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HomeMy WebLinkAboutOrd. 1472-2013ORDINANCE NO. 1472 -2013 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE MAKING REVISIONS TO CHAPTER 20.260 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, RELATED TO THE GENENTECH MASTER PLAN DISTRICT, APPROVING AN AMENDMENT TO THE SOUTH SAN FRANCISCO ZONING MAP TO INCLUDE ADDITIONAL PROPERTIES THE GENENTECH MASTER PLAN DISTRICT AND APPROVING TWO ADDITIONAL CONDITIONS APPLICABLE SOLELY TO THE ADDED PROPERTIES WHEREAS, in March 2007, the City approved the Genentech Ten -Year Facilities Master Plan Update ( "2007 Master Plan "), incorporating an Implementation Program and Master Transportation Demand Management ( "TDM ") Plan for the project, which allowed for the development of the Genentech campus area, including an expanded biopharmaceutical research and development campus, together with certain office, manufacturing and distribution, and employee- serving uses; and WHEREAS, in an effort to ensure that the 2007 Master Plan remains a relevant policy document and implementation tool, Genentech has submitted an application to update the 2007 Master Plan, which includes an amendment to the Genentech Master Plan District zoning ordinance; and WHEREAS, the proposed zoning map and text amendment ordinance would add four new properties to the Genentech Master Plan District zoning and add administrative procedures for the Genentech Master Plan District zoning; and WHEREAS, WHEREAS, Genentech previously submitted an application to update the 2007 Master Environmental Impact Report ( "2007 MEIR ") prepared for the 2007 Master Plan; and WHEREAS, the Planning Commission reviewed and carefully considered the information in the Draft Supplemental Master Environmental Impact Report and the Final Supplemental Master Environmental Impact Report (collectively, "SMEIR ") and staff report at a duly noticed public hearing held on October 18, 2012, and made findings, and certified the SMEIR, as an objective and accurate document prepared in compliance with CEQA; and WHEREAS, there have been no substantive changes since October 18, 2012 that would result in any additional environmental impacts, and therefore, no further environmental review is required; and WHEREAS, the Planning Commission conducted a public hearing on May 16, 2013 and recommended that the City Council adopt the proposed Master Plan District and Zoning amendments. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. AMENDMENTS. A. The City Council hereby amends the following sections of Chapter 20.260 of the South San Francisco Municipal Code to read as follows (with text in indicating deletion and double underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 1. Amend. Chapter 20.260 "GENENTECH MASTER PLAN DISTRICT" Table of Contents as follows: Sections: 20.260.001 Purpose 20.260.002 District Designation 20.260.003 Development Standards and Requirements 20.260.004 Transportation System Management 20.260.005 Removal of Lots from the Genentech Master Plan District 20.260.006 -6 Administration Add Section 20.260.005 "Removal of Lots from the Genentech Master Plan District" to read as follows: 20.260.005 Removal of Lots from the Genentech Master Plan District A. If a lot no longer qualifies to he included in the Genentech Master Plan District under the requirements con d i _Chanter. from and after the time that such lot no longer qualifies. any new nstruction or demolition on that lot shall conform with th rovjsiQus of the underlying zoning district - related provisions of the Code as they existed at the time of the initial reclassification of that lot to be included in the Genentech Master Plan District. However, any use, building, or structure that fit is existing or under construction at the time that a lot no longer qualifies to be included within the District and (ii) is not hazardous or dangerous to public health or safety, shall be considered a nonconforming use, building, or structure_ such that the lawful existing uses of those buiWings or structures at the time of removal may be continued, despite that such uses may not conform to the underl3dng regulations specified for the district in which such buildings or structures are located. In the event of damage or _destruction, such uses buildings, or structures may be reconstructed and restored to the same extent that they existed before the damage or destruction, provided that there may be no expansion of the nonconformity beyond that which existed prior to the damage or destruction. B. Any property removed from the Genentech Facilities Ten -Fear Master Plan may be removed from the Genentech Master Plan District a on receipt of a petition from Genentech and the property owner(s). Any such petition shall be processed in accordance with Division V. In dition o he requirements of Division V the petition f r r oval shall include an acknowledgement that the properties remaining, in the Genentech Master Plan District will be required to comply with the Genentech Master Plan District development standards then in effect, including but not limited to dev_eloDrawt standards related to vehicular and pedestrian access parking or access to utility -connections. C. If any property proposed to be removed-from, the Genentech Master Plan District wou not comply with the existing development standards related to vehicular and pede tri n access parking, or access to utility connections requirements for the district to which the property is proposed to be rezoned. as a condition of the rezoning, the property owner(s) of properties remaining in the Genentech Master Plan District shall Uant easements or other legally enforceable property rights, to the extent rNuired so that e property removed from the Genentech Master Plan District comply with all then existing development d ds related to vehicular and pedestrian access, parking, or utility connections requirements for the district to which the property is proposed to be rezoned. Such agreements shall be enforceable against other adjacent properties within the _Genentech Master Plan District as appropriate, shall be approved as to form and content by the City Attorney. and shall be properly recorded in the office of the San Mateo County_ Clerk. As a further condition of removal it shall be demonstrated that the property proposed to be removed would comply WiLh h e existing development standards related to TDM for the district to which it is proposed to be rezoned. Such compliance may be demonstrated by a TDM progjam proposed solely for such propedy, or by an agreement or agreements with other property owners or service providers. Any such TDM - related agreements shall be approved as to form and content by the City Attorney and if applicable shall be properly recorded in the office of the San Mateo County Clerk. The property owner(s) of property Proposed to be removed from the District may, as part of the rezoning application, =ly to the City for a waiver in whole or in part of these requirements and the waiver may-.L)nly may-.only be approved Won a finding by e City that under the then-existing circumstances the property proposed to be removed has TDM programs vehicular and pedestrian access, parking, and access to utility connections adequate to serve the Property. D. If any property removed from the Genentech Master Plan District has been developed after =royal of the 2007 Genentech Facilities Ten -Year Master .Plan "2 roval" the net new square feet of development use category as t forth in Section 20.20.003 I evelo ed on that site after the 2007 Approval shall_beAeslucted from the total new development capacity (bv use category as set forth in Section 20.260.003(I)l that was approved as part of the 2007 Approval. E. Upon removal of any property from the Genentech Master Plan District, the Properties remaining in the Genentech Master Plan District shall comply with the Genentech Master Plan District development standards then in effect, including but not limited to development standards related to vehicular and pedestrian access, parking, or access to utility connection or shall be subiect to a plan to bring the properties into compliance�vithin at'me Period specified by the Planning Commission. Renumber former Section 20.260.005 "Administration" to Section 20.260.006 "Administration" to read as follows: 20.260.00 Administration Development review of projects within the Genentech Master Plan District shall be in accordance with all applicable provisions of this Ordinance. A. Administrative Review. The following projects are not subject to discretionary review under this Ordinance except those projects determined by the Chief Planner to potentially have a significant adverse environmental impact or which are not consistent with the design guidelines or the purposes of the Genentech Master Plan District. 1. Additions to existing buildings where only one such addition to such building occurs within a 12 -month period, and where the addition is limited to the lesser of: (a) 10,000 square feet in area; or (b) 20 percent of the existing gross floor area of the building, measured as of the date the specific project application is submitted; 2. Accessory structures and above grade utility systems equal to or less than 500 square feet in area; 3. Interior building modifications which involve changing the use of less than 30 percent of a building's gross floor area; 4. Changes in the use of existing buildings where both the prior and proposed use are defined in the Business Technology Park zoning district as permitted uses; 5. Minor site improvements, including, but not limited to: landscape amenities, small at- grade open parking lots of less than 50 parking spaces and minor above grade utility systems to service existing buildings. Minor site improvements under this section shall also be subject to the square footage limitations contained in paragraph 1 above; and 6. Replacement, relocation or reconstruction of parking lots or spaces which does not result in a parking capacity increase. B. Minor Use Permits. The following projects are subject to the review and approval of a Minor Use Permit by the Chief Planner. The Chief Planner may approve, approve with conditions or deny approval of such projects. 1. Projects Subject to Minor Use Permits. a. Addition(s) to an existing building where only one such addition to such building occurs within a 12 -month period, and where the addition is limited to between 10,000 and 30,000 square feet (but not to exceed 30 percent of the existing gross floor area of the building, measured as of the date the specific project application is submitted). In the event that the total of such additions exceeds 30 percent of the floor area existing at the time of the first request for expansion, the Chief Planner shall notify the Planning Commission of the project approval within four days of the approval; b. Accessory structures and above grade utility systems of between 501 and 5,000 square feet; c. Small, at -grade parking lots of 51 to 150 parking spaces; and d. Temporary uses, such as trailers, parking facilities, storage of construction materials. 2. Required Findings. The Chief Planner's decision to issue a Minor Use Permit shall be based on all of the following findings: a. The proposed use will not be adverse to the public health, safety or general welfare of the community, nor be detrimental to surrounding properties or improvements. b. The use is consistent with the City's general plan and any applicable area plan. c. The proposed use complies with all applicable standards and requirements of this title. d. The use complies with the Genentech Master Plan District's facility design guidelines. C. Conditional Use Permits. All other projects shall be subject to Conditional Use Permit approval. Required findings shall be those required for Minor Use Permit approval in Subsection 20.260.005(B)(2) (Required Findings "). D.Design Review. The following procedures shall apply to design review for projects subject to subsections A and B above. Except where the Chief Planner finds that a proposed project does not involve significant design issues and therefore does not require design review, the procedures contained in Chapter 20.480 ( "Design Review ") are not limited or changed by this chapter. The standards and guidelines to be used during the design review procedure for Genentech Master Plan District projects are: 1. Those contained in the general plan and any applicable area plan; and 2. Those contained in any relevant Planning Commission resolution, except where superseding facility design guidelines have been adopted. E. Annual Development Review. Development activity shall be reviewed at least once a year by the Planning Commission. Genentech shall submit an annual report which includes, as appropriate, the status of facility -wide improvements, progress in completing the required tasks and benchmarks described in the implementation plan, anticipated new construction or renovation projects, an update on transportation and parking needs, an update on mobile vendor (employee amenity) activities on the Genentech campus, an update of the facility -wide transportation demand management (TDM) program, an update on the security program, projected changes in the facility usage and requirements, advance notice of any proposed changes to the facility -wide development standards or design guidelines, and notice of any changes that have been made to the facility master plan since the most recent annual report. F. Fees. 1. Contributions to the Oyster Point Interchange. Genentech shall continue to contribute to the Oyster Point Interchange, in accordance with the existing requirements of the Oyster Point contribution formula, established by Resolution 71 -84. These requirements shall apply to all discretionary land use approvals, including Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 ( "Administration") and Chapter 20.490 ( "Use Permits "), and approvals pursuant to Administrative Review under Section 20.260.005(A) ( "Administrative Review ") where additional vehicle trips will be generated. 2. Contributions to the Capital Improvement Program. Genentech shall continue to contribute its fair share toward the costs of capital improvement projects that support Genentech's development activity, in accordance with the financing policies established in the East of 101 Area Plan. 3. East of 101 Traffic Fee. Genentech shall contribute to East of 101 traffic improvements in accordance with the existing requirements of the East of 101 Traffic Fee contribution formula established by Resolution 101 -2005, or as that resolution may be amended. This requirement shall apply to all discretionary land use approvals, including Administrative Review, Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 ( "Administration "). 4. East of 101 Sewer Fee. Genentech shall contribute to East of 101 sewer improvements in accordance with the existing requirements of the East of 101 Sewer Fee contribution formula established by Resolution 97 -2002, or as that resolution may be amended. This requirement shall apply to all discretionary land use approvals, including Administrative Review, Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 ( "Administration "). 5. Childcare Fee, Genentech shall contribute to childcare in accordance with the existing requirements of the childcare fee contribution formula established by Chapter 20.310 ( "Childcare Fee " ). Such contributions may be in the form of childcare facility construction, fees, or a combination of both facility construction and fees, consistent with Section 20.310.006 ( "Developer Construction of Facilities "). This requirement shall apply to all discretionary land use approvals, including Administrative Review, Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 ("Administration "). B. Amend the South San Francisco Zoning Map as indicated on Exhibit A, attached to this Ordinance to add four properties including APN Nos. 015 - 210 -150, 015- 240 -270, 015 -210 -140, 015 - 010 -090, 015- 102 -360, and 015 - 102370 to the Genentech Master Plan District. C. The conditions attached hereto as Exhibit B shall be imposed against APN Nos. 015 -010- 090, 015 - 102 -360 and 015- 102 -370 and shall run with the land until such time as the conditions have been satisfied. SECTION IL 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 III. 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. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 12th day of June, 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 26th day of June, 2013, by the following vote: AYES: Councilmember Mark N. Addie o Richard A. Garbarino and PradeeP Gul2ta Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez. NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: } Ci C As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26' day of June, 2013. !� r Pedro Gonzal May r Exhibit A Zoning Map Amendments Exhibit B Conditions of Approval 1. In the event that the Britannia East Grand Project is no longer leased to or owned by Genentech and operated as part of the Genentech Master Plan District, the property owner shall comply with the terms of Exhibit C -1, Section 1(B) of the First Amendment to the Development Agreement Related to the Britannia East Grand Project (as further modified by the Second Amendment to the Development Agreement Related to the Britannia East Grand Project) and as further modified to change the date by which the Owner shall obtain all necessary permits and commence construction of the childcare facility to not later than two years after the date the South Campus property is removed from the Genentech Master Plan District and shall complete construction and obtain a certificate of occupancy for the childcare center within four years after the date the South Campus property is removed from the Genentech Master Plan District, 2. In the event that the Britannia East Grand Project is no longer leased to or owned by Genentech and operated as part of the Genentech Master Plan District, the property owner shall obtain any necessary building permits and commence construction of the approximately 8,000 square foot retail /restaurant space required by Part 3 of the Britannia East Grand Development Agreement not later than two years after the date after the South Campus property is removed from the Genentech Master Plan District and shall complete construction for the retail /restaurant space within four years after the date the South Campus property is removed from the Genentech Master Plan District. 2081036.1