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HomeMy WebLinkAboutOrd. 1640-2022 (22-554) File Number: 22-554 Enactment Number: ORD 1640-2022 WHEREAS, on May 5, 2022, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider a request to remove th e parcel from the East of 101 Area Plan, take public testimony, and approve the Project request; and, WHEREAS, on May 11, 2022, the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the IS/MND (EIR22-0002), and East of 101 Area Plan Amendment (SP21-0002), Ordinance for the Rezoning Map (RZ21-0003) to create a Planned Development District, Design Review (DR21-0024), and Transportation Demand Management Plan (TDM21-0006). NOW, THEREFORE, BE IT RESOLVED 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 1 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 General Plan and General Plan EIR; the East of 101 Area Plan; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by Perkins and Will Architects, dated March 4, 2022; the Initial Study/Mitigated Negative Declaration, as prepared by Lamphier-Gregory, Inc., dated January 19, 2022; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed April 21, 2022 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission ’s duly noticed May 5, 2022 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed May 5, 2022 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The Draft Zoning Map Amendment attached as Exhibit A to this Ordinance is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. 4. By Resolution No. 70-2022, the City Council, exercising its independent judgment and analysis, has found that an Initial Study/Mitigated Negative Declaration (EIR22-0002), in accordance with Section 21151 of the California Public Resources Code was prepared for the Project, which adequately discloses and analyzes the proposed Project’s potentially significant environmental impacts. For those impacts that could potentially exceed CEQA thresholds of sign ificance, the City has identified and imposed mitigation measures that avoid or reduce the impact to a level of less -than-significant. Accordingly, the City Council has concluded that the IS/MND is the appr opriate environmental document for the Project and no further environmental review is required. 5. 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 Chief Planner, Tony Rozzi. Page 2 City of South San Francisco File Number: 22-554 Enactment Number: ORD 1640-2022 B. Zoning Map Amendment Findings 1. The Zoning Map will be amended to revise the zoning district designation from Freeway Commercial (FC) to a Planned Development for 580 Dubuque Avenue. 2. The subject property is physically suitable for the type and intensity of the land use being proposed in terms of access, size of parcel, relationship to similar or related uses, and other co nsiderations deemed relevant by the Planning Commission and City Council; and 3. The proposed development is not detrimental to the use of land in any adjacent zone and will not have a substantial adverse effect on surrounding land uses and will be compa tible with the existing and planned land use character of the surrounding area; and 4. The development generally complies with applicable adopted design guidelines; and 5. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the City Council considered the following factors: a. Appropriateness of the use(s) at the proposed location. b. The mix of uses, housing types, and housing price levels. c. Provision of units affordable to persons and families of low and moderate income or to lower income households. d. Provision of infrastructure improvements. e. Provision of open space. f. Compatibility of uses within the development area. g. Quality of design, and adequacy of light and air to the interior spaces of the buildings. h. Overall contribution to the enhancement of neighborhood character and the environment of South San Francisco in the long term. i. Creativity in design and use of land. SECTION 2 AMENDMENTS. The City Council hereby amends the South San Francisco Zoning Map, as shown in Exhibit A to reflect the proposed Zoning Map Amendment. All other areas of the Zoning Map that are not amended by this Zoning Map Amendment are not included in Exhibit A, and 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 sect ion, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subse ctions, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Page 3 City of South San Francisco