Exhibit A j Zonin • Ordinance Map Change - Rezo_ne ..... it/ i / „,..___....., P ' -4 1 , %.; i priTilyil _ ,ig--, / tio '-.,L \I i , t , ow: ....--- r . "-- t luziali - , / \: ..:.:...‘ at Wasi , : ' t's - ---i LI- l ia r k i gi ' i :1 p . 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