HomeMy WebLinkAboutOrd. 1511-2016 ORDINANCE NO. 1511-2016
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING THE SOUTH SAN
FRANCISCO MUNICIPAL CODE CHAPTER 20.270 ("EL
CAMINO REAL/CHESTNUT AVENUE AREA PLAN
DISTRICT") TO MAKE CHANGES TO THE LAND USE
REGULATIONS AND DEVELOPMENT STANDARDS;
CHAPTER 20.280 ("DOWNTOWN STATION AREA SPECIFIC
PLAN DISTRICT") TO MAKE CHANGES TO THE LAND USE
REGULATIONS AND DEVELOPMENT STANDARDS;
CHAPTER 20.490 ("USE PERMITS") TO CLARIFY
CONDITIONAL USE PERMIT REVIEW AUTHORITY; AND
CHAPTER 20.570 ("APPEALS AND CALLS FOR REVIEW")
TO MODIFY CALL FOR REVIEW AUTHORITY FOR THE
CITY COUNCIL FOR PLANNING COMMISSION REVIEWED
PROJECTS
WHEREAS, on January 28, 2015 the City Council for the City of South San Francisco
considered and adopted the Downtown Station Area Specific Plan ("DSASP") and associated
Draft and Final Environmental Impact Reports; and
WHEREAS, since the time of adoption, minor revisions to the adopted zoning to
implement the DSASP have been identified to clarify development regulations; and
WHEREAS, the City Council has also expressed a desire to have discretionary review
authority for new downtown development projects; and
WHEREAS, consistent with this new authority in the DSASP area, staff has
recommended that similar review authority also be provided for the El Camino Real/Chestnut
Avenue Area Plan District("ECR/CH Plan"); and
WHEREAS, providing the City Council with final review authority will assure that new
developments are consistent with the DSASP and ECR/CH Plan, community priorities, and City
Council preferences to ensure civic-wide benefits for existing and future residents; and
WHEREAS, the City has prepared a Zoning Amendment ("Amendment") to the City's
Zoning Ordinance, including refinements to Chapter 20.270 for the El Camino Real/Chestnut
Avenue Area Plan District, 20.280 for the Downtown Station Area Specific Plan District,
clarifications to Chapter 20.490 for Use Permit authority, and modifications to Chapter 20.570 to
provide the City Council with revised appeal authority for Planning Commission reviewed
projects; and
WHEREAS, these Amendments are consistent with the previous preparation, circulation,
consideration, and adoption of the ECR/CH Plan EIR and DSASP EIR in accordance with the
California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
("CEQA"), in which both EIRs analyzed the environmental impacts of adopting the Plans and
associated Zoning Ordinance amendments and concluded that adoption of the Plans could have
significant effects on the environment because some of the impacts required to be analyzed under
CEQA would exceed established thresholds of significance; and
WHEREAS, the City Council adopted the ECR/CH Plan EIR and a Statement of
Overriding Considerations that evaluated the benefits of the ECR/CH Plan against its
unavoidable impacts on May 25, 2011; and
WHEREAS, the City Council adopted the DSASP EIR and a Statement of Overriding
Considerations that evaluated the benefits of the DSASP against its unavoidable impacts on
January 28, 2015; 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"), in which the 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
Amendment, as they relate to development regulations within the DSASP area and review
authority for the City Council in the ECR/CH and DSASP Plan, and broader City Council call
for review authority over Planning Commission reviewed projects 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 EIRs adopted for both the ECR/CH and DSASP Plan or the IS/ND prepared for the Zoning
Ordinance Update, 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:
I. 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 General Plan and General Plan
EIR, including all amendments and updates thereto; the South San Francisco Municipal
Code; the adopted South San Francisco Downtown Station Area Specific Plan, prepared by
BMS Design Group; the South San Francisco Downtown Station Area Specific Plan EIR,
including the Draft and Final EIR, and all appendices thereto; the adopted El Camino
Real/Chestnut Avenue Area Plan, prepared by Dyett and Bhatia; the El Camino
Real/Chestnut Avenue Area Plan EIR, including the Draft and Final EIR, and all appendices
thereto; all reports, minutes, and public testimony submitted as part of the Planning
Commission's duly noticed September 17, 2015 meeting; all reports, minutes, and public
testimony submitted as part of the Planning Commission's duly noticed December 17, 2015
meeting; all reports, minutes, and public testimony submitted as part of the City Council's
duly noticed October 28, 2015 study session meeting; and all reports, minutes, and public
testimony submitted as part of the City Council's duly noticed February 10, 2016 meeting;
and any other evidence (within the meaning of Public Resources Code §21080(e) and
§21082.2)
3. The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate
to development regulations within the DSASP area and ECR/CH Plan areas, and the
revisions to the Use Permit review authority and the Appeals and Calls for Review chapter,
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 EIRs adopted for both the DSASP and
ECR/CH Plan on January 28, 2015, and May 25, 2011, respectively or the IS/ND prepared
for the Zoning Ordinance Update, nor do the refinements, clarifications, and/or corrections
constitute a change in the project or change in circumstances that would require additional
environmental review.
4. 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, Sailesh Mehra.
II. Zoning Text Amendment Findings
1. As described in Section II, adoption of the proposed Zoning Ordinance Amendments will
include revisions to Title 20 of the South San Francisco Municipal Code, to reflect minor
changes to the Downtown Station Area Specific Plan District (SSFMC 20.280), modify the
land use regulations and development standards for new development projects within the
Downtown Station Area Specific Plan District and El Camino Real/Chestnut Avenue Area
Plan District (SSFMC 20.270), clarify Use Permit authority (SSFMC 20.490), and modify
the appeals and call up process for development projects (SSFMC 20.570).
2. The proposed Zoning Ordinance Amendments are consistent with the General Plan because
the Ordinance Amendments will continue to reinforce many of the General Plan policies
related to land use, specifically pedestrian-friendly mixed-use, infill development, and
improved linkages to a transit center as defined in the General Plan. Further, the Zoning
Ordinance Amendments do not conflict with any specific plans, and will remain consistent
with the City's overall vision for community development, economic vitality, and
redevelopment in the downtown and along the El Camino Real and Chestnut Avenue
corridors. None of the new or revised definitions, tables, figures and land uses will conflict
with or impede achievement of any of the goals, policies, or land use designations established
in the General Plan.
3. The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable
for the proposed uses. The Zoning Ordinance Amendments will allow for clarification of
development regulations throughout the DSASP area and ECR/CH Plan areas to provide
consistency with the DSASP and ECR/CH Plan, community priorities, and City Council
preferences to ensure civic-wide benefits for existing and future residents, and a more robust
array of development and land uses in the downtown and along the El Camino Real and
Chestnut Avenue corridors. Although specific parcels would be affected as part of the
Zoning Ordinance Amendments, the impact would be beneficial since property owners
would have a wider set of standards to improve or develop upon their property and new
zoning regulations would guide the development and performance of properties within the
Downtown Station Area Specific Plan. The Zoning Ordinance Amendments are consistent
with General Plan policies, specifically those policies related to community development,
economic vitality, vibrant walkability, and redevelopment in the downtown and along the El
Camino Real and Chestnut Avenue corridors. Modifications to the Use Permits and Appeals
and Calls for Review chapters would not affect or change land use citywide and no land use
impact is expected.
4. The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any
adjacent zone because the Ordinance Amendments would provide for sufficient
development, land use, and performance standards related to new development or alteration.
More specifically, the Zoning Ordinance Amendments include regulations to allow a wider
array of commercial and employment uses within the DSASP area, new development
standards for the Linden Community Commercial (LCC) and Linden Neighborhood
Commercial (LNC) zoning districts, modifications to storage requirements for new
residential development projects, clarifications to Use Permit authority, and provision of a
modified call for review authority for the City Council. The proposed Ordinance
Amendments will not be detrimental to the public interest, convenience, or welfare of the
City or land within the City; instead, the Ordinance amendments will bolster the public
interest by ensuring orderly and suitable infill development and design review, as
recommended in the General Plan's land use element and Downtown and El Camino Real
planning sub-areas.
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. Revise Chapter 20.280 Downtown Station Area Specific Plan District to read as
follows:
1. Revise Table 20.280.003 Land Use Regulations to allow Clean Technologies,
Handicraft/Custom Manufacturing, and Research and Development use classifications
in the following zoning sub-districts:
Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional
Regulations
Employment Use Classifications
Clean Technologies MUP P (3) - P MUP MUP
Handicraft/Custom MUP P (3) - P MUP MUP
Manufacturing
Research and MUP P (3) - P MUP MUP
Development
Limitations:
1. Permitted if existing. New units not allowed.
2. Limited to facilities serving a maximum of 10 victims and may not be located within 300
feet of any other domestic violence shelter.
3. Prohibited on the ground floor except residential uses located south of Baden Avenue,
banks and walk-in offices which are subject to approval of a Use Permit.
4. Subject to licensing requirements.
5. Limited to upper stories unless at least 50 percent of the ground floor street frontage is
occupied by food service uses.
6. Must be located at least 1,000 feet from any other social service facility.
Clinic uses may not occupy the ground floor along Grand Avenue, except on properties located
west of Maple Avenue, which are subject to the approval of a conditional use permit.
2. Revise Table 20.280.004-2 Building Form and Location Standards to clarify
regulations for the Linden Commercial Corridor (LCC) and Linden Neighborhood
Commercial (LNC) zoning sub-districts:
Height (ft)
See Section
Maximum 20.300
45-65 FAA
Building 85 (1)(2) 65 allowed 50 50 Height and
Height Height
Exceptions
Minimum
Ground 15; 12 15;12 See above and
Floor 15; 12 min 15; 12 min 15; 12 15; 12 Section
Height for min clearan min clearan min min 20.280.005(B)
non- clearance clearance clearance clearance
Ce Ce (1)
residential
uses
Maximum 5 n/a 5 n/a 5 5 See above
Finished
Floor
Height
(residential
)
Yards (ft)
Grand
Avenue
(east and n/a 0 n/a 0 n/a n/a
west)
Frontage
At At At At
property property
line or line or property property
Pedestrian 10 feet 10 feet line or 9 line or 9
Priority from n/a from n/a feet from feet from
Zone Street curb curb curb curb
Frontage (whichev (whichev (whichev (whichev
er is er is
er is er is
greater) greater) greater) greater)
Eastern
Neighborho
od Streets
except n/a n/a n/a 20 n/a n/a
Grand
Avenue
Frontage
0; 10 0; 10
Interior when when
Side abutting 0 abutting n/a 0 0
residenti residenti
al district al district
0, 10 l O for 0, 10 0, 10
when
the first when when
Rear abutting 0 20 (E) stories abutting abutting
an 15 , an R an R
district district district
thereaft
(E) (E) (E)
er(C)
Maximum See Chap.
Lot 20.040 Rules
100 100 90 85 75 90
Coverage of
(%of lot) Measurement
Limitations:
1. Height break would occur a minimum of 30 feet from the front of the building
2. Corner properties may be exempt from this requirement, subject to evaluation by the
decision-making authority in the review process and consistent with the Downtown
Station Area Specific Plan design guidelines
3. Revise Table 20.280.004-3 Open Space and Landscaping Standards to clarify
regulations for the Linden Commercial Corridor(LCC) zoning sub-district:
Standard OAP DRC TORD a
.. M. n.
Minimum Usable Refer to See Supplemental
Open Space (sq ft 100 100 100 Section 100 150 Regulations
per res. unit) 20.280. 20.100.004(D)(10
007(K) )
Minimum Amount See Section
of Landscaping (% n/a n/a n/a 15 n/a 10 20.300.007
of site) Landscaping
4. Revise Section 20.280.005 Additional Development Standards to modify the Private
Storage Space requirements to provide design flexibility for residential development
projects:
F. Private Storage Space. Each residential unit shall have at least 200 cubic feet of enclosed,
weather-proofed, and lockable private storage space. The total number of private storage spaces
may be reduced up to 25% by the Chief Planner to address operational characteristics that are
incompatible with the storage requirement; the total number of private storage spaces may be
reduced up to 50%by the Chief Planner if the storage is located proximate to the residential unit.
5. Revise Table 20.280.003 Land Use Regulations for Downtown Station Area Specific
Plan Sub-Districts to require a Conditional Use Permit for Multiple-Unit Residential
classifications:
Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional
Regulations
Residential Use Classifications
Single-Unit Dwelling See sub-classifications below
Single Unit Detached (1) (1) (1) - (1) (1)
See Section
Second Unit (1) (1) (1) - (1) (1) 20.350.035 Second
Dwelling Units
Single Unit Semi- (1) (1) (1) - (1) (1)
Attached
Single-Unit Attached (1) (1) (1) - (1) (1)
Multiple-Unit
Residential See sub-classifications below
Duplex (1) - (1) - (1) (1)
Multi-Unit C C(3) C(3) - C(3) C(3)
Additional
Uses Permitted DTC GAC DRC TO/RD LCC LNC Regulations
Senior Citizen C(3) C(3)
Residential
Limitations:
1. Permitted if existing. New units not allowed.
2. Limited to facilities serving a maximum of 10 victims and may not be located within
300 feet of any other domestic violence shelter.
3. Prohibited on the ground floor except residential uses located south of Baden Avenue,
banks and walk-in offices which are subject to approval of a Use Permit.
6. Revise Section 20.280.005 Additional Development Standards for the Downtown
Station Area Specific Plan District to require Conditional Use Permit approval by the City
Council for projects requesting the Increased Density and FAR Incentive Program:
A. Increased Density and FAR Incentive Program. An increase to the maximum FAR or
maximum density as referenced in Table 20.280.004-1 may be permitted for buildings with the
approval of a Conditional Use Permit by the City Council through the satisfaction of a
combination of the following public benefits:
B. Revise Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District to read
as follows:
1. Revise Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub-
Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications:
ECR/C ECR/C- ECR/C-
Uses Permitted MXH MXM RH Additional Regulations
Residential Use Classifications
Single-Unit Dwelling See sub-classifications below
Single-Unit Attached P(1) P P
Multiple-Unit See sub-classifications below
Residential
Multi-Unit C(1) C C
Senior Citizen C(1) C C
Residential
Limitations:
1. Not permitted on the ground floor along El Camino Real, Chestnut Avenue, Oak Avenue,
or BART right-of-way south of Oak Avenue.
2. Revise Section 20.270.004 Development Standards for the El Camino Real/Chestnut
Avenue Plan District to require Conditional Use Permit approval by the City Council for
projects requesting the Increased Density, FAR, and/or Height Incentive Program:
A. Increased Density, FAR and/or Height. An increase in FAR, density, and height may be
achieved for buildings through a combination of the following, subject to Conditional Use Permit
approval by the City Council:
C. Revise Chapter 20.490 Use Permits to read as follows:
1. Revise Section 20.490.003 Procedures to modify the Conditional Use Permit
authority language to allow for City Council review of projects requesting an Incentive
Program density, FAR, and/or height increase:
A. Review Authority.
1. Conditional Use Permits. Unless otherwise specified in the Municipal Code, the Planning
Commission shall approve, conditionally approve, or deny applications for Conditional Use
Permits based on consideration of the requirements of this chapter.
D. Revise Chapter 20.570 Appeals and Calls for Review to read as follows:
1. Revise Section 20.570.006 Calls for Review to create flexibility for the City Council
to call up specific projects for discretionary review:
20.570.006 Calls for Review
Two or more members of the Planning Commission may call for review of a decision of the
Chief Planner and two or more members of the City Council may call for review of a decision of
the Chief Planner or Planning Commission within the 15-day appeal period. The call for review
shall be processed in the same manner as an appeal by any other person. Such action by the
Commission or Council shall stay all proceedings in the same manner as the filing of an appeal.
Such action shall not require any statement of reasons and shall not represent opposition to or
support of an application or appeal.
Within two (2)business days of a Zoning Administrator hearing, the Planning Commission Clerk
shall submit a notice of all Zoning Administrator discretionary action to the Planning
Commission, following which any member of the Planning Commission may request a call for
review of a decision by submitting a notice in writing to the Planning Commission Clerk or
noting so on the record at a Planning Commission hearing within the 15-day appeal period. If
two (2) or more Planning Commissioners submit a notice in writing to the Planning Commission
Clerk requesting a call for review of a decision or two (2) or more Planning Commissioners
request a call for review of a decision by noting so on the record at a Planning Commission
hearing, the call for review shall become effective and the Chief Planner shall set a public
hearing in accordance with the provisions of Chapter 20.450. The Planning Commission Clerk's
notice of Zoning Administrator discretionary approvals submitted to the Planning Commission
shall include the date by which a call for review by a Planning Commissioner must be received
by the Planning Commission Clerk or noted on the record at a Planning Commission hearing.
Any other decision of the Chief Planner that the Planning Commission wishes to call for review
may be called for review by at least two (2) Planning Commissions through the process outlined
above.
Within two (2) business days of the completion of a Planning Commission hearing, the Secretary
to the Planning Commission shall submit a notice of all Planning Commission discretionary
action to the City Clerk for distribution to the City Council, following which any member of the
City Council may request a call for review of a decision by submitting a notice in writing to the
City Clerk or noting so on the record at a City Council hearing within the 15-day appeal period.
If two (2) or more Councilmembers submit a notice in writing to the City Clerk requesting a call
for review of a decision or two (2) or more Councilmembers request a call for review of a
decision by noting so on the record at a City Council hearing, the call for review shall become
effective and the City Clerk shall set a public hearing in accordance with the provisions of
Chapter 20.450. The City Clerk's notice of discretionary approvals submitted to the City
Council shall include the date by which a call for review by a Councilmember must be received
by the City Clerk or noted on the record at a City Council hearing.
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 at a regular meeting of the City Council of the City of South San Francisco
held the 10th day of February, 2016.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 24th day of February, 2016,by the following vote:
AYES: Councilmembers Karyl Matsumoto, Richard A. Garbarino, and Liza Normandy
Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: None
410 ,-
ATTE' T: go, ,I■■ ■
CIA . MTh 47 lerk
116
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this 24th day of February, 2016.
l'..ii
a Ai( ,41eit.7:: \_____________
Mark Addiego, Mayor