HomeMy WebLinkAboutOrd. 1616-2020 (20-951)Adgshk City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
' Ordinance: ORD 1616-2020
File Number: 20-951 Enactment Number: ORD 1616-2020
ORDINANCE AMENDING THE SOUTH SAN
FRANCISCO MUNICIPAL CODE SECTION
20.300.010 ("PERFORMANCE STANDARDS") TO
INCLUDE A REFERENCE TO THE LOCAL AGENCY
OVERRIDE PROCESS.
WHEREAS, in 1999, the City Council for the City of South San Francisco considered and
adopted the General Plan and associated Draft and Final Environmental Impact Reports; and
WHEREAS, in 2010, the City Council for the City of South San Francisco considered and
adopted the South El Camino General Plan Amendment, associated Zoning Amendments and Draft and
Final Environmental Impact Reports, which identified the South El Camino area as an opportunity for
mixed-use transit -oriented development; and
WHEREAS, the applicant has proposed construction of a high-density mixed-use residential
development, consisting of 338 residential units, a small retail space, and open space amenities over 4.74
acres at 410 Noor Avenue, APNs 014-183-270, 014-183-230, and 014-183-220 in the City; and
WHEREAS, the 410 Noor project site is within the El Camino Mixed -Use (ECRMX) zoning
district, which permits multi -family residential development; and
WHEREAS, the San Mateo County Airport Land Use Plan (ALUCP) was amended in 2012,
and the updated noise contours included in the plan placed the 410 Noor project site within the 70-75 db
Noise Contour, which the plan designates as "Not Compatible" for multi -family development, unless at
the time of adoption of the SFO ALUCP (2012) the site had been zoned exclusively for residential use,
and
WHEREAS, the ALUC reviewed the 410 Noor project in July 2020, and found that the due to
its location, the project is inconsistent with the noise compatibility policies and criteria in the ALUCP,
and
WHEREAS, Sections 21675.1(d), 21676, and 21676.5 of the Public Utilities Code provides
that local agencies may override airport land use commission disapprovals of proposed land use policy
actions or development proposals, and
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File Number: 20-951
Enactment Number: ORD 1616-2020
WHEREAS, the applicant is requesting that the City Council approve the 410 Noor project
using the local agency override process provided for in Division 9, Part 1, Chapter 4, Article 3.5 of the
Public Utilities Code; and
WHEREAS, the applicant is proposing to amend the General Plan and the Zoning Ordinance
to clarify the City Council's authority to utilize the local agency override process; and
WHEREAS, the City desires to ensure internal policy consistency within the General Plan and
Zoning Ordinance; and
WHEREAS, the City and the applicant prepared an Environmental Consistency Analysis
(ECA) for the 410 Noor project in accordance with the provisions of the California Environmental
Quality Act ("CEQA") and CEQA Guidelines; and
WHEREAS, by separate Resolution, the City Council has made findings and determined that
the ECA is the appropriate environmental document for the Project; and
WHEREAS, on September 17, 2020 the Planning Commission conducted a properly noticed
public hearing, considered and recommended that the City Council approve the 410 Noor Project
Entitlements including clarifying General Plan and Zoning Text Amendments; and
WHEREAS, on December 1, 2020, the City Council conducted a properly noticed public
hearing to consider the 410 Noor Project Entitlements including clarifying General Plan and Zoning Text
Amendments.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it,
which includes without limitation, CEQA and 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 South El Camino General Plan
Amendment and associated Zoning Amendments, the South El Camino General Plan Amendment EIR,
the draft General Plan and Zoning Text Amendments referencing the local agency override process, the
410 Noor Environmental Consistency Analysis, the SFO ALUCP (2012), all reports, minutes, and public
testimony submitted as part of the Planning Commission's properly noticed September 17, 2020 meeting
and the City Council's properly noticed December 1, 2020 meeting; any other evidence (within the
meaning of Public Resources Code § 21080(e) and § 21082.2) ("Record"), the City Council of the City
of South San Francisco does hereby ordain as follows:
SECTION 1 Findings
General Findines
1. The foregoing recitals are true and correct and made a part of this Resolution.
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File Number: 20-951 Enactment Number: ORD 1616-2020
2. The Record for these proceedings, and upon which this Resolution 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 SFO ALUCP (2012), all reports,
minutes, and public testimony submitted as part of the Planning Commission meeting of September
17, 2020 and the City Council meeting of December 1, 2020 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 the Zoning Text Amendments are
minor in nature, and in accordance with the requirements of CEQA Guidelines § 15162, the adoption
of said amendments 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 South El Camino General Plan EIR, IS/MND prepared for the Zoning Ordinance, General Plan
EIR 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 the Planning Manager.
Zoning Text Amendment Findinp-s
1. The proposed Zoning Text Amendment is consistent with the adopted General Plan because the
Zoning Text Amendment will implement the General Plan policies referencing the local agency
override process, per State Public Utilities Code Sections 21670 et seq. The Zoning Text
Amendment will be consistent with the General Plan, as proposed for revision. None of the revisions
to the Zoning Ordinance will conflict with or impede achievement of any of the goals, policies, or
land use designations established in the General Plan.
2. The Zoning Text Amendment applies Citywide and would ensure consistency between the Zoning
Ordinance and the General Plan, in reference to the local agency override process, per State Public
Utilities Code Section 21670 et seq. Projects that seek to utilize the local agency override process
will be evaluated individually to determine whether such projects are suitable for that process and as
such, the proposed amendments ensure that subject properties are suitable for proposed uses on an
individual basis.
The proposed Zoning Text Amendment does not change any zoning districts identified in the Zoning
Ordinance and therefore, will not affect or be detrimental to the use of land in any adjacent zone.
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File Number. 20-951
SECTION 2. Amendment
Enactment Number: ORD 1616-2020
The City Council hereby makes the findings contained in this Ordinance and amends section 20.300.010
attached as Exhibit A. Sections and subsections that are not amended by this Ordinance in Exhibit A
shall remain in full force and effect.
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 at a regular meeting of the City Council of the City of South San Francisco held the
1 st day of December, 2020.
At a meeting of the City Council on 12/9/2020, a motion was made by Councilmember Nicolas,
seconded by Councilmember Coleman, that this Ordinance be adopted. The motion passed.
Yes: 4 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, and
Councilmember Coleman
City of South San Francisco Page 4
File Number: 20-951
Attest by � ZL 4CL
[ sa Govea Acosta, City Clerk
Mark Addiego, Mayor
City of South San Francisco Page 5
Enactment Number: ORD 1616-2020
Exhibit A
Table 20.300.010
Noise Exposure—Land Use Requirements
and Limitations
Land Use
CNEL Range db
Requirements and Limitations
Less than 65
Satisfactory
65 to 70
Acoustic study and noise attenuation
Residential and other
measures required
Not allowed, with the exception of projects
noise sensitive usese. g'
schools, hospitals, and
deemed appropriate by the City Council,
churches)
Over 70
and to the extent necessary' approved
through the Local Agency Override process,
consistent with Public Utilities Code
Sections 21670 et se
Commercial
Less than 70
Satisfactory
70 to 80
Acoustic study and noise attenuation
measures required
Over 80
Airport -related development only; noise
attenuation measures required
Industrial
Less than 75
Satisfactory
75 to 85
Acoustic study and noise attenuation
measures required
Over 85
Airport -related development only; noise
attenuation measures required
Open
Less than 75
Satisfactory
Over 75
Avoid uses involving concentrations of
eo le or animals
Exhibit A
Table 20.300.010
Noise Exposure—Land Use Requirements
and Limitations
Land Use CNEL Range (db) Requirements and Limitations
Residential and other
noise sensitive uses (e.g.,
schools, hospitals, and
churches)
Less than 65 Satisfactory
65 to 70 Acoustic study and noise attenuation
measures required
Over 70
Not allowed, with the exception of projects
deemed appropriate by the City Council,
and to the extent necessary, approved
through the Local Agency Override process,
consistent with Public Utilities Code
Sections 21670 et seq
Commercial Less than 70 Satisfactory
70 to 80 Acoustic study and noise attenuation
measures required
Over 80 Airport-related development only; noise
attenuation measures required
Industrial Less than 75 Satisfactory
75 to 85 Acoustic study and noise attenuation
measures required
Over 85 Airport-related development only; noise
attenuation measures required
Open Less than 75 Satisfactory
Over 75 Avoid uses involving concentrations of
people or animals