HomeMy WebLinkAboutOrd. 1502-2015 ORDINANCE NO. 1502-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE MAKING REVISIONS AND
CLARIFICATIONS TO CHAPTER 20.240 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE, RELATED TO THE
TERRABAY SPECIFIC PLAN DISTRICT
WHEREAS, Myers Development Company, LLC ("Applicant") owns property
commonly known as Terrabay Phase III of the Terrabay Specific Plan, which is located at One
and Two Tower Place in South San Francisco, California; and,
WHEREAS, the Terrabay project has an extensive planning history, dating back 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 2012, 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 2005/06 SEIR, 2006, 2008 and 2012
Addenda, and a 2015 Addendum; and,
WHEREAS, the Applicant now requests an amendment to the 2012 Final Terrabay
Specific Plan and Precise Plan, General Plan and Terrabay Specific Plan Zoning District
Ordinance to allow mixed use on the Phase III site to add a second development alternative
consisting of Research and Development/Office ("2015 Project"); and,
WHEREAS, Applicant has proposed amendments to the South San Francisco Zoning
Ordinance to revise the Terrabay Specific Plan District, as further described in Section I.
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 and unavoidable impacts, both of which remain in full force and effect; and,
WHEREAS, following a properly noticed public hearing held on June 4, 2015, the
Planning Commission recommended by resolution that the City Council approve the Zoning
Text Amendments; and
WHEREAS, the City Council conducted a properly noticed public hearing on June 24,
2015 to consider the 2015 Addendum and approval of the Project, including the proposed Zoning
Amendments.
NOW, THEREFORE, 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 Final
Terrabay Specific Plan, as amended in 2000, 2006, 2008, 2012 and as proposed in 2015;the
2005/06 Certified Supplemental Environmental Impact Report and 2000, 2006, 2008, 2012 and
2015 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; all site plans,
and all reports, minutes, and public testimony submitted as part of the Planning Commission's
duly noticed June 4, 2015 meeting; all reports, minutes, and public testimony submitted as part
of the City Council's duly noticed meeting on June 24, 2015; 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.
B. Zoning Amendment Findings
1. The proposed zoning district and map amendments are consistent with the
adopted General Plan in that the zoning amendment from Terrabay Commercial District to
Terrabay Mixed Use complies with the General and Specific Plan land use designations, because
the amendments will be consistent with existing General Plan policies and because the standards
and criteria by which the Terrabay development has and will proceed and the standards and
conservation, development, and utilization of natural resources are not altered by the 2015 Plan
Amendment. The proposed text amendment stipulates an alternative development scenario
permitting R&D as defined by the City's General Plan. The Zoning Ordinance and General Plan
modifications are consistent.
2. 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 other considerations
deemed relevant by the Planning Commission and City Council in that the approved 2012 site
plan would not be altered by the addition of an R&D use on the site. The North Access Road
and fire truck turn around approved at the north and south elevations of the North Tower and the
roadway completely surrounding the South Tower implement fire department conditions of
approval.
3. The proposed change of zoning district is not detrimental to the use of land in any
adjacent zone in that the CEQA analysis demonstrates there would be no new impacts associated
with mixed use. The R&D alternative would result in less vehicle trips to and from the site than
associated with commercial office; the CEQA documentation found no new impacts associated
with R&D use on the site; and, implementation of the 2006 Mitigation Monitoring and Reporting
Program and the Conditions of Approval identified in Exhibit A would protect the public health,
safety and welfare and protect the environment. The Development Parcel +/- 20 acres that
contains the North and South Tower parcels implements mitigation measures identified in the
1998/99 SEIR. Those measures resulted in the Preservation and Buffer Parcels and wetland,
cultural and habitat preservation. The construction of the hook ramps off of U.S. 101 in front of
the Project site were also a mitigation measure from the 1998/99 SEIR. Applicant contributed
land and $8.5 million in circulation improvement fees to assist in realizing the City sponsored
Oyster Point Traffic Improvement Project.
The mixed use approach to land use and development is reflected in the City's recent adoption of
the Downtown Station Area Specific Plan (2015) and the South El Camino Corridor General
Plan Amendment(2010). Terrabay Phase III mixed use would be consistent with the approach to
have commercial, employment and residential areas within close proximity to encourage
alternate modes of travel such as transit, bicycle, and walking as well as close proximity to larger
commercial districts such as the Downtown.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of Chapter 20.240 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. Amend Subsection B of Section 20.240.003 "Terrabay Commercial District
(Development Parcel)" to read as follows:
B. Terrabay Mixed Use District(Development Parcel)
1. Public and private open space area.
2. Habitat conservation areas.
3. Public and private utilities and facilities.
4. Health clubs primarily associated with the Research and Development or office
use as an office-worker support use and a TDM measure.
5. Eating and Drinking Establishments, limited to the Phase III Mixed Use site.
6. Retail Sales, limited to the Phase III Mixed Use site.
7. Personal Services, limited to the Phase III Mixed Use site.
8. No drive through facilities are permitted on the Phase III site.
9. Medical office and associated uses are not permitted on the ground floor.
10. 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 10 percent of the
ground floor retail space.
11. Class A Office buildings.
12. Meeting and conference rooms within the office buildings.
13. Accessory service and retail uses associated with the office use as an office-
worker support use and a TDM measure and retail commercial uses that serve the
area as noted in paragraph 7 above.
14. Performing arts center(200 seat minimum) within the South Tower.
15. Child care center.
16. Hotel with extensive amenities such as recreation facilities, meeting and
conference rooms, restaurants and dining facilities, and gift shops.
17. Product Design Studio as a support use to the office component and as defined in
Section 20.240.015 ("Definitions") consisting of approximately 15,010 square
feet.
18. Research and Development uses.
B. Amend the Title of Section 20.240.013 "Commercial District Regulations" to read as
follows:
20.240.013 Mixed Use District Regulations
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 24th day of June, 2015.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 8th day of July, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
AI Ilik
ATTI
Kris 0 elli, City
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 8th day of July, 2015.
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Richard ' . G.rbarino, Mayor