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HomeMy WebLinkAboutOrd. 1485-2014ORDINANCE NO. 1485 -2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A 14.5 ACRE SITE FOR THE CENTENNIAL VILLAGE AT 180 EL CAMINO REAL PROJECT IN THE EL CAMINO REAL MIXED USE (ECRMX) ZONING DISTRICT WHEREAS, El Camino and Spruce LLC ( "Applicant ") has submitted an application for a mixed -use project on an approximately 14.5 acre site located at 180 El Camino Real, which consists of approximately 220,000 square feet of commercial /retail space and up to 284 residential rental units ( "Project "); and, WHEREAS, Applicant seeks approval of a Use Permit, Design Review, Transportation Demand Management Plan, and Development Agreement; and, WHEREAS, as part of its application, the Applicant has sought approval of a Development Agreement, which would clarify and obligate several project features and mitigation measures, including payment of existing fees (such as the Sewer Capacity Fee, General Plan Maintenance Fee, Childcare Impact Fee, and Public Safety Impact Fee), and certain future fees (including a Park -in -Lieu Fee); 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, by separate Resolution, the City Council adopted an Initial Study /Mitigated Negative Declaration ( "IS/MND ") on February 26, 2014 in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the Project; and, WHEREAS, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing on August 15, 2013 to solicit public comment and consider the IS /MND and the proposed entitlements and take public testimony, at the conclusion of which, the Planning Commission recommended that the City Council adopt the IS /MND, approve the entitlements and recommended that the City Council approve the Development Agreement; and, WHEREAS, the City Council held a duly noticed public hearing on September 11, 2013, which was continued to September 25, 2013 and to October 23, 2013 and to November 13, 2013, and another duly noticed public hearing on February 12, 2014, which was continued to February 26, 2014 and to March 12, 2014, to consider the Project entitlements and Development Agreement, and take public testimony. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Findings. 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 General Plan, General Plan EIR and South El Camino Real General Plan Amendment EIR; the South San Francisco Municipal Code; the Project applications; the Centennial Village Project Plans, as prepared by Johnson Lyman Architects, dated August 1, 2013; the Preliminary Transportation Demand Management Plan, as prepared by TJKM Transportation Consultants, dated July 9, 2013; the 180 El Camino Real IS /MND, including the Draft and Final MND and all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's meeting held on August 15, 2013; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on September 11, 2013, which was continued to September 25, 2013 and to October 23, 2013 and to November 13, 2013, and duly noticed public hearing on February 12, 2014, which was continued to February 26, 2014 and to March 12, 2014; 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: A. The foregoing Recitals are true and correct and made a part of this Ordinance. B. The proposed Development Agreement (attached as Exhibit A), is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. C. 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. D. The proposed Project is consistent with the General Plan by creating a mixed -use environment that emphasizes pedestrian- activity with buildings built up to the sidewalk along El Camino Real and South Spruce Avenue. Further, the Project provides a well - articulated and visually engaging development that implements the goals of the Grand Boulevard Initiative and El Camino Real Master Plan and locates parking in a way that is not visually dominant, is consistent with the City's Design Guidelines as they relate to building design, form and articulation and provides commercial uses along both El Camino Real and South Spruce Avenue. 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. Specifically, the General Plan includes policies and programs that are designed to redevelop low- intensity commercial uses to pedestrian- oriented high intensity mixed use development, encourage concentrated higher- intensity activity on highly visible locations, promote visually intricate development, and provide space for enhanced pedestrian connections, require development to be oriented to El Camino Real. E. The City Council has independently reviewed the proposed Development Agreement, the General Plan, the South San Francisco Municipal Code, and applicable state and federal law, including Government Code section 65864, et seq., and has determined that the proposed Development Agreement complies with all applicable zoning, subdivision, and building regulations and with the General Plan. This finding is based upon all evidence in the Record as a whole, including, but not limited to: the City Council's independent review of these documents, oral and written evidence submitted at the public hearings on the Project, including advice and recommendations from City staff. F. The proposed Development Agreement for the Project states its specific duration. This finding is based upon all evidence in the Record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement and its determination that Section 2 of the Development Agreement states that the Development Agreement shall expire ten (10) years from the effective date of this Ordinance. G. The proposed Development Agreement incorporates the permitted uses, density and intensity of use for the property subject thereto, as reflected in the proposed Project (P11- 0065), Use Permit (UP11- 0006), Design Review (DR11- 0019), Transportation Demand Management Plan (TDM13 -0001) and Development Agreement (DA13- 0002). This finding is based upon all evidence in the Record as a whole, including, but not limited to, the City Council's independent review of the proposed Development Agreement and its determination that the Development Agreement sets forth the Project approvals, development standards, and the documents constituting the Project. H. The proposed Development Agreement states the maximum permitted height and size of proposed buildings on the property subject thereto. This finding is based upon all evidence in the Record as a whole, including, but not limited to, the City Council's independent review of the proposed Development Agreement and its determination that the Development Agreement sets forth the documents which state the maximum permitted height and size of buildings. I. The proposed Development Agreement states specific provisions for reservation or dedication of land for public purposes. This finding is based on all evidence in the Record as a whole, including, but not limited to the City Council's independent review of the Development Agreement. SECTION 2. Approval of Development Agreement. A. The City Council of the City of South San Francisco hereby approves the Development Agreement with El Camino and Spruce, LLC, attached hereto as Exhibit A and incorporated herein by reference. B. The City Council further authorizes the City Manager to execute the Development Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make revisions to such Agreement, subject to the approval of the City Attorney, which do not materially or substantially increase the City's obligations thereunder. SECTION 3. 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 4. 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 and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 12th day of March, 2014. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 26th day of March, 2014 by the following vote: AYES: Councilmembers Mark N Addiego Pradeep Gupta and Liza Normandy Vice Mayor Richard A Garbarino and Mayor r Karvl Matsumoto NOES: ABSTAIN: ABSENT: None ATTEST: Deputy City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26th day of March, 2014. Matsumoto, Mayor Exhibit A Development Agreement 2241475.1 ORDINANCE NO. 1489 -2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE MAKING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING CODE, RELATED TO COMMERCIAL AND PUBLIC PARKING USES CITYWIDE WHEREAS, in July of 2010, the City of South San Francisco ( "City ") adopted a comprehensive update to the City's zoning ordinance, which repealed the then - existing Title 20 of the South San Francisco Municipal Code ( "Zoning Ordinance "), and replaced it with an entirely new Title 20 that, among other actions, established new zoning districts, revised and reformatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the updated Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and /or correction, including revisions to the City's chapter regulating commercial and public parking uses Citywide, as further set forth in the Ordinance; and, WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration ( "IS/ND ") in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ( "CEQA "), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and, WHEREAS, the refinements, clarifications, and/or corrections set forth in this Ordinance, as they relate to commercial and public parking uses Citywide, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and /or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; 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 Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, public testimony, and Planning Commission deliberation submitted as part of the Planning Commission's duly noticed meeting on June 5, 2014; all reports, minutes, public testimony, and City Council deliberation submitted as part of the City Council's duly noticed meeting on July 9, 2014; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 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. Zoning Amendment Findings 1. The proposed zoning amendments are consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies related to maintaining a balanced land use program and is consistent with the City's overall vision for the proper location of commercial and public parking uses. None of the new or revised definitions and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Zoning Amendment to create Public Parking and Commercial Parking use sub - classifications would not affect any particular subject property. The zoning districts where such uses are permitted are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the City because the proposed uses are consistent with General Plan policies, specifically those policies related to maintaining a balanced land use program. 3. The proposed change of zoning district is not detrimental to the use of land in any adjacent zone because the proposed Zoning Amendment creates separate Commercial Parking and Public Parking use sub - classifications, and will preserve the ability to separate public parking uses into appropriate commercial -, downtown- and public - related zoning districts and commercial parking uses into appropriate employment- related zoning districts. SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Use Tables (1) Amend Table 20.090.002 "Land Use Regulations — Commercial, Office, and Mixed -Use Districts ", to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: 3 WIN Parking Services See sub - classifications below Public Parking P I P I P P (2) Amend Table 20.100.002 "Land Use Regulations — Downtown Districts ", to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: (3) Amend Table 20.110.002 "Land Use Regulations — Employment Districts ", to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: Parking Services See sub - classifications below Commercial Parking IMUP IMUP P(8) IC (4) Amend Table 20.120.002 "Land Use Regulations — Public and Semi - Public Districts ", to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: INA vit Parking Services See sub - classifications below Public Parking P I - B. Chapter 20.620 "Use Classifications" (5) Amend Section 20.620.004 "Commercial Use Classifications ", to delete the use classification "Parking, Public or Private" and to add the use classification "Parking Services" and associated sub - classifications as follows: Parking Services. Surface lots and structures offering parking to the public with or without a fee when such use is not considered Accessory Parking to another activity or use. Commercial Parking. Privately owned or operated surface lots and structures offering parking to the public with or without a fee. Commercial Parking facilities provide parking that is not considered Accessory Parking to a specific use. Public Parking. City owned and operated surface lots and structures offering parking to the public with or without a fee. 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 (30) days from and after its adoption. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 91h day of July, 2014. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 23rd day of July, 2014 by the following vote: AYES: Councilmembers Mark N. Addiego Pradeep Gupta, and Liza Normandy Vice Mayor Richard A. Garbarino and Mayor Karvl Matsumoto NOES: None ABSTAIN: N ABSENT: None ATTEST: Anna Brown, Brown, Deputy City Clerk As Mayor of the City of South San Francisco, Ordinance this 23rd day of July, 2014. I do hereby approve the foregoing U 1 Matsumoto, Mayor