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HomeMy WebLinkAboutPC e-packet 09-07-06 CITY OF SOUTH SAN FRANCISCO REGULAR MEETING OF THE PLANNING COMMISSION MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE September 7,2006 7:30 PM WELCOME If this is the first time you have been to a Commission meeting, perhaps you'd like to know a little about our procedure. Under Oral Communications, at the beginning of the meeting, persons wishing to speak on any subject not on the Agenda will have 3 minutes to discuss their item. The Clerk will read the name and type of application to be heard in the order in which it appears on the Agenda. A staff person will then explain the proposal. The first person allowed to speak will be the applicant, followed by persons in favor of the application. Then persons who oppose the project or who wish to ask questions will have their turn. If you wish to speak, please fill out a card (which is available near the entrance door) and give it, as soon as possible, to the Clerk at the front of the room. When it is your turn, she will announce your name for the record. The Commission has adopted a policy that applicants and their representatives have a maximum time limit of 20 minutes to make a presentation on their project. Non-applicants may speak a maximum of 3 minutes on any case. Questions from Commissioners to applicants or non-applicants may be answered by using additional time. When the Commission is not in session, we'll be pleased to answer your questions if you will go to the Planning Division, City Hall, 315 Maple Avenue or telephone (650) 877-8535 or bye-mail at web- ecd@ssf.net. William Zemke Chairperson Mary Giusti Commissioner Eugene Sim Commissioner Susy Kalkin, Acting Chief Planner Secretary to the Planning Commission Steve Carlson Senior Planner John Prouty Commissioner Judith Honan Vice-Chairperson William Romero Commissioner Marc C. Teglia Commissioner Allison Knapp Consulting Planner Michael Lappen Senior Planner Gerry Beaudin Associate Planner Chadrick Smalley Associate Planner Bertha Aguilar Clerk Please Turn Cellular Phones And Paaers Off. Individuals with disabilities who require auxiliary aids or services to attend and participate in this meeting should contact the ADA Coordinator at (650) 829-3800, five working days before the meeting. PLANNING COMMISSION AGENDA MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE September 7,2006 Time 7:30 P.M. CALL TO ORDER / PLEDQE OF ALLEGIANCE ROLL CALL / CHAIR COMMENTS AGENDA REVIEW ORAL COMMUNICATIONS CONSENT CALENDAR 1. Approval of special meeting minutes of August 1, 2006 2. First Baptist Church of SSF/applicant First Baptist Church of SSF/owner 600 Grand Avenue P06-0022: UP06-0007, DR06-0019 & VAR06-0001 (Recommend continuance to the meeting of October 5, 2006.) Use Permit, Design Review and Variance to allow relocation of a playground for a private school, including a 4.5 foot tall fence and outdoor play structure, which encroaches into both the public right-of-way and the minimum required 15 foot front setback on a site located at 600 Grand Avenue in the R-3-L Multi-Family Residential Zone District in accordance with SSFMC Chapters 20.20, 20.73, 20.82 & 20.85. 3. Starbucks Coffee Armanino, Rosemary/Owner Starbucks (Zeden Jones)/Applicant 329 Grand Ave. P05-0012: UP05-0003 & DR05-0010 Review of Use Permit to allow a 1,776 sq. ft. coffee shop with an approximately 192 square-foot outdoor seating area in an existing building at 329 Grand Avenue in the Downtown Commercial (D- C-L) Zoning District in accordance with SSFMC Chapters 20.26 & 20.81. PUBLIC HEARING 4. Peet's Coffee & Tea/applicant John L Ferrari/owner 102 Grand Ave P06-0092: DR06-0075, UP06-0022 & SIGNS06-0025 Use Permit and Design Review to allow a 1,921 sq. ft. coffee shop in an existing building at 102 Grand Avenue in the Downtown Commercial (D-C-L) Zoning District in accordance with SSFMC Chapters 20.26, 20.85 & 20.81 Planning Commission Agenda - Cont'd September 7, 2006 Page 3 of 4 5. Use Permit - NCLEX PS Business Parks/Owner Elieen A. DeDios/Applicant 90 So. Spruce P06-0096: UP06-0024 Use Permit to allow a Joint Use Parking agreement at 90 So. Spruce Avenue so that a nursing education exam review center can use 15 spaces during off-peak hours (5pm to 9pm Monday through Friday) in accordance with SSFMC Chapters 20.32,20.74, 20.74.080(b) in the P-I (Planned Industrial) Zoning District. 6. Comerica Bank Hernandez, Jose J & Rita/Owner Comerica/Applicant 401 Grand Ave P05-0168: UP05-0030 Review of window box design and content associated with a new bank at 401 Grand Avenue in the Downtown Commercial (D-C-L) Zone District in accordance with SSFMC Chapters 20.81 and 20.85 7. MANDALAY TERRACE - Terrabay Phase III Mandalay Terrace (PHIII/ Bayshore Blvd) Myers Development Co. LLC /Owner & Applicant San Bruno Mountain - Bayshore Blvd P06-0073: PP06-0002, SP06-0001, DR06-0060, ZA06-0001, DAA06-0001 & EIR04-0002 Precise Plan, Specific Plan, Design Review, Zoning Text Amendment amending Chapter 20.63 of the SSFMC, Development Agreement Amendment and Final Environmental Impact Report with Addendum for a re-entitlement of an existing 665,000 square feet office building to allow the office square footage to be constructed in two towers and an increase in commercial uses. The project would consist of: 665,000 square foot office in two high rise towers (352,000 and 313,000 square feet), 25,000 square feet of commercial space, a 100-child day care center and a 150 seat performing arts center shared with office space. ADMINISTRATIVE BUSINESS 8. AGS Linens expansion Elisa Sandoval/Owner Elisa Sandoval/Applicant 915 Linden Ave. P04-0103: UP04-0029 Review of Use Permit to allow an existing linen supply service to expand into three adjacent tenant spaces at 915 Linden Avenue in the C-1 Retail Commercial Zoning District in accordance with SSFMC Chapters 20.22 and 20.81. ITEMS FROM STAFF ITEMS FROM COMMISSION s:\Age",d~s\H~"''''''''g Gov1M'\A.'SS'o",\::wOG\Oj-o)"-OG R'PG,doc "~ge 3 of -1- Planning Commission Agenda - Cont'd September 7, 2006 Page 4 of 4 ITEMS FROM THE PUBLIC ADJOURNMENT Susy Kal . Acting S cretary to the Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting September 21, 2006, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. Staff Reports can now be accessed online at http://weblink.ssf.net SK/bla s:\Agevc&1~s\'Pl~vcvclvcg cOV\o\.V\o\.lsslovc\2006\O')-o7-06 R'PC.&10C 'P~ge 4 of -1- Planning Commission Staff Report DATE: September 7, 2006 TO: Planning Commission SUBJECT: First Baptist Church of South San Francisco - Use Permit, Design Review and Variance to allow relocation of a playground for a private school, including a 4.5 foot tall fence and outdoor play structure which encroaches into both the public right-of-way and the minimum required 15 foot front setback, on a site located at 600 Grand Avenue in the R-3-L Multi-Family Residential Zone District in accordance with SSFMC Chapters 20.20,20.73,20.82 & 20.85. Owner: First Baptist Church of South San Francisco Applicant: First Baptist Church of South San Francisco Case Nos.: P06-0022, UP06-0007, V AR06-0001, DR06-0019 RECOMMENDATION: That the Planning Commission continue the matter to the meeting of October 5, 2006. BACKGROUND: The applicant has requested a continuance to the October 5, 2006 meeting. Planning Commission Staff Report DA TE: September 7, 2006 TO: Planning Commission SUBJECT: Starbucks - One-year review of Use Permit to allow a 1,776 sq. ft. coffee shop with an approximately 192 square-foot outdoor seating area in an existing building at 329 Grand Avenue in the Downtown Commercial (D-C-L) Zoning District in accordance with SSFMC Chapters 20.26 & 20.81. Owner: Applicant: Case No. Rosemary Armanino Zeden Jones P05-0012: UP05-0003 RECOMMENDATION It is recommended that the Planning Commission accept this report as meeting the requirement of a 12-month review in accordance with Use Permit Condition of Approval C.1.h.2. BACKGROUND / DISCUSSION In March 2005 the Planning Commission approved a Use Permit to allow a Starbucks Coffee shop at 329 Grand A venue in the Downtown area, with hours of operation of 6 AM to 10 PM daily. The Conditions of approval require a 6-, 12- and 18-month review to ensure compliance with conditions. The business opened in August 2005. Since that time staff has received no complaints regarding operations at the site. Therefore, staff recommends that the Planning Commission accept this report in partial fulfillment of Condition of Approval C.l.h.2. ~ ~ "~ Susy K III Acting Chief Planner ATTACHMENTS: Conditions of Approval CONDITIONS OF APPROVAL UP05-0003 (As approved by the Planning Commission on March 17,2005) A. Planning Division requirements shall be as follow: 1. The applicant shall comply with the Planning Divisions standard Conditions and Limitations for Commercial Industrial and Multi-Family Residential Projects. 2. The project shall be completed and operated substantially as indicated in the plans prepared by Starbucks Coffee Company dated 12/3/04, except as otherwise modified by the conditions that follow. 3. Signs shall be limited to those depicted on the attached plans prepared by Sign Resources dated 1/7/05. No additional flags, banners, pennants, freestanding signs, etc. shall be permitted without prior approval of an appropriate sign permit issued by the City. 4. The business management shall responsible for ensuring that the site and perimeter properties remain free of litter generated by patrons of this business. 5. Hours of operation shall be limited to 6:00 AM to lOPM daily. [Planning Division contact: Susy Kalkin, Principal Planner (650) 877-8535] B. Engineering Division requirements shall be as follow: 1. The applicant shall comply with all of the applicable conditions in the Engineering Division's "Standard Conditions for Commercial and Industrial Developments" booklet, dated January 1998. This booklet is available from the Engineering Division, at no cost to the applicant. 2. The applicant shall redesign the parking area at the rear of the building to minimize the potential conflicts due to vehicles backing on to the alley. The alley does not have sidewalks, revise proposed accessible path of travel to prevent conflicts with vehicles in the travel way of the alley. 3. Provide grading, paving, striping and drainage plans for the rear parking area. [Engineering Division contact: Dennis Chuck, Sr. Civil Engineer (650) 829-6652] C. Police Departments requirements shall be as follow: 1. Municipal Code Compliance The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right Proposed Conditions of Approval RE: Starbucks - P05-0012: UP05-0003 Date: March 17,2005 Page 2 of5 to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. 2. Building Security a. Doors 1) The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1600 lbs. of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike. 2) Glass doors shall be secured with a deadbolt lockl with minimum throw of one (1) inch. The outside ring should be free moving and case hardened. 3) Employee/pedestrian doors shall be of solid core wood or hollow sheet metal with a minimum thickness of 1-3/4 inches and shall be secured by a deadbolt lockl with minimum throw of one (1) inch. Locking hardware shall be installed so that both deadbolt and deadlocking latch can be retracted by a single action of the inside knob, handle, or turn piece. 4) Outside hinges on all exterior doors shall be provided with non-removable pins when pin- type hinges are used or shall be provided with hinge studs, to prevent removal ofthe door. 5) Doors with glass panels and doors with glass panels adjacent to the doorframe shall be secured with burglary-resistant glazing2 or the equivalent, if double-cylinder deadbolt locks are not installed. 6) Doors with panic bars will have vertical rod panic hardware with top and bottom latch bolts. No secondary locks should be installed on panic-equipped doors, and no exterior surface- mounted hardware should be used. A 2" wide and 6" long steel astragal shall be installed on the door exterior to protect the latch. No surface-mounted exterior hardware need be used on panic-equipped doors. 7) On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in this section. The inactive leaf shall be equipped with automatic flush extension bolts I The locks shalI be so constructed that both the dead bolt and deadlocking latch can be retracted by a single action of the inside door knob/lever/tumpiece. A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a tumpiece may be used in "Group B" occupancies as defined by the Uniform Building Code. When used, there must be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one inch high on a contrasting background. The locking device must be of type that will be readily distinguishable as locked, and its use may be revoked by the Building Official for due cause. 25/16" security laminate, 1/4" polycarbonate, or approved security film treatment, minimum. Proposed Conditions of Approval RE: Starbucks - P05-0012: UP05-0003 Date: March 17,2005 Page 3 of5 protected by hardened material with a minimum throw of three-fourths inch at head and foot and shall have no doorknob or surface-mounted hardware. Multiple point locks, cylinder activated from the active leaf and satisfying the requirements, may be used instead of flush bolts. 8) Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum of one throw bolt at both the top and bottom rails. b. Windows 1) Louvered windows shall not be used as they pose a significant security problem. 2) Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glazing or its equivalent. Such windows that are capable of being opened shall be secured on the inside with a locking device capable of withstanding a force of two hundred- (200) lbs. applied in any direction. 3) Secondary locking devices are recommended on all accessible windows that open. c. Roof Openings 1) All glass skylights on the roof of any building shall be provided with: i) Rated burglary-resistant glass or glass-like acrylic material.2 or: ii) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material spaced no more than five inches apart under the skylight and securely fastened. or: iii) A steel g rill of at least 1/8" material or two inch mesh under skylight and securely fastened. 2) All hatchway openings on the roof of any building shall be secured as follows: i) If the hatchway is of wooden material, it shall be covered on the outside with at least 16 gauge sheet steel or its equivalent attached with screws. ii) The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the Fire Marshal. iii) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges. 3) All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building shall be secured by covering the same with either of the following: Proposed Conditions of Approval RE: Starbucks - P05-0012: UP05-0003 Date: March 17, 2005 Page 4 of 5 i) Iron bars of at least 112" round or one by one-fourth inch flat steel material, spaced no more than five inches apart and securely fastened. or: ii) A steel grill of at least 1/8" material or two inch mesh and securely fastened, and iii) I f the barrier is on the outside, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. d. Lighting 1) All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 2) The premises, while closed for business after dark, must be sufficiently lighted by use of interior night-lights. 3) Exterior door, perimeter, parking area, and canopy lights shall be controlled by photocell and shall be left on during hours of darkness or diminished lighting. e. Numbering of Buildings 1) The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four to six inches in height and of a color contrasting with the background. i) In addition, any business, which affords vehicular access to the rear through any driveway, alleyway, or parking lot, shall also display the same numbers on the rear of the building. f. Alarms 1) The business shall be equipped with at least a central station silent intrusion alarm system. NOTE: To avoid delays in occupancy, alarm installation steps should be taken well in advance of the final inspection. g. Traffic, Parking, and Site Plan I) Handicapped parking spaces shall be clearly marked and properly sign posted. NOTE: For additional details, contact the Traffic Bureau at 829-3934. Proposed Conditions of Approval RE: Starbucks - P05-0012: UP05-0003 Date: March 17,2005 Page 5 of 5 h. Misc. Security Measures 1) Commercial establishments having one hundred dollars or more in cash on the premises after closing hours shall lock such money in an approved type money safe with a minimum rating ofTL-15. 2) This Use Permit application shall be subject to 6, 12 and 18-month reviews by the Planning Commission, upon start of business. [Police Department contact: Sgt. E. Alan Normandy (650) 877-8927] D. Water Quality Control Department requirements shall be as follow: 1. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 2. A plan showing the location of all storm drains and sanitary sewers must be submitted. 3. Existing catch basins are to be retrofitted with catch basin inserts or equivalent. These devices must be shown on the plans prior to the issuance of a permit. 4. The applicant must submit a signed maintenance schedule for the stormwater pollution prevention devices installed. 5. Trash handling area must be shown on plans and must be covered, enclosed and must drain to sanitary sewer. This must be shown on the plans prior to issuance of a permit. 6. Fire sprinkler system test/drainage valve must be plumbed into the sanitary sewer system. This must be shown on the plans prior to issuance of a permit. 7. Applicant may be required to pay an additional connection fee. Please provide Environmental Compliance Coordinator with the existing and proposed number of sewer fixture units. Contact Cassie Prudhel at 650-829-3840. 8. Applicant will be required to obtain a wastewater retail food facility permit prior to the beginning of operation. Please contact Craig Lustenberger at Water Quality Control (650) 829-3882 to set up an inspection after completion of construction. [Water Quality Control contact: Cassie Prudhel, (650) 829-3840] Planning Commission Staff Report DATE: September 7, 2006 TO: Planning Commission SUBJECT: Peet's Coffee and Tea - Use Permit, Type "B" Sign Permit and Design Review to allow a 1,921 sq. ft. coffee shop in an existing building at 102 Grand Avenue in the Downtown Commercial (D-C-L) Zoning District in accordance with SSFMC Chapters 20.26, 20.85 & 20.81. Owner: Applicant: Case Nos.: Nick Bocci Peet's Coffee and Tea P06-0092, UP06-0022, DR06-0075, PE06-0003, SIGNS06- 0025 RECOMMENDATION: It is recommended that the Planning Commission approve application P06-0092 for Use Permit UP06-0022, Type "B" Sign Permit SIGNS06-0025 and Design Review DR-06-0075 based on the attached findings and subject to the attached Conditions of Approval. BACKGROUNDIDISCUSSION: Project/Site Description: The subject property comprises the north frontage of Grand avenue from Airport Boulevard to Cypress Avenue and is .18 acres in size. The entirety of the property is occupied by a multi- tenant mixed-use building, constructed in 1891 in the Italianate Victorian style. Current tenants include a taqueria, a sushi restaurant and a jewelry store on the first floor and single room occupancy residents on the second floor. The tenant space addressed by the subject application was previously a business machine retail sales and service concern. The applicant proposes to establish a "Peet's Coffee and Tea"-branded coffee shop in the tenant space at the comer of Grand A venue and Airport Boulevard. Proposed changes to the tenant space include the addition of new windows, awnings and signs and replacement of siding. Proposed interior modifications include a full reconstruction of the floor to comply with accessibility requirements, and the addition of restrooms, counters and seating areas. Additionally, as indicated in the attached correspondence, the property owners have agreed to repaint the upper story of the building prior to occupancy of the proposed coffee shop. Staff Report To: Planning Commission Subject: Peet's Coffee and Tea 102 Grand Ave. September 7, 2006 Page 2 of 5 The store would offer prepared coffee and tea drinks as well as coffee beans and other home brewing accoutrements. According to the applicant, retail sales of beans, mugs and accessories account for 30% of sales at an average store, with the remaining 70% deriving from drink sales. Proposed hours of operation are 6 am to 9 pm, with an average of 6 employees on-site. General Plan The project site is designated "Downtown Commercial" by the General Plan, and is located in the "Downtown" planning sub-area. General Plan Implementing Policy 3 .1-G-2 seeks to "Encourage development of Downtown as a pedestrian-friendly mixed-use activity center with retail and visitor-oriented uses, businesses and personal services..." The applicant's proposal to utilize this ground floor tenant space as a coffee shop conforms to this General Plan policy. Redevelopment Plan The subject property is located within the Downtown/Central Redevelopment Area. The project is consistent with the objectives listed in the Redevelopment Plan, including Objective 1, which seeks to "Expand the retail component of the Downtown.. . encouraging major outlets as a draw to new shoppers" and Objective 7: "To emphasize and highlight the existing architectural style and scale through rehabilitation and renovation of historic structures." Zoning Land Use SSFMC Section 20.06.090 (a)(2) defines "Eating and Drinking Establishments - Limited Service" as places where a limited menu of prepared food and drink is provided to customers without table service, using disposable utensils and where customers typically stay less than one hour. As proposed, the coffee shop substantially meets this definition. The project site is zoned "D_C" Downtown Commercial, which allows limited service eating and drinking establishments subject to a use permit [SSFMC 20.26.030 (c)]. Parking The tenant space was most recently occupied by a business machine sales and service enterprise, which required a total of 4 off street parking spaces (1 space per 500 square feet) in accordance with the Zoning Ordinance parking standards (SSFMC Sec. 20.74). The proposed coffee shop requires a total of 39 spaces (1 space per 50 square feet). The project site is located within the Downtown Parking District, and SSFMC Section 20.74.080 (d) provides that developments proposed within established parking districts may petition the Parking Place Commission for an exception to the off-street parking requirements. At its meeting of September 22, 2006, the Staff Report To: Planning Commission Subject: Peet's Coffee and Tea 102 Grand Ave. September 7, 2006 Page 3 of 5 Parking Place Commission granted the applicant an exception for 35 spaces (39 proposed use - 4 existing use = 35 required), thereby fulfilling the off-street parking requirement for the proposed coffee shop. The Commission added a condition that requires a review of the use six months after occupancy, to review the project's impact on the street parking in the area to determine whether additional signage (regarding location of parking lots, fines for double parking, or both) is warranted. Signs The applicant's proposal includes the installation of two wall signs, two interior signs and one awning sign. The total sign area proposed is 71.3 square feet. According to SSFMC Sec. 20.76.120 (b), the maximum permissible sign area for this tenant space is 167 square feet (2 square feet for every linear foot of lot frontage). A Type "B" Sign Permit is required for sign proposals less than 1 00 square feet in size. The Design Review Board reviewed the applicant's signage designs at their meeting of August 15, 2006 and was generally very pleased with the sign program as proposed. Design Review Board The Design Review Board, at its meetings of July 25, 2006 and August 15,2006, reviewed the proposed modifications to the tenant space. The Board was generally pleased with the proposed fal(ade improvements and sign program, and offered the following comment during the August 15 meeting: 1. Add horizontal siding to the first story of the building (to match with the existing horizontal siding on the second floor) and carry it down to the bottom of the window (keep the stucco band along the bottom). The minutes of the Design Review Board are attached to this staff report. The applicant has incorporated these changes into the plans, also attached. Environmental Review The proposed project has been determined to be categorically exempt from environmental review under the provisions of CEQA (Class 1, Section 15301: Minor alteration to existing facilities). Staff Report To: Planning Commission Subject: Peet's Coffee and Tea 102 Grand Ave. September 7, 2006 Page 4 of 5 CONCLUSION/RECOMMENDA TION: The proposed establishment of the coffee shop is consistent with the City's General Plan and Zoning Ordinance, both of which encourage the location of active ground-floor retail and eating and drinking uses Downtown. Consequently, staff recommends that the Planning Commission approve Use Permit UP06-0022, Design Review DR06-0075; and Sign Permit SIGNS06-0025, based on the attached Findings and subject to the attached Conditions of Approval. ATTACHMENT: Draft Findings of Approval Draft Conditions of Approval Design Review Board Minutes - July 24, 2006 Minutes - August 15,2006 Property Owner Correspondence Site Photographs Plans DRAFT FINDINGS OF APPROVAL USE PERMIT APPLICATION P06-0092 PEET'S COFFEE AND TEA 102 GRAND AVENUE (As recommended by City Staff on September 7, 2006) As required by the "Use Permit Procedures:' (SSFMC Chapter 20.81), the following findings are made in approval of Use Permit Application UP06-0022 allowing the establishment ofa coffee shop in an existing mixed-use multi-tenant building and design review of exterior changes and new signs, at 102 Grand Avenue in the D-C Downtown Commercial District in accordance with SSFMC Sections 20.26, 20.81, and 20.85, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Plans submitted in association with P06-0092; Design Review Board meetings of July 25, 2006 and August 15,2006; Design Review Board meeting minutes of July 25, 2006 and August 15,2006, Planning Commission Staff Report dated September 7, 2006; and Planning Commission meeting of September 7, 2006: 1. The establishment of a coffee shop at 102 Grand Avenue will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. The Recommended Conditions of Approval ensure that the project conforms to the City of South San Francisco Design Guidelines, and is compatible with the existing surrounding development. 2. On August 22, 2006, the Parking Place Commission granted a 35 space parking exception for the proposed coffee shop, as provided for in South San Francisco Municipal Code Section 20.74.080 (d). 3. The proposed coffee shop complies with the General Plan policies applicable to the "Downtown Commercial" land use designation, including Guiding Policy 3.1-G-2, which encourages development of the downtown area as a mixed use activity center including retail businesses. 4. The proposal complies with the Redevelopment Plan Objectives for the Downtown Central Redevelopment Area, including objectives 1 and 7, which seek to "Expand the retail component of the Downtown.. . encouraging major outlets as a draw to new shoppers" and "emphasize and highlight the existing architectural style and scale through rehabilitation and renovation of historic structures," respectively. 5. As conditioned, the project complies with the applicable standards and requirements of the D-C Zone District, which permits "limited service" eating and drinking establishments subject to approval of a conditional use permit. All applicable development standards shall be met or exceeded. 6. The proposed project is categorically exempt under the provisions of CEQA (Class 1, Section 15301: Minor alteration of existing facilities). RECOMMENDED CONDITIONS OF APPROVAL USE PERMIT APPLICATION P06-0092 PEET'S COFFEE AND TEA 102 GRAND AVENUE (As recommended by City Staff on September 7, 2006) A. Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Division's "Standard Conditions and Limitations for Commercial Industrial and Multi-family Residential Projects" as revised February 1999. 2. The project shall be completed and operated substantially as indicated in the plans associated with application P06-0092, prepared by The Charles Doerr Group and dated August 22, 2006, except as otherwise modified herein. 3. Signs shall be limited to those depicted on the attached plans prepared by Neon Images, Inc. and dated July 26, 2006. No additional flags, banners, pennants, freestanding signs, etc. shall be permitted without prior approval of an appropriate sign permit issued by the City. 4. The business management shall ensure the site and perimeter properties remain free of litter generated by patrons of this business. 5. Hours of operation shall be limited to 6:00 AM to 8 PM daily. 6. The applicant shall take all necessary measures to prevent noise, light, glare, or other objectionable elements from adversely affecting the surrounding area beyond acceptable limits. 7. The use shall be subject to a 6-month review period, during which time the City will monitor the use. If any problems are detected or complaints are received, the Planning Commission reserves the right to modify the use permit as deemed necessary. (Planning Division: Chadrick Smalley, Associate Planner, (650) 877-8353, Fax (650) 829-6639) B. Engineering Division requirements shall be as follows: I. STANDARD CONDITIONS The developer shall comply with the applicable conditions of approval detailed in the Engineering Division's "Standard Conditions for Commercial and Industrial Developments", contained in our "Standard Development Conditions for Subdivisions and Private Developments" booklet, dated January 1998. This booklet is available at no cost to the applicant from the Engineering Division. 2. SPECIAL CONDITIONS Any encroachment (i.e. fabric awnings) in the City's right-of-way shall require a revocable encroachment permit from the Engineering Division. The owner shall apply and pay all fees and deposits for the revocable encroachment permit. (Engineering Division: Sam Bautista, Senior Civil Engineer (650) 829-6652) Recommended Conditions of Approval September 7, 2006 Page 2 of6 C. Police Department requirements shall be as follows: 1. Municipal Code Compliance The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. 2. Building Security A. Doors 1. The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1600 lbs. of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike. 2. Glass doors shall be secured with a deadbolt lockl with minimum throw of one (1) inch. The outside ring should be free moving and case hardened. 3. Employee/pedestrian doors shall be of solid core wood or hollow sheet metal with a minimum thickness of 1-3/4 inches and shall be secured by a deadbolt lockl with minimum throw of one (1) inch. Locking hardware shall be installed so that both deadbolt and deadlocking latch can be retracted by a single action of the inside knob, handle, or turn piece. 4. Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of the door. 5. Doors with glass panels and doors with glass panels adjacent to the doorframe shall be secured with burglary-resistant glazing2 or the equivalent, if double-cylinder deadbolt locks are not installed. 6. Doors with panic bars will have vertical rod panic hardware with top and bottom latch bolts. No secondary locks should be installed on panic-equipped doors, and no exterior surface-mounted hardware should be used. A 2" wide and 6" long steel astragal shall be installed on the door exterior to protect the latch. No surface- I The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the hside door knob/lever/tumpiece. A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a tumpiece may be used in "Group B" occupancies as defined by the Unifonn Building Code. When used, theremust be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one inch high on a contrasting background. The locking device must be of type that will be readily distinguishable as locked, and itsuse may be revoked by the Building Official for due cause. 25/16" security laminate, 1/4" polycarbonate, or approved security film treatment, minimum. Recommended Conditions of Approval September 7, 2006 Page 3 of 6 mounted exterior hardware need be used on panic-equipped doors. 7. On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in this section. The inactive leaf shall be equipped with automatic flush extension bolts protected by hardened material with a minimum throw of three- fourths inch at head and foot and shall have no doorknob or surface-mounted hardware. Multiple point locks, cylinder activated from the active leaf and satisfYing the requirements, may be used instead of flush bolts. 8. Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum of one throw bolt at both the top and bottom rails. B. Windows 1. Louvered windows shall not be used as they pose a significant security problem. 2. Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glazing or its equivalent. Such windows that are capable of being opened shall be secured on the inside with a locking device capable of withstanding a force of two hundred- (200) Ibs. applied in any direction. 3. Secondary locking devices are recommended on all accessible windows that open. C. Roof Openings 1. All glass skylights on the roof of any building shall be provided with: a) Rated burglary-resistant glass or glass-like acrylic material.2 or: b) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material spaced no more than five inches apart under the skylight and securely fastened. or: c) A steel grill of at least 1/8" material or two inch mesh under sky light and securely fastened. 2. All hatchway openings on the roof of any building shall be secured as follows: a) If the hatchway is of wooden material, it shall be covered on the outside with at least 16 gauge sheet steel or its equivalent attached with screws. b) The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the Fire Marshal. c) Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges. 3. All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of Recommended Conditions of Approval September 7, 2006 Page 4 of6 any building shall be secured by covering the same with either of the following: a) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material, spaced no more than five inches apart and securely fastened. or: b) A steel grill of at least 1/8" material or two inch mesh and securely fastened and c) If the barrier is on the outside, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. D. Lighting 1. All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 2. The premises, while closed for business after dark, must be sufficiently lighted by use of interior night-lights. 3. Exterior door, perimeter, parking area, and canopy lights shall be controlled by photocell and shall be left on during hours of darkness or diminished lighting. E. Numbering of Buildings 1. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four to six inches in height and of a color contrasting with the background. 2. In addition, any business, which affords vehicular access to the rear through any driveway, alleyway, or parking lot, shall also display the same numbers on the rear of the building. 3. The exterior sign must include the site address. Both corporate and address signage must illuminated to facilitate ready identification by motorists and passersby. F. Alarms 1. The business shall be equipped with at least a central station silent intrusion alarm system. NOTE: To avoid delays in occupancy, alarm installation steps should be taken well in advance of the final inspection. G. Traffic, Parking, and Site Plan Recommended Conditions of Approval September 7, 2006 Page 5 of6 1. Handicapped parking spaces shall be clearly marked and properly sign posted. NOTE: For additional details, contact the Traffic Bureau Sergeant at (650) 829- 3934. H. Misc. Security Measures 1. Commercial establishments having one hundred dollars or more in cash on the premises after closing hours shall lock such money in an approved type money safe with a minimum rating ofTL-15 (Police Department: Sergeant E. Alan Normandy (650) 877-8927) D. Water Quality Control Department Requirements shall be as follows 1. Trash handling area must be shown on plans and must be covered, enclosed and must drain to sanitary sewer. This must be shown on the plans prior to issuance of a permit. Show connection of trash enclosure drain to sanitary sewer. 2. Applicant must install a grease removal device. 3. Applicant may be required to pay an additional connection fee. Please provide Environmental Compliance Coordinator with the existing and proposed number of sewer fixture units or estimated water use. Contact Cassie Prudhel at 650-829-3840. 4. Applicant will be required to obtain a wastewater retail food facility permit prior to the beginning of operation. Please contact Craig Lustenberger at Water Quality Control (650) 829-3882 to set up an inspection after completion of construction. (Water Quality Control Department: Cassie Prudhel, Technical Services Supervisor (650) 829-3840) 5. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME DESCRIPTION John L Ferrari Pete's Coffee & Tea 102 Grand Ave P06-0092, DR06-0075, UP06-0022 & PE06-0003 Use Permit - Peet's Coffee & Tea (Case Planner: Chad Smalley) Use Permit and Design Review to allow a 1,921 sq. ft. coffee shop in an existing building at 102 Grand Avenue in the Downtown Commercial (D-C-L) Zoning District in accordance with SSFMC Chapters 20.26, 20.85 & 20.81. 39-space Parking Exception to allow a 1,921 sq. ft. coffee shop at 102 Grand (20.74.080) The Board had the following comments: 1. Add mullions to the new windows to improve proportionality (and vertical form) to the existing second floor windows. 2. Introduce an arched top to the new windows to echo the shape of the existing second floor windows. 3. Coordinate color palate with colors on the existing building; suggest using base color from second floor as a trim color on proposed storefront. 4. Use several awnings over just the windows rather than one continuous awning. 5. Submit a full sign program for Design Review. 6. Submit revised plans to the DRB for review. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME DESCRIPTION Santos Diego Angel Um 1308 Crestwood Dr P06-0091 & DR06-0074 Diego Residence - 2nd Story Addition (Case Planner: Gerry Beaudin) Design Review of a proposed 2nd story addition to an existing single family dwelling in the Single Family Residential (R-1-E) Zone District in accordance with SSFMC Chapters 20.16 & 20.85 The Board had the following comments: 1. Add a window to the second story above the garage on the left elevation. 2. Add a window to the second story bedroom on the rear elevation. 3. Add two trees, one in the front yard near the corner and one in the street side yard in front of the bulkiest parts of the house. 5. OWNER: SLOUGH FORBES LLC APPLICANT: Slough Estates USA, INC ADDRESS: 494 Forbes Blvd PROJECT NUMBER: P06-0025: UP06-0009 & DR06-0021 PROJECT NAME: 494 Forbes Office/R&D (Case Planner: Gerry Beaudin) DESCRIPTION: "Resubmittal" - Use Permit, Design Review and prelimentary TDM plan to construct two new office/R&D buildings (one 4 story and one 5 story) totalling 326,020 sf, and a 3-level parking structure on a 7.48 site in the Planned Industrial (P-I) Zone District in accordance with SSFMC Chapters 20.32, 20.81, 20.85 & 20.120. The Board had the following comments: 1. As agreed to prior to the meeting, please show GFRC to match building on the service yard portions of the building. 2. Improve the design compatibility between the garage and the buildings-perhaps the garage entry should match the building entry. 3. Add trellis and landscaping on the roof top of the garage structure. 6. OWNER: John L Ferrari APPLICANT: Peet's Coffee & Tea ADDRESS: 102 Grand Ave PROJECT NUMBER: P06-0092: DR06-0075, PE06-0003 & UP06-0022; SIGNS06-0025 PROJECT NAME: Use Permit - Peet's Coffee & Tea (Case Planner: Chad Smalley) DESCRIPTION: "Resubmittal"-Use Permit and Design Review to allow a 1,921 sq. ft. coffee shop in an existing building at 102 Grand Avenue in the Downtown Commercial (D-C- L) Zoning District in accordance with SSFMC Chapters 20.26, 20.85 & 20.81. The Board had the following comments: 1. Add horizontal siding to the first story of the building (to match with the existing horizontal siding on the second floor) and carry it down to the bottom of the window (keep the stucco band along the bottom). rD REALTOR@ RICHARD J. BOCCI REALTY R E (' ~;:. ~ n 194 SCHOOL STREET, P. O. BOX 598 DALY CITY, CALIFORNIA 94017 (650) 756-6333 · Residential Sales · Commercial Leasing · Investment Property · Property Management Pl.,l\. N t:@ ~:,' IJ1>"J . ,."...l:j.~ I August 28, 2006 To Whom It May Concern: In conjunction with Peet's Coffee going into the space at 102 Grand Ave., the owners of the building have agreed to paint the upstairs exterior of the building. As of the date of this letter, the owners are planning to use the same colors that are currently on the building. However, they may consider a color scheme that would better tie in to the space being leased by Peet's. In either case, the owners would be happy to discuss the colors with the city prior to painting. '7 C.---- ic las A. Bocci Richard J. Bocci Realty Aug 31 2006 4:33PM RICHARD J BOCCI REALTY 6507566336 p.2 [H REALTOR@ RICHARD J. BOCCI REALTY 194 SCHOOL STREET, P. O. BOX 598 DALY CITY. CALIFORNIA 94017 (6501 756-6333 · Residential Safes · Commerciaf Lessing · Invntment Property · Property Management August 31, 2006 To Whom It May Concern: In regards to timeline of painting the upstairs exterior of the building located at 108 Grand Ave., the owners have agreed to bave it painted by the time Peet's Coffee (at 102 Grand Ave.) opens for business. .,,/' Thank y~//~.~:> 2~Ci. Richard J. Bocci Realty 1 ~ \..1 'l t"... \\ ~" l . ... . l ..- - ~ J I . ): I I 1 .t J. I I , 1 .. 'I' ~\ ~ _ll\\. m .\ I -I . .. - J ..~ fit l'''j .. -- -..... -.J.~< 11 1 J ... : T1 t, ! J ....,:.1 ; , I ! J . j'l IJ~, ,I 1 ~ 1 ;. f . i ; - t ,) .1 I t . j . t~.~ - I f., '<'J.' ~ J ~ "l ,;" -, ~ J) . "'\ \\.1 \~: Jlff ~,~,,~,i~,' ;J, - .." I I: ' t .' . --..:1 ".~ .... -. '\ ~ 1 . .11 d' . _ !,~ _ 1 ::: ~i I ji '1,1, . tJ,f . ~I, ",1 J I 'f' ~. . ":, 'Ii jl I il . 1,1 , II' · ' 1, J. 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IX = ~ = F== ~ F== ~ l:J 1= en w :z = := F== l5 F== < , II , F== ::IE ", ", >- == i3 = = = :::l! I I I !!: =5 =w , , =~ = " ", F== I F==~ - = = , , ~ ", "- = = , , 1= ,'\ ", "- 1= ' , 1= = - 1= - , ~ f-- - , I- - ~ , , '" "- If 0 , 1"- "- '- - , r-- - = - -- z o t- < > LaJ .....J LaJ :a: t- ::> o (I) c.=> Z I- (I) X LaJ Planning Commission Staff Report DATE: September 7, 2006 TO: Planning Commission SUBJECT: Use Permit - Facets of Nursing Excellence - Use Permit application to allow a Joint Use Parking Agreement for 17 parking spaces for Facets of Nursing Excellence (a nursing education center) located in Suite 0 at 90 South Spruce Avenue during off-peak hours (5pm to 9pm Monday through Friday, and Saturday and Sunday by appointment) in accordance with SSFMC Chapters 20.32, 20.74, 20.74.090(b) in P-I (Planned Industrial) Zoning District. Owner: Applicant: Case Nos.: PS Business Park Eileen A. DeDios P06-0096: UP06-0024 RECOMMENDATION: It is recommended that the Planning Commission approve the Joint Use Parking Agreement (P06-0096 & UP06-0024) based on the attached Findings and subject to the attached Conditions of Approval. BACKGROUND & DISCUSSION: The subject business park is located at the northwest comer of North Canal Street and South Spruce Avenue. The applicant is proposing a nursing education center. The education center prepares nurses for the exam that they must pass to practice in the State of California. The proposed use is permitted within the P-I (Planned Industrial) zoning district - "Community Education" is listed as a permitted use in section 20.32.010 of the South San Francisco Municipal Code (SSFMC). However, a use permit is required to formalize a Joint Use Parking Agreement per 20.74.090(b) of the SSFMC, because the education center cannot meet the parking requirements during regular business hours. The parking allocation for individual units within the business park results in five spaces being allocated to Suite O. A Joint Use Parking Agreement allows the Planning Commission to approve an additional parking allocation for a business that would generate parking demand when other uses are closed. The required number of parking spaces for a Technical Training School within a Community Education use would be one parking space for each employee plus one for every hundred gross Staff Report To: Planning Commission Subject: Facets of Nursing Excellence September 7, 2006 Page 2 of 5 square feet of floor area (SSFMC 20.74.050(a)). The applicant will be the only instructor and the business will occupy Suite 0, which is 1,620 square feet. This results in a parking demand of 17 spaces. Because the business park cannot provide 17 spaces for this business during regular business hours, the applicant has indicated that the business would operate between the hours of 5 PM and 9 PM Monday through Friday and Saturdays and Sundays by appointment only. Typical uses within the park maintain standard 8am to 5pm work hours. Further, no other Joint Use Parking Agreements have been approved for this site so there should be no parking conflict should the Planning Commission approve this application. CEQA The proposed development has been determined to be categorically exempt under the provisions ofCEQA. (Class 1, Section 15301(a): Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.) CONCLUSION: The applicant has agreed to operate the education facility during non-peak hours, which should create no adverse parking situation within the business park at 90 South Spruce or on surrounding public streets. Therefore, staff recommends that the Planning Commission approve application P06-0096 and UP06-0024 based on the attached draft Findings and subject to the attached draft Conditions of Approval. IrffL Gerry Beaudin, Associate Planner TMS/ghb Attachments: Draft Findings of Approval Draft Conditions of Approval Plans DRAFT FINDINGS OF APPROVAL P06-0096 FACETS OF NURSING EXCELLENCE 90 SOUTH SPRUCE AVENUE (As recommended by City Staff September 7, 2006) As required by the "Use Permit Procedures" (SSFMC Chapter 20.81) the following findings are made in support of allowing a Joint Use Parking Agreement at 90 South Spruce Avenue, in P-I Planned Industrial District in accordance with SSFMC Chapters 20.32, 20.74, 20.74.090(b) based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to the Site Plan, dated July 27, 2006 and the Planning Commission staff report, dated September 7, 2006; and Planning Commission meeting of September 7, 2006: 1. The Joint Use parking agreement for a nursing education/training facility in Suite 0 of the business park at 90 South Spruce A venue will not be adverse to the public health, safety or general welfare of the community, nor detrimental to surrounding properties or improvements. The Joint Use parking agreement will allow the nursing education facility - an education service which is currently not offered in the City - to operate in South San Francisco. 2. The proposed project complies with the General Plan Land Use Element designation of "Business Commercial/Office". The community education facility is consistent with the General Plan, with an approved Joint Use parking agreement. 3. The proposed project complies with the standards and requirements of the P-I Zone District with the exception of parking, which is addressed by the Joint Use parking agreement under review by the Planning Commission. * * DRAFT CONDITIONS OF APPROVAL P06-0096 FACETS OF NURSING EXCELLENCE 90 SOUTH SPRUCE AVENUE (As recommended by City Staff September 7, 2006) A. Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Division's standard Conditions and Limitations for Commercial Industrial and Multi-family Residential Projects. 2. The project shall be completed and operated substantially as indicated in the plans prepared by Inter-Pacific Outsourced Dimensions SVCS, dated July 27, 2006. 3. The hours of business operation shall be limited to 5 PM to 9 PM Monday through Friday, and 9 AM to 9 PM Saturday and Sunday. 4. The maximum number of students and instructors permitted at anyone time at this location shall be limited to a total of 17. 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Planning Commission Staff Report DATE: September 7, 2006 TO: Planning Commission SUBJECT: Comerica Bank - Review of window box design and content associated with a new bank at 401 Grand Avenue in the Downtown Commercial (D-C- L) Zone District in accordance with SSFMC Chapters 20.81 and 20.85. Case Nos.: Rita Hernandez Comerica Bank - Lynn Beteag Pollack Architecture - Todd Levine P05-0168: UP05-0030 Owner: Applicants: RECOMMENDATION: It is recommended that the Planning Commission approve the window box design as proposed and select a preferred option for the window content associated with application P05-0168 for Use Permit UP05-0031 subject to the attached supplemental Conditions of Approval. BACKGROUND: Comerica Bank, a full service financial services company, applied to occupy 2,400 square feet of space within the multi-tenant building 401 Grand Avenue. On April 6th, 2006 the Planning Commission approved the application, but as a condition of approval the Commission requested modifications to the depth of the window display areas along the Maple Avenue frontage, as well as additional information about the content ofthe window displays. This submittal package addresses those requests. DISCUSSION: The applicant has addressed both the depth of the window box design and the display content with the plans dated August 3, 2006. Window Boxes At the April 6th Planning Commission meeting, the Commission suggested that a window display box with more depth would be more appropriate for the Maple Avenue windows. At that meeting, the applicant had proposed a window design that included a recess that was approximately two- inches deep. The Commission felt that a deeper recess was in order - upwards of six-inches - and that a box design might provide a higher quality display area. With this submittal, the applicant is proposing 12-inch deep window boxes in two of the window areas facing Maple Avenue. The Staff Report To: Planning Commission Subject: Comerica Bank September 7, 2006 Page 2 of3 window boxes will be made out of wood and painted to match the interior ofthe bank. The applicant is proposing that the display panels be located equal distance from the window and the back ofthe window box. The display material will be held using airplane wires and metal clips. The image will be held between two pieces of clear lexan (plastic). These window boxes, and the accompanying display panels, provide a secure internal environment for the bank staff and the bank contents, and a more interesting display area for pedestrians. Display Content The Commission requested more clarity regarding the proposed content for the window boxes facing Maple Avenue. Due to the subjective nature of selecting display content, the applicants have proposed three options (A, B, & C). Their preference for the window box content is reflected by the order they are presented in the plan set - Option A is the most preferred option and Option C is the least preferred option. Option A consists of both images and text. The images are of smiling people and the text says "We make it work" and "We understand". Comerica has stated that this is most similar to other graphics they have used in urban settings in the Bay Area. Option B removes the text and maintains the smiling people with Bay Area images in the background. Option C has photos of South San Francisco's City Hall and Sign Hill. Staff has drafted Conditions of Approval to coincide with the approval of Option A. Should Option A not be selected by the Commission, the Conditions of Approval can be modified accordingly. Staff has some general recommendations that apply to all three of the Options. First, the graphics should be reduced in size so that they are better framed by the window boxes. Since the graphics will be suspended, staff recommends that a 24-inch open space be created on each side ofthe display panel and an eight-inch open space be created at the top and bottom ofthe panel proposed for the window adj acent to the teller work area. Bringing the image in toward the center of the box will allow passersby to see the depth of the window box and leaving the graphic taller in middle will help screen the door separation at the back of the box. Since the window opening is eight feet tall and 10 feet wide, this will result in a total display panel area of approximately 40 square feet. Staff surveyed other window display materials in the downtown San Mateo and Burlingame and found this display panel shape to be somewhat typical. Similarly, the display in the window box in the A TM room should also be reduced in size so it does not cover the entire window and so the depth of the window box is visible. The window is Staff Report To: Planning Commission Subject: Comerica Bank September 7, 2006 Page 3 of3 approximately six feet tall and seven feet wide. Staff recommends that the display panel has 18- inches of open space on each side and six-inches of open space at the top and bottom. This will result in a 20 square-foot display panel in a 42 square-foot window area. Secondly, the applicants have not proposed any lighting for the display areas. Staff recommends that the applicant provide soft window display lighting between the hours of 8am and 11 pm from Monday through Saturday to activate the comer of Grand Avenue and Maple Avenue. Thirdly, the applicant is proposing place the display panel that is equal distance between the window and the back of the 12-inch deep window display box. Staff recommends that the display panel be placed three-quarters of the distance between the glass and the back of the window box, or approximately eight-inches from the glass. The additional distance between the glass and the image exposes more ofthe window box and is typical of other window box designs that were reviewed by Staff in nearby cities. Finally, the applicant will need to change these images over time. Staff recommends that the Planning Commission select a display panel option so that the Chief Planner can use this initial selection as a guide for appropriate content during future reviews. Staff also recommends that approved images must remain in the window for a minimum of three months, unless otherwise damaged, to avoid frequent requests for content changes. CONCLUSION: The applicants have addressed the Commission's concerns and therefore staff recommends that the Planning Commission approve the window box design and select and approve a preferred option for the window display content as part of application P05-0168 for Use Permit UP05-0031 subject to the attached draft supplemental Conditions of Approval which will be added to the previously approved Conditions of Approval for the Use Permit application. Attachments: Draft Findings of Approval Draft Conditions of Approval Staff Report - Planning Commission April 6, 2006 Plans DRAFT FINDINGS OF APPROVAL WILL BE DELIVERED TUESDAY, SEPTEMBER 5, 2006 DRAFT CONDITIONS OF APPROVAL P05-0168 COMERICA BANK 401 GRAND AVENUE (As recommended by City Staff on September 7, 2006) A. Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Division's standard Conditions and Limitations for Commercial Industrial and Multi-family Residential Projects. 2. The project shall be completed and operated substantially as indicated in the plans prepared by Pollack Architecture, dated August 3, 2006. 3. The applicant shall install the display panels presented as Option A in the plans in conjunction with the conditions outlined below. 4. Any copy or/ text on the display panels shall not include any banking language (i.e. finance, mortgage, loans, etc.). 5. The applicant shall maintain a 24-inch open space border on each side of the display panel and an 8-inch border around the top and bottom of the panel proposed for the window box adjacent to the ATM (left side of the tenant space on the Maple Avenue elevation) resulting in a display panel that is not more than 40 square feet in area. 6. The applicant shall maintain an 18-inch open space border on each side the display panel proposed and a six-inch border around the top and bottom of the panel proposed for the window box adjacent to the ATM (right side of the tenant space on the Maple Avenue elevation) resulting in a display panel that is not more than 20 square feet in area. 7. The applicant shall provide soft window display lighting between the hours of 5pm and 11 pm Monday through Saturday for both Maple Avenue window boxes. 8. The applicant shall apply to the Chief Planner for any changes to the content ofthe display panels. DO WE WANT TO PUT AN ADMINISTRA TNE FEE ON THIS? 9. The applicant shall maintain approved content for a minimum of three months before any new application for a content change will be considered by the Chief Planner unless the display panel becomes damaged. 10. The applicant shall maintain the display panels and window boxes by replacing faded images in a timely fashion, and keep the display areas clean. 11. The applicant shall paint the inside of the window boxes a neutral color. Any color Conditions of Approval P05-0168 Comerica Bank Page 2 of 2 changes to the window boxes shall be approved by the Chief Planner. 12. The applicant shall limit the content of the window boxes to the display materials that are approved for mounting by the Planning Commission or the Chief Planner. Planning Division contact Gerry Beaudin, Associate Planner, (650) 877-8353 Planning Commission Staff Report DATE: April 6, 2006 TO: Planning Commission SUBJECT: Comerica Bank - Use Permit application to allow financial services at 401 Grand Avenue in the Downtown Commercial (D-C-L) Zone District in accordance with SSFMC Chapters 20.26, 20.81 & 20.85 Case Nos.: Rita Hernandez Comerica Bank - Lynn Beteag/Pollack Architecture - Todd Levine P05-0168: UP05-0030 & DR05-0098 Owner: Applicant: RECOMMENDATION: It is recommended that the Planning Commission approve application P05-0168 for Use Permit UP05-0031 and Design Review file DR05-0098 based on the attached Findings and subject to the attached Conditions of Approval. BACKGROUND: Application P05-0168 involving a Use Permit and Design Review for Comerica Bank at 401 Grand Avenue (the comer of Maple Avenue and Grand Avenue) was before the Commission during the March 16th, 2006 meeting. The Commission expressed support for the use being proposed, but had a number of design concerns. The March 16, 2006 Planning Commission staff report is attached for your reference. DISCUSSION: At the March 16th meeting, the Planning Commission expressed support for the proposed use at 401 Grand Avenue, but had several design concerns and suggestions for the applicant. The applicant has since revised the plans to include the following changes to address those concerns: 1. Overall Building Aesthetic - Color, Windows, & Door The applicant is proposing to repaint the entire building and change the windows and door in the Staff Report To: Planning Commission Subject: Comerica Bank April 6,2006 Page 2 of 4 portion of the building that they will occupy. The proposed paint scheme is shown on the last page of the plan set. The scheme highlights the architecture of the building using colors that are familiar to the other businesses in the downtown area. The existing windows within the Comerica Bank tenant space will be replaced with new aluminum frame windows with a spandrel glass transom. The new windows and transom are consistent with the existing window design found on other areas of the building. The front door will also be replaced with new aluminum framed entry doors. The applicant has also proposed to improve the public/private interface between the interior of the bank and the exterior public sidewalk. This will be done by replacing the decaying exterior entry flooring at the comer of Grand Avenue and Maple Avenue with tile flooring that will match the tile flooring proposed for the interior of the bank (see the Proposed Floor Plan). This will further improve the building aesthetic, as well as the pedestrian environment at this location. 2. Building Transparency & Pedestrian Oriented Design - Removing the Proposed Stucco The previously presented plan showed five windows on Maple Avenue closed off with stucco panels. The applicants have since revised their floor plan and elevations to include a more pedestrian oriented design. The key changes include: a) Maintaining all existing glazing on the Maple Avenue frontage; and b) Installing display panels in two areas (the teller work area, and behind the A TM) of the Maple Avenue windows where privacy and security are critical for bank operations. By reworking the floor plan, the applicant has reduced the amount of window area that will have to be screened with display panels. The previous submittal showed four sections of glass in the teller work area closed off for security reasons. The reworked floor plan results in only two sections of glass having to be screened with display panels in the teller work area. The display panels are internal to the building and allow the window glazing to remain. The final window that was proposed to be closed off on Maple Avenue is behind the ATM. This window will be maintained and a display panel will be installed to maintain both security and a more pedestrian- friendly building fayade. The proposed design maintains privacy for the bank and enhances the overall pedestrian experience in the downtown. Staff has added a condition of approval to ensure that the display panels do not become advertising signage. 3. Sidewalk & Streetscape As mentioned above, the applicant will be replacing the decaying exterior entry flooring to the building with tile that will match the tile proposed for the interior of the bank. This will improve Staff Report To: Planning Commission Subject: Comerica Bank April 6, 2006 Page 3 of 4 the streetscape at the comer of Maple Avenue and Grand Avenue. To further enhance the pedestrian experience at the comer of Maple Avenue and Grand Avenue, the bank will be installing additional lighting in the entry vestibule. The applicant is also proposing to plant three street trees in the Maple Avenue sidewalk. The feasibility of planting the propose trees will be determined when the applicant meets with the City's Engineering and Public Works department. Assuming these trees can be planted in the proposed location, they will continue an existing Maple Avenue street tree pattern that exists on the north side of Grand Avenue. And they will further soften the existing Maple Avenue elevation. City Funding Assistance for Other Building Upgrades Planning staff conferred with the Manager of Housing and Redevelopment on the issue of City funding assistance to improve the aesthetic of the entire building. As part of the Downtown Commercial Rehabilitation Program, the building owner may be eligible for funding to upgrade the building. Housing and Redevelopment staffhas worked with the building owner in the past on this and other buildings in the downtown. The building owner is encouraged to contact the Manager of Housing and Redevelopment to discuss potential upgrades and the funds that may be available to improve the overall look of the building. Sign age A separate application (SIGN06-0002) was approved by the Planning Commission for a master sign program for the multi-tenant building at 401-405 Grand Avenue. The signage shown on the elevations in the plans attached to this report is representational only. The display panels proposed in the windows along Maple Avenue cannot be used for advertising or marketing bank services. A condition has been drafted to ensure that the panel displays are not used for advertising and/or marketing and that any text on the panels is limited to 15% of the panel area. CEQA The proposed development has been determined to be categorically exempt under the provisions ofCEQA. (Class 1, Section 15301: Minor alteration to existing facilities.) CONCLUSION: The proposed project meets the intent of the General Plan and complies with the development standards outlined in the Municipal Code. The changes proposed by the applicant since the last Staff Report To: Planning Commission Subject: Comerica Bank April 6, 2006 Page 4 of 4 presentation will result in a significant improvement to the comer of Maple Avenue and Grand Avenue, and to the downtown as a whole. The proposed use will promote pedestrian traffic in the downtown area and occupy a space that is currently vacant. Therefore, staff recommends that the Planning Commission approve application P05-0168 for Use Permit UP05-0031 and Design Review file DR05-0098 based on the attached draft Findings and subject to the attached draft Conditions of Approval. /s/ Gerry Beaudin Gerry Beaudin, Associate Planner Attachments: Draft Findings of Approval Draft Conditions of Approval Design Review Board Minutes - December 20, 2005 Parking Place Commission Staff Report - January 10, 2006 Planning Commission Staff Report - March 16,2006 Plans z 0 CO 0 N Lt') 0 M en <0 N ~ en 0 0 0 ~ '" 0::: w CO .. OJ Ii:: (V) :::E UJ ~ => 0 => tij :E UJ Z Z 0::: ~ ~ 0 ~~ en i= :g:g ~ U 3: rJ) I- ....J => 0< r- r- ..>- 0::: <0 <0 G...J I- O:::U .0.0 <0::: W en lD - 10 10 ~~ C'l C'l I-UJ Z ....:....: ZlD CD en 0 0 00 O~ U C'l Z r- r- uS2 0::: Z :::> <( (!) 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UJ.... ...J~ a:l<( ~t.) r::u.j I-en enO LiS""') It'J~ r-- en Planning Commission Staff Report DATE: September 7, 2006 TO: Planning Commission FROM: Allison Knapp, Terrabay Consulting Planner SUBJECT: Terrabay Phase III Only Addendum to the Supplemental Environmental Impact Report (2005 SEIR), Precise and Specific Plan Amendment and Zoning Text and TDM Program Owner: Applicant: Site Address: Case No. Myers Development Myers Development San Bruno Mountain P06-0073: PP06-0002: SP06-0001: DR06-0060: ZA06-0001; DAA06- 0001: EIR04-0002 RECOMMENDATION . Conduct a public hearing on the proposed Terrabay Precise Plan, Specific Plan and Zoning Text Amendments and the draft Transportation Demand Management Program. . Consider the 2006 Addendum to the 2005 SEIR and the Mitigation Monitoring and Reporting Program (MMRP). . Recommend that the City Council certify the 2005 SEIR, consider the 2006 Addendum and adopt the MMRP and approve the entitlement and legislative actions subject to the conditions and requirements identified in the conditions of project approval. BACKGROUND The Planning Commission conducted a public hearing on the 2006 Project on August 17, 2006. The Planning Commission continued the item to the September 7th public hearing. The Commission did not express a clear consensus with respect to the 2006 Project. Some Commissioner's questioned the appropriateness of an office use of this magnitude west of US 101. Two of the Commissioners from the City Counci1/Planning Commission sub-committee both stated that the 2006 Project is preferable to the currently entitled 2000 Office Project. There was a consensus with respect to appreciation for the refinements made to the 2006 Project as a result of the direction from the Planning Commission and Design Review Board. Planning Commission discussion and concern was expressed with respect to: 1) The phasing of the project and what would occur if only one phase were built. 2) The reduced size of child care center from that in the approved 2000 Project. Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 2 of 13 3) The storage space, dressing area and size of the performing arts center and the potential for the allocated size to be inadequate. 4) The terms of an operating agreement for the performing arts center with respect to its availability and the responsibility for maintenance of the facility. 5) The type of seating in the performing arts center. 6) The dollar value of the public art program. 7) The screening of the garage and need to step the structures more into the hillside. 8) The types of retail uses that would occupy the retail commercial component of the 2006 Project and their potential quality and viability. 9) The potential for circulation impacts at the 2006 Project driveway onto Airport Boulevard. 10) The type of statement that the architecture should make with respect to the site and the community. 11) The desire to have a hotel on the Phase III site. Project Description: The parking for the 2006 Project has been changed by the Applicant since the August 1 ih meeting. The Applicant proposes to construct 1,952 parking spaces (as opposed to 2052) on the site. The parking ratio would be 2.81/1,000 gross square feet of floor area excluding the performing arts center. The parking ratio is still in excess of the 2.68/1 ,000 gross square feet of floor area currently entitled and appropriate for Transportation Demand Management measures. The Applicant will present the proposed modifications to the architecture at the September ih public hearing. DISCUSSION Environmental Documentation Staff prepared an addendum to the 2005 Supplemental Impact Report (2005 SEIR) which tiers from the 1998/99 SEIR, the 1996 SEIR and the 1982 EIR. The Addendum is attached to this report in a bound document (Attachment V). Crane Transportation Group conducted a traffic analysis for the 2006 Project and compared it to the impacts and mitigations identified in the 2005 SEIR. The proposed project has similar impacts to the 1998/99 SEIR and in every case impacts that are substantially less than those identified in the 2005 SEIR. The following impacts and mitigation measures from the 2005 SEIR do not apply to the 2006 Project: Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 3 of 13 1. Aesthetics Impact and Mitigation Measure 3.5-2 which addresses night lighting mitigations to protect residential uses on the Phase III site. The 2006 Project does not propose residential land uses. 2. Noise Impact and Mitigation Measure 3.3-3 Increases in Traffic Noise in 2020. The expected increase in traffic noise due to the 2005 Project generated traffic was calculated based on the traffic projections for a larger mixed-use project that included residential uses. The 2006 Project does not include residential uses and is similar in scope to that of the 2000 Project. The 2006 Project would not increase noise above that identified in the 1998/99 SEIR due to the reductions size and the elimination of residential land uses in the 2006 Project. 3. Noise Impact and Mitigation 3.3.4 Project Generated Mechanical Equipment Noise The 2005 Project involved mixed use development which introduced the potential for stationary noise sources associated with the commercial uses to adversely affect noise sensitive residential uses. The most likely source of noise impact would be from outdoor mechanical equipment used for ventilation and air-conditioning. Noise mitigation is not required based upon the 2006 Project proposed land use. Additionally the City's Design Review Board required shielding of mechanical equipment. The City's Municipal Code requires 2006 Project conformance with the City's Noise Regulation (Chapter 8.32.030). These standards generally require continuously operating equipment to meet a noise level of 60 dBA during the day and 55 dBA during the night. 4. Public Services and Utilities Impact and Mitigation 3.10.1 Increased Demand for Police Services The 2005 Project was a larger more intense land use than the 2006 Project. The Police Department has determined that absence of both the movie theatre and the 24/7 lifestyle activities proposed in the 2005 Project reduces the impacts to police services and six new officers are not needed. Additionally, the 2006 Project applicant shall incorporate recommendations from the SSFPD into their site design and operations that affect crime prevention, security, traffic safety and other concerns as a condition of2006 Project approval. 5. Public Services and Utilities Impact and Mitigation 3.10.2 Increased Demand for Fire Services Development of the 2005 Project would have increased call volumes, including rescue and medical services, to the SSFFD as a result of the increase in new residents, employees and visitors to the site. The site location, construction type, occupancy type, and high concentration of occupants would have severely affected the first fire unit responding to fire, medical, hazardous material, or other emergency calls. SSFFD would require one additional position (three personnel) for fire control, evacuation, medical scene management, care of injured persons, and other emergencies. The 2006 Project is a less intense land use and the Fire Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 4 of 13 Department (Fire Marshall Niswonger) has stated that the mitigations from the 1982 EIR and the 1996 and 1998/99 SEIR's are adequate to mitigate project impacts. 6. Public Services and Utilities Impact and Mitigation 3.10.4 Potentially poor signal strength and reception sites within proposed buildings and parking structures Proposed high-rise buildings and multi-level parking structures in the 2005 Project would have dense building materials, including concrete and steel. These structures may have poor signal strength and reception sites. The Police and Fire Departments through conditions of 2006 Project approval have stated that similar conditions of approval required for the Peninsula Mandalay Project shall apply to the 2006 Project. Therefore, mitigation through the CEQA process is not necessary. 7. Public Services and Utilities Impact and Mitigation 3.10.5 Wildland Fire Potential There exists the potential for an urban wildland fire. The Applicant shall be required through conditions of project approval and by law (California Fire Code) to design the 2006 Project with a 100 foot fire buffer. The 2006 Project reflects the 100 foot buffer requirement. The Property Owners Association shall be required through CC&R's required by the City to maintain the fire buffer. (California Fire Code, 2001 Sec. 110.4). 8. Public Services and Utilities Impact and Mitigation 3.10.8 Increased demand on the wastewater collection system in Airport Boulevard The mitigation measure required televising the sanitary sewer lines serving the project to identify its capacity. The study was completed under the supervision of the Engineering Department. The sanitary sewer line was found to have adequate capacity for the 2006 Project and cumulative development (Ray Razavi, City Engineer, August 17,2006). 9. Traffic and Circulation Impact and Mitigation 3.1-11 On Site Parking applied to the 2005 Project. There is no parking impact associated with the 2006 Project as demonstrated in the 2006 Initial Study. 10. Traffic and Circulation Impacts and Mitigations 3.1-2, and 3.1-62006 Project impacts are less than significant and require no mitigation where mitigation was required for the 2005 Project. Trip generation, Intersection Level of Service at Oyster Pointe/Dubuque/US 101 Northbound on- ramp for 2010 and 2020 was significant (and could be mitigated) with the 2005 Project and is less than significant with no mitigation required for the 2006 Project. Additionally, vehicle queuing impacts at Airport/Sister Cities/Oyster Point and Dubuque Boulevards for both the 2010 and 2020 years can be mitigated to less than significant with the 2006 Project. These same impacts for the 2005 Project could not be mitigated. The 2006 Project would have the same air quality and traffic impacts associated with the entitled 2000 Project. The City adopted Findings of Overriding Considerations for Changes in Regional Long-Term Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 5 of 13 Air Quality (Impact 4.5-3 998/99 SEIR), Traffic Impact Year 2000 Base Case Plus Phases II and III Freeway (Impact 4.4-1 1998/99 SEIR), 2010 Base Case Plus Phases II and III Freeway (Impact 4.4-4 1998/99 SEIR) and 2010 Base Case Plus Phases II and III Ramps (Impact 4.4-5 1998/99 SEIR) on November 21, 2000 by Resolution 147-2200 for these impacts. The environmental resolutions re-state the findings of overriding considerations for the 2006 Project. The proposed Mitigation Monitoring and Reporting Program IS attached to the staff report as Attachment VI. EVALUATION Project Phasing Concerns were expressed that the project would lose its "impact" or be out of balance should it be constructed in phases. The following condition of approval is included for Planning Commission consideration with respect to project phasing. The 2006 Project shall be an essentially "complete project" should the project be constructed in two phases. Therefore, notwithstanding which office tower may be constructed first, the day care, performing arts, landscaping, Point of San Bruno Mountain land replanting and public art program shall be in place at the time a certificate of occupancy is issued for the first phase of construction. The remaining yet-to-be developed portion of the project shall be landscaped, include outdoor seating areas and outdoor art, such as sculpture. A plan that represents a "complete project" shall be submitted along with the building permits for the first phase of construction should the project be phased. The Plan shall be reviewed and approved by the Chief Planner and shall include at a minimum the requirements of this condition. A plan that mitigates any future construction impacts to the day care center shall also be included as a part of this plan. Child Care Center The 2006 Project plans for a 100-child care facility within 5,000 square feet of indoor space and 7,500 square feet of outdoor play area. The 2000 Plan was sized for 9,000 square feet of interior space and 4,000 square feet of exterior space. Staff includes the following condition of approval to address this issue that the Planning Commission raised. The applicant shall submit evidence sufficient to the Chief Planner and Building Official that the space as designed or expanded is adequate to meet state licensing requirements for the Child Care Center. Space shall be designed to accommodate a minimum of 100 children. The evidence may require a letter from the state. A construction phasing plan that mitigates any impacts to the child care center is required as part of the condition identified below. The Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 6 of 13 tenant improvements for the Child Care facility shall be included in the first phase building permit drawings and shall be in compliance with state licensing requirements to ensure a "turn-key" facility. Additionally, the proposed language in the Specific Plan (see Exhibit B) would stipulate that 5,000 square feet is the minimum area for the child care facility, with the understanding that more area may be needed to comply with state licensing requirements. Performing Arts Facility The performing arts center has been increased from a 150-seat, 2,080 square foot shared facility to a 200-seat, 3, I 00 square foot shared facility, in response to Planning Commission and Steering Committee comments. The stage is proposed to be 720 square feet with an additional 300 square feet of storage. An additional shared use pre-function area (office lobby and performing arts pre-function) of 4,500 square feet is also proposed. The 2000 Project included a 5,000 square foot performing arts facility. The following conditions of approval are included for Planning Commission consideration with respect to performing arts facility. An "operating agreement" between the City and the Developer and his successors and assigns for the use of the Performing Arts Facility shall be executed prior to issuance of any building or grading permits for any phase of the 2006 Project. The operating agreement at a minimum shall stipulate that the facility is for the use of the City, civic groups and performing arts groups free of charge. Square footages of uses such as stage, seating and storage shall be stipulated in the agreement. The hours and days the facility shall be available to the aforementioned groups shall also be stipulated in the agreement. A minimum of eight dedicated theatre lights and a dedicated theatre control booth as well as a theatre sound system shall be provided in the performing arts facility for exclusive use of the performing arts and civic groups as stipulated in the operating agreement. The performing arts facility shall be developed in consideration of acoustical performance. The seating shall be fixed seating and angled (as in stadium seating) to facilitate view of the stage. Restaurant and Business Quality and the Option for a Hotel Use An important element of the project is the quality of the retail and the restaurant(s). Good quality restaurants and retail will bring consumers to the site nights and weekends as well as provide services for the office users during the week. Businesses such as Baja Fresh, Starbucks, Peets Coffee and Tea, The Cheescake Factory, Gordon Biersch, Jamba Juice, Pasta Pomodoro, Wolfgang Puck, Kulettos and II Fomaio are higher end well-performing businesses appropriate for the site. Specialty services such as computer stores or bookstores would also be appropriate support uses. Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 7 of 13 The Terrabay Specific Plan Zoning District proposed amendments include the types and quality of restaurant, office and potential hotel uses that are permitted. The proposed language shown in context of the Ordinance in Exhibit B is excerpted in the following: (7) High quality commercial and restaurant uses recognized nationally by their name are permitted commercial retail uses on the Phase III Commercial site. Businesses such as Baja Fresh, Starbucks, Peets Coffee and Tea, The Cheescake Factory, Gordon Biersch, Jamba Juice, Pasta Pomodoro, Wolfgang Puck, Kulettos and 11 Fornaio are higher end well-performing businesses appropriate for the Phase III site. Specialty services such as computer stores, office supply, bookstore stores, retail dry cleaner outlets, shoe repair, florists, specialty high-end grocery and/or deli uses, sundry shops, boutiques and similar uses are permitted support uses. These types of retailers or their equivalent are permitted. Significant deviations from these types of retail uses, as determined by the Chief Planner, may not be permitted or may require a Conditional Use Permit. The applicant will be required to demonstrate how the proposed use is substantially equivalent to the uses and retailers listed above. No fast food drive through restaurants are permitted on the Phase III site. Medical office and associated uses are not permitted on the ground floor. 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 ofthe site and do not exceed 10 percent of the ground floor retail space. (8) Class A Office buildings for office gross square footage of 665,028 square feet; (11) Performing arts center (200 seat minimum) within the office building; (12) Child care center serving a minimum of 100 children with outdoor play area; (13) Hotel, four star or better. Any hotel shall be developed, constructed and maintained to satisfy all requirements necessary to meet a four diamond rating as established by the Diamond Rating Guidelines published by the American Automobile Association in place as of the effective date. Circulation Impacts onto Airport Boulevard The traffic and circulation analysis prepared for the 2006 Project (included in the 2006 Addendum and in Attachment V, herein) identified the potential for queuing impacts onto Airport Boulevard (Impact 3- 1-10 2005 SEIR and the 2006 Addendum). The proposed Terrabay Specific Plan District zoning text amendments and the Mitigation Monitoring and Reporting Program (MMRP) both address this concern. In particular, the MMRP requires monitoring of the performance of the intersection at build-out and occupancy to identify if queuing impacts occur. The mitigation measure requires that: Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7,2006 Page 8 of 13 The first intersection on the site shall be monitored after full project completion and occupancy. The monitoring shall be funded through a developer pass-through account. Backups off the project site or driver confusion will result in signalizing the intersection with timing coordinated to the signal at the project access intersection with Airport Boulevard. Additionally, there will be adequate right-of-way area to provide either an exclusive right turn lane andlor an exclusive left turn lane on the inbound driveway approach to the first internal intersection should the results of the monitoring indicate the necessity to do so. Also, right-of-way will be provided on the outbound driveway approach to Airport Boulevard to provide a second exclusive right turn lane, should the results of the monitoring indicate the necessity to do so (Mitigation Measure 3.1-10 2005 SEIR as modified for the 2006 Project). The 2006 Project is designed to accommodate future widening in this area. Additionally the proposed text amendments to the Zoning Ordinance ensure compliance with the spatial requirements. The proposed text amendments state: (b) Entry / Exit Drive. A privately maintained entry drive shall be constructed to serve the Terrabay commercial district. The drive shall have an 88 foot right-of-way at the intersection of Airport Boulevard which will accommodate two inbound lanes, three outbound lanes and a median. The additional right of way will also accommodate an additional outbound lane if warranted by the circulation monitoring required by the 2005 SEIR and 2006 Addendum. (c) Internal Intersection: The first internal inbound driveway shall include a minimum of 52 feet of right-of-way to accommodate two inbound traffic lanes and the potential for an additional exclusive right turn and left turn lane pocket. The outbound portion of the driveway shall include a minimum of 48 feet of right-of-way to accommodate three outbound lanes of traffic and the potential for an additional lane should circulation monitoring warrant the addition of the lane. 32 Moderate Income Units The 2000 Project was approved with the requirement to provide 32 units of moderate income (120% of median) housing. The 2006 Project proposes 32 units of moderate income housing to be under construction at an off-site location within the City prior to issuance of a certificate of occupancy for the Phase I office tower. A "Housing Agreement" shall be entered into between the Applicant and the City pursuant to the City's Inclusionary Housing Ordinance. Staff has also included the following recommended condition of approval. The Applicant shall have completed construction of the 32 off-site moderate income housing units prior to a certificate of occupancy being issued for any phase of the Phase III 2006 Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 9 of 13 Project. As an alternative the Applicant shall provide a performance bond in favor of the City for construction costs to ensure completion of the 32 units within one year of occupancy of any Phase III building. A "Housing Agreement" required by City Ordinance shall be executed between the Developer and the City prior to issuance of any grading or building permits for the 2006 Project (Phase III). Garage Screening, Architectural Design and the Public Art Program The Applicant will address these concerns at the September 7th meeting. Development Agreement There have been some discussions that a development agreement may not be necessary for the Phase III 2006 Project. Therefore, the conditions of project approval, specific plan language and zoning text amendments have been crafted to cover the concerns that various City officials have raised as important, to date. However, the Planning Commission may desire to express an opinion as to the preference or lack thereof for a development agreement Fiscal Analysis Myers Development acquired the services of a consultant to quantify the economic and fiscal impacts of Phase III, Terrabay. The City's Finance Director reviewed their analysis and believes the revenue estimates are overstated due to the following assumptions that the consultant or Myers Development made: . The City will receive approximately 11.8% of property taxes that the finished development will generate, as the consultant projected. However, property taxes on new construction are not based on operating revenues, as the consultant assumed. In a phone conversation with the County of San Mateo's Deputy Assessor, the Finance Director confirmed that the County bases assessed value on new construction on solely the value of that construction. The consultant's estimate is therefore overstated. A more precise estimate would not be possible without knowing if Myers was intending to sell the land after the project is completed (after which, the land would be reassessed), or whether he would be leasing the buildings out (in which case the land would not be reassessed). . The consultant assumed the City's sales tax revenues from office workers based on a national average of office worker spending during the workday. However, it would not be reasonable to assume that all of the office worker's spending during the work week would occur in South San Francisco; some of it would spill over to surrounding communities with regional shopping centers, for example. Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 10 of 13 . The consultant also assumed a per capita allocation of franchise fee revenue. However, a large portion of the City's franchise fee revenue comes from cable television subscription revenue, which would not be much of a factor in office development. That portion of franchise fees would need to be backed out of the consultant's numbers for a more realistic estimate. . One-time revenues are assumed for construction sales taxes. The City has used a sales tax consultant that has not seen a city earn more than $50,000 or so from this type of arrangement, but Myers asked the consultant here to assume $644,000, which does not seem reasonable. Transportation Demand Management Program The draft TDM Program is included in Exhibit D. The TDM Program includes the following: . Transportation Coordinator who will oversee the TDM Program and perform audits, facilitate ridesharing matching, maintain and update bulletin board and kiosk for transit services, sponsor promotional programs; . Financial incentives for using transit that entail either expanded SamTrans services in combination with a Commuter Check Program or Private Shuttle with service to Caltrain, BART and adjacent Terrabay neighborhoods; . Integrated bicycle parking and support facilities to reduce trips within the Terrabay area; . Reduced supply of parking to discourage driving and take advantage of shared-parking opportunities generated by mixed use development, the use of valet parking and designated and free parking for vanpool and carpool parking spaces; . Paid parking; . Guaranteed Ride Home program; . Promotion of flextime, telecommuting and similar options that allow employees to fulfill their work requirements, but reduce the amount of vehicle trips to the worksite; . Project design that promotes walking and pathway connections to mixed use facilities that provides goods and services; and, . Annual City Monitoring and Program Update. In accordance with the City's TDM Ordinance, a final TDM plan shall be required prior to issuance of a building permit which shall be reviewed for compliance with the City's Ordinance requirements, including shower and locker facilities, as shown in Exhibit D. .. Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 11 of 13 Zoning Text Amendments The proposed zoning text amendments include updating the Terrabay Specific Plan District to conform to the City's updated Municipal Code. Other revisions include minor corrections from typographical errors or names, sections that are out of date and not applicable and corrections on names of neighborhoods. Attachment II.C includes the proposed Terrabay Specific Plan District amendments in their context and entirety. Specific Plan Amendment State Law Requirements California Government Code Section 65451 governs the content of specific plans. The requirements include a text and diagram which specify all of the following in detail: 1. The distribution, location, and extent of the land uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards and criteria by which the development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2) and (3). 5. The specific plan shall contain a statement of the relationship of the specific plan to the general plan. The proposed precise plan contains this information along with the eXIstmg approved 2000 Final Terrabay Specific Plan. Should the Planning Commission and City Council approve the project, direction will be given to staff to make the modifications to the 2000 Final Terrabay Specific Plan (text and diagram) that reflect the 2006 precise plan as approved. 2006 Project Conformance with the City's General Plan The proposed 2006 Project conforms to the land uses identified in the approved and in-effect 2000 Final Terrabay Specific Plan. The proposed 2006 Project conforms to the City's General Plan as identified in Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 12 of 13 the August 17,2006 staff report (Attachment III) and as shown in the resolution recommending approval of the Terrabay 2006 Project Precise Plan, Specific Plan and Zoning Text Amendments and draft TDM Program in Attachment II. CONCLUSION The 2006 Project conforms to the City's General Plan. Many conditions of approval have been recommended that address the various concerns of City officials. Staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council: 1) certify the 2005 SEIR and consider th~20D6 Addendum; 2) approve the specific plan and zoning text amendments; and, 3) approve the precise plan amendment and the preliminary TDM Program, as conditioned. / By: t"...- ,// Allison Knapp, Planning Consultant /' Attachments: I. Resolution Recommending Certification of the 2005 Supplemental Environmental Impact Report and Consideration of the 2006 Addendum with Exhibits: A Findings Concerning Significant Impacts and Mitigation Measures and Less Than Significant Impacts. B Statement of Overriding Considerations. C Findings on Impacts and Mitigation Measures From the 1982 EIR, 1996 SEIR, 1998/99 SEIR Not Further Analyzed in the 2005 SEIR II. Resolution Recommending Approval of the Terrabay 2006 Project Precise Plan, Specific Plan and Zoning Text Amendments with Exhibits: A Conditions of Project Approval B Proposed Specific Plan Amendments C Terrabay Specific Plan District amendments (proposed) D Draft Transportation Demand Management Program. III. Planning Commission Staff Report dated August 17,2006. IV. Minutes a. August 1,2006 Joint Planning CommissionlDesign Review Board Meeting b. Planning Commission Minutes from August 17,2006 Public Hearing. c. Design Review Board of May 16, 2006 and June 20,2006 Staff Report Subject: Terrabay Phase III Only-2006 Project SEIR and Addendum, Specific Plan, Precise Plan and Zoning Text Amendment and TDM Program September 7, 2006 Page 13 of 13 V. 2005 Draft and Final Supplemental Environmental Impact Report and 2006 Addendum. VI. Mitigation Monitoring and Reporting Program. VII. Plans RESOLUTION NO. PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THAT THE SOUTH SAN FRANCISCO CITY COUNCIL CERTIFY THE 2005 SUPPLEMENTAL ENVIRONMENTAL IMP ACT REPORT AS MODIFIED BY THE 2006 ADDENDUM FOR TERRABA Y, INCLUDING FINDINGS REGARDING SIGNIFICANT AND POTENTIALLY SIGNIFICANT IMPACTS, ARE-STATEMENT OF OVERRIDING CONSIDERATIONS FROM THE 1998/99 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, FINDINGS ON IMPACTS AND MITIGATION MEASURES FROM THE 1982 ENVIRONMENTAL IMPACT REPORT, THE 1996 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND THE 1998-99 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NOT FURTHER ANAL YZED IN THE 2005 SUPPLEMENT AL ENVIRONMENTAL IMP ACT REPORT FOR THE REMAINING PHASE IItPARCEL_OF THE TERRABA Y DEVELOPMENT WHEREAS, Myers Development Company proposes to construct Phase III of the Terrabay Development ("the Proposal") as an office and retail commercial project (2006 Project) as the final segment ofthe three-phase development project ("the Project"); and, WHEREAS, the Project is divided into three separate phases, of which the 2006 Project is the third and final phase; and, WHEREAS, the entirety of the Terrabay/ Mandalay project has been analyzed in previous environmental documents, including the 1982 Terrabay Development Project Environmental Impact Report ("the 1982 EIR"), a Supplemental Environmental Impact Report for the Terrabay Specific Plan and Development Agreement ("the 1996 SEIR") and the 1998/99 Terrabay Phase II and III Draft Supplemental Environmental Impact Report ("the 1998/99 SEIR"); and, WHEREAS, the 20056 Project provides for development and disposition of the remaining Terrabay Development parcel consisting of office and commercial land uses; and, WHEREAS, the entitlements provide for 665,000 gross square feet of office, 24,000 gross square feet of commercial retail, a performing arts facility shared with the office conference room, a 100 child day care center, a Transportation Demand Management Program and a Public Arts Program as well as an option for a hotel; WHEREAS, the 2005 Supplemental Environmental Impact Report ("the 2005 SEIR") and its 2006 Addendum as submitted supplements and builds upon the previous environmental analyses, and focuses on traffic and circulation, air quality, noise, public services, utilities and aesthetics; and, WHEREAS, the 2005 SEIR analyzes three alternatives to the 2005 Project, including a existing conditions alternative, a hotel alternative, and a residential alternative to the 2005 Project; and, WHEREAS, previous 1996 and 1998/99 SEIRs and the 1982 EIR analyzed the following alternatives: No Development, assumes no development would occur on the site; Existing 1996 Specific Plan, assumes 432 residential units, 669,300 square feet commercial consisting of retail, office, hotel and restaurant; Reduced Residential, assumes 316 residential units and no commercial; Reduced Commercial, assumes 293,000 square feet of commercial consisting of retail, office, hotel and restaurant and no residential; Permanent Open Space, assumes the land (Phase II and III) would have been dedicated as permanent open space; and Mitigated Plan Development, assumes 340,000 square feet of office, 10,000 square foot restaurant and a 200 room hotel all leaving the 2.0 acre archaeological site in open space. WHEREAS, the 2005 SEIR analyzes the impacts of the 2005 Project in relation to the impacts identified in the 1998-1999 SEIR, the 1996 SEIR and the 1982 EIR; and, WHEREAS, the 2005 SEIR addresses the change in development intensity and the different impacts associated with the 2005 Project and its alternatives; and, WHEREAS, the public review period on the draft 2005 SEIR commenced on August 30, 2005 and closed on October 14,2005. The Planning Commission conducted a public hearing on the draft 2005 SEIR on October 6th, 2005. One public comment was received during the public hearing. Nine comment letters were received during the 45-day review period. All comments are responded to in the draft Final SEIR. Two letters, C/CAG and the San Francisco International Airport relate to noise. PG&E provided a standard comment letter with respect developer requirements. The Town of Co 1m a and the San Mateo County Public Works Department sent letters stating they had no further comments. California Department of Transportation sent a letter requesting 95th percentile analysis of the Bayshore/SB 101 Ramps, Bayshore/Central Project Access, Bayshore/Sister Cities/Oyster Point/Airport, Oyster Point/Dubuque and Debuque/I 0 I Ramps. This analysis was conducted by Crane Transportation Group and is included in the 2005 Final SEIR. Mountain Watch commented on protocols for planting, weeding and maintenance to be included in the CC&R's for Phase III and a mowing regimen for fire buffer. The Mountain Watch comments underscore the objectives of the City. Two letters commented on the merits of the project and one of the two had an overall question on traffic; and WHEREAS, the City prepared responses to comments on environmental issues received during the public review period and at the public hearings, which responses clarify and amplify the information contained in the Draft SEIR, providing a good faith reasoned analysis supported 2 by factual information. The comments and responses to comments were published in a Final SEIR dated November 30, 2005, and were distributed or otherwise made available to the Planning Commission, responsible agencies and other interested parties. WHEREAS, based on the 2005 SEIR and other information in the record, there are certain significant and potentially significant environmental impacts of the 2005 Project which could be mitigated to a level of insignificance, therefore mitigation findings are required pursuant to CEQA S21081 and CEQA Guidelines S1509l upon 2005 Project approval; and, WHEREAS, based on the 2005 SEIR and other information in the record, there are impacts of the 2005 Project which are not environmentally significant and which require no findings or mitigation upon approval; and, WHEREAS, the 2005 SEIR , as a supplement to the 1982 EIR,1996 SEIR and 1998/99 SEIR, did not reanalyze impacts of the 2005 project which were not significantly different from the 2000 Project impacts analyzed in the previous environmental analyses. No further analysis of these impacts was required because the 2005 Project did not present any new significant environmental effects or a substantial increase in the severity of previously identified significant effects in these areas (Public Resources Code S21l66; CEQA Guidelines S 15163). Therefore, mitigation findings pursuant to CEQA S21081 and CEQA Guidelines S15091 are made for each of these impacts previously analyzed in the 1982 EIR, 1996 SEIR and 1998/99 SEIR, and not reanalyzed in the 2005 SEIR; and, WHEREAS, based on the 2005 SEIR and other information in the record, there are significant environmental impacts of the 2005 Project which could not be mitigated to a level of insignificance, therefore the alternatives to the 2005 Project were examined and are deliberately different from the alternatives in the 1998/99 SEIR, 1996 SEIR and 1982 EIR to determine if they would avoid any of the unmitigated significant impacts; and, WHEREAS, based on the 2005 SEIR and other information in the record, there are significant environmental impacts of the 2005 Project which could not be reduced to a level of insignificance; and, WHEREAS, the 2005 Project was withdrawn by the Applicant and a new application identified as the 2006 Project was submitted by the Applicant; and, WHEREAS, the 2006 Project was further analyzed in an Initial Study pursuant to CEQA which included an updated traffic and circulation analysis prepared by Crane Transportation Group (August 21,2006); and, WHEREAS, based upon the analysis contained in the Initial Study it was found that the 2006 Project would result in less environmental impacts than the 2005 Project and Alternatives analyzed in the 2005 SEIR; and, 3 WHEREAS, pursuant Section 15164, California Code of Regulations, Title 14, Chapter an Addendum to an existing SEIR may be prepared if some changes or additions are necessary to a previously certified EIR and none of the conditions identified in Section 15162 have occurred; and WHEREAS, pursuant to the requirements Section 15162 no substantial changes in the 2006 Project have occurred that would require major revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes with respect to the circumstances under which the 2006 Project would be undertaken would require major revisions to the previous EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects would occur; and there is no new information of substantial importance that has become available that was not known at the time of the previous EIR's that would result in one or more significant effects not identified previously, significant effects that would be substantially more sever than identified in the previous EIR, mitigation measures or alternatives previously found not feasible or considerably different from ones identified before and would substantially reduce the effects of the project are declined by the project applicant; and, WHEREAS, pursuant to Section 15164, California Code of Regulations, Title 14, Chapter an Addendum to the 2005 SEIR was prepared for consideration along with the Final 2005 SEIR; and WHEREAS, there are no new significant unavoidable impacts associated with the 2006 Project beyond those identified in the 1998/99 SEIR; and, WHEREAS, The City adopted Findings of Overriding Considerations for Changes in Regional Long-Term Air Quality (Impact 4.5-3 998/99 SEIR), Traffic Impact Year 2000 Base Case Plus Phases II and III Freeway (Impact 4.4-1 1998/99 SEIR), 2010 Base Case Plus Phases II and III Freeway (Impact 4.4-4 1998/99 SEIR) and 2010 Base Case Plus Phases II and III Ramps (Impact 4.4-5 1998/99 SEIR) on November 21,2000 by Resolution 147-2200 WHEREAS, CEQA ~21 081.6 requires that where mitigation findings are made for significant and potentially significant environmental impacts, a mitigation monitoring and reporting program shall be adopted upon 2006 Project approval, at the precise plan stage, to ensure compliance with the mitigations during project implementation; and, WHEREAS, the above-referenced mitigation and monitoring program shall be submitted concurrently with the precise plan for the Terrabay Phase III site; and WHEREAS, the location and custodian of the documents which constitute the record of proceedings upon which the City's decision on entitlements relating to the 2005 SEIR and its 2006 Addendum is the City of South San Francisco Planning Division, 315 Maple Avenue, South San Francisco; and, 4 WHEREAS, the applicable mitigation measures identified in the 1982 EIR, 1996 SEIR, 1998/99 SEIR, 2005 SEIR as restated in the 2006 Addendum and the Mitigation Monitoring and Reporting Program for the 2006 Project will be applied as conditions of Project approval; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South San Francisco hereby recommends that the City Council certify the 2005 SEIR and the following relating to development of Phase III ofthe Terrabay project: 1. The impact and mitigation findings, and mitigation measures identified in Exhibits A and C. The mitigation measures identified in Exhibits A and C should be adopted as conditions of Project approval. 2. The Statement of Overriding Considerations and Findings Regarding Alternatives in Exhibit B. The following Exhibits, attached hereto, are hereby incorporated by reference. Exhibit A: Findings Concerning Significant Impacts and Mitigation Measures and Less Than Significant Environmental Impacts Exhibit B: Statement of Overriding Considerations and Findings Regarding Alternatives Exhibit C: Findings on Impacts and Mitigation Measures From 1982 EIR 1996 SEIR and 1998/99 SEIR Not Further Analyzed in 2005 SEIR Exhibit D: 2005 Final SEIR and 2006 Addendum * * * * * * 5 I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the day of 2005, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Attest: Susy Kalkin Acting Secretary to the Planning Commission 6 EXHIBIT A Terrabay Phase III Only 2006 Project Approvals Findings Concerning Significant Impacts, Mitigation Measures, and Less Than Significant Impacts Pursuant to Public Resources Code g21081 and CEQA Guidelines g15091, the following findings address the Terrabay Phase III project's ("2006 Project") significant and potentially significant impacts and means for mitigating those impacts. The 2006 Project allows for a and office and commercial development that includes a 100 child day care center, 200 seat shared use performing arts center, public arts program, a Transportation Demand Management Program and 32 off site moderate income units (120% of median). In each case, the appropriate statutory finding is followed by a rationale statement explaining how identified mitigations lessen or avoid the related impact. GENERAL CONSIDERATIONS 1. Reliance on Record. The findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the 2005 Project and the SEIR and the 2006 Addendum. The findings and determinations constitute the independent findings and determinations of this City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. 2. Nature of Findings. Any findings made herein by this City Council shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by this City Council, whether or not any particular sentence or clause includes a statement to that effect. This City Council intends that if these findings fail to cross-reference or incorporate by reference any other part of these findings, that any finding required or permitted to be made by this City Council with respect to any particular subject matter of the 2006 Project, shall be deemed made if it appears in any portion of these findings, or findings elsewhere in the record. 3. Limitations. The City Council's analysis and evaluation of the 2006 Project is based on the best information currently available. It is inevitable that in evaluating a project of the scope and size of the 2006 Project that absolute and perfect knowledge of all possible aspects of is impossible. This practical limitation is acknowledged in CEQA Guidelines Section 15151, which states that "the sufficiency of an SEIR is to be reviewed in light of what is feasible." One of the major limitations on analysis ofthe 2006 Project is the City Council's lack of knowledge of future events, particularly those occurring outside the City. In some instances, the City Council's analysis has had to rely on assumptions about such factors as growth and traffic generation in areas outside of the political boundaries of the City. In all instances, best efforts have Page 1 of 15 been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state and national problems and issues. The City must work within the political framework in which it exists and with the limitations inherent in that framework. 4. Summaries of Facts. Impacts. Mitigation Measures. Alternatives and Other Matters. All summaries of information in the findings to follow are based on the 2005 SEIR and 2006 Addendum, the 2006 Project and/or other evidence in the record as a whole. Such summaries are not intended to be exhaustive recitations of all the facts in the record upon which they are based. Moreover, the summaries of impacts, mitigation measures and alternatives are only summaries. This document includes only as much detail as may be necessary to show the basis for the findings set forth below. Cross references to the 2005 SEIR and 2006 Addendum and other evidence such as City Council resolutions or actions have been made where helpful, and reference should be made directly to the 2005 SEIR and 2006 Addendum and other evidence in the record for more precise information regarding the facts on which any summary is based. Conflicting interpretations of the language of the 2005 SEIR and 2006 Addendum and the language of mitigation conditions adopted by the City Council shall be resolved in favor of the latter as the most appropriate way to mitigate the impact in question. 5. Adoption of Mitigation Measures. These findings address the mitigation measures recommended in the 2005 SEIR as they apply to the down sized 2006 Project for impacts identified as significant or potentially significant. Some of the mitigation measures are implemented by changes incorporated into the 2006 Project and others by adoption of standards in the Terrabay Phase III-Only Specific Plan Amendment and/or as approval conditions that shall be incorporated in the Amended and Restated Development Agreement for Phase III. In its actions approving the 2006 Project, the City Council recommends adoption of those mitigation measures recommended in the 2005 SEIR, as revised the 2006 Addendum and by the City Council, that have not already been incorporated into the 2006 Project, except with respect to those that are rejected by the City Council in the specific findings as being infeasible or unnecessary. Where multiple mitigation measures are adopted for a single impact, all of the identified measures are required to support the related mitigation finding, unless otherwise specified (e.g., if mitigation measures are identified as options or alternatives). This City Council finds that all the Mitigation Measures now or previously incorporated into the 2006 Project are desirable and feasible and shall be implemented in connection with the implementation of the 2006 Project in accordance with the Mitigation Monitoring Program to be submitted concurrently with the Precise Plan. 6. Effectiveness of Mitigation Measures. The 2005 SEIR recommended mitigation measures for a more intense land use than that proposed by the Applicant in 2006. The 2005 SEIR and its 2006 Addendum recommend mitigation measures to reduce most of the significant and potentially significant environmental effects to insignificant levels. The City Council reviewed the 2005 SEIR and 2006 Addendum, Page 2 of 15 revised some of the proposed mitigations, and agree with the 2005 SEIR and 2006 Addendum conclusions, as revised by the City Council. The City Council finds that to the extent any residual impact remains that has not been fully mitigated in those instances where the City Council finds that mitigation has occurred; the residual impact is overridden by the Statement of Overriding Considerations. 7. Findings Relate to Phase III and Cumulative Impacts of Phase III Only. The City Council is considering at this time recommending approval of the Phase III Only 2006 Project entitlements. Therefore, these findings relate to Phase III impacts and cumulative impacts. ill assessing the cumulative impacts of the 2006 Project, the project considered include Phase I and Phase II of the Terrabay Project and those projects identified in the cumulative analysis in the 2005 SEIR. Phase III was analyzed in the 1998/99 SEIR on a project EIR level as a component of Phases II and III of the Terrabay Project. The level of analysis of Phase III in the 1998/99 SEIR went beyond the requirements of cumulative impacts under CEQA. The 2005 SEIR and its 2006 Addendum supplements and builds upon the environmental analyses contained in the 1998/99 SEIR, the 1996 SEIR and the 1982 EIR. For the purposes of these findings, the impacts of Phase III for the cumulative analysis will be evaluated based on the Terrabay Phase III-Only Specific Plan analyzed in the 2005 SEIR as modified in the 2006 Addendum. However, the SEIR includes information to analyze the 2005 Project and cumulative impacts of any of the included Phase III alternatives in the document. Based on this information and analysis, the City Council may approve any of the alternatives for Phase III in the 2005 SEIR, or any Phase III Project as long as the impacts of the project, as mitigated, do not exceed the impacts analyzed in the 2005 SEIR and that a Statement of Overriding Considerations is adopted at the time it considers the Phase III project or modifications thereto. 8. illcorporation and Use of Prior EIR's for Project. The 2005 SEIR and its 2006 Addendum is a Supplemental EIR to the four prior environmental impact reports prepared for the Terrabay Project: the 1982 Environmental Impact Report for the Terrabay Development Project ("1982 EIR"), the 1996 Supplemental Environmental Impact Report for the Terrabay Specific Plan and Development Agreement Extension ("1996 SEIR") the Terrabay Phase II and III Supplemental Environmental Impact Report ("1998/99 SEIR") and an 2000 Addendum to the 1998/99 SEIR ("2000 Addendum"). The 2005 SEIR and its Addendum is a project EIR for Phase III of the Terrabay Project. The 2005 SEIR and its Addendum analyzes all potentially significant environmental effects resulting from proposed changes to the development for the Phase 1112006 Project ofthe Terrabay Project from the project approved under the Terrabay Specific Plan (as amended in 2000) and changes in environmental conditions under which the 2006 Project would be undertaken from those analyzed in the 1982 EIR, 1996 SEIR and 1998/99 SEIR and Addendum thereto. The 2005 SEIR and its Addendum does not re-analyze those impacts of the 2005 Project and subsequently the 2006 Project that are not significantly different from the impacts previously analyzed in the 1982 EIR, the1996 SEIR or the 1998/99 SEIR and Addendum thereto. The 2005 SEIR and 2006 Addendum thereto also incorporates by reference the 1982 EIR, 1996 SEIR, the 1998/99 SEIR and Addendum thereto and Page 3 of 15 other prior environmental assessments and environmental impacts reports certified for the 2006 Project and related activities. The proposed limits of grading conform to the RCP fence. Thomas Reid Associates reviewed the proposed Phase III project limits and found them in compliance with the 1999 RCP Certification hearing (November 22, 2005). Ms. Autumn Meisel of Thomas Reid Associates reviewed the proposed Phase III 2006 Project limits and found them in compliance with the 1999 RCP Certification hearing (July 12, 2006). The Airport Land Use Commission concluded that the Phase III project site does not fall within the Airport Influence Area for the San Francisco International Airport as contained in letters dated June 16, 2005, October 14,2005 and November 22,2005. 9. Based on the foregoing, the impacts of the 2006 Project listed below are not significantly different from the 2000 Office Project impacts previously analyzed in the 1982 EIR, 1996 SEIR or the 1998/99 SEIR and Addendum thereto. No further analysis of these impacts was required in the 2005 SEIR and its Addendum thereto because the 2006 Project did not present any new significant environmental effects or a substantial increase in the severity of previously identified significant effects in these areas (Public Resources Code ~ 21166; CEQA Guidelines ~ 15091). The following impact analyses, determinations of significance, and mitigations are incorporated by reference from the 1982 EIR, 1996 SEIR, and 1998/99 SEIR and Addendum thereto to the extent they do not conflict with the analysis and mitigation measures in the SEIR: agricultural resources (1998/99 SEIR); biological resources (1998/99 SEIR); cultural resources (1998/99 SEIR), geology and soils (1998/99 SEIR), hazards and hazardous materials (1982 EIR and 1998/99 SEIR), hydrology/ water quality (1998/99 SEIR), land use planning (1998/99 SEIR), mineral resources (2002 General Plan); population! housing (1998/99 SEIR), and recreation (1998/99 SEIR). Attached hereto as Exhibit C are findings relating to these incorporated impacts analysis and mitigation measures in the previous environmental analyses. 10. Description of the Record. For purposes of CEQA and these findings, the record before this City Council includes, without limitation, the following: A. All applications for approvals and development entitlements related to the 2006 Project, including without limitation, applications for the Phase III Only Specific Plan Amendment, Precise Plan Amendment, CC&Rs, and Amended and Restated Development Agreement submitted to the City; B. The 2006 Terrabay Phase III-Only Precise Plan, Development Agreement (1988) as amended, and Phase I Precise Plan (1989); C. The 1982 EIR, 1996 SEIR, the 1998/99 SEIR and Addendum thereto and other environmental reports referred to in the 2005 SEIR and its Addendum; D. The 2005 SEIR as certified by the City Council, consisting of the Draft SEIR and Final SEIR (the Responses to Comments on the Draft SEIR) and its Addendum; Page 4 of 15 E. All staff reports on the Project and the SEIR; F. All studies conducted for the Project and SEIR including, but not limited to, those contained or referenced in the staff reports or SEIR; G. All public reports and documents related to the Project prepared by City staff, the City Council and the Planning Commission; H. All documentary and oral evidence received and reviewed at public hearings and study sessions related to the Project and the SEIR before the Planning Commission and the City Council; I. All matters of common knowledge to the City Council, including but not limited to: 1. The City's general plan and zoning and other ordinances; 2. The City's fiscal status; 3. City policies and regulations; 4. Reports, projections and correspondence related to development within and surrounding the City; and 5. State laws and regulations and publications, including all reports and guidelines published by the California Office of Planning and Research. Aesthetics Impact 3.5.1 Night lighting would be introduced at the Project site The 2005 SEIR analyzed a 2005 Project that would include two high-rise towers and a retail component which can be expected to include visible signage advertising the retail uses. Given the mix of residential, office and retail use, it is anticipated that night-lighting and glare could be potentially significant. The high-rise towers would be visible from nearby residential development and U.S. 101. Use of reflective materials could result in significant glare that could affect the visibility of drivers on U.S. 101. This is considered a potentially significant impact. Mitigation Measure 3.5.1 The 2006 Project shall not include reflective building materials. Windows shall be non-reflective glass. Metals shall be finished so as not to exhibit a shiny surface. Street lighting shall be controlled and kept low to reduce glare in compliance with the Terrabay Specific Plan. Page 5 of 15 Finding. As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 2005 SEIR. The 2006 Project does not propose a 24/7 land use or residential uses and as such would reduce light spillage from the site. With the incorporation of the specified mitigation measures, the impact of the 2006 Project is less than significant. Rationale. The use of non-reflective materials will reduce the effect of glare that could potentially impact drivers on 101. Air Oualitv Impact 3.2.1 Construction Activities would have the potential to cause nuisance related to dust and PM/o Construction activities would generate dust, especially during excavation and grading of hillsides and hauling of material. This type of activity has the potential to affect local air quality temporarily, as well as create a nuisance to existing and new residents. The primary pollutant of concern is PMlO which is a component of dust. Dust emissions would be generated primarily from disturbance of land areas, wind erosion of disturbed areas, vehicle activity on disturbed areas, and movement of material (both on- and off- site). This would be a potentially significant impact. The current BAAQMD significance threshold for construction dust impact is based on the appropriateness of construction dust controls. If the appropriate construction controls are to be implemented, then air pollutant emissions for construction activities would be considered less than significant. Mitigation Measure 4.5-1 identified in the 1998/99 SEIR and restated in the 2005 SEIR as 3.2-1 requires: . All active construction areas shall be watered at least twice daily and more often when conditions warrant. . All trucks hauling soil, sand, and other loose materials shall be covered, or all trucks shall be required to maintain at least two feet of freeboard. . All unpaved access roads and parking areas at construction sites shall be paved, watered three times daily, or treated with (non-toxic) soil stabilizers. . All paved access roads, parking areas, and staging areas at construction sites shall be swept daily (with water sweepers). Streets shall be swept daily (with water sweepers) if visible soil material is carried onto adjacent public streets. . Inactive construction areas (previously graded areas inactive for ten days or more) shall be hydroseeded or treated with (non-toxic) soil stabilizers. Page 6 of 15 . Exposed stockpiles (dirt, sand, etc.) shall be enclosed, covered, watered twice daily, or treated with (non-toxic) soil binders. . Traffic speeds on unpaved roads shall be limited to 15 miles per hour (mph) . Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways. . Disturbed areas shall be replanted with vegetation as quickly as possible (within one month of the disturbance). . Wheel washers shall be installed for all exiting trucks, or the tires or tracks shall be washed off all trucks and equipment leaving the site. . Excavation and grading activity shall be suspended when winds (instantaneous gusts) exceed 25 mph and cause visible clouds to extend beyond the construction Finding. As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 2005 SEIR. With the incorporation of the specified mitigation measures, the impact of the 2006 Project is less than significant. Rationale. The numerous measures to be implemented to reduce dust and other air pollutant emissions will reduce construction-phase air pollution impacts to less than significant levels. The measures comport with guidelines as promulgated by the Bay Area Air Quality Management District and will reduce construction period air quality impacts to a less-than significant level. Noise Impact 3.3-1 Noise from construction activities could be elevated in the 2006 Project area during the construction phase of the project. Mitigation Measure 3.3-1 The following measures shall be required to reduce the project's short-term construction noise impacts to a less-than-significant level: . Construction Scheduling Noise-generating construction activities, including truck traffic going to and from the site for any purpose, and maintenance and servicing activities for construction equipment, shall be limited to the hours stipulated by Page 7 of 15 the City's Noise Ordinance which are 8:00 AM to 8:00 PM on weekdays, 9:00 AM to 8:00 PM on Saturdays, and 10:00 AM to 8:00 PM on Sundays. . Mufflers and Maintenance All equipment used on the project site shall be adequately muffled and maintained. All internal combustion engine-driven equipment shall be fitted with intake and exhaust mufflers, which are in good condition. Use of good mufflers with quieted compressors on all non-impact tools should result in a maximum noise level of 85 dBA when measured at a distance of 50 feet. . Idling Prohibitions Powered construction equipment shall be turned off when not muse. . Equipment Location and Shielding Stationary noise-generating construction equipment shall be located as far as possible from nearby residences. . Noise Disturbance Coordinator A project construction supervisor shall be designated as a "noise disturbance coordinator" who would be responsible for responding to any local complaints about construction noise (as was done for Phase I site development). The disturbance coordinator shall determine the cause of the noise complaints (such as starting too early, bad muffler, etc.) and shall require implementation of reasonable measures warranted to correct the problem. The telephone number of the disturbance coordinator also shall be posted conspicuously at the construction site Finding;. Construction noise impacts are unlikely given the dominate source of noise in the 2006 Project area generates from the freeway and that residential land uses are approximately 900 feet from the construction site. Implementation of the mitigation measure would reduce potential impacts to less than significant. Rationale. The 900 foot separation of construction activities from senSItIve receptors along with restrictions on construction activities as identified in the mitigation measure would reduce this potential impact to less than significant. Impact 3.3.2: The 2005 Project site is not within the 65 dBA CNEL noise impact area or within the Airport Influence Area as identified by the C/CAG ALUC. Although the 2006 Project is not within a noise impact area, and is not proposing residential land uses, aircraft activities may still disturb some occupants, users and/or residents of the 2006 Terrabay Phase III Only Project site. Requiring an airport noise disclaimer as was required in Terrabay Phase I and II would serve to inform those that may be more sensitive to noise of the potential annoyance. Page 8 of15 Mitigation Measure 3.3.2: The City shall require an airport disclaimer in the CC&R's for 2006 Terrabay Phase III Only lease and sale documents that mirrors the language contained in the CC&R's for Phases I and II of Terra bay. Finding;. The disclaimer, although not required under CEQA, would serve to inform those whom may be more sensitive to aircraft noise sources. No impact. Rationale. The airport disclaimer will allow the project applicant to inform those who may be more sensitive to aircraft related noise of the potential annoyance. The disclaimer was requested by the San Francisco International Airport on the 2005 Project. Public Services and Utilities Impact 3.4.1 Increased Demandfor Police Services The South San Francisco Police Department evaluated the 2006 Project. The 2006 Project would result in fewer impacts than that in the 2005 Project. However, there would still be a requirement to augment police staffing due to the location of the 2006 Project site and police response times. Mitigation Measure 3.4-1 2005 SEIR (4.7-21998/99 SEIR) Mitigation Measure 4.7-2 from the 1998/99 SEIR would be required for the 2006 Project. The mitigation requires the funding of one new police position. Finding. As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 2005 SEIR. With the incorporation of the specified mitigation measures, the impact of the 2006 Project is less than significant. Rationale. Direct mechanisms for reimbursement for necessary additional police services and equipment ensure that related costs shall be borne by the Project applicant. Cooperation with the City's police department will ensure thoughtful and effective site design and configuration for security purposes. The timing for in lieu fees and costs for additional officers is identified as a condition of 2006 Project approval. Impact 4. 7-6 Increased Demand for Police Services- Cumulative Impact Cumulative development (Terrabay Phases I, II and III) would impact police services to the site. Page 9 of 15 Mitigation Measure 4.7-6 from the 1998/99 SEIR which carries over the 1996 SEIR and 1982 EIR Mitigations The Applicant shall fully fund a separate new fully-funded staff (1982 EIR) consisting of three police officers and one new patrol vehicle (1996 SEIR) to address cumulative development impacts. Finding. As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 2005 SEIR. With the incorporation of the specified mitigation measures, the impact of the 2006 Project is less than significant. The timing of the funding for the staff and vehicle is identified in the conditions of 2006 Project approval. As mitigated this impact would be less than significant. Rationale. Direct mechanisms for reimbursement for necessary additional security services ensure that related costs shall be borne by the Project applicant. Cooperation with the City's police department will ensure thoughtful and effective site design and configuration for security purposes. The timing for in lieu fees for additional officers is identified in the conditions 2006 Project approval. Impact 4.7-4 from the 1998/99 SEIR and restated in the 2005 SEIR as Mitigation Measure 3.10-3 The 2006 Project site is within the radio communication shadow of San Bruno Mountain. Poor signal strength and reception sites due to topography impede radio transmissions to the Project site. Mitigation Measure 4.7-41998/99 SEIR and 3.10-32005 SEIR The 2006 Project Applicant shall provide a rooftop communications repeater and related equipment to accommodate all communication channels used by SSFFD. Communication equipment shall be installed during Phase One of Phase III. The Project applicant shall fund maintenance costs of equipment for three years from the installation date. After the three-year period, the City of South San Francisco shall take over costs of maintenance and replacement. Finding. As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 2005 SEIR. With the incorporation of the specified mitigation measures, the impact of the 2006 Project is less than significant. Rationale. The relay equipment is needed it shall be installed prior to the Applicant receiving a certificate of occupancy for the first office tower in the 2006 Project. Page 10 of 15 Traffic and Circulation Impact. 3.1-5 (a) and (b) Year 2010 Vehicle Queuing Impacts Queuing impacts would occur at Airport/Sister Cities/Oyster Point and Dubuque Intersections for both the 50th and 95th percentiles occur. Mitigation 3.1-5 (b) Lengthening the Sister Cities Boulevard left turn pocket (at Airport Boulevard) to 250 feet would reduce queuing impacts to less than significant at this intersection that currently experiences unacceptable base queuing. The mitigation measure shown below is increased to 325 feet to mitigate the 95tli percentile for conditions in the year 2020. Finding: The impact can be mitigated to a less than significant level with the required mitigation measure. The Engineering Division has included this 325 foot lengthening of Sister Cities Boulevard as a condition ofproject approval. Impact 3.1-5 (a) and (b) was a significant unavoidable impact with the 2005 Project and can be mitigated in the 2006 Project. Rational: The Applicant shall provide a bond or other form of guarantee acceptable to the City Engineer for the timing ofthe widening ofthe turn lane. Impact 3.1-9 (a) and (b) Year 2020 Vehicle Queuing Impacts Queuing impacts would occur at Airport/Sister Cities/Oyster Point and Dubuque Intersections for both the 50th and 95th percentiles occur. Queuing impacts could occur at the 2006 Project access and Airport Boulevard. Mitigation 3.1-9 (b) Lengthening the Sister Cities Boulevard left turn pocket (at Airport Boulevard) to 325 feet would reduce queuing impacts to less than significant at this intersection that currently experiences unacceptable base queuing. The required mitigation is for the worst-case 95th percentile in the year 2020. Airport Project Access: Mitigations include lengthening the left turn lane on the Airport Boulevard approach to the 2006 Project access intersection in conjunction with shortening the left turn lanes on the southbound Airport Boulevard approach to Oyster Point Boulevard (based upon monitoring of queuing). The two other alternatives are 1) striping the northbound Airport Boulevard approach to the Project access intersection as an exclusive left turn lane, a shared through/left turn lane and an exclusive through lane and provide split phase signalization; or 2) widening Airport Boulevard adjacent to the project site and providing a second left turn lane on the northbound Airport Boulevard Page 11 of 15 Finding: The impact can be mitigated to a less than significant level with the required mitigation measure. The Engineering Division has included the widening of the left turn pocket as a condition ofproject approval. The Terrabay Specific Plan Zoning District contains draft language to accommodate the widening of the Project driveway access and the first internal intersection on the Project site. The language will become law upon City Council adopting the Ordinance to approve the revisions. Impact 3.1-9 (a) and (b) was a significant unavoidable impact with the 2005 Project and can be mitigated in the 2006 Project. Rational: The Applicant shall provide a bond or other form of guarantee acceptable to the City Engineer for the widening of the turn lane. The 2006 Project is designed to accommodate the right-of-way stipulated for additional turn lanes into the Proj ect. Impact 3.1-11 on Site Circulation Pedestrian crossings at the first on-site 2006 Project intersection could disrupt traffic flow. Mitigation 3.1-11 A "walk/don't walk" signal for pedestrians is identified as a mitigation measure (Mitigation Measure 3.1-10 2005 SEIR as modified for the 2006 Proj ect). Additionally, to address any potential queuing and stacking impacts, the first intersection on the site shall be monitored after full project completion and occupancy. The monitoring shall be funded through a developer pass-through account. Backups off the project site or driver confusion will result in signalizing the internal intersection with timing coordinated to the signal at the project access intersection with Airport Boulevard. Additionally, as stated above, there is be adequate right-of-way area to provide either an exclusive right turn lane and/or an exclusive left turn lane on the inbound driveway approach to the first internal intersection should the results of the monitoring indicate the necessity to do so. Also, right-of-way will be provided on the outbound driveway approach to Airport Boulevard to provide a second exclusive right turn lane, should the results of the monitoring indicate the necessity to do so (Mitigation Measure 3.1-10 2005 SEIR as modified for the 2006 Project). The Terrabay Specific Plan Zoning District contains draft language to accommodate the widening ofthis first internal intersection on the Project site, as well as the 2006 Project entry driveway. The language will become law upon City Council adopting the Ordinance to approve the revisions. Finding: The TDM Program requires monitoring of parking and circulation on the site which is in addition to the requirement ofthis mitigation measure. The Terrabay Specific Plan District Zoning Ordinance contains language requiring the adequate amount of right-of-way on the 2006 Project site to widen both the AirportlProject Page 12 of 15 intersection and the internal intersection that is on the Project site. This impact would be less than significant with the mitigations required. Rational: There is adequate area for the required mitigation measures. The mitigations are stipulated in the TDM Program and the Zoning Ordinance for Terrabay. LESS THAN SIGNIFICANT IMPACTS The City Council finds that all other impacts of the 2006 Project are not environmentally significant as documented in the 2005, 1998/99, 1996 SEIRs and their Addenda, and the 1982 EIR and/or supported by evidence elsewhere in the record as a whole. In some cases, the SEIR has suggested mitigations for impacts that are less than significant even without mitigation. CEQA does not require mitigation for less than significant impacts, nor does it require findings for mitigation measures proposed for less than significant impacts. Therefore, no findings are made with respect to such mitigation measures. Some of the less than significant impacts identified in the 2005 SEIR are impacts that the SEIR identified as potentially significant or significant, but recommended mitigation measures reduce the impacts to less than significant levels. IMPACTS AND MITIGATION MEASURES IDENTIFIED IN THE 2005 SEIR NOT APPLICABLE TO THE 2006 PROJECT Aesthetics Impact and Mitigation Measure 3.5-2 which addresses night lighting mitigations to protect residential uses on the Phase III site. Finding: The 2006 Project does not propose residential land uses. Noise Impact and Mitigation Measure 3.3-3 Increases in Traffic Noise in 2020. The expected increase in traffic noise due to the 2005 Project generated traffic was calculated based on the traffic projections for a larger mixed-use project that included residential uses. Finding: The 2006 Project does not include residential uses and is similar in scope to that of the 2000 Project, not the 2005 Project. The 2006 Project would not increase noise above that identified in the 1998/99 SEIR due to the reductions size and the elimination ofresidential1and uses in the 2006 Project. Noise Impact and Mitigation 3.3.4 Project Generated Mechanical Equipment Noise The 2005 Project involved mixed use development which introduced the potential for stationary noise sources associated with the commercial uses to adversely affect the noise sensitive residential uses. The most likely sources of noise impact would be from outdoor mechanical equipment used for ventilation and air-conditioning. This is a potentially significant impact not previously identified in the 1998/99 SEIR. Page 13 of 15 Finding: Noise mitigation is not required based upon the proposed land use. Additionally the City's Design Review Board required shielding of mechanical equipment. The City's Municipal Code requires 2006 Project conformance with the City's Noise Regulation (Chapter 8.32.030). These standards generally require continuously operating equipment to meet a noise level of 60 dBA during the day and 55 dBA during the night at multiple-family residential uses. Public Services and Utilities Impact and Mitigation 3.10.1 Increased Demand for Police Services The 2005 Project was a larger more intense land use than the 2006 Proj ect. Finding:...The Police Department has determined that absence of both the movie theatre and the 24/7 lifestyle activities proposed in the 2005 Project reduces the impacts to police services and six new officers are not needed. Additionally, the 2006 Project applicant shall incorporate recommendations from the SSFPD into their site design and operations that affect crime prevention, security, traffic safety and other concerns as a condition of 2006 Project approval. Public Services and Utilities Impact and Mitigation 3.10.2 Increased Demand for Fire Services Development of the 2005 Project would increase call volumes, including rescue and medical services, to the SSFFD as a result of the increase in new residents, employees and visitors to the site. The site location, construction type, occupancy type, and high concentration of occupants would severely affect the first fire unit responding to fire, medical, hazardous material, or other emergency calls. SSFFD would require one additional position (three personnel) for fire control, evacuation, medical scene management, care of injured persons, and other emergencies (Captain Niswonger 2005). Finding:. The 2006 Project is a less intense land use and the Fire Department (Fire Marshall Niswonger) has stated that the mitigations from the 1982 EIR and the 1996 and 1998/99 SEIR's are adequate to mitigate project impacts. Public Services and Utilities Impact and Mitigation 3.10.4 Potentially poor signal strength and reception sites within proposed buildings and parking structures Proposed high-rise buildings and multi-level parking structures would have dense building materials, including concrete and steel. These structures may have poor signal strength and reception sites. Finding;. The Police and Fire Departments through conditions of 2006 Project approval have stated that similar conditions of approval required for the Peninsula Mandalay Project shall apply to the 2006 Project. Public Services and Utilities Impact and Mitigation 3.10.5 Wildland Fire Potential There exists the potential for an urban wildland fire. Page 14 of 15 Finding: The Applicant shall be required through conditions of project approval and by law (the California Fire Code) to design the 2006 Project with a 100 foot fire buffer. The 2006 Project reflects the 100 foot buffer requirement. The Property Owners Association shall be required through the CC&R's required by the City to maintain the fire buffer. (California Fire Code, 2001 Sec. 110.4). Public Services and Utilities Impact and Mitigation 3.10.8 Increased demand on the wastewater collection system in Airport Boulevard The mitigation measure required televising the sanitary sewer lines serving the project to identify capacity. Finding: The study was completed under the supervision of the Engineering Department. The sanitary sewer line was found to have adequate capacity for the 2006 Project and cumulative development (Ray Razavi, City Engineer, and August 17, 2006). Traffic and Circulation Impact and Mitigation 3.1-11 On Site Parking applied to the 2005 Project. Finding: There is no parking impact associated with the 2006 Project as demonstrated in the 2006 Initial Study. Traffic and Circulation Impacts and Mitigations 3.1-2, and 3.1-6)006 Project impacts are less than significant and require no mitigation with the 2006 Project where mitigation was required for the 2005 Project:, Finding: Trip generation, Intersection Level of Service at Oyster PointelDubuquelUS 101 Northbound on-ramp for 2010 and 2020 was significant (and could be mitigated) with the 2005 Project and is less than significant with no mitigation required for the 2006 Project. Page 15 of 15 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS AND FINDINGS REGARDING AL TERNA TIVES 1. General Pursuant to Public Resources Code S 21081 and CEQA Guidelines S 15093, the City Council of the City of South San Francisco makes the following Re- Statement of Overriding Considerations relating to its recommendation of approval of the entitlements for the final development parcel of Phase III of the Terrabay Project (hereinafter, "2006 Project" or "Project"). The 2005 SEIR and 2006 Addendum (supplementing the 1998/99 SEIR, 1996 SEIR and 1982 EIR) analyzed Phase III impacts on a project EIR level which is a much greater level than required for cumulative impacts under CEQA. The City Council has balanced the benefits of the 2006 Project to the City against the one adverse impact identified in the 2005 SEIR pertaining to air quality which is a re- statement of the 1998/99 SEIR identified impact and the three adverse impacts identified in the 1998/99 SEIR pertaining to traffic as significant which have not been eliminated or mitigated to a level of insignificance. These impacts are: (I) Air Quality Impact 4.5- 3 from the 1998/99 SEIR Changes in Regional Long-Term Air Quality; (2) Traffic Impact 4.4-1 from the 1998/99 SEIR 2000 Base Case Plus Phases II and III Freeway Impacts; (2) Traffic Impact 4.4-4 from the 1998/99 SEIR 2010 Base Case Plus Phases II and III Freeway Impacts; and (3) Traffic Impact 4.4-5 from the 1998/99 SEIR 2010 Base Case Plus Phases II and III Ramp Impacts. The following significant unavoidable impacts identified in the 2005 SEIR do not apply to the 2006 Project as demonstrated by the 2006 traffic analysis prepared by Crane Transportation Group for the City of South San Francisco and incorporated into the 2006 Initial Study prepared for the 2006 Project: (I) Traffic Impact 3.1.5 : Year 20 10 Vehicle Queuing Impacts; (2) Traffic Impact 3 .1.6: Year 2020 Intersection Level of Service Impacts;and (3) Traffic Impact 3.1.9: Year 2020 Vehicle Queuing Impacts. The City Council has carefully considered each environmental impact identified in the 2005 SEIR and the 2006 Addendum in reaching its decision to approve the 2006 Project. The Project sponsor has made reasonable and good faith efforts to mitigate all potential impacts resulting from the 2006 Project. The City Council has imposed mitigation measures identified in the 2005 SEIR, 1998/99 SEIR, 1996 SEIR and 1982 EIR as conditions of approval to eliminate or mitigate to a level of insignificance potential impacts. Although the City Council believes that the three unavoidable traffic environmental impacts identified in the 1998/99 SEIR and the one air quality impact identified in the 1998/99 SEIR and re-stated in the 2005 SEIR will be substantially lessened by the mitigation measures identified in the 2005 SEIR and incorporated into the 2006 Project as conditions of approval, it recognizes that the implementation of the 2006 Project carries with it these four potentially unavoidable adverse environmental impacts. Page 1 of? With regard to each of the four significant unavoidable impacts, the City Council specifically makes the following findings to the extent that the identified adverse impacts have not been mitigated to a level of insignificance: (1) specific economic, social or other considerations make infeasible mitigation measures or alternatives identified in the 2005, 1998/99 and 1996 SEIR's and the 1982 EIR which may reduce the significant unavoidable impacts to less than significant; and (2) there are specific economic, social, environmental, legal, land use and other benefits of the 2006 Project which outweigh the four significant unavoidable effects on the environment. The City Council further finds that anyone of the overriding considerations identified hereinafter in subsection 4 is a sufficient basis to approve the 2006 Project. 2. Unavoidable Significant Adverse Impacts and Required Mitigation Measures The following are unavoidable significant 2006 Project impacts. These impacts cannot be fully mitigated by changes or alterations to the 2006 Project or the imposition of further mitigation measures. The impacts associated with the 2006 Project are similar to those associated with the approved 2000 office tower. The 2006 Project would eliminate four significant off-site traffic impacts and three significant unavoidable traffic impacts identified in the 2005 SEIR based upon the 2005 Project. Therefore, the 2006 Project has been revised to eliminate seven traffic related impacts. The 2006 Project would not increase the severity of any impacts identified in the 1998/99 SEIR or the 2005 SEIR. Three significant and unavoidable impacts relating to traffic and one air quality would result from implementation of the 2006 Project. These impacts are: Traffic Impact 4.4.1: Year 2000 Base Case Plus Phases II and III Freeway Impacts: The 2006 Project would result in the same impact associated with the 2000 Project on certain segments of US 101 freeway by either increasing traffic volumes by more than 1 % or changing the level of service from LOS E to F. Six of the eight identified impacted freeway segments are already operating at LOS F in the year 2000 without the 2006 Project. Phase II and Phase III Cumulative Impacts will result in an increase of vehicle trips along these segments of US 101 of approximately 1.25% to 2.76%. The 1998/99 SEIR established a standard that an increase in peak direction traffic on the roadway of 1 % or more due to the Project would be considered a significant impact. The Phase II and III Cumulative Impacts will result in an increase that is considered significant. The 2006 Project will contribute over a 1 % increase in peak direction traffic on these segments of US 101 and the 2006 Project cumulative is considered significant. The 2006 Project incorporates a bus stop and shelter along Airport Boulevard and a Transportation Demand Management Program. The City has constructed the Oyster Point Interchange Improvements and the Applicant has contributed 8.5 million to these improvements. The 1998/99 SEIR notes that either a 64% reduction in the size of the Project or widening of US 10 1 would reduce this impact to less than significant. Both of these measures are infeasible. Page 2 of7 Traffic Impact 4.4.4: Year 2010 Base Case Plus Phases II and III Freeway Impacts: The 2006 Project would result in the same impact associated with the 2000 Project on certain segments of US 101 freeway by increasing traffic volumes by more than 1 % at segments already operating at LOS F. Six of the eight identified impacted freeway segments are already operating at LOS F in the year 2000 without the 2006 Project. Phase II and Phase III Cumulative Impacts will result in an increase of vehicle trips along these segments of US 101 of approximately 1.10% to 2.41 %. The 1998/99 SEIR established a standard that an increase in peak direction traffic on the roadway of 1 % or more due to the Project would be considered a significant impact. The Phase II and III Cumulative Impacts will result in an increase that is considered significant. The 2006 Project will contribute over a 1 % increase in peak direction traffic on these segments of US 101 and the 2006 Project cumulative is considered significant. The 2006 Project incorporates a bus stop and shelter along Airport Boulevard and a Transportation Demand Management Program. The City has constructed the Oyster Point Interchange Improvements and the Applicant has contributed 8.5 million to these improvements. The 1998/99 SEIR notes that either a 59% reduction in the size of the Project or widening of US 10 1 would reduce this impact to less than significant. Both of these measures are infeasible. The 2006 Project has been reduced in size from that previously analyzed. Traffic Impact 4.4-5 2010 Base Case Plus Phases II and III Ramp Impacts Development of Phase II and III in the year 2010 would cause a significant adverse cumulative impact on the PM peak hour operation on the Northbound US 101 on-ramp from Oyster Point Boulevard. This on ramp would already be operating at over-capacity and unacceptable levels in 2010 without the 2006 Project. Phase II and III Cumulative Impacts will result in an increase of vehicle trips by approximately 6.8% on this on-ramp. The 1998/99 SEIR established a standard that an increase in peak direction traffic on the on-ramp of 1 % or more due to the Project would be considered a significant impact. The Phase II and III Cumulative Impacts will result in an increase that is considered significant. The 2006 Project will contribute over a I % increase in peak direction traffic on this on-ramp and the 2006 Project cumulative is considered significant. The 2006 Project has contributed 8.5 million to traffic improvements in the area. The 2006 Project includes a bus stop and shelter along Airport Boulevard as well as and a Transportation Demand Management Program. A 85% reduction in the size of the Project would be required to reduce this impact to less-tah-significant which in light of the whole of the record and the objectives of the Project is infeasible. Air Quality Impact 3.2.3: Regional emission increase that would exceed the BAAQMD significance thresholds for ozone precursors and PMJO. This is the same impact identified in the 1998/99 SEIR and remains the same for the 2006 Project. Measures identified in the Transportation Demand Management (TDM) Plan incorporate the mitigation measures identified in the 1998/99 SEIR and the 2005 SEIR. These impacts Page 3 of7 could be reduced by the mitigation measures identified but not to a level that is less than significant. Mitigation measure 4.5-3 identified in the 1998/99 SEIR shall be implemented. In addition, the following mitigation measures shall be applied to Project: 1) electric vehicle charging stations shall be provided, 2) the project will include sidewalks and/ or paths, connected to adjacent land uses, transit stops and/or a community-wide network, 3) provision of secure and conveniently located bicycle storage, 4) preferential parking for electric or alternatively-fueled vehicles. 5) implementation of feasible TDM measures including ride-sharing, coordination with regional ridesharing programs and provision of transit information, 6) the above-referenced bus turnouts and benches, and 7) direct, safe, attractive pedestrian access from project land uses to transit stops and adjacent development. 3. Findings of Infeasibility of Mitigation Measures and Alternatives For Unavoidable Impacts a. Infeasibilitv of Mitigation Measures Traffic Impacts 4.4.1 and 4: Year 2000 and 2010 Base Case Plus Phases II and III Freeway Impacts and Traffic Impact 4.4.5 2010 Base Case Plus Phases II and III Ramps An overall reduction in project size between 64% to 85% would be required in order to reach a less than significant impact. A reduction of this nature would render the project economically infeasible. The economic benefit realized through a critical mass of office and commercial retail uses in order to capitalize the 2006 Project and the tax return to the City would not be realized. Reductions in the 2006 Project is infeasible because of the extensive and costly public amenities and infrastructure improvements required for the 2006 Project and those already built for Phase I and II, the need for a critical mass of office and retail to finance the project and provide a tax benefit to the City and the fixed cost of constructing infrastructure necessary to serve the 2006 Project. The development of the Terrabay Project, including the 2006 Project is subject to extensive conditions of approval under the HCP, Development Agreement and Specific Plan as amended. These documents require 1) the restoration and dedication of over 400 acres of property to the County and the City as open space; 2) funding HCP maintenance and monitoring; 3) construction of a fire station (built as part of Phase I); 4) construction of a recreation center (built as part of Phase I); 5) construction of a child-care facility; 6) construction of a 200 seat Performing Arts Center 7) construction of 32 moderate income housing units off-site at 120% of the median; 8) completion of the Hillside Boulevard extension (built as part of Phase I); 9) a $8.5 million financial contribution to the construction of the hook ramps; 10) construction of the water tank and distribution lines and the Terrabay pump station as a part of Phase I; 11) construction of the sound wall along Sister Cities Boulevard; 12) construction of recreational improvements to Hillside Page 4 of7 School; and, 13) and other improvements and fees. The costs of these improvements are spread throughout the entire project, including the 2006 Project. The construction of required infrastructure in the 2006 Project are fixed costs that must be spread over the amount of square footage constructed. A 60 - 84% reduction in density to reduce impacts to a less than significant level could not support the development costs of the 2006 Project and would render the 2006 Project economically infeasible. Based on the foregoing and other information in the record, widening of US 101 or a reduction of the size of the 2006 Project are not feasible. (4) Air Quality Impact 3.2.3: Regional emission increase that would exceed the BAAQMD significance thresholds for ozone precursors and PMIO~ Reduction of the 2006 Project as identified above (approximately by 75%) could potentially reduce this impact to a less than significant level. The 2006 Project would be economically infeasible, as noted above, with such a reduction. The benefits of the 2006 Project would then not be realized. b. Infeasibility of Alternatives Which Would Reduce Impacts Since the significant unavoidable impacts will be caused by buildout of the 2006 Project, the only alternative identified in the 2005, 1998/99, 1996 SEIR and the 1982 EIR that would reduce this impact to less than significant is the No Development Alternative. In light of the foregoing, the only alternative that would reduce the cumulative impacts of building out the project as proposed in the 2006 Project is the No Development Alternative for the remaining parcels of Phase III. This alternative is infeasible. The Terrabay Project already incorporates many of the alternatives proposed under the 1998-99 SEIR. First, the Project provides for a 25+ acre of preserve land (The Preservation Parcel) for the protection of endangered species habitat and a 6.3 acre parcel offered to the City for recreational purposes (The Recreation Parcel). Additionally, a buffer area is proposed to shield the archeological site from the proposed development. The project also incorporates more area into the HCP. The Project has contributed 8.5 million to transportation improvements the majority of which mitigates impacts associated with Phase III development. As a result of the foregoing, the developable footprint on the remaining parcel has been significantly reduced (from 47 to 1 0 acres). Moreover, the benefits of the Project to the City are derived from the Project as a whole. The goals and objectives of the Project may only be met if each phase is built as proposed in the 2006 Project. Furthermore, the benefits under the HCP are based on the development of each phase. Therefore, since the No Development Alternative for Phase III does not accomplish most of the objectives Page 5 of? of the Project, the City Council finds that this alternative is infeasible and, therefore, rejects this alternative as it relates to the remaining parcels of Phase III. 4. Statement of Overriding Considerations The City Council has considered the public record of proceedings on the 2006 Project and finds and determines that the approval and implementation of the 2006 Project entitlements would result in the following substantial public benefits that outweigh the four significant, unavoidable cumulative impacts of the Terrabay 2006 Project: . Provide economic growth and employment opportunities in the City and surrounding region, by the creation of new jobs on the site and in the construction - related industries; . Provide a tax benefit to the City by increasing tax base and revenues to the City through property and sales tax revenues; . Provide below market rate housing; . Reduce overall environmental impacts and preserve open space by building on 10 acres of land out of the original 47 acres of Phase III most of which was previously disturbed by transportation and utility-related grading while preserving 26 plus acres as species habitat, wetlands and open space; . Further the goals of the San Bruno Mountain Habitat Conservation Plan by allowing the 2006 Project to be built within the developable area of the Mountain vested by the HCP, to continue to fund the HCP by the homeowner and commercial fees prescribed by the HCP, by the restoration and conveyance to the County of San Mateo the remainder parcels adjacent to the Phase III site, by the creation of a fire buffer around the perimeter of the site and the planting of a carefully planned landscape plan utilizing non-invasive and drought resistive plantings; . Develop the "Buffer Parcel" with roads and landscaping pursuant to the Mutual Release and Settlement Agreement between the City, Myers Development Company, San Bruno Mountain Watch and the Center for Biological Diversity; . Create a transition area between the urbanized potion of the City and San Bruno Mountain Park; . Offset Project Sponsor's burden and City burden and costs created by the development of Phase I and II and the public amenities already constructed by the developer including the construction of Sister Cities Boulevard, fire station, recreation center, private streets, water system and holding tank, Hillside School recreation facilities, payment of a child care in-lieu fee ($700,000), payment of Oyster Point Flyover fees (8.5 million), restoration and dedication of 26 acres of open space (Preservation Parcel), restoration and dedication of a six acre plus parcel to the Page 6 of7 City (the Recreation Parcel), restoration and dedication of 400 acres of open space (Juncus Ravine and remainder lands), construction of the linear park and offer of dedication of the park to the City, by allowing the project to be completed and tax benefits to the City to be realized. Page 7 of? EXHIBIT C FINDINGS ON IMPACTS AND MITIGATION MEASURES RESULTING FROM THE 2006 PROJECT THAT DO NOT REQUIRE FURTHER ENVIRONMENT AL REVIEW FROM 1998/99 SEIR AND ADDENDUM, THE 2005 SEIR AND THE 2006 ADDENDUM THERETO NOT FURTHER ANALYZED IN 2005 SEIR AND THE 2006 ADDENDUM This section contains findings on the environmental impacts of the Proposed Phase III Project (2006 Project) that were not further analyzed in the 2005 SEIR because the impacts of the 2005 Project for Phase III were not significantly different from the impacts of the Phase III Project under the Terrabay Specific Plan as amended in 2000. An Initial Study was prepared for the 2006 Project and through the analysis it was found that the 2006 Project poses less environmental impacts than those identified for the 2005 Project and that some of the mitigation measures required in previous documents have been completed. An Addendum to the 2005 SEIR was prepared. No further analysis of these impacts was required because the 2006 Project did not present any new significant environmental effects or a substantial increase in the severity of previously identified significant effects in these areas for the entire Terrabay Project (Public Resources Code S 21166; CEQA Guidelines S 15091). Prior City Council findings on the environmental impacts of Phase III under the 1982 EIR,1996 SEIR, and 1998/99 SEIR and Addendum thereto are incorporated herein by reference. Mitigation measures already completed or incorporated into the 2006 Project design are only addressed as necessary for the finding. Aesthetics: (2005 SEIR) The 2006 Project slightly reduces lighting impacts from those identified in the 2005 SEIR. There would be no conflict between night lighting and residential uses associated with the 2006 Project as no residential land uses are proposed as a part ofthe 2006 Project. Additionally, the 2006 Project would be clustered on eight acres as opposed to 20 acres proposed and analyzed in the 2005 SEIR leaving the majority of the site open with views of the Mountain. No new or additional mitigation measures would be required for the 2006 Project. A1!ricultural Resources (1998/99 SEIR) The 2006 Project site contains no lands designated as prime farmland, Unique Farmland or Farmland of Statewide Importance. There is no farmland or agricultural uses within the City of South San Francisco (source: South San Francisco General Plan, 1999). Impacts on Biolo1!ical Resources (1998/99 SEIR) The 1998/99 SEIR updated information on biological resources of the project and re-evaluated potential impacts on sensitive resources. The 2006 Project would result in no impacts to special status species that are identified in the 1998/99 SEIR. The 2005 Project has been substantially revised to avoid all the Callippee Silverspot habitat (Viola penduncula) and to take only 1/10th of an acre of freshwater march, seeps, and riparian habitat. In doing so, a 26-acre plus Preservation Parcel (containing wetlands and critical butterfly habitat) was offered by the Page 1 of7 applicant and designated as permanent open space by the City Council on November 24, 2000 (Resolution #48-2000). The dedication and conveyance of the land on August 11, 2004, to the County of San Mateo for inclusion in San Bruno County/Sate Park preserves the wetlands and habitat and furthers the objectives of the HCP for San Bruno Mountain. A Wetland Mitigation Plan prepared by Wetland Research Associates, on behalf of the City and Myers Development Company, approved by the U.S. Army Corp ofEn~ineers mitigates the impacts ofthe City's Oyster Point Hook ramp project and the 1/10t acre wetland take on the 2006 Project site. These modifications serve to provide compliance with mitigation measure 4.3-1 (a) from the 1998/99 SEIR, which calls for avoidance of freshwater marsh and riparian habitat to the greatest extent possible. The 2006 Project conforms to mitigation measures contained in the 1998/99 SEIR with respect to wetlands preservation and species habitat preservation. Environmental Collaborative (City's biologist of record for review of Terrabay) reviewed the 2005 Terrabay Phase III Only Plan and found it to be in compliance with the mitigation measures identified in the 1998/99 SEIR, as documented in the 2005 Initial Study and 2005 Terrabay Phase III Only Initial Study contained in the 2005 SEIR. The 2006 Project would increase the distance of construction further from biologically sensitive areas from that analyzed in the 2005 Initial Study as shown in the 2006 Initial Study and Addendum. The 2006 Project would slightly reduce potential impacts on the northern portion of the Buffer Parcel in that area where as identified in 2005, it was thought to contain emergent wetlands. The USACE determined in 2005 that this area did not constitute wetlands (February 1, 2006). The boundaries of the Terrabay Specific Plan Area were found by the City Council to be in compliance with the Habitat Conservation Plan (HCP) on May 12, 1999 (City Council Resolution #64-99). The compliance hearing was conducted pursuant to federal statute which included review by U.S. Fish and Wildlife Service, State Department ofFish and Game, the County of San Mateo and Thomas Reid Associates (Plan Administrator). The review period and certification hearing was noticed pursuant to federal, state and local requirements. The Terrabay Plan boundaries and limits of grading included Phase III as well as the dedication of the Preservation Parcel. The proposed 2005 Terrabay Phase III Only Specific Plan identifies limits of grading within the developable area ofthe remaining 21 acres of Terrabay Phase III (Figure 3, Initial Study in DSEIR, p 2-4 DSEIR and Figure 15 Phase III Only Terrabay Specific Plan). The proposed limits of grading conform to the HCP fence and the HCP requirements. Ms. Victoria Harris of Thomas Reid Associates reviewed the 2005 Phase III project limits and found them in compliance with the 1999 HCP Certification hearing (November 22, 2005). The 2006 Project was found to be in compliance with the HCP Boundaries on July 12,2006 (Ms. Miesel, Thomas Reid and Associates). Mitif!ation Measure Section 4.3 Biology of the 1998/99 SEIR and Master Response 7.3-8 of the 1998/99 SEIR are hereby incorporated by reference. Mitigation Measure 4.3-1,jrom the 1998/99 SEIR shall apply to the 2006 Project which address landscape compatibility, a restoration plan and salvage plan. Page 2 of7 Mitigation Measure 4.3-2from the 1998/99 SEIR avoidance of habitat has been accomplished by the creation and conveyance ofthe Preservation Parcel however, dust control and trail signage are applicable to the 2006 Project. Mitigation Measure 4.3-3 from the 1998/99 SEIR which identifies avoiding wetlands take to the maximum extent feasible which has been accomplished with the creation and conveyance of the Preservation Parcel to the County containing wetlands and enhanced wetlands pursuant to an approved USACE Section 404 permit which mitigates the loss of 0.10 acres of intermittent stream the only take of wetlands associated with the 2006 Project. Findin1! As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 1998/99 SEIR. , The impact of the 2006 Project is less than significant with the incorporation of the specified mitigation measures. Rationale The 2006 Project conforms with the provisions of the San Bruno Mountain Habitat Conservation Plan, and enhancement and preservation efforts will greatly improve habitat values on this portion of the site. No significant impacts on wildlife are anticipated from the 2006 Project. Impacts on Cultural Resources (1998/99 SEIR) There are no Historic Resources (as defined under section 15064.5 of the CEQA Guidelines) on the Terrabay Phase III Only site. One prehistoric archeological site is located adjacent to the project site, a shellmound which contains a number of organic, shellfish and human remains. The 2006 Project completely avoids this site, fulfilling the requirements of Mitigation measure 4.9- 1 (b) of the 1998/99 SEIR. The archaeological site is a part of the "Preservation Parcel" containing wetlands, archaeological remains and endangered species habitat. The Preservation Parcel was conveyed by the applicant to the County of San Mateo August 2004 for inclusion in San Bruno Mountain State and County Park. Additionally, Holman Associates, Archaeologists (City's archaeologist of record for review of Terrabay) reviewed the 2005 Terrabay Phase III Only plan and found it to be in compliance with the mitigation measures identified in the 1998/99 SEIR, as documented in the 2005 Initial Study contained in the 2005 SEIR. The 2006 Project does not decrease the distance of development from the Preservation Parcel and would not impact the prehistoric archaeological site. The 2006 Project keeps within the limits set by the 2005 Project. Miti1!ation Measure The 2006 Terrabay Phase III-Only Specific Plan would implement Mitigation Measure 4.9-1 (b) ofthe 1998/99 SEIR. Potential impacts are thus reduced to a less than significant level. Findin1! As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 1998/99 SEIR. Page 3 of7 The impact of the 2006 Project is less than significant with the incorporation ofthe specified mitigation measures. Rationale The impacts of the 2006 Project on cultural resources are less than significant because there are no historical resources on the Development or Buffer Parcels, the only identified site of archeological significance is located off-site, and because potential impacts on Native American burial sites are ameliorated by a limitation of development on the Buffer Parcel to roads, retaining walls, surface parking, landscaping and an informational kiosk. Based on the foregoing, the 2006 Project impact is less than significant. Impacts on Geolo!!V and Soils (J998/99 SEIR) Geology, soils and seismicity were thoroughly analyzed in the 1998/99 SEIR. The limits of grading proposed by the 2006 Project are substantially less (approximately half of the area) those analyzed in 1998/99 and approximately half of that analyzed in the 2005 SEIR. Therefore, approximately 10 acres of the original 47 acre site would be disturbed by grading and construction. Additionally, a geotechnical investigation was conducted by URS Corporation for the Phase III Development site. The engineering analyses of this study were documented in a second geotechnical report. Additional field exploration as a requirement of the building permit issuance will be conducted to address design level specifications pertaining to standard building issues such as foundations, compaction and drainage. The potential geologic impacts identified in 1998/99 such as seismicity, rock and land slides, debris flows, liquefaction and settlement do not differ from that analyzed in the 1998/99 SEIR. Mitif!ation Measures Implementation of Mitigation Measures 4.1.1 from the 1998/99 SE1R shall apply to the 2006 Project which stipulates that all grading shall be in conformance with the Agreement with Respect to San Bruno Mountain Habitat Conservation Plan. This mitigation also requires state and federal agency permitting prior to grading. The 2006 Project is in compliance with this requirement. Mitigation Measure 4.1-2 from the 1998/99 SEIR shall apply to the 2006 Project which stipulates maximum slope grades, benches and drainage and slope engineering design to insure slope stability and minimize erosion. Mitigation Measure 4.1-3 from the 1998/99 SEIR shall apply to the 2006 Project will require that measures to mitigate active slide areas and to mitigate cuts into active slides include removing material, buttressing and building retaining walls. Additionally, implementation of this mitigation measure requires that the CC&Rs for the Property Owners Association establish and fund a Slope Maintenance Plan which shall provide for the monitoring and maintenance of engineered slopes, perimeter drainage, debris slide retention and deflection structures. Mitigation Measure 4.1-4 from the 1998/99 SEIR shall apply to the 2006 Project which required rockslide and rockfall mitigations including such measures as flatter Page 4 of7 slopes with benches, rock anchors, subdrains, revegetation, slope monitoring instrumentation, sealing off loose rocks, netting and encapsulating rocks, fencing rocks, annual inspection of outcrops prior to the rainy season, slope maintenance plans and implementation of the plans through the CC&R's for the property. Mitigation Measure 4.1-6 from the 1998/99 SEIR shall apply to the project which addresses the secondary effects of seismic shaking. The above identified mitigation measures will mitigate potential issues of rock slope stability, land and debris slides, liquefaction and settlement to less than significant levels. FindinJ! As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 1998/99 SEIR. With the incorporation of the specified mitigation measures, and with the implementation of the additional studies and data collection discussed more fully above, the impact of the 2006 Project is less than significant. The 2006 Project would not result in any new or increased impacts with respect to geology and soils from those identified in the 1998/99 SEIR. The 2005 SEIR did not re-evaluate geology and soils impacts as they were similar to or less than the project impacts analyzed by the 1998/99 SEIR. The 2006 Project would result in less site disturbance than analyzed in the 1998/99 SEIR. No new or additional mitigation measures would be required for the 2006 Project Rationale The implementation of mitigation measures related to slope stability, the establishment of a slope maintenance plan, and other mitigation measures contained in the 1998/99 SEIR, and as required and incorporated into Phases I and II of Terrabay which have proven successful, will reduce potential impacts from seismically induced landsliding and rock sliding impacts to a less than significant level, and the removal of debris material, addition of buttressing walls and retaining walls will mitigate possible activity in active slide areas. Impacts of Hazards and Hazardous Materials (1998/99 SEIR and 1999) The undeveloped and vacant project site contains no hazardous or toxic materials as documented in the Phase I Environmental Site Assessment identified in the 2005 Initial Study for the 2005 Project. The mixed use project would not result in the release of hazardous materials into the environment. The General Plan identifies the site as a 'Low Priority Fire Hazard Management Unit," and no mitigation measures are required. Conditions have not changed since the evaluation of the 2005 Project that would result in an impact to or from the 2006 Project. Water and HvdroloflV Impacts (1998/99 SEIR). The 2006 Project would not violate any water quality standards or waste discharge requirements. The 2006 Project would result in a reduction of impervious surfaces by about 75 percent from the 1998 Project development plan due to the dedication of the 25.6-acre Preservation Parcel, resulting in an increase in groundwater re-charge and the reduction in the scope of the 2006 Project from that proposed in the 2005 Project. The amount of surface and storm water runoff Page 5 of7 would be less than in the previous development plan. Future development at the site will not degrade water quality, and the project site is not located within a 100-year flood zone. The 2006 Project will result in a reduction of storm water runoff, which is addressed in the 2005 SEIR and the 2006 Addendum. Mitiflation Measure Mitigation Measure 4.2-11 from the 1998/99 SEIR refers to debris basins that are required on the Phase III parcel and does apply to the 2006 Project. No additional mitigation measures beyond those identified in the 1998/99 SEIR are required. Findinfl As described in the above mitigation measure, changes or alterations have been required in, or incorporated into, the 2006 Project which avoid or substantially lessen the potentially significant environmental effects identified in the 1998/99 EIR. The 2006 Project would not result in any new or increased impacts with respect to hydrology from those identified in the 1998/99 SEIR. The 2005 SElR did re-evaluate storm water/waste water and as noted by the City Engineer adequate capacity does exist in the existing storm drain/sanitary sewer infrastructure for the 2006 Project and cumulative development. The 2006 Project would result in less site disturbance than analyzed in the 1998/99 SElR. No new or additional mitigation measures would be required for the 2006 Project. Rationale The amount of surface runoff and storm water runoff under the 2006 Project is less than that of the plan analyzed in the 1998/99 SElR. The site is not located within a flood plain. The impacts of the 2006 Project are less than significant and less than the project analyzed in the 1998/99 SEIR. Impacts on Land Use and Planninfl There are no land use impacts associated with the 2006 Project. Impacts on Mineral Resources There are no mineral resources on the Terrabay site and therefore there are no mineral resource impacts associated with the 2006 Project. Impacts on Noise The 2006 Project would not result in any new or increased impacts with respect to noise from those identified in the 1998/99 SEIR and the 2005 SEIR which did re-evaluate noise. No new or additional mitigation measures would be required for the 2006 Project. Mitiflation Measure Mitigation Measure 3.3-1 from the 2005 SEIR which restates Mitigation Measure 4,6-1 from the 1998/99 SEIR. The mitigation measure requires construction scheduling and limits hours of construction activity, muffling and shielding of equipment, stipulates location of equipment (furthest from residential uses) and equipment idling prohibitions to reduce temporary noise impacts. The mitigations also require "Disturbance Coordinator" which in practice on Terrabay Phase I and II has been entitled a "Mitigation Monitor". Page 6 of7 Impacts on Population Housing The 2006 Project would not result in any new or increased impacts with respect to population and housing nor did the 1998/99 SEIR identify any impacts associated with population and housing. The 2005 SEIR did not re- evaluate population and housing impacts based upon the analysis contained in the initial study for the 2005 SEIR. No new or additional mitigation measures would be required for the 2006 Project Impacts on Public Services The 2006 Project would not result in any new or increased impacts with respect to public services from those identified in the 1998/99 SEIR. The 2005 SEIR did evaluate impacts associated with a more intense land plan and both police and fire has indicated that the mitigations identified in the 1998/99 SEIR, 1996 SEIR and 1982 SEIR adequately address the 2006 Project. No new or additional mitigation measures would be required for the 2006 Project. No impacts associated with parks and open space are anticipated. The project has constructed the Terrabay Recreation Center and has or is in the process of dedicating over 400 acres for open space and recreational use including the Preservation Parcel (26 acres), the Recreation Parcel (6.3 acres) and Juncus Ravine and remaining parcels (400 acres) as open space. Mitigation Measure Implementation of Mitigation Measure 4.7-2 from the 1998/99 SEIR requires the funding of one new police position. Mitigation Measure 4,7-4 from the 1998/99 SEIR and restated in the 2005 SEIR as Mitigation Measure 3.10-3 requires the installation of relay equipment to facilitate police and fire communications on the first building constructed on the Phase III site. Mitigation Measure 4,7-6 from the 1998/99 SEIR which carries over the 1996 SEIR and 1982 EIR requirements to fully fund a separate new fully-funded staff (1982 EIR) consisting of three police officers and one new patrol vehicle (1996 SEIR) to address cumulative development impacts are required for the 2006 Project. Impacts on Recreation The 2006 Project would not result in any new or increased impacts with respect to recreation and open space. The project has constructed the Terrabay Recreation Center and has or is in the process of dedicating over 400 acres for open space and recreational use including the Preservation Parcel (26 acres), the Recreation Parcel (6.3 acres) and Juncus Ravine and remaining parcels (400 acres) as open space. The 2006 Project proposes, as required by ordinance, the construction of a 100 child day care center. No new or additional mitigation measures would be required for the 2006 Project. Impacts on Utilities The 2006 Project would not result in any new or increased impacts with respect to utilities and service systems. No new or additional mitigation measures would be required for the 2006 Project. Page 7 of7 RESOLUTION NO. PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING APPROV AL OF AN AMENDMENT TO THE FINAL TERRABAY SPECIFIC PLAN FOR PHASE III ONLY, TERRABA Y PRECISE PLAN AND TDM PROGRAM AND ADOPTION OF A ZONING AMENDMENT TO THE TERRABAY SPECIFIC PLAN DISTRICT WHEREAS, the Terrabay lands have an extensive planning history dating to the early 1980's; and, WHEREAS, the City Council of South San Francisco approved the Final Terrabay Specific Plan and the Restated and Amended Development Agreement for the Remaining Parcels of Phase II and Phase III of the Terrabay Development on December 13,2000; and, WHEREAS, the City and Myers Peninsula Company, L.L.c. ('the Applicant"), have prepared a 2006 Terrabay Phase III-Only Precise Plan (2006 Project) amending the approved 2000 Specific and Precise Plans for the Phase III site, which addresses the 21 acres of land approved for a 665,000 square foot office tower and roadways in the 2000 plan, which the 2006 Project would construct in two office towers along with 24,000 square feet of ground floor commercial retail, a 200 seat shared use performing arts facility, a 100 child day care center, a public art program to be constructed on approximately 10 acres of the 21 acre site and 32 moderate income units (120% of median) off site, and, WHEREAS, the Applicant's 2006 Terrabay Precise and Specific Plan amendment is proposed to modify Terrabay Phase III only to allow for the office to be constructed in two towers with approximately 24,000 square feet of retail commercial use on the Phase III Terrabay Commercial land in place of the originally planned and approved single office tower and 7,500 square feet of commercial retail; and WHEREAS, the Terrabay Final Specific Plan approved in 2000 shall be revised to incorporate the land uses and the development intensities approved by the 2006 Terrabay Precise Plan amendment and as conditioned in Exhibit A and as directed by City Council; and, WHEREAS, the Final Terrabay Specific Plan shall require minor text and exhibit amendments to reflect the 2006 Precise Plan approvals to allow for 1) two office towers totaling 665,000 gross square feet as opposed to the 2000 Plan approval allowing one 665,000 gross square foot office building, 2) 24,000 square feet of retail commercial use as opposed to the 2000 Plan approval of7,500 square feet of retail commercial use, 3) a 200 seat performing arts facility shared with the office use as opposed to a 150 seat performing arts center shared with the office allowed by the 2000 Plan, 4) a 100 child day care center which is the same as the 2000 Plan; and 5) a public arts program on site which is the same as the 2000 Plan and 6) 32 moderate income housing units off site at 120% of median which is the same as the 2000 Plan, as generally shown in Exhibit B attached hereto; and, 1 WHEREAS, certain amendments to the Terrabay Specific Plan District Zoning Ordinance, shown in Exhibit C attached hereto and incorporated herein by this reference, are necessary to allow for the revised 2006 Plan land uses; and, WHEREAS, the 2005 SEIR and its 2006 Addendum, which supplements and builds upon the environmental analyses contained in the 1998/99 Terrabay Phase II and ill SEIR and Addendum, the 1996 Terrabay SEIR and the 1982 Terrabay Environmental Impact Report (EIR), is focused on traffic and circulation, air quality, noise, public services, utilities and aesthetics, and is being recommended for approval to the City Council via separate resolution, and is stated in its entirety as a part of the recommendation for certification in that entirety in that Resolution's recommendation; and, WHEREAS, should the City Council certify the 2005 SEIR and approve its 2006 Addendum and approve the Terrabay Phase ill Only Precise and Specific Plan amendments and Zoning Ordinance amendments recommended herein, and should the City Council determine that a development agreement is necessary, the City Manager and City Attorney, at the direction of the City Council, will negotiate with the applicant the terms of a Restated and Amended Development Agreement (DA), to be followed by the action ofthe City Council; and, WHEREAS, the Design Review Board, Planning Commission subcommittee and Planning Commission have requested various refinements to the 2006 Project which amends the 2000 Final Terrabay Specific Plan and Precise Plans. City Council directs staff to incorporate these changes into the Final Terrabay Specific Plan document after City Council action on the2006 Project, should the City Council find in favor of approval. The refinements will reflect the revisions of the Design Review Board, sub-committee, Planning Commission and City Council as approved, and would include any necessary amendments to the T errabay Specific Plan District that emerge as a result of final City Council action on this 2006 Precise and Specific Plan. WHEREAS, the Design Review Board reviewed the 2006 Project in May 16 and June 20,2006, on July 26,2006 a sub-committee of the Planning Commission conducted a study session on the 2006 Project, on August 1,2006 the Design Review Board and the Planning Commission conducted a joint properly noticed meeting on the 2006 Project, the Planning Commission conducted properly noticed public hearings on August 17, 2006 and September 7, 2006 and modifications to the 2006 Project have been made by the Applicant in response to direction given; the August 17 and September 7, 2006 properly noticed Planning Commission meetings were also held to consider the proposed amendments to the Terrabay Precise Plan, Final Terrabay Specific Plan and the Terrabay Specific Plan District Zoning Ordinance; and, NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South San Francisco hereby adopts the following findings based upon the entire record for the Terrabay development. The record includes, but is not limited to, the following: 1) The South San Francisco General Plan, and General Plan Environmental Impact Report; 2) The 2000 approved and the 2006 proposed Final Terrabay Specific Plan; 3) the 2006 proposed Precise Plan; 4) The 1998-99 Certified Terrabay Supplemental Environmental Impact Report, which 2 includes 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 and Addendum, 4) the 2005 Supplemental Environmental Impact Report and 2006 Addendum, 5)Testimony and materials submitted at the City Council study session on April 24, 2000; 6) Testimony and materials submitted at the Planning Commission study sessions of June 1,2000 and September 14,2000; 7) Testimony and materials submitted at the Design Review Board meeting on June 20, 2000; 8) Testimony and materials submitted at the Historic Preservation Commission on June 8, 2000; 9) Testimony and materials submitted at the Planning Commission meeting on November 2, 2000; and 10) Testimony and materials, including the Restated and Amended Development Agreement for Remaining Parcels of Phase II and Phase III of the Terrabay Development, submitted at the Planning Commission meeting on November 16,2000; 11) Testimony and materials, including amendments to the Final Terrabay Specific Plan and Terrabay Specific Plan District Zoning Ordinance submitted at the Planning Commission meeting on March 14, 2001, 12) Testimony and materials, including proposed amendments to the South San Francisco General Plan and an amendment to the Terrabay Specific Plan, submitted at the October, 2004 joint study session conducted by the City Council and Planning Commission, 13) Testimony and materials, including proposed amendments to the South San Francisco General Plan and an amendment to the Terrabay Specific Plan, submitted at the three City Council subcommittee meetings and one joint City Council! Planning Commission conducted between February of 2004 and July of 2005, 14) Testimony and materials, including proposed amendments to the South San Francisco General Plan and an amendment to the Terrabay Specific Plan, submitted to the joint City Council and Planning Commission subcommittee meetings of October 5th and 24th, 2005, 15) Testimony and materials, including proposed amendments to the South San Francisco General Plan and an amendment to the Terrabay Specific Plan, submitted to the Planning Commission at hearings dated November 17th, 2005, December 1 S\ 2005, and December 15th, 2005, 16) Testimony and Materials including the 2006 Project revision presented to the Design Review Board in May 16, June 20, 2006, the July 26,2006 sub-committee meeting of the Planning Commission on the 2006 Project, the August 1,2006 Design Review Board and the Planning Commission joint properly noticed meeting on the 2006 Project and the Planning Commission properly noticed public hearings on August 17, 2006 and September 7, 2006. 1. Proposed 2006 Terrabay Specific Plan Conformance with the General Plan The proposed land uses identified in the 2006 Project that amend the 2000 Final Terrabay Specific Plan conform to the City's General Plan as identified in the following. Project Conformance with the General Plan The proposed land uses in the 2006 Amendment the Final Terrabay Specific Plan conforms with and implements the following General Plan policies. Chapter 2.6 Land Use Policies Guiding and Implementing Policies 3 2-G-l: Preserve the scale and character of established neighborhoods, and protect residents from changes in non-residential areas. Analysis: The 2006 Project will be a part of South San Francisco but will not be in the middle of an established neighborhood or community with San Bruno Mountain as a backdrop, Sister Cities Boulevard and Terrabay Phase II to the west and south, and Airport Boulevard and Highway 101 to the east. The 2006 Proj ect will compliment the existing land uses in the area and the City. The proposed uses will not detract from the City's existing commercial base but compliment it by providing office uses, and office supporting and area- wide retail uses on the site. 2-G-2: Maintain a balanced land use program that provides opportunities for continued economic growth, and building intensities that reflect South San Francisco's prominent inner bay location and excellent regional access. The site has immediate access to Highway 101, San Francisco, the peninsula and the airport which will provide local and area-wide clientele for the 2006 Project which will add to the City's tax base and support the office use. The 2006 Project proposes office and retail land use with a O. 78 FAR under the 1.0 FAR maximum for Business Commercial land use designations with structured parking. 2-1-4: Require all new developments seeking an FAR bonus set forth in Table 2.2-2 to achieve a progressively higher alternative mode usage. Analysis: The TDM measures identified in Schedule 20.l20.030-B: Summary of Program Requirements (Zoning) ofthe City's TDM Ordinance are incorporated into the TDM program for the project. 2-1-3: Undertake planned development for unique projects or as a means to achieve high community design standards, not to circumvent development intensity standards. Analysis: The 2006 Project is unique and it is a planned development. The site is unique within the City of South San Francisco as well as the northern peninsula. The 21 acre (18 acres developable) site is undeveloped on the west of 101 and in the lee of San Bruno Mountain. The relatively large size ofthe site and its protection from the windy elements of the Mountain enable a successful office and commercial retail project to be developed. Outdoor cafes and plazas, the proposed walk to the sanctuary will all be sheltered from the elements and provide a setting for people to converge and interact. The 2006 Proj ect will be developed on approximately 10 acres leaving the remainder of the site in open space, landscaping and land restoration. The 2006 Project includes a public art program. 2-1-4: Require all new developments seeking an FAR bonus set forth in Table 2.2-2 to achieve a progressively higher alternative mode useage. Analysis: The TDM measures identified in Schedule 20.l20.030-B: Summary of Program Requirements (Zoning) ofthe City's TDM Ordinance is incorporated into the TDM 4 program for the 2006 Project. 2-1-13: As a part of development review in environmentally sensitive areas, require specific environmental studies and/or review as stipulated in Section 7.1: Habitat and Biological Resources Conservation. Analysis: The 2006 Project has undergone extensive environmental review as discussed above in this report. Biological surveys are required annually prior to site development. The Preservation Parcel, containing critical species habitat, was conveyed to the County for inclusion in San Bruno Mountain County/State Park. Remainder parcels are landscaped with seed mix approved by the HCP Administrator as appropriate for the butterfly. Three land restoration and preservation plans have been approved as part of the project and restoration work has occurred and is nearly complete. The plans include the Juncus Parcel, the Preservation Parcel and the Buffer Parcels along with the perimeter ofthe Mandalay (Heights and Pointe) and Phase III parcels. The lands have been restored and offered for dedication to the County of San Mateo for inclusion in San Bruno County/State Park. Chapter 3: Planning Sub-Areas Element: Paradise Valley/Terrabay Guiding Policy 3-8-G-2: Improve accessibility to neighborhood shopping opportunities. Analysis: The 2006 Project proposes office, restaurant and retail land uses and a performing arts center. Chapter 4: Transportation Guiding and Implementing Polices 4-2-G-7: Provide a fair and equitable means for payingfor future street improvements. Analysis: ramps. The project sponsor contributed land and $8.5 million to construct the hook 4-2-1-6: Incorporate as part of the City's CIP needed intersection and roadway improvements including Bayshore Boulevard and Us. 101 Hook Ramps Analysis: The project sponsor contributed to the construction of the hook ramps and Sister Cities Boulevard. The proj ect sponsor will also contribute to additional roadway and pedestrian improvements as identified in the 2005 SEIR and the 2006 Addendum. The Oyster Point Flyover and Hook Ramp construction is complete. 4-3-G-2: Provide safe and direct pedestrian and bikeways between and through residential neighborhoods, and to transit center. Analvsis: The 2006 Project includes pedestrian walkways to Airport and Sister Cities 5 Boulevard and to the bus stop on Airport Boulevard. 4-3-G-3: operations. In partnership with local employers, continue efforts to expand shuttle Analysis: The project implements a shuttle service for Peninsula Mandalay. The shuttle service will be expanded to cover the Phase III 2006 Project project. 4-3-1-4: Require provision of secure and covered bicycle parking. Analvsis: The project includes several locations with covered and locked bicycle parking. Chapter 5: Parks, Public Facilities and Services Implementing Policy 5-1-G-5: Develop linear parks in conjunction with major infrastructure improvements and along existing utility and transportation rights-ol-ways. Analvsis: Phase ill site. overlook area. Terrabay Phase I and II include a linear park. The park terminates within the The 2006 Project includes a trail to the western portion of the site with an The project proposes walk ways throughout and around the site. Chapter 6: Economic Development Guiding and Implementing Policies 6-G-1: In partnership with business and community groups, proactively participate in the City's economic development. Analvsis: Terrabay has had a long (25 year plus) history that has been controversial. Beginning in 1999 through to the present, much ofthe controversy has been abated largely as a result of the following actions: . The Planning Commission and City Council designated the Preservation Parcel as permanent open space. . Myers Development Company, City leaders and City staff worked with community groups to address the restoration and preservation ofland and habitat. As a result of this effort, the results ofthe restoration are being used as examples of success by U.S. Fish and Wildlife, San Mateo County and Thomas Reid and Associates. San Bruno Mountain Watch, in a comment letter on the 2005 SEIR also lauded the restoration of the Preservation Parcel. 6 . Myers and the City, in particular the City Council and Planning Commission sub committee worked to develop a land plan that in the words of one sub committee member, "makes economic and land use sense". . The Terrabay Project as a whole has constructed housing, water facilities, linear parks, a sound wall, storm drain and sanitary server infrastructure, landscaping, a recreation center, a fire station, outdoor recreation improvements to the Hillside School, public and private roadways and restored and dedicated open space. The 2006 Project proposes an office and retail land use that will bring tax revenues to the City, provide for police and fire personnel and equipment as identified in the 1998/99 SEIR and will pay for its own infrastructure. Chapter 7 Open Space and Conservation Guiding and Implementing Policies 7-I-G-l: Protect special status species and supporting habitats within South San Francisco including species that are state or federally listed as Endangered, Threatened or Rare. The driving factor in clustering the 2006 Project for Phase III on the 18-acre parcel known as the "Development Parcel" (formerly the Office Parcel) is the protection of 26 acres (the Preservation Parcel) for species habitat preservation. Terrabay Phase ill was approximately 47 acres in area prior to the designation of the Preservation Parcel as open space and the Buffer Parcel as a buffer zone. The Preservation Parcel contains over 1,000 Viola Pendunculata which is the food plant for the endangered Callippee silverspot butterfly. The Preservation Parcel also preserves the archaeological site and wetlands in perpetuity. 7-I-G-l: Protect and where reasonable and feasible special status species and supporting habitats within South San Francisco including salt marshes and wetlands. The 2006 Project includes wetlands restoration on the Preservation Parcel. Phase ill Terrabay affects less than 1/l0th of an acre of seasonal streams and has an approved U.S. Army Corp of Engineers Wetland Restoration Plan. The City is mitigating the 0.83 acre take of wetlands for the hook ramp project on the Preservation Parcel The Terrabay Project as an entirety has dedicated a 26 acre preserve and has restored or provided funding for restoration and offered for dedication over 400 acres of land for inclusion in San Bruno Mountain State and County Park and to the City of South San Francisco. Additionallya recreation was constructed in Phase I. Phase I, II and III and include passive recreation opportunities.. The project has installed a water system and holding tank in Phase I, privately maintained streets in Phases I and II and proposes the same in Phase ill. Storm drain and sanitary sewer improvements were constructed by the developer in Phase I and II and maintained by the homeowner's associations of Phases I and II, and the same with the addition of a commercial property owners association is proposed 7 for Phase III. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco does hereby: A. Recommend approval of the 2006 Terrabay Modified Precise Plan as approved by Council and as conditioned attached hereto in Exhibit A. B. Recommend approval of the Terrabay 2006 Amendment to the Final Terrabay Specific Plan for the Phase III site only with the recommendation that City Council direct staff to incorporate the text and exhibit changes into the Final Terrabay Specific as shown in general form in Exhibit B. C. Recommend adoption of the amendments to the Terrabay Specific Plan District Zoning Ordinance, attached hereto as Exhibit C. D. Recommend approval of the Draft Transportation Demand Management Plan, attached hereto in Exhibit D. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the day of 2006, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Attest: Susy Kalkin Acting Secretary to the Planning Commission 8 CONDITIONS OF APPROVAL MANDALA Y TERRACE TERRABA Y DEVELOPMENT - PHASE III COMMERCIAL OFFICE TOWERS, AIRPORT BOULEVARD) P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 (As recommended by City Staff on September 7, 2006) General Conditions 1. The following conditions shall be Precise Plan for Terrabay Phase III. Should in the determination of the Chief Planner, implementation, or incorporation of any conditions require substantial revision to the design of the project, the project shall be referred back to the Planning Commission and City Council for review and action. 2. The applicant shall comply with the City of South San Francisco's Standard Conditions and Limitations for Commercial, Industrial, and Multi-Family Residential Projects and with all the requirements of the affected City Divisions and Departments as contained in the attached conditions. 3. Cost Recovery: The Applicant shall provide the City with a $75,000 cash deposit within 48 hours of City Council approval of the 2006 Project for on-going cost recovery. Prior to issuance of any grading permits, the City and the Applicant shall enter into a formal cost recovery agreement for City services. The "Development Account" and the agreement shall be maintained from the date of City Council approval and at all times until project construction is finalized and all the requirements of the Mitigation Monitoring and Reporting Program and Conditions of Project Approval are satisfied. Services to be billed shall include but are not limited to work efforts required in order to implement and monitor the Mitigation Monitoring and Reporting Program, Conditions of Project Approval, perform plan checks, site visits and field condition and final inspections, and any supplemental architectural, landscaping or traffic consulting services. All costs associated with the City's geotechnical and civil engineering consulting services to review the development improvement plans, technical reports, specifications, plan revisions and related documents shall be billed to the account. All legal and support costs applicable to the 2006 Project shall be billed to the account. Any and all costs associated with finalizing the TDM Program, audits of the TDM Program shall be billed to the Development Account. A. Planning Division Conditions shall be as follows: 1. The applicant shall comply with the mitigation measures identified in the Mitigation and Monitoring and Reporting Program from the 2005 SEIR and Addendum, 1998/99 SEIR and Addendum, 1996 SEIR and the 1982 EIR adopted by City Council as a part of the Precise Plan action. 2. Prior to issuance of building permits, the applicant shall submit to the City final plans which substantially comply with the site and precise plans date stamped September I, 2006 except as modified herein, as approved by City Council. 3. Parking requirements, maximum building heights and required building set backs shall comply with the standards set forth in Chapter 20.63 (Terrabay Specific Plan District Zoning) of the Municipal Code adopted by City Council as a part of the Precise Plan entitlement action. Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 2 of 26 4. Project sponsor shall (1) submit FAA Form 7460-1, "Notice of Proposed Construction or Alteration" to the FAA Western-Pacific Regional Office in Los Angeles, for an FAA airspace evaluation, and (2) incorporate the findings of the FAA airspace evaluation into the final plans for the project, if applicable. 5. Retaining walls in common areas shall be maintained in good condition and kept free of graffiti and damage. The property owners association and/or management group shall be responsible for keeping the retaining walls in common areas and the sound wall/fence in good condition and kept free of graffiti and damage. 6. Covenants, Conditions and Restrictions (CC&R's) for the Phase III 2006 Project shall be required and shall be reviewed and approved by the Chief Planner and City Attorney prior to issuance of building permits for the project. The CC&R's shall address owner and occupant obligations such as the requirements of the Transportation Demand Management Program and all remaining obligations such as, but not limited to the use and access of the performing arts center and road, building, debris basin and building maintenance. The CC&R's will also contain a requirement of the association to notify and update the City on the prime contact for the association. 7. The surface treatment of the retaining walls shall be reviewed and approved by the Chief Planner prior to issuance of any building permits. The Chief Planner may require additional landscaping and surface treatment of the walls to insure that the walls are screened adequately and are compatible with the architecture of the buildings and transition appropriately to San Bruno Mountain and the native landscape. This review is in addition to any structural review required by the Department of Public Works and/or Engineering Division. 8. A licensed archaeologist and a geologist shall be on site during the rough grading of the Buffer and Office Parcels. Should Native American remains or artifacts be discovered all grading and site activity shall cease in the affected area. The Native American Heritage Commission (Commission) shall be contacted and an appropriate plan (Plan), agreeable to the City, the Commission and the Developer shall be implemented. Said Plan shall address the treatment and disposition of any artifacts and/or remains. 9. The remediation and clean-up program ("Exotics Control and Management Plan for the Recreation, Office, Buffer, Residential and Remainder Lands Parcels Phase III Terrabay Parcels ", West Coast Wildlands December 2001) approved by the City to control the presence and spread of exotic plant material on and from the Terrabay lands shall be implemented and completed to the performance objectives stated in the Plan. 10. The Applicant shall remediate, repair and stabilize the historic slide area on the Phase III site in accordance with URS engineering recommendations and as modified and approved by the City Engineer. The majority of the slide area is off the Phase III site; however, the entire slide area shall be mitigated. The mitigation and repair shall occur prior to conveyance of the remainder lands to the County. The property owner/ management association shall monitor and maintain the repairs as stipulated by the Engineering Division. The procedure for monitoring and maintaining the mitigations shall be incorporated into the covenants running with the project 2 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 3 of 26 which shall be reviewed and approved by the Chief Planner, City Engineer and City Attorney prior to issuance of any grading permits for any phase of the 2006 Project.. 11. Habitat Conservation Plan (HCP) management fees shall be remitted to the HCP Plan Administrator in accordance with the HCP for San Bruno Mountain. 12. No grading or building permits shall be issued until the project applicant has satisfied the requirements of the Habitat Conservation Plan (HCP). No grading permit shall be issued until a grading plan and permit application is reviewed by the HCP Administrator and the Plan is found to be in conformance with the grading regulations contained in the "Agreement with Respect to San Bruno Mountain Habitat Conservation Plan" and as indicated in Figure 2-04 South Slope Project Grading Phases. No grading permit shall be issued by the City until the applicant provides the written documentation to the Chief Planner that all other County, state and federal regulations pertaining to wetlands and endangered or threatened species have been satisfied. Notice of satisfaction of U.S. Fish and Wildlife Service, U.S. Army Corp of Engineers, California Department of Fish and Game and Regional Water Quality Control Board subject to their authority under Section 404 of the Clean Water Act, Section 1603 of the California Fish and Game Code and the Endangered Species Act must be provided. A site meeting and HCP Permit shall be issued by the Plan Administrator prior to any grading or construction on the 2006 Project site. 13. All the requirements of the Transportation Demand Management Program (TDM Program) contained in the Final Terrabay Specific Plan and shown in Exhibit D of the resolution of approval shall be implemented into the project. Annual monitoring shall occur and updates (as needed) of the TDM Program shall occur in order to assure that the performance objectives are met. The 2006 Project, as noted in the TDM Program, shall incorporate shuttle bus service into the Project. The shuttle bus service can either be a stand alone serving the project, connect with the Alliance shuttle bus service serving the East of 101 areas, or another similar shuttle service such as the one serving the Peninsula Mandalay Tower. The Applicant shall cooperate with the City in the development and implementation of a regional shuttle service if such service is considered by the City. 14. All proposed signage for the project shall be reviewed and approved by the Chief Planner. 15. Any modifications to the plans required by either the Planning Commission and/or City Council during the public hearing process shall be reviewed and approved by the Chief Planner prior to issuance of building permits 16. An "operating agreement" between the City and the Developer and his successors and assigns for the use of the Performing Arts Facility shall be executed prior to issuance of any building or grading permits for any phase of the 2006 Project. The operating agreement at a minimum shall stipulate that the facility is for use of the City, civic groups and performing arts groups free of charge. Square footages of uses such as stage, seating and storage shall be stipulated in the agreement. The hours and days the facility shall be available to the aforementioned groups shall also be stipulated in the agreement. 3 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000 1 & ZA06-000 1 Page 4 of 26 17. A minimum of eight dedicated theatre lights and a dedicated theatre control booth as well as a theatre sound system shall be provided in the performing arts facility for exclusive use of the performing arts and civic groups as stipulated in the operating agreement. The performing arts facility shall be developed in consideration of acoustical performance. The seating shall be fixed seating and angled (as in stadium seating) to facilitate view ofthe stage. 18. A final landscape plan including revegetation and restoration of the Point of San Bruno Mountain shall be approved by the Chief Planner and City Engineer prior to issuance of any grading or building permits for any grading or construction on the Phase III site related to the office towers, garage or commercial development. Any emergency grading or grading associated with geotechnical repair is exempt from this requirement. 19. No take of the Viola is anticipated nor shall any take occur. 20. The Applicant shall have completed construction of the 32 off-site moderate income housing units prior to a certificate of occupancy being issued for any phase of the Phase III 2006 Project. As an alternative, the Applicant shall provide a performance bond in favor of the City for construction costs to ensure completion of the 32 units within one year of occupancy of any Phase III building. A "Housing Agreement" required by City Ordinance shall be executed between the Developer and the City prior to issuance of any grading or building permits for the 2006 Project (Phase III). 21. The applicant shall submit evidence sufficient to the Chief Planner and Building Official that the space as designed or expanded is adequate to meet state licensing requirements for the Child Care Center. Space shall be designed to accommodate a minimum of 100 children. The evidence may require a letter from the state. A construction phasing plan that mitigates any impacts to the child care center is required as part of the condition identified below. The tenant improvements for the Child Care facility shall be included in the first phase building permit drawings and shall be in compliance with state licensing requirements to ensure a "turn-key" facility. 22. The 2006 Project shall be an essentially "complete project" should the project be constructed in two phases. Therefore, notwithstanding which office tower may be constructed first, the day care, performing arts, landscaping, Point of San Bruno Mountain land replanting and public art program shall be in place at the time a certificate of occupancy is issued for the first phase of construction. The remaining yet-to-be developed portion of the project shall be landscaped, include outdoor seating areas and outdoor art, such as sculpture. A plan that represents a "complete project" shall be submitted along with the building permits for the first phase of construction should the project be phased. The Plan shall be reviewed and approved by the Chief Planner and shall include at a minimum the requirements of this condition. A plan that mitigates any impacts to the outdoor area for the day care center shall also be included as a part of this plan. Planning Division contact: Allison Knapp (650) 829-6633) 4 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 5 of 26 A. Engineering Division requirements shall be as follows: I. UTILITIES A. Electrical and Gas Facilities 1. All new and existing electrical power and gas mains, services, facilities and appurtenances shall be installed underground within the limits of the entire Terrabay development (except for the existing P.G.& E. Tower Line facilities that provide electricity to San Francisco). 2. All utilities for power and gas shall be located within appropriate easements, dedicated to the Pacific Gas and Electric Company, or their designated successor in interest and shall conform to their requirements. B. Water Facilities 1. All water mains, services and appurtenances shall be installed underground and designed and installed to the standards and requirements of the California Water Service Company and the South San Francisco Fire Chief. They shall be located within appropriate easements, acceptable to the California Water Service Company and shall conform to their requirements. 2. The Developer shall install City standard fire hydrants at locations, and flowing sufficient water, as specified by the South San Francisco Fire Chief. The design of the water system shall be supported by appropriate calculations. 3. The design, phasing and construction staging of the water system shall be subject to the review and approval of the Fire Chief and the City Engineer. The new water system shall, where feasible, be interconnected to the existing California Water Service Company facilities to provide a continuous loop. C. Communication Facilities 1. All telephone, communication and cable TV lines, services, facilities and appurtenances shall be installed underground within the limits of the Terrabay Development. 2. All communication and cable TV facilities shall be located within appropriate easements dedicated to AT&T, RCN, Comcast, or other City franchised utilities and shall conform to their requirements. 5 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 6 of 26 II. STORM DRAINAGE IMPROVEMENTS A. Private (and public where accepted by the City) improvements intended to accommodate and convey storm water runoff from the Terrabay project and its drainage basin on San Bruno Mountain shall be designed by the applicant's civil engineering consultant, in accordance with City standards and the requirements of the Terrabay Specific Plan Ordinance, the State Department of Transportation and the County of San Mateo (as appropriate). Surface storm drains, excluding the trunk system carrying runoff from the San Bruno Mountain catchment basins, shall be designed to accommodate at least a 25-year storm without surcharging the pipes. At low points, where overflow would result in property damage, the drainage facilities shall be designed to accommodate a 100-year design storm. Inlets shall be placed and located so as to relieve private streets of all storm water generated by a 10-year design storm. The maximum width of gutter flow within the streets shall not exceed 8' from the face of the curb. The storm drainage system improvements, appurtenances and construction details shall be submitted to the City Engineer for review and approval. Storm drain pipes shall be designed to achieve a velocity of 3 fps when flowing half full under gravity flow conditions. All drainage facilities shall be constructed in accordance with City standards and the requirements of the City Engineer. The overflow system at the inlet structure shall be designed to handle runoff from storms in excess of the hundred year return period, utilizing the private street system and hydraulically designed overflow drainage facilities, as may be necessary to protect structures from potential damage from storm runoff and from the approved design storm. The storm system shall intercept all runoff from the improved portions of the site and transport it via the public storm drain system to the San Francisco Bay. B. The City will not accept any drainage facilities for ownership or maintenance within the Phase III project, except storm drainage facilities, if any, which accept flow from catchment basin(s) owned and maintained by a public entity. Only storm drainage improvements located within a public street, or a dedicated storm drainage easement, accepted by the City Council, shall be owned and maintained by the City. The minimum pipe size within the public right-of-way or City easements shall be 12" diameter. Where flow velocity within the pipe is anticipated to exceed II fps, when flowing half full under gravity flow conditions, at least two inches of cover over the reinforcing steel in the concrete pipes shall be specified, unless a lesser standard is approved in writing by the City Engineer. C. Unless specifically approved by the City Engineer, all storm drain pipes within public or private streets, or public drainage easements, shall be manufactured of reinforced 6 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 7 of 26 concrete with water tight, neoprene, gasketed joints. Corrugated plastic or metal pipes shall only be used for temporary winterization improvements and their associated downdrains. All storm drain manholes shall be spaced at intervals not exceeding 300 feet. D. Storm drains installed within earth slopes with a ratio of 2: I or greater, shall be provided with pressure treated wooden, concrete, or metal check dams installed at 20 foot intervals, of a design approved by the City Engineer. E. Storm drain laterals shall be connected to the main at a manhole, catch basin, junction box or other accessible structure. No "blind" connections are permitted to storm drains. Laterals shall be connected so that their inverts are no higher than the top of the main. F. Two copies of the storm drainage and catchment basin calculations and drainage basin key map, justifying the design of the storm drain trunk system improvements (conforming to the approved construction plans), shall be submitted to the City Engineer for review and approval and for City records. G. Adequate maintenance access to all storm drainage facilities, meeting the approval of the City Engineer, shall be provided by the developer. Drainage facilities maintained by the homeowners association or property owner (and all public storm drainage facilities, if any) shall be located so as to facilitate and accommodate equipment access to man holes or turning structures at each end of the main and shall provide for safe personnel access to intermediate inlets, structures and other facilities that may need to be periodically maintained. H. Catch basins up to 4' deep shall be a minimum of 24" square. Inlets over 4' deep shall have a minimum inside dimension of 36" square. All grates shall have a "bicycle proof' waffle pattern. Access structures shall not be placed more than 300 feet apart for conduits smaller than 48" in diameter or 400 feet apart on conduits larger than 48" in diameter. I. Reinforced concrete lining, a minimum of 4" in thickness, shall be required for all drainage channels, other than pre-existing natural drainage swales. All lined channels shall include a cut-off-wall at the beginning and termination of the lining, unless it is contiguous with a lined channel. The cut-off-wall shall not be less than two and one- half (2.5) feet below the invert of the line channel, and shall extend to a minimum of two and one-half (2.5) feet outside of the side walls to the top of the lining. The freeboard of any lined channel shall not be less than 0.5 feet. The depth and width of lined channels shall be supported by engineering calculations, submitted for the review and approval of the City Engineer. 1. All projects within the Phase III development shall be provided with a storm drainage system incorporating approved Best Management Practices and/or approved pollution control filters of a type that are centrally located, accessible and require cleaning and maintenance no more than once a year. The design and location of these filters shall be 7 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 8 of 26 submitted for the review and approval of the City Engineer and the City's Environmental Compliance Coordinator. III. SANITARY SEWERS A. All sanitary sewers shall be designed to function during peak wet weather flows without surcharging the sewer pipes. The design of both the on and off-site sewer systems shall conform to the requirements of the Municipal Code and shall be supported by appropriate pipe capacity calculations prepared by the applicant's civil engineer and submitted to the City Engineer for review and approval. Calculated pipe flows shall exceed 3 feet per second. B. In accordance with the Terrabay Specific Plan requirements: Sanitary sewer trunk lines shall, wherever possible, be located within parking lots, paved walks, or streets. Where sanitary sewers are located parallel or longitudinal to slopes, they shall be installed under a minimum 10 foot wide bench, service road, path or similar facility of the width and structural section acceptable to the City Engineer, as required to accommodate the type of vehicles and equipment needed to access these utilities. The sanitary sewer main, which serves only the Phase III commercial development, shall be installed within the commercial site as a private sewer line. It shall be installed by the developers at their cost and shall be maintained by the future owners of the commercial parcel and their successors-in- interest. C. All public sanitary sewers shall be constructed of vitrified clay, plastic, ductile iron or cast iron pipe with water tight joints conforming to City standards. Private sewer mains shall be constructed of materials approved by the Plumbing Code, as adopted by the City. All joints shall be watertight. Sewer lateral clean outs shall be installed at property lines and at other locations, as required by the Plumbing Code. D. Drop manholes shall not be installed, except where necessary due to unavoidable utility conflicts. Manholes shall be spaced a maximum of 300 feet apart. Manholes shall be provided at each change in direction, slope or pipe size. All dead end sewer mains shall terminate at a manhole structure. E. Adequate maintenance access to all sanitary sewer facilities, meeting the approval of the City Engineer, shall be provided by the developer. Sewer facilities maintained by the homeowner association shall be located so as to facilitate and accommodate equipment access to man holes at each end of the main and shall provide for safe personnel access to intermediate clean outs, structures and other facilities that may need to be periodically maintained or accessed. F. Only sanitary sewer improvements located within a public street, or a public sanitary sewer easement, shall be owned and maintained by the City. G. Sanitary sewers shall be designed and installed as required by the Uniform Plumbing Code, the South San Francisco Municipal Code and as approved by the City's civil engineering plan check consultant and the City's Building Division. 8 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 9 of 26 IV. TRAFFIC / TRANSPORTATION A. In order to mitigate the traffic impacts of the project, the Developer shall, at his expense and at no cost to the City, lengthen the eastbound Sister Cities' (at Airport Boulevard) left hand turn lane from 55 feet up to 325 feet, per "Analysis of Terrabay Phase 3 Revised Plan (June 2006) in Relation to Currently Proposed DSEIR Project) prepared by Crane Transportation Group dated July 31, 2006. The lane modification may require the Developer to dedicate additional public street right-of-way as may be necessary to construct the improvements. All right-of-way dedications shall be made without cost to the City and the easement document shall be approved by the City Attorney. B. The Developer shall mitigate the traffic impacts at the Airport Boulevard/Project Access intersection to reduce the impact of queuing in the northbound left turn lane. C. The City shall independently monitor traffic flow through the first intersection internal to the site after full project completion and occupancy. The Developer shall fund the monitoring program. If driver confusion is observed, signalization shall be provided at this location, with timing coordinated to the signal at the project access intersection with Airport Boulevard. D. The Developer, at his expense, shall interconnect and time the Airport BoulevardlUS 101 Hookramp, Airport Boulevard/Project Access and Airport Boulevard/Sister Cities Boulevard traffic signals. The Developer shall contact all agencies and receive all appropriate permits to perform the work. V. PLANS, SPECIFICATIONS AND IMPROVEMENTS A. The developer shall submit to the City Engineer, for review and approval, complete improvement plans and specifications designed by a civil engineer registered in the State of California for all of the Terrabay project improvement work. The applicant's civil engineer shall sign, date and stamp each improvement, grading and construction plan prior to its approval by the City Engineer. All traffic, channelization, detour and signal plans shall also be designed, signed, dated and stamped by a traffic engineer, registered in the State of California. The design of roadway improvements shall be supported by soils test results, including R-values, lighting intensity analyses and drainage calculations. The City Standard Plans used for the subject project shall be those plans and specifications shown in the "Standards for Public Improvements" booklet, dated August 2005, and all approved revisions. B. Staging of improvements and utilities (placing portions of the improvements in service prior to the completion of the entire infrastructure) shall be approved by the City Engineer and other City staff, as appropriate. 9 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-0001 Page 10 of26 C. The developer shall furnish the City Engineer with two copies of all final documents, studies, reports, analysis, calculations and related material used by the developer's consultants to design the project infrastructure. D. At the time of requesting an occupancy permit for structures within each phase of the project, the developer shall submit a set of "as-built" plans of all public and private utility and improvement plans to the City Engineer. The "as-built" plans shall be the original tracings or permanent "Mylar" transparencies of a quality acceptable to the City Engineer and two paper copies of the plans. VI. PRIV A TE PROPERTY AND COMMON AREA IMPROVEMENTS A. Surfaced areas within private property and any common areas, shall be designed for structures adequately based on soil tests for R-Values. The minimum traffic index shall be 6.0. Emergency vehicle access, dead-end turn-a-round areas, fire lanes, fire mains and hydrants shall meet the approval of the Fire Marshal. The proposed interior driveway configurations shall be designed to accommodate the Fire Department's maneuvering and turn-around requirements for their fire fighting equipment. Street intersection radii design shall be justified by turning movement analysis. B. Private roadway grades shall not exceed 12%. The City Engineer may approve a maximum street grade of 15% for service roads that do not need to accommodate emergency fire equipment and trucks. Storm water runoff shall not be discharged in a concentrated flow across, or over, street curbs and pavements, or pedestrian walks. Sidewalks, a minimum of 4 feet in width, clear, shall be provided on at least one side of each street, connecting the new sidewalk with the existing sidewalk located in the vicinity of Airport Boulevard and Sister Cities Boulevard. C. Lighting shall conform to Police Department requirements and light standards and equipment shall be selected for both performance and durability, to the satisfaction of the City Engineer, the Planning Division and the Police Department. D. Reflectorized barricades shall be provided at the end of stub streets. E. Each building structure shall be connected to a private sanitary sewer system discharging into the public sewer system. F. Traffic control signs shall be installed by the Developer in conformance with the approved plans. All streets shall be posted "No Parking at Any Time" (except in designated parking areas). Stop signs and crosswalks shall be installed at each street intersection where required for traffic and pedestrian safety. Intersection curb returns shall have a minimum radius of 30'. Adjacent property lines shall be concentric with the corresponding curb return. G. All roof leaders shall discharge directly into an approved drainage facility, or an underground rigid pipe, connected to the site's drainage system. The site drainage 10 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 11 of26 design shall be designed by the applicant's civil engmeer and approved by the applicant's soils engineer and the City Engineer H. All storm drainage runoff shall be discharged into a pipe system or concrete gutter. Runoff shall not be surface drained into adjacent public or private property or streets. Area drains shall be provided with clean outs, inlets, manholes or other structures, as required to provide access for maintenance to all portions of the drainage system. I. Storm drains, surfaced areas, planted areas, sprinkler systems and their controls, area lighting, water lines and utility lines and facilities shall be shown on the project site improvement plans and submitted to the City for review and approval. J. All common and private property areas shall be landscaped and irrigated in accordance with plans approved by the City's Planning Division, or the City's Park and Recreation Department, as appropriate. K. The individual property owner, a property owners association, or similar entity, shall maintain all on-site improvements. Utility easements shall be dedicated and accepted by the utility company requiring said easements to maintain its facilities. L. Building and garage floors shall be protected from flooding caused by a 100-year design storm. M. All retaining walls shall be designed for the specific location where the wall is intended to be used. All retaining walls supporting private property shall be constructed on private property and not on City lands or rights-of-way. The project soils engineer shall approve wall locations and design parameters. The applicant shall submit structural computations for every retaining wall and for lined ditches (channels) with side slopes steeper than 1-1/2:1. The applicant shall apply to the Building Division for a building permit for each wall to be constructed. N. Prior to receiving a Certificate of Occupancy for each individual structure within the Terrabay project from the Building Division, the developer shall require his civil engineer to inspect the finish grading surrounding each building and certify, in writing, that it conforms to the approved site plans, that there is positive drainage away from the exterior of each building and that all drainage facilities within the site have been installed, in accordance with their approved improvement plans. The developer shall make any modifications to the grading or drainage facilities required by the project civil engineer to conform to intent of his plans. All approved field revisions to the approved site plans shall be shown on a record drawing prepared by the applicant's design consultant and submitted to the Engineering Division for the City's records. O. At the time of making a request for occupancy of each phase of the development, the applicant shall submit to the City Engineer the project grading, drainage, improvement, irrigation and utility plans marked "record drawing" by the developer's civil engineer. The "record drawing" plans shall be permanent plastic film transparencies of a quality acceptable to the City Engineer. 11 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 12 of26 P. Building permits for habitable structures downstream of natural drainage channels shall not be issued until the catchment/debris basin above the site requiring permits, has been constructed and is functional, to the satisfaction of the City Engineer. Q. The developer shall landscape and irrigate the slope between the project improvements and along Airport Boulevard, between Sister Cities Boulevard and north toward the City limits, to the north property line of their property, in accordance with plans approved by the City Engineer, Chief Planner and the Director of Parks, Recreation and Community Services. These slopes shall be maintained by the adjacent property owner, property owner's association, or other appropriate entity, unless formally accepted for maintenance by the City Council. R. Catchment (or Debris) basins, protecting the private, improved, property within the Phase III development, shall be designed and constructed in accordance with the Terrabay Specific Plan Ordinance, the Terrabay Environmental Impact Report and the Joint Powers Authority (for the Maintenance of Catchment Basins on San Bruno Mountain) standards. VII. DEDICATIONS A. Airport Boulevard, within the boundary of the subject tentative map shall be dedicated by the Subdivider to the City of South San Francisco for public street and utility purposes, at no cost to the City. In accordance with the right-of-way and easement agreement between the subdivider and the City, as approved by the City Council on October 11, 2000 and any approved amendments. The extent of this dedication shall be determined by the City Engineer based upon the needs of the City of South San Francisco to accommodate vehicle, bike and pedestrian traffic along Airport Boulevard. VIII. GRADING A. Soils, Geologic and Geotechnical Reports The subdivider shall submit three copies of all final project soils, geologic and geotechnical reports and addenda prepared for the Terrabay Development, to be filed in the City's permanent records. These reports shall address all deviations from the latest, adopted, Uniform Building Code and the South San Francisco Municipal Code. At the Developer's expense, the final reports shall be subject to the review and approval of the City's geotechnical consultants. The URS Geotechnical Reports submitted for the subject site indicate that additional information needs to be gathered and analyzed within the Phase III area. This information must be submitted to the City's geotechnical consultants to be reviewed and approved. These additional reports and the subsequent review may result in the imposition of additional soils, geological or geotechnical studies or requirements for the project. 12 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 13 of26 B. Grading Permit A grading permit for new grading within the boundaries of the TerraBay Phase III site shall not be issued by the City Engineer until after the City Council has approved the Phase III Precise Plan for the subject project and the Developer has submitted a cash security deposit, as provided for by Section 19.44.110 of the Municipal Code, and pursuant to General Condition 3 of this document to guarantee the prompt payment of the City's inspection, construction monitoring, plan checking and administrative costs. C. Grading Plans 1. The developer's project Geotechnical Consultant shall either sign the project grading plans or submit a signed and stamped letter stating that they have reviewed the rough grading or final grading (as appropriate) plans and that they conform to the intent of their recommendations and are acceptable to be used for the grading of the site. 2. The reshaping/restoration of the "Point" above the proposed parking garage shall be completed along with the grading/restoration above the Residential Parcel. This will allow an integrated drainage divide, physically identify areas of maintenance responsibility and provide a head-start for the restoration of the existing scared slope on the Point. 3. Benches, walls and/or lined ditches shall be designed in to the lower portion of the major slopes to trap siltation and/or raveling of earth materials from the slope areas. These devices shall be placed along the sidewalks, roads and at the rear of the residential lots, that abut the base of the existing and new slopes. D. Grading Operations 1. The grading operations shall be accomplished in accordance with the terms of a grading permit, the requirements of the project soils reports, the approved plans and specifications and the direction of the project soils engineer in the field. The grading permit will not be approved until the applicant has obtained building permits, from the City's Building Division, for all retaining walls needed to complete the approved grading plans. 2. The entire project site shall be adequately sprinkled to prevent dust, covered with tarps, or equally effective dust palliative, to prevent dust from being blown into the air and carried into the adjacent developed areas of South San Francisco. Dust control shall be for seven days a week and 24 hours a day until the property is fully developed. 3. Haul roads within the City of South San Francisco shall be cleaned daily as required by the City Engineer, of all dirt and debris spilled or tracked onto City streets. 13 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-000l Page 14 of26 4. The developer shall provide the City Engineer with a clear written statement that he understands the potential for increased costs and delays during the grading operations, due to potential geotechnical conditions identified in the project soils and geotechnical reports, and has made provisions for these potential costs and delays in his project budgeting and scheduling. 5. The developer shall provide a commitment to take maximum geotechnical care and attention in the field performance of the grading and that he will correct any geotechnical problems which develop during construction at his expense. Particular attention shall be given to compaction adjacent to utility structures, manholes, storm drain inlets, maintenance access areas, concrete gutters, etc. 6. An adequate performance bond to cover the dust and erosion impacts of grading operations, in a form satisfactory to the City Attorney and of an amount specified by the City Engineer, shall be provided to the City by the developer, prior to receiving a grading permit. 7. The Developer shall prepare, and submit to the City Engineer for review and approval, a construction grading schedule with specific dates for completion of grading milestones by which the progress of the work can be evaluated. 8. The developer shall have his civil engineer design and submit, for review and approval by the City staff and consultants, a Site Winterization Plan, Best Management Practices Plan and Storm Water Pollution Prevention Plan for the grading work and other construction activities, prior to receiving a grading permit for any phase of the project. The approved winterization plan shall be placed in effect and maintained to the satisfaction of the City's Environmental Compliance Coordinator, between October 15 and April 15 of each year that the finish grading and improvement work remains incomplete. 9. All work activities shall be limited to the hours of 7 AM and 6 PM, Monday through Friday (and excluding all City recognized holidays), unless other hours and days are specifically approved in writing by the City Engineer. C. INSPECTION 1. The Developer shall provide continuous on-site grading inspection services by his geotechnical consultant. At a minimum, inspection services shall be provided at a level that will permit the consultant to state that all grading work was performed in accordance with the requirements of the project soils and geotechnical reports and in accordance with their recommendations. 2. The City shall provide construction compliance monitoring of the grading inspection services provided by the developer's consultants. The compliance monitoring requirements are set forth in another section of these recommendations. Funding for this service shall be provided by the developer. 14 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-000l Page 15 of26 D. MAINTENANCE OF UNIMPROVED GRADED AREAS 1. The Developer shall provide 24 hours a day, 7 days a week maintenance of all graded, or otherwise disturbed areas, until these areas are fully developed. The maintenance work shall include the control of dust and erosion, the repair and cleaning of drainage and silt retention facilities, the irrigation of erosion control plantings, and the repair of slope failures, slumps and potentially hazardous conditions. 2. A regular maintenance program for unimproved graded areas shall be submitted to the City Engineer for review and approval. The maintenance program shall be implemented by the developer's contractor to the satisfaction of the City Engineer. E. MAINTENANCE OF IMPROVED SLOPE AREAS 1. The Developer, their successor's in interest, and the future owners of both any common areas and the improved development, shall be responsible for the repair and maintenance of all slope areas within their properties. The developer shall prepare a written maintenance plan, with specifications, schedules and illustrative exhibits for the maintenance and repair of slope areas, drainage facilities, benches, gutters and subdrains for the review and approval of the City Engineer. 2. The developer and future property owners shall be required to maintain their property in accordance with the approved maintenance plan. This requirement shall be incorporated into the Terrabay Phase III D.C.C. & R.'s. F. LOT PAD AND GRADING APPROVALS 1. Prior to receiving a Building Permit for any building or structure within the Terrabay Phase III Development, the project soils engineer shall verify in writing that the grading and earthwork within the building pad area is complete and in conformance with the approved soils report and his recommendations. The soils engineer's compaction and civil engineer's elevation, lot pad certifications, shall be submitted to the City Engineer and the City's geotechnical consultant for review and approval. 2. Each grading plan shall be signed and stamped by the project geotechnical consultant, prior to its approval by the City Engineer, in connection with the issuance of a grading permit. IX. CONSTRUCTION MONITORING AND QUALITY CONTROL PROGRAM A. In order to provide assurance to the City that the grading, drainage, improvements, landscaping and site construction work within the property on San Bruno Mountain have been properly constructed in accordance with the approved plans, specifications, 15 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-000l Page 16 of26 project requirements and conditions of approval, the applicant shall develop a quality control program to inspect the work. The quality control program shall be submitted to the City Engineer for review and approval. The Developer's consultants shall inspect the project work and supply daily written documentation of all inspections and testing performed by the consultants to verify compliance with the approved plans. The consultants shall coordinate their activities with the City's representatives, the developer's contractors, and subcontractors, public utilities and the Habitat Plan Operator. The quality control program shall be funded entirely by the project sponsor. B. The City shall retain a contract employee and one or more assistants (if needed) to represent the City Engineer during the construction of the Terrabay Phase III development. This employee(s) shall inspect the public improvement construction work, as well as monitor the activities of the developer's quality assurance program, respond to citizen inquires, attend construction field meetings, organize, review and file project related correspondence, logs, test results and similar documents, coordinate with public utilities and perform other services for the City Engineer in connection with the development of the Terrabay Phase III projects. The City's representative(s) will be assisted by geotechnical and civil engineering consultants as necessary to perform the inspection and monitoring services. The project sponsor shall fund the City's costs for the City's inspection/monitoring program. The developer shall also provide a desk, telephone and access to a copy and fax machine in the contractor's field office to be used by the City staff while at the job site and either provide a vehicle for the inspector, or reimburse the inspector (or City) for the cost of a leased vehicle for the inspector's use. C. The Developer shall prepare a detailed geotechnical quality assurance program to provide an independent review and confirmation of all geotechnical decisions and reviews during construction, including, but not limited to, the installation and interpretation of instrumentation, field trials of excavation and fill materials, drainage installations, application of slope stabilization techniques and construction monitoring. This quality control program must be acceptable to the City and the developer must commit to its implementation, prior to receiving a grading permit. The quality control program will be monitored by the City Engineer through his field representative(s) and contract consultants. In the course of construction, differences of opinion may occur between the developer and the City as to the interpretation of the approved plans and specifications, geotechnical solutions to unexpected field conditions, the acceptability of particular methods of construction, safety related improvements, and similar matters. In the event of a dispute between the construction and field monitoring personnel, the City Engineer will make every effort to resolve the differences to all parties satisfaction. However, the City Engineer shall make the final decision regarding disputes, which shall be binding on the developer, his contractors and consultants. 16 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-000l Page 17 of26 D. E. F. G. The Developer shall assign a project construction coordinator during both the design and construction phases of the project who will be the single point of contact with the City and its authorized agents. In the event that this person leaves, or is reassigned, these duties shall be assigned to a new person who shall continue to represent the developer and his engineers and contractors. The Developer shall demonstrate to the City's satisfaction that the potential for future slope maintenance and slope correction work has been fully considered, and that adequately funded procedures for the efficient maintenance of slopes and correction of failures after construction have been provided. The Developer shall install geotechnical instrumentation on the major cut slopes above the project. These instruments shall be monitored during grading and after grading, as required by the City's geotechnical consultant. Prior to performing any blasting within the site, the developer's blasting contractor shall obtain a blasting permit from the Fire Department and shall provide a minimum of 48 hours notice, in writing, to the City Engineer and all City departments and other government agencies that may be affected by the work, advising them of the date and time that such blasting will occur. H. Building permits for all retaining walls shall be obtained by the developer from the Building Division, prior to commencing foundation excavation and construction of the walls. XI. MITIGATION MEASURES AND OTHER AGENCIES A. The Terrabay developer shall comply with all applicable mitigation measures contained in the 2005 SEIR and the Mitigation Monitoring and Reporting Program.. B. The Terrabay developer(s) shall not commence work at the site until they have obtained all permits from any federal, state and county agencies required by law to perform the work needed to develop the subject projects. XII. TEMPORARY AND PERMANENT OCCUPANCY The Developer will likely request occupancy of one of the office towers before the remaining tower is complete. If this request is made, the following conditions shall apply: A. Prior to receiving permanent occupancy permits of one of the towers within the project, the developer shall submit for the City staffs review and approval a plan that will address, at a minimum, the following items: 1. All construction areas shall be completely fenced off from the portion of the site occupied by the new residents. All streets and sidewalks accessible to the public shall be clear of all trailers, equipment, materials, debris, and other obstructions, and cleaned to the satisfaction of the City Engineer. 17 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-000l Page 18 of26 2. All street lights within the portion of the subdivision accessible to the public shall be fully operational. 3. All traffic signs and pavement markings within the portion of the site accessible by the public shall be installed in accordance with the approved plans. 4. All site improvements within areas subject to public access shall be complete in accordance with the approved subdivision improvement, grading, drainage and utility plans. 5. Hours of construction activities shall be limited to the hours of 8 a.m. to 6 p.m., Monday through Friday (excluding holidays). (Engineering Division contact: Sam Bautista (650) 829-6652) B. Police Department requirements shall be as follows: A. Municipal Code Compliance The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. B. Landscaping Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. C. Building Security 1. Doors a. The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1600 lbs. of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike. b. Glass doors shall be secured with a deadbolt lock) with minimum throw of one 1 The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside door knob/lever/tumpiece. A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a tumpiece may be used in "Group B" occupancies as defined by the Uniform Building Code. When used, there must be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one inch 18 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 19 of26 (1) inch. The outside ring should be free moving and case hardened. c. Employee/pedestrian doors shall be of solid core wood or hollow sheet metal with a minimum thickness of 1-3/4 inches and shall be secured by a deadbolt lock) with minimum throw of one (1) inch. Locking hardware shall be installed so that both deadbolt and deadlocking latch can be retracted by a single action of the inside knob, handle, or turn piece. d. Overhead roll-up doors shall be so secured on the inside that the lock cannot be defeated from the outside and shall also be secured with a cylinder lock or padlock from the inside. e. Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of the door. f. Doors with glass panels and doors with glass panels adjacent to the doorframe shall be secured with burglary-resistant glazing2 or the equivalent, if double- cylinder deadbolt locks are not installed. g. Doors with panic bars will have vertical rod panic hardware with top and bottom latch bolts. No secondary locks should be installed on panic-equipped doors, and no exterior surface-mounted hardware should be used. A 2" wide and 6" long steel astragal shall be installed on the door exterior to protect the latch. No surface-mounted exterior hardware need be used on panic-equipped doors. h. All entrance and exit doors for individual tenant spaces shall have a deadbolt lock. 1. On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in this section. The inactive leaf shall be equipped with automatic flush extension bolts protected by hardened material with a minimum throw of three-fourths inch at head and foot and shall have no doorknob or surface-mounted hardware. Multiple point locks, cylinder activated from the active leaf and satisfying the requirements, may be used instead of flush bolts. j . Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum of one throw bolt at both the top and bottom rails. 2. Windows a. Louvered windows shall not be used as they pose a significant security problem. high on a contrasting background. The locking device must be of type that will be readily distinguishable as locked, and its use may be revoked by the Building Official for due cause. 25/16" security laminate, 1/4" polycarbonate, or approved security film treatment, minimum. 19 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-000l Page 20 of 26 b. Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glazing or its equivalent. Such windows that are capable of being opened shall be secured on the inside with a locking device capable of withstanding a force of two hundred- (200) Ibs. applied in any direction. c. Secondary locking devices are recommended on all accessible windows that open. 3. Roof Openings a. All glass skylights on the roof of any building shall be provided with: 1) Rated burglary-resistant glass or glass-like acrylic material.2 or: 2) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material spaced no more than five inches apart under the skylight and securely fastened. or: 3) A steel grill of at least 1/8" material or two inch mesh under skylight and securely fastened. b. All hatchway openings on the roof of any building shall be secured as follows: 1) If the hatchway is of wooden material, it shall be covered on the outside with at least 16 gauge sheet steel or its equivalent attached with screws. 2) The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the Fire Marshal. 3) Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges. c. All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building shall be secured by covering the same with either of the following: 1) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material, spaced no more than five inches apart and securely fastened. or: 2) A steel grill of at least 1/8" material or two inch mesh and securely fastened and 3) Ifthe barrier is on the outside, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. 20 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-000l Page 21 of26 4. Lighting a. Parking lots, (including parking lots with carports) driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with high intensity discharge lighting with sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of business darkness and provide a safe, secure environment for all persons, property, and vehicles on site. Such lighting shall be equipped with vandal-resistant covers. A lighting level of .50 to 1 foot-candles minimum, maintained at ground level is required. The lighting level for the parking garage shall be 5 foot candles in the drive areas and 10 foot candles in the stairway areas. b. All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. c. The premises, while closed for business after dark, must be sufficiently lighted by use of interior night-lights. d. Exterior door, perimeter, parking area, and canopy lights shall be controlled by photocell and shall be left on during hours of darkness or diminished lighting. e . Parking lot lights shall remain on anytime there are employees in the building. f. Prior to issuance of a building permit, the applicant shall submit a lighting plan to be reviewed and approved by the Police Department. Lighting plans shall include photometric and distribution data attesting to the required illumination level. 5. Numbering of Buildings a. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four to six inches in height and of a color contrasting with the background. b. In addition, any business, which affords vehicular access to the rear through any driveway, alleyway, or parking lot, shall also display the same numbers on the rear of the building. c. Posted at the main entrance to the building/complex shall be a monument sign (directory) showing the addresses and businesses within the complex. Said sign shall be illuminated during the hours of darkness and shall be protected by use of vandal-resistant covers or materials. 21 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-000l Page 22 of 26 d. Each different unit within the building shall have its particular address prominently displayed on its front and rear doors. (Rear door numbers only need to be one inch in height.) e. Fencing should be ofan open design (e.g. bars and columns), to aid in natural surveillance. 6. Alarms and other security measures a. The business shall be equipped with at least a central station silent intrusion alarm system. b. The business shall be equipped with a central station monitored silent robbery alarm. c. All individual businesses within the complex will belmay be required to have an alarm system before occupancy. The type of alarm is dependent upon the nature ofthe individual business. Tenants should be advised to make contact with Crime Prevention Bureau well in advance of requested business occupancy for further details. d. The Garage area will be protected by CCTV applications that will be monitored by the security officers. There will also be interactive speaker systems on each floor that will enable persons to call for assistance without having to dial a telephone. e. The Garage area shall incorporate an open design to maximize natural surveillance. The interior walls shall be painted white to maximize light reflection. The lighting level for the parking garage shall be 5 foot candles in the drive areas and 10 foot candles in the stairway areas. Mirrors or walls with reflective surfaces may be utilized to aid in 350 degree visibility for pedestrians in the garage. f. The Police Department recommends that there be 24-hour security provided for the entire commercial complex. During the normal business hours these guards will staff an entry desk that will monitor the entry of persons into the complex. This station will also monitor the CCTV applications in the garage and the emergency call stations. NOTE: To avoid delays in occupancy, alarm installation steps should be taken well in advance of the final inspection. 7. Traffic, Parking, and Site Plan a. All entrances to the parking area shall be posted with appropriate signs per 22658(a) CVC, to assist in removing vehicles at the property owner'slmanager's 22 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 23 of 26 request. b. Handicapped parking spaces shall be clearly marked and properly sign posted. NOTE: For additional details, contact the Traffic Bureau at 829-3934. 8. Misc. Security Measures a. Commercial establishments having one hundred dollars or more in cash on the premises after closing hours shall lock such money in an approved type money safe with a minimum rating of TL-lS. b. The perimeter of the site shall be fenced during construction, and security lighting and patrols shall be employed as necessary. c. The fence surrounding the storage yard should be topped with triple-strand barbed wire or razor ribbon. (Police Department contact: Sergeant E. Alan Normandy (650) 877-8927) C. Building Division requirements shall be as follows: 1. The Applicant shall comply with all applicable provisions ofthe Uniform Building Code. D. Water Quality Control Department requirements shall be as follows: 1. A plan showing the location of all storm drains and sanitary sewers must be submitted. 2. The on site catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 3. Storm water pollution preventions devices are to be installed. A combination of landscape based controls (e.g., vegetated swales, bioretention areas, planterltree boxes, and ponds) and manufactured controls (vault based separators, vault based media filters, and other removal devices) are required. Existing catch basins are to be retrofitted with catch basin inserts or equivalent. These devices must be shown on the plans prior to the issuance of a permit. If possible, incorporate the following: . vegetated/grass swale along perimeter . catch basin runoff directed to infiltration area . notched curb to direct runoff from parking area into swale . roof drainage directed to landscape . use of planter boxes instead of tree grates for stormwater treatment 23 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 24 of 26 Manufactured drain inserts alone are not acceptable they must be part of a treatment train. One of the following must be used in series with each manufactured unit: swales, detention basins, media (sand) filters, bioretention areas, or vegetated buffer strips. 4. Encourage the use of pervious pavement where possible. 5. The applicant must submit a signed maintenance schedule for the stormwater pollution prevention devices installed. 6. Applicant must complete the Project Applicant Checklist for NPDES Permit Requirements prior to issuance of a permit and return to the Environmental Compliance Coordinator at the RWQCP. 7. Roof condensate must be routed to sanitary sewer. This must be shown on plans prior to issuance of a permit. 8. Trash handling area must be covered, enclosed and must drain to sanitary sewer. This must be shown on the plans prior to issuance of a permit. 9. Loading dock area must be covered and any drain must be connected to the sanitary sewer system. This must be shown on plans prior to issuance of a permit. 10. Install separate water meters for the building and landscape. 11. Fire sprinkler system test/drainage valve should be plumbed into the sanitary sewer system. This must be shown on the plans prior to issuance of a permit. 12. A construction Storm Water Pollution Prevention Plan must be submitted and approved prior to the issuance of a permit. 13. Plans must include location of concrete wash out area and location of entranceloutlet of tire wash. 14. A grading and drainage plan must be submitted. 15. An erosion and sediment control plan must be submitted. 16. Applicant must pay sewer connection fee at a later time based on anticipated flow, BOD and TSS calculations. (Water Quality Control contact: Cassie Prudhel (650) 829-3840) 24 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-0001 & ZA06-000l Page 25 of 26 E. Fire Prevention requirements shall be as follows: 1. Communications (external, internal) a. The developer shall provide a communications repeater and all related equipment to accommodate all communication channels used by South San Francisco Fire Department. Communication equipment shall be installed at a location to be determined by the City of South San Francisco communications representative. Funding shall take place for communications equipment on approval of development by the South San Francisco City Council. b. The developer shall provide a radio communications study to determine internal radio communication need based on individual building types in development. If study finds internal radio communications are deficient, developer shall provide for mitigation. Costs for internal communications wiring, signal booster, antennae and any other related equipment to mitigate deficiencies would be incurred by developer. Evaluation of the system performance will be to the City of South San Francisco communications representative specifications. Any and all continued maintenance costs will be incurred by the building owner. 2. Wildland Urban Interface a. The developer shall install and maintain a one hundred foot buffer in the urban interface area; this shall consist of a fifty-foot wide green belt area with fire resistive plantings and an additional fifty-foot clear area maintained clear of hazardous fire growth, Public Resources Code 4291. 3. Emergency response traffic signal (Opticom) a. The developer shall provide for a traffic release system (Opticom). The traffic release system shall be incorporated into the traffic signals in areas directly impacted by the development. 4. Specialized Equipment a. The developer shall provide for the purchase of a vehicle to be equipped with specialized heavy rescue equipment and anon board air compressor. Other specialized equipment will include air units that can allow for increased air supply so personnel can reach all areas of the limited access parking structure and high-rise. Developer will provide funding for vehicle and equipment on City Council approval of development (vehicle manufacture contract will determine payment schedule). 25 Conditions of Approval P06-0073: DR06-0060, PP06-0002, SP06-000l & ZA06-0001 Page 26 of 26 5. Fire Access Roads a. Fire department access roads, pullouts, staging areas and vehicle turning radii shall meet requirements as set forth in "Mandalay Terrace Fire Department Access Exhibit" dated July 31, 2006. 6. Development must meet all Federal, State and Local codes and ordinances. (Fire Prevention contact: Bryan Niswonger (650) 829-6645) 26 EXHIBIT B TERRABA Y SPECIFIC PLAN AMENDMENTS Planning Commission Draft September 7, 2006 The land uses, densities and intensities shown in the following table will upon modification by the Planning Commission and City Council and as directed by the City Council be incorporated by staff into the Final Terrabay Specific the following table. 2006 TERRABA Y SPECIFIC PLAN AMENDMENT Gross Square Feet Net Square Feet PHASE I - SOUTH TOWER Office 313,002 300,482 Commercial 11,544 11 ,083 Child Care 5,000* 5,000 Performing Arts 3,100 3,100 Sub Total Phase I 332,646 319,665 Parking Phase I 962 spaces PHASE II - NORTH TOWER Office 352,026 337,945 Commercial 12,465 11,958 Sub Total Phase II 364,482 349,903 Parking Phase II 990 spaces PHASE I AND II TOTALS Office 665,028** 638,427 Commercial 24,009 23,041 Child Care 5,000* 5,000 Performing Arts 3,100 3,100 Total Phase I and II 697,137 669,568 Total Parking Phase I and II 1,952spaces *The square footage may be increased pursuant to state licensing requirements to provide for 100 children. **One of the office towers may be replaced with a four star or better hotel as defined in the Terrabay Specific Plan Zoning District. EXHIBIT C TERRABA Y SPECIFIC PLAN DISTRICT AMENDMENT Planning Commission Draft September 7, 2006 The Terrabay Specific Plan Zoning District would be amended as follows pursuant to Planning Commission and City Council modification and direction by the City Council. Chapter 20.63 TERRABAY SPECIFIC PLAN DISTRICT 20.63.005 Terrabay specific plan district established. A zoning district entitled "Terrabay specific plan district" is established consisting of, and in all respects consistent with, the regulations contained in the Terrabay specific plan. The district boundaries shall be as described in Exhibit A to Ordinance 915-83 and as shown on the map which is Exhibit B to Ordinance 915-83, on file in the office of the city clerk and incorporated herein by reference. A copy of the specific plan map is reproduced at the end of this chapter. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 1050 S 29 (part), 1989) 20.63.010 Definitions. The following definitions supplement those contained in Chapters 1.04, 19.08 and 20.06 of this code. (a) "Accessory structure" refers to structures such as landscape arbors, hot tub platforms, decks, and fences. (b) "Assisted parking" refers to incoming passenger vehicles that are parked by their own drivers until all or most of the striped spaces in the garage are utilized. From that point, until the garage empties out to avail adequate striped spaces, incoming/outgoing driver~/owners drop-off/pick-up their cars at a designated drop-off/pick-up point within the garage to/from valet parking personnel. (c )"Building" means the principal structure or structures on any site, including all projections or extensions thereof, and all garages, outside platforms, outbuildings, docks and other similar structures. (d)"Buffer parcel" refers to the 2.69 acre parcel located adjacent to and south of the preservation parcel. Permitted uses in the "buffer parcel" may include, for example, landscaping, roadway and limited surface parking. No structures are permitted on the parcel other than a small interpretative structure, i.e. a kiosk that informs persons of the resources at the site. (e) "CA-SMa-40" refers to approximately two acres which contain archaeological resources carbon dated back five thousand years plus before present as mapped and studied by Holman and Associates, archaeologists and David Chavez, archaeologist and as analyzed in the 1998-99 Terrabay supplemental environmental impact report (SEIR). (f)"Development agreement" means any agreement(s) including amendments and restatements thereto, entered into by and among the city of South San Francisco and a project sponsor, in accordance with Title 7, Division 1, Chapter 3, Article 2.5, Section 65864 et seq., ofthe California Government Code. Page lof 19 (g)"General plan" means the general plan adopted on April 21, 1969 by the city council of the city of South San Francisco by Resolution No. 5073, as amended, and such elements as may be adopted and amended from time to time. (h) "Habitat conservation plan (HCP)" means a method of conserving, managing and enhancing the natural resources necessary for the perpetuation of endangered species as such plan was approved by the city on November 15, 1982, and as such plan is lawfully amended from time to time. (i) "Mutual release and settlement agreement" is that a document executed in March 2000 between Terrabay Partners. L.L.c., MyerslSunchase I, L.L.C., The Center for Biological Diversity, San Bruno Mountain Watch and the city of South San Francisco which resolved a lawsuit provided the parties perform certain acts involving the site. It requires, at a minimum, the creation ofthe preservation and buffer parcels (referred to as preservation parcel and buffer zone, respectively, in the agreement). The document is available for review at the city clerk's office of the city of South San Francisco. (i) "Office Towers" refer to the North Office Tower and the South Office Tower on the Phase III site. (k)"Owner" means, at any particular time or times, any person, partnership, firm, corporation or other legal entity (including sponsor) which owns fee title to one or more sites, as shown by the official records of the county of San Mateo; provided, however, that a person or entity holding a security interest in any site or sites will not be deemed an owner so long as its interest in the particular site or sites is for purposes of security only. (l)"Precise plan" means plans and drawings, which present detailed site and building information for each building phase of a project. (m)"Preservation parcel" refers to a 25.73 acre parcel in the central and northern portion of the Terrabay area along Airport Bayshore Boulevard. The preservation parcel, created by the mutual release and settlement agreement includes CA-SMa-40, butterfly habitat and wetlands. The Preservation Parcel was conveyed into public ownership in 2004. (n) Project sponsor" means any person, partnership, firm, corporation or other legal entity attempting to subdivide or in any way develop any site with the Terrabay specific plan district. (o)"Project sponsor" includes but is not limited to W.W. Dean and Associates and their successors in interest of any description. (p )"Property line" means a line bounding a site as shown on any final subdivision or parcel map then in effect. The property line along a street shall be the respective right-of- way line shown on the final subdivision or parcel map. (q)"Recreation parcel" refers to the 6.3 acre parcel (or less as modified by the habitat conservation plan). The parcel is historically referred to as the Commons West parcel. (r)"Recreational vehicle" means, for purposes ofthis chapter, a vehicular unit, regardless of size, primarily designed as temporary living quarters for recreational, camping or travel use; it either has its own motive power or is designed to be mounted on or drawn by a motorized vehicle. (s )"Recreational vehicles" include but are not limited to, motor homes, truck campers, travel trailers, camping trailers, and boats. For the purpose of this definition, a boat shall be a recreational vehicle regardless of whether or not its design includes temporary living quarters. (t) "Site" means a contiguous area ofland within the Terrabay specific plan district which is owned of record by the same owner, whether shown as one or more lots or parcels or Page 20f 19 portions of lots or parcels on any recorded subdivision parcel map affecting the specific plan area. (u) "Terrabay commercial district" means all of the real property described in Exhibit A to Ordinance 1288-01, on file in the office of the city clerk and incorporated herein by reference. (v)"Terrabay open space district" means all the real property described in Exhibit A to Ordinance 1288-01, on file in the office of the city clerk and incorporated herein by reference. (w)"Terrabay open spacelrecreation district" means all the real property described in Exhibit A to Ordinance 1288-01, on file in the office of the city clerk and incorporated herein by reference. (x)"Terrabay residential district" means all ofthe real property described in Exhibit A to Ordinance 1288-01, on file in the office of the city clerk and incorporated herein by reference. (y) "Terrabay specific plan" refers to the original Terrabay specific plan adopted in 1982 by the South San Francisco city council, and amended in 1996. The Terrabay specific plan, until 1999, was the governing document for all the lands within the Terrabay plan area. The 1982/1996 Terrabay specific plan is the governing document for the Phase I Terrabay village and park neighborhoods. (z)"Terrabay Specific Plan - Woods Only" adopted by the South San Francisco city council in May, 1999 is the governing document for the "Woods Phase II" portion of Terrabay. (aa) "Final Terrabay Specific Plan" adopted by the South San Francisco city council in November, 2000, and amended from time to time, is the governing document for the Phase IIIIlI Mandalay Point and Heritage residential neighborhoods; the commercial area identified as "The Peninsula;" "Mandalay Terrace" and the recreation and preservation parcels. (bb )"Trailer" means a vehicle without motive power, designed so that it can be drawn by a motor vehicle, to be used for the carrying of persons or property or as human habitation. (cc)"Transportation demand management program" (TDM program) refers to a plan approved by the city and required primarily for the perf-ormance of the office development designed in order to reduce traffic trips to and from the efHee site. The TDM program shall also serve the residential portions of all three phases of Terrabay. (dd)"Valet parking" refers to a process of parking cars whereby valet parking personnel meet incoming and outgoing passenger vehicles at a designated drop-off/pick-up point where they drop-off/pick-up their cars and keys at all times. (Ord. 1318 S 2 (part), 2003; Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.020 Regulations generally. (a) The regulations contained in this chapter shall apply in the Terrabay specific plan district. (b) Whenever this chapter or the Terrabay specific plan do not provide specific standards and/or procedures for the approval and/or administration of development projects within the Terrabay specific plan district or for appeals concerning such approvals or administration of development projects, the standards and procedures Page 30f 19 outlined in Title 20 of the South San Francisco Municipal Code in effect as of the effective date of any applicable development agreement for the project shall apply. (c) Whenever a subdivision map or parcel map is required to be filed in connection with a project within the Terrabay specific plan district, the standards and procedures contained in Title 19 of the South San Francisco Municipal Code shall apply to the project unless those procedures and standards are inconsistent with specific standards or procedures set forth in this chapter or those contained in the applicable development agreement. (d) Whenever a subdivision map or parcel map is required to be filed in connection with a project within the Terrabay specific plan district, no building permit shall be issued for the project unless and until all of the requirements (including but not limited to recordation) related to final subdivision or parcel maps have been met, except as modified in Section 20.63.150 of this chapter for the development of the final Terrabay special plan lands. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.030 Uses permitted. The following uses are permitted subject to the regulations contained in this chapter, the Terrabay specific plans and applicable sections of Titles 19 and 20 ofthis code as set forth in Section 20.63.020 and subject to further approvals as required. (a) Terrabay Residential District (Residential Parcels). (1) Public and private open space areas; (2) Habitat conservation areas; (3) Public and private parks, playgrounds, tot lots, recreation/community buildings, and fire stations; (4) Schools; (5) Child care centers; (6) Public and private utilities, and facilities; (7) Single-family detached dwellings consisting of one hundred twenty-five units in the Park and one hundred thirty-five units in Woods East and Woods West (collectively) neighborhoods only; (8) Townhomes consisting of one hundred sixty-five * units in the Village neighborhood in two, three and four unit clusters only; (9) One condominium/apartment tower consisting of one hundred twelve one, two and three bedroom units in the Peninsula Mandalay Tower Heritage neighborhood, only; (10) Single-family paired residential units consisting of seventy single-family units attached in thirty-five structures, paired in two side-by-side attached units (i.e., side by side duplex design) in the Mandalay Point neighborhood, only; (11) Home occupations; (12) Accessory buildings and uses. (b) Terrabay Commercial District (Offiee Development and Buff-er Parcel). (1) (2) (3) (4) Public and private open space area; Habitat conservation areas; Public and private utilities and facilities; Reserved; Page 40f 19 (5) Health clubs associated with the office use as an office-worker support use and a TDM measure; (6) Reserved; (7) High quality commercial and restaurant uses recognized nationally by their name are permitted commercial retail uses on the Phase III Commercial site. Businesses such as Baia Fresh, Starbucks, Peets Coffee and Tea, The Cheescake Factory, Gordon Biersch, Jamba Juice, Pasta Pomodoro, Wolfgang Puck, Kulettos and II Fomaio are higher end well-performing businesses appropriate for the Phase III site. Specialty services such as computer stores, office supply, bookstore stores, retail dry cleaner outlets, shoe repair, florists, specialtv high-end grocery and/or deli uses, sundry shops, boutiques and similar uses are permitted support uses. These types of retailers or their equivalent are permitted. Significant deviations from these types of retail uses, as determined by the Chief Planner, may not be permitted or may require a Conditional Use Permit. The applicant will be required to demonstrate how the proposed use is Foot note:_ * 161 units were built in Phase I. Pursuant to City Ordinance 1191-96 a subdivision may be applied for and, in accordance with the City's discretionary and environmental review procedures, may be approved to construct an additional four units in the Village Neighborhood on Lot 179 The Citv aoproved an additional three lots on this site in 2006 . substantially equivalent to the uses and retailers listed above. No fast food drive through restaurants are permitted on the Phase III site. Medical office and associated uses are not permitted on the ground floor. 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 ~round floor retail space. Sit do.:n restaurants, but not including fast food restaurants with or without drive through '..vindows associated with the office use an office '.Yorker support use and a TDM measure; (8) Class A Office buildings for office gross square footage of 665,028 square feet; (9) Meeting and conference rooms within the office building; (10) 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 7 above; (11) Performing arts center (200 seat minimum) within the office building; (12) Child care center serving a minimum of 100 children with outdoor play area within the office tower or podium structure; Ql) HoteL four star or better. Any hotel shall be developed, constructed and maintained to satisfy all requirements necessary to meet a four diamond rating as established by the Diamond Rating Guidelines published bv the American Automobile Association in place as of the effective date. Page 50f 19 (g Buffer Zone Permitted Uses. Notwithstanding the permitted uses in the Terrabay commercial district generally, uses permitted in the buffer parcel are limited to the following: (1) Landscaping (limited to native San Bruno Mountain plant species), (2) Pedestrian seating areas, (3) Surface parking, emergency access road, turn around and maintenance lets to facilitate access to the adjacent preservation parcel and San Bruno Mountain State and County Park, (D) Playground for the child care facility, (4) A single small structure which provides interpretive information about the site (i.e., a kiosk), (5) Retaining walls. (D) Terrabay Open Space District (Preservation Parcel). Open space uses in conformance with the General Plan and mutual release and settlement agreement, including wetlands preservation and mitigation, habitat preservation and preservation of CA-SMa-40 and trailhead for hiking. (E) Terrabay Open SpacelRecreation District (Recreation Parcel). (1) Open space as defined in Section 20.63.030(c) of this chapter; (2) Community oriented recreation facility; (3) Child care facility. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 1051 S 6, 1989; Ord. 915 S 4 (part), 1983) 20.63.050 Site design and grading. (a) No building permits shall be issued by the city for any phase of construction within the Terrabay specific plan district until the project sponsor obtains detailed soil and geotechnical studies for each phase of construction and implements the recommendations contained in said studies for each phase of proposed construction. The project sponsor shall provide the city engineer with satisfactory evidence that all grading and drainage work was accomplished in accordance with approved soils and geotechnical studies. (b) Prior to approval of any precise plan or the issuance of any grading or building permit within the Terrabay specific plan district, the project sponsor shall provide the city engineer with satisfactory evidence that all elements of the project are designed in accordance with the recommendations of the approved soils and geotechnical studies relating to ground slippage, landslides, erosion, and storm drainage. (c) The project sponsor shall obtain the city engineer's approval of detailed grading and utility plans prior to approval of any J:?fading or building permit. precise plan or tentative subdivision map. (d) All grading plans and operations shall be in compliance with the provisions of the habitat conservation plan. (e) All approved grading plans for all phases of Terrabay shall be in compliance with the Mitigation Monitoring and Reporting Program (MMRP) adopted by the city. No grading permit for any development on Terrabay lands shall be issued by the city until any required wetlands mitigation plan is reviewed and approved by the U.S. Army Corps of Engineers, California Department ofFish and Game and Regional Water Quality Control Board, subject to their authority under Section 404 of the Clean Water Page 60f 19 Act, Section 1603 of the California Fish and Game Code and Section 401 Certification, respectively. (f) Winterization programs acceptable to the city engineer and the director of parks, recreation and maintenance services and consistent with the Terrabay specific plan, the habitat conservation plan and other applicable provisions of this code shall be implemented for all graded areas prior to October 15th of each year. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.060 Street standards. The streets within the Terrabay specific plan district shall conform to the design standards set forth in the specific plan. The minimum dimensions authorized for streets located in the Terrabay specific plan district are: (a) The minimum street grades for public and private streets in the Terrabay specific plan district shall be one percent. The maximum grades for public and private streets shall be ten percent and twelve percent, respectively, unless steeper grades on limited segments of such streets are approved by the city engineer. In no case shall the city engineer approve street grades in excess of fifteen percent for any private streets. (b) The Hillside Boulevard extension shall be designed in accordance with city council Resolution No. 141-78 adopted November 1, 1978. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.070 Transportation demand management. Prior to issuancc of a building permit the approval of any precise plans or tentative subdi'/ision or parcel maps for developmcnt \vithin the Terrabay commercial district, the project sponsor shall obtain from the director of community development and the city engincer approval of a transportation demand management plan. The transportation demand managemcnt plan shall be consistent with the rcquirements of the Terrabay specific plan. Project sponsors shall prepare and implement a Transportation Demand Management Plan (TDM Progarm) to reduce vehicle trips in accordance with the regulations ofSSF MC 20.120. The TDM Program shall conatin the requirements for monitoring and auditing the performance of the measures within the TDM Program and shall be amended as needed to meet the performance obiectives of the Plan. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.080 Parking generally. (a) Parking areas shall be constructed with the number of spaces, location and phasing indicated in the Terrabay specific plan and this chapter. (b) On-street parking shall not be permitted along the public collector road proposed within the Terrabay residential district. Parallel parking spaces located along private roads shall be a minimum of eight feet in width. (c) The approval of any tentative subdivision or parcel map for residential development of property in the Terrabay specific plan district shall be conditioned upon the project sponsor executing and recording C.C.&R.'s which shall include a provision prohibiting the parking or storage of recreational vehicles and boats, whether stored on trailers or not, in such residential area. Said CC&R's shall be subject to review and Page 70f 19 approval by the city attorney prior to recordation. (Ord. 1288 S 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.090 Utilities. (a) Sanitary Sewers. (1) Sanitary sewerage services in the Terrabay specific plan district will be provided through a system of on-site gravity sewer mains, where possible, and interceptors which will connect to the city sewer system. The city sewer system will be designed in accordance with the requirements of the city engineer. The sewer trunk lines will, wherever possible, be located within the public or private streets. (2) Sanitary sewers will be designed to handle wastewater flows of two hundred gallons per day per residential unit, with a peaking factor of 3.0. Infiltration/inflow will be calculated at five hundred gallons per day, per inch diameter, per mile. Commercial wastewater flows will be calculated on a case-by-case basis. (b) Storm Drainage System. (1) A storm drainage system shall be provided in the Terrabay specific plan district and shall include a storm-drain trunk system to intercept runoff from the open space upstream of the project, and transport it through the project. The trunk system shall also collect in-tract runoff from the on-site collection system. (2) The storm-drain trunk system shall be designed to handle runoff of an intensity equal to the worst storm of record or a one-hundred-year return period, whichever is worse. The inlet structures at the heads of the ravines shall be designed to pass the runoff from a one-hundred-year return period storm without utilizing the overflow system. The overflow system at the inlet structure shall be designed to handle runoff from storms in excess of the one-hundred-year return period utilizing the public street system and hydraulically designed overflow catchment structures within the public streets so as to protect residential or commercial structures from potential damage from storm runoff and from the planned storm period indicated above. (3) The storm drainage system shall intercept a majority of the existing runoff and transport it via the approved storm drainage system to San Francisco Bay. (4) Storm-drain catch basins, manholes and storm-drain pipes shall be constructed in accordance with city standards and the requirements of the city engineer. (c) Water System. (1) A water system shall be designed and constructed by the project sponsor in accordance with the standards of the California Water Service Company or its successor in interest. The water mains shall be underground and located within public rights-of-way or public easements. (2) The new water system shall be designed with fire protection facilities installed at the locations, and flowing sufficient water, as required by the city of South San Francisco fire chief. (3) The new water system shall, where feasible, be interconnected to the existing city of South San Francisco water systems to provide a continuous loop. The design of the water system shall be approved by the fire chief. (d) Other Utilities. (1) Solid waste storage and pick-up areas shall be designed in accordance with the Terrabay specific plan. Page 80f 19 (2) All natural gas, electricity, telephone and cable television and similar facilities shall be installed as underground systems. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.100 Landscaping. Prior to approval of any precise plan or tentative subdivision map, the project sponsor shall obtain from the director of parks, recreation and maintenance services, approval of a landscape plan which adopts the standards set forth in the Terrabay specific plan and is consistent with the habitat conservation plan. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.110 Parks and recreation facilities. All parks and recreation facilities at the Terrabay specific plan district shall be designed and constructed in accordance with the standards set forth in the Terrabay specific plan. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 S 4 (part), 1983) 20.63.120 Environmental quality. All measures necessary to protect environmental quality shall be implemented as set forth in the Terrabay specific plans, the environmental impact reports for the Terrabay specific plans (1982 EIR, 1996 SEIR, aftEi 1998-99 and 2005 SEIR) and the habitat conservation plan, including any amendments to the plans and any supplemental or subsequent environmental impact reports. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.130 Special regulations applicable within the Terrabay residential district. The following special regulations shall apply to development within the Terrabay residential district: (a) Independent and accessory structures shall be governed by the following setbacks: (i) Mandalay Point may be designed with entry stairs and entry roofs that encroach into the side setback to the extent permitted by the Uniform Building Code. (ii) Side and rear yards shall maintain a minimum setback of not less than three feet, except as provided in (i) above. Stairs that follow the grade may be constructed along the side yard setback between a primary structure (house) and a fence. (iii) Paving shall be not closer than a minimum of one foot from the side and rear property lines. (iv) Hot tubs or spas shall maintain a minimum setback of five feet from any side or rear property line. (v) Gazebos, Arbors and Similar Structures. Gazebos and arbors shall not exceed twelve feet in height at the ridge. Gazebos, arbors and similar structures shall be set back from side and rear property lines a minimum of three feet. (vi) Fountains and similar water features shall be set back a minimum of one foot from side and rear property lines. (vii) Garden sheds and similar storage structures shall be set back from side and rear property lines a minimum of five feet. The maximum height of garden sheds and Page 90f 19 similar structures shall be six feet. No garden shed or similar structure shall exceed one hundred and twenty square feet in total area. (viii) Fences installed as a part of the project shall be replaced in kind as required for upkeep and repair. View fences shall be replaced with view fences as necessary. (ix) Any structure which in the opinion of the chief planner adds significant bulk and/or mass to the building shall not be permitted. Examples of such type of structures include fixed and solid patio covers. (x) If upon review of the applicable permit, modifications to a lot, including but not limited to landscaping, construction of accessory structures, retaining walls or paving the city determines the proposed project, based on standard engineering and hydrologic practices and the project plans, may adversely affect drainage or slope stability, the applicant shall be required to apply for a minor use permit which may, based on an initial study, necessitate further environmental review. (b) No part of permitted structure shall be constructed within five feet of any projected curbline for a private road. (c) Accessory buildings, as defined in South San Francisco Municipal Code Section 20.05.050(b), are only permitted when constructed at the time the residential structure is constructed. (d) Accessory structures as defined in Section 20.63.0l0(a) of this chapter may be constructed upon obtaining city review and any required building permits. (e) One sign not over four square feet in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be located. (f) Permitted Height. (1) Phase I Village and Park Neighborhoods (Single-Family Detached and Townhomes). (A) Maximum permitted height shall not exceed thirty feet. (B) Height is measured from the roofline to the ground directly beneath it. (2) Phrase II Woods Neighborhood (Single-Family Detached). (A) Maximum permitted height shall not exceed thirty-five feet with sixty percent of the roof plate being at or below thirty feet. (B) Height is measured from the highest point of the roof structure to a point below or directly parallel to that point where the exterior facade of the building intersects the finished grade. (3) Phase IIAII Residential Heritage Peninsula Mandalay Neighborhood (Condominium/Apartment Tower). (A) The maximum height shall not exceed one hundred sixty-five feet. (B) Height is measured from the top of the uppermost parapet down to finished grade at the point below or directly parallel to that point where the exterior facade of the building intersects the finished grade. (C) Below finished grade parking structures are not included in the maximum height calculation. (4) Mandalay Point Neighborhood (Single-family Paired Units). (A) Maximum height shall not exceed forty feet. Page 100f 19 (B) Height is measured from the highest point of the roof structure to a point below or directly parallel to that point where the exterior facade of the building intersects finished grade. (g) Materials used in the Terrabay residential district shall be consistent with the requirements of the applicable Terrabay specific plan and the city's design review process. (h) Internal Roadway Systems Standards. (1) A public residential collector street shall be constructed in the Terrabay residential district as part of the subdivision improvements and shall be dedicated to the city. No parking shall be permitted along either side of said public collector street, per the previously approved plan. The street shall have a curb-to-curb width ofthirty-six feet, consisting of two thirteen-foot travel lanes and two five-foot wide bicycle lanes. (2) The private minor roadways shall have a minimum thirty-five-foot right- of-way. The minimum curb-to-curb widths of all private roadways and lanes within the residential district shall be twenty-five feet unless, after a review of detailed soil and geotechnical studies and/or HCP requirements, the city engineer determines that said width is not feasible. In no case shall the city engineer approve a curb-to-curb width of less than twenty-two feet. (3) Sidewalks and/or walkways shall be provided at a minimum on at least one side of all private and public roadways to residential groupings within a project, provided adequate access is afforded all residential units. (4) All dead-end roadways within the Terrabay residential district shall be provided with bulbs or turn-around areas to the satisfaction ofthe city engineer. (i) Parking Standards. The parking standards for the residential neighborhoods shall be: (1) Phase I Village and Park Neighborhoods (Single-Family Detached and Townhomes). (A) Parking garages for two vehicles shall be provided for each unit. (B) On-street visitor parking shall be provided at a minimum ratio of three spaces for each four units. The additional on-street parking shall be provided through the use of parking bays adjacent to each cluster of units and/or parallel along the private roadways and lanes. (2) Phase II Woods Neighborhood (Single-Family Detached). (A) Residential parking shall be provided in the Terrabay Woods East at a minimum of 5.59 spaces per unit. Residential parking shall be provided in the Terrabay Woods West at a minimum of 5.36 spaces per unit. (B) On-street guest parking shall be a minimum of eighteen feet in length and eight and one-half feet in width and one side of each street in the residential areas shall provide parking. (C) Two car garages shall measure twenty feet in width by twenty feet in depth free and clear of any obstruction. Three car garages shall measure thirty feet in width by twenty feet in depth free and clear of any obstructions. (D) Residential units including two thousand five hundred square feet of floor area (excluding the garage) or including five bedrooms shall provide three car garages and three car driveway aprons. Three car parking garages shall measure thirty feet in width and twenty feet in depth free and clear of obstructions. The Woods No.3 floor plan Page llof 19 may provide one of three parking spaces to a length of eighteen feet and shall provide a three car parking apron. No more than thirty-five units total in both Woods East and West shall be Woods No.3 floor plan. (E) The parking ratios calculated for Terrabay Woods include the required garage spaces, driveway aprons and on-street parking. (F) Driveway aprons in Woods Neighborhood shall measure eighteen feet in length from the face of the garage to the back of the sidewalk or face of the curb in absence of a sidewalk. (3) Phase II/IlI Residential Area Parking Standards. (A) Condominium/Apartment Tower Heritage Neighborhood Peninsula Mandalay Tower. (i) A total of two hundred thirty-eight parking spaces shall be provided. Parking shall be provided at a ratio of two spaces reserved for each residential unit and guest parking .13 spaces per unit. No four bedroom units are permitted. (ii) The guest parking may be provided in the parking garage and on-street within the condominium/apartment tower parcel, only. (iii) The CC&R's for the tower and the rental or sale agreements shall identify the parking spaces assigned to each unit. (iv) Parking in the garage shall measure a minimum of eight and one-half feet in width and eighteen feet in length with twenty-five-foot wide aisles. (v) On-street guest parking shall measure a minimum of eight and one-half feet in width and eighteen feet in length. Two feet of the required eighteen feet may overhang into a landscape area provided that the landscape area is a minimum of six feet in width and the overhang does not interfere with shrub or tree growth. Parallel parking shall measure a minimum of eight and one-half feet in width and twenty feet in length with a four foot separation between the spaces. (B) Paired Single-Family-Mandalay Point Neighborhood. (i) Two hundred ninety-eight parking spaces shall be provided in this neighborhood. The parking quantity includes the required garage spaces at two per unit driveway aprons at two per unit, and eighteen off street guest parking spaces. (ii) The parking requirement is based upon units that are two thousand four hundred ninety-nine square feet or less in area (excluding garage space); and four or less bedrooms. Five bedroom units and units consisting of two thousand five hundred square feet or more (excluding garage space) are not permitted in this neighborhood. (iii) All units shall include two car garages which shall measure twenty feet in width by twenty feet in depth free and clear of any obstruction. (iv) All units shall include a driveway apron measuring, at a minimum, sixteen feet in width and twenty feet in length, capable of parking two vehicles. (v) Driveway aprons shall measure twenty feet in length from the face ofthe garage to the back of the sidewalk or face of the curb in absence ofa sidewalk. (vi) Off-street guest parking shall be a minimum of eight and one-half feet in width and eighteen feet in length. Eighteen guest parking spaces shall be provided off- street in landscape pockets, and within close proximity to the units they are intended to serve. (vii) No on-street parking shall be permitted in the Mandalay Point neighborhood. Page 120f 19 (j) Residential Density. (1) Approximately one hundred fourteen acres (fifty-one percent of the residential land area of two hundred twenty-five acres) may be developed with not more than six hundred seven residential units. (2) The mix and location of residential units shall be consistent with the standards contained in the applicable Terrabay specific plan; (3) Residential building densities shall, on a neighborhood-by-neighborhood basis, be in accordance with the applicable Terrabay specific plan; (4) The density in the Terrabay residential district may be reduced by the city, if detailed geological characteristics of each development site and/or implementation of city development requirements indicates that building to the existing permitted density would pose a threat to the public health, safety or welfare. (k) Drainage. No owner shall alter the slope or contour of any lot or construct or alter any drainage pattern or facility without the approval of the city engineer. (Ord. 1318 ~ 2 (part), 2003; Ord. 1310 ~ 2; Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 ~ 4 (part), 1983) 20.63.140 Special regulations applicable within the Terrabay commercial district. The following special regulations shall apply to the development within the Terrabay commercial district. (a) Building Height Limits. (1) Office. The North Tower shall not exceed 360 feet above mean sea level and the South Tower shall not exceed 275 feet above mean sea level. The parking structure shall not exceed 160 feet above mean sea level (2) Height is measured from the top of the uppermost parapet down to finished grade at the point below or directly parallel to that point where the exterior facade of the building intersects the finished grade from mean sea level. (b) Entry / Exit Drive. A privately maintained entry drive shall be constructed to serve the Terrabay commercial district. The drive shall have an 88 foot right-of-way at the intersection of Airport Boulevard which will accommodate two inbound lanes, three outbound lanes and a median. The additional right of way will also accommodate an additional outbound lane if warranted by the circulation monitoring required by the 2005 SEIR and 2006 Addendum. fifty six foot curb to c1::l-fb width and shall proyide hvo hvelve f()ot '.'Ii de travel lanes in and out of the project. No parking shall be permitted along the entry drive. (c) Internal Intersection: The first internal inbound driveway shall include a minimum of 52 feet of right-of-way to accommodate two inbound traffic lanes and the potential for an additional exclusive right turn and left turn lane pocket. The outbound ~ortion of the drivewav shall include a minimum of 48 feet of right-of-way to accommodate three outbound lanes of traffic and the potential for an additional lane should circulation monitoring warrant the addition of the lane. (d) Roadway Improvements. In keeping with the requirements of the Terrabay specific plans and development agreements, development in the Terrabay commercial district shall proceed only to the extent that the project sponsor improves the adjacent roadways in accordance with the Terrabay specific plan. Adjacent roadways are not able to carry the traffic generated by each phase of the development if the public Page 130f 19 improvements identified in the Terrabay specific plan as necessary for each phase are not constructed concurrently with that phase. (~) Parking Requirements - Office. (1) A parking capacity of one thousand seven hundred eighty five 1,952 cars in striped stalls is required based upon the parking requirements of ~ 2.81 spaces per one thousand gross square feet of floor area as set forth in the final Terrabay specific plan. Parking shall be provided as follows: (}..) Valet and/or assisted parking shaH be used. (A) Valet and/or assisted parking attendants shall be on the site during the peak use times of the day and the v/eek as specified in the TDM program, which may be formally amended from time to time as specified in the final Terrabay specific plan. (B) Valet and/or assisted parking shall not be used in the surface parking lot. (C) Valet and/or assisted parking shall be used to the maximum extent feasible during special events and or during peak seasons in the parking structures. (2) Striped stalls in the parking structures shall measure eight and one-half feet in width and eighteen feet in length and otherwise meet the requirements of SSF MC 20.74 Parking. Parking adiacent to columns shall be 9 feet in width. (3) Striped stalls in the surface lots shall measure a minimum of eight and one-half feet in width and eighteen feet in length. Two feet of the required eighteen feet may overhang in a landscape area provided that the area is a minimum of six feet in width and the overhang does not interfere with shrub or tree growth. Parallel parking shall measure eight and one-half feet in width and twenty feet in length with four feet of separation between the spaces. (4) Parking and parking services, including valet and/or assisted parking and the size of striped parking for van pool, car pool, shuttle bus and motorcycle parking shall conform to the requirements of the TDM program identified in the final Terrabay specific plan and Chapter 20.74 of the Municipal Code, "Off-Street Parking and Loading." (e) Parking RequireHlents Child Care (within the Terrabay Commercial District). (1) Twentyon or off street parking stalls shall be pro'/ided for the day care facility. (2) Striped stalls for surface parking shall measure eight and one half feet in width by eighteen feet in length. Two feet of the required eighteen feet may overhang in a landscape area provided that the area is a minimum of six feet in width and the overhang does not interfere "'lith shrub or tree grO\.vth. Parallel parking shall measure eight and one half feet in \vidth afld twenty feet in length "'lith four feet of separation Between the spaces. (J.)ill A childcare drop-off and pickup area shall be provided that is protected from the flow of traffic and does not impede the flow of traffic. (Ord. 1288 9 1 (D) (p art), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.150 Development procedure-Generally. (a) After the Terrabay specific plan district has been annexed to the city, for all land within the 1982/1996 Terrabay specific plan area village and park, commencing after annexation, the Terrabay Phase II Woods specific plan area commencing May 1999; and the final Terrabay specific plan area commencing on January 1, 2005, all maps, plans and permits shall be submitted, processed and approved in the following order: Page 140f 19 (1) Specific plan; (2) Tentative subdivision map, vesting tentative map or parcel map; (3) Precise plan; (4) Final subdivision map (if applicable); (5) Grading (and any associated retaining wall permits) permits; (6) Building or occupancy permits. The city shall not process or approve land use entitlements or permits in any other order. For example, the city shall not process or approve a precise plan for any land within the Terrabay specific plan district which does not have an approved tentative or parcel map. (b) Por the final Terrabay ~pecific .E.lan area only, and up to and ending on Dccember 31, 2001 all maps plans and permits shaH be submitted, proccssed and approvcd in the f-ollowing order: (1) Specific plan; (2) Tentative subdivision map, vesting tentative map or parcel map; (3) Precise plan; (1) Rough grading permit; (5) Pinal subdivision map (if applicable); (6) Pinal grading permit; (7) Building or occupancy permits. (c) The parcel map or final subdivision maps and the final precise plans for development of the Terrabay specific plan district shall conform to the standards, critcria and requiremeR-ts ofthe applicable Terrabay specific plan. (d) Unless otherwise stipulated in the Terrabay specific plan, all applicable provisions of this code shall be followed including, but not limited to, the payment of all applicable fees as set forth in the master fee schedule of the city. (e) Building permits shall expire as provided in the Uniform Building Code, as approved and amended by the city. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.160 Precise plan and subdivision maps-Generally. No person shall commence any use or erect any structure or make exterior modifications to any existing use, and no grading permit, building permit or certificate of occupancy shall be issued for any new use or structure or modification thereof until a final subdivision or parcel map and precise plan has been approved by the city council, and said final subdivision or parcel map has been recorded in accordance with the requirements of the Terrabay specific plan and of Title 19 of this code except as provided for in South San Francisco Municipal Code Section 20.63.l50(B). (Ord. 12889 1 (D)(Part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.165 Tentative subdivision maps, vesting tentative maps or parcel maps- Submittal-Processing. (a) Tentative subdivision maps, vesting tentative maps or parcel maps for development in the Terrabay specific plan district shall be submitted to the secretary of the planning commission. The secretary shall check each application for completeness and conformance with the Terrabay specific plan. Page l50f 19 (b) If the tentative subdivision map, vesting tentative map or parcel map is found incorrect, incomplete or not in conformance with the Terrabay specific plan, the secretary will notify the applicant of the deficiency within thirty days of submission of the tentative subdivision map or parcel map. (c) Tentative subdivision maps, vesting tentative maps, parcel maps and final subdivision maps shall otherwise be processed as set forth in Title 19 of this code and the Subdivision Map Act (Sections 66410, et seq., ofthe Government Code) except that a planned unit development procedure is not required for vesting tentative maps. (Ord. 1288 9 1 (D)(part), 2001) 20.63.170 Precise plan-Submittal-Initial review. (a) Precise plans for development in the Terrabay specific plan district shall be submitted to the secretary of the planning commission. The secretary shall check each application for completeness and conformance with the Terrabay specific plan. (b) If the precise plan is found incorrect, incomplete or not in conformance with the Terrabay specific plan, the secretary will notify the applicant of the deficiency within thirty days of submission of the precise plan. (c) If the precise plan is found to be complete and correct, the secretary shall proceed as set forth in Sections 20.63.190 and 20.63.200 of this code. (d) Subdivision and parcel maps shall be processed as set forth in Title 19 of this code and the Subdivision Map Act (Sections 66410, et seq., of the Government Code) except that a planned unit development procedure is not required for a subdivision or vesting tentative map. (Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.180 Precise plan-Contents. The following information and drawings related to precise plans shall be required for submittal to the secretary of the planning commission at least thirty-five days prior to the planning commission meeting at which the precise plan is to be considered, together with the required filing fees as set forth in the master fee schedule of the city adopted by resolution of the city council: (a) Ten full-sized and twenty-five, eight and one-half inches by eleven inches reduction copies of the precise plan; (b) All tentative subdivision, vesting tentative map or parcel maps within the area covered by the precise plan. The maps shall in every case already be approved as required by Title 19 ofthis code and the Subdivision Map Act; (c) A legal and physical description of the site, including boundaries, easements, existing topography, natural features, existing buildings, structures and utilities; (d) A plot or site plan, drawn to scale which depicts all proposed on-site improvements, and utilities and the locations of same, in accordance with the standard established in the Terrabay specific plan; (e) A landscape plan drawn to scale which sets forth detailed information in accordance with the landscape requirements ofthe Terrabay specific plan and the habitat conservation plan, and the director of parks and recreation and maintenance services; (f) Grading, drainage and grading/erosion maintenance plans; Page 160f 19 (g) Architectural plans and detailed exterior elevations indicating profiles, glazing and materials drawn to scale. The applicant shall submit ten black and white full- size print set(s) drawn to one-quarter scale and ten eight and one-half inches by eleven inches reductions showing all land use and buildings, for each precise plan; (h) Scale drawings of all signs and light standards, with details of height, area, color and materials; (i) Plans for off-site improvements associated with the precise plan; and (j) Any other drawings or additional information necessary to show that the precise plans are in conformance with the Terrabay specific plan, as required by the city. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.190 Precise plan-Action by secretary of planning commission. Upon receipt of the complete precise plan, the secretary of the planning commission shall transmit complete copies to the following departments or officers: director of economic and community development, director of public works, city engineer, chief building inspector, director of parks, recreation and maintenance services, police chief, fire chief, and, if affected, the superintendent of the South San Francisco Unified School District, and each serving utility company. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.200 Planning commission report on precise plan. (a) The date of the actual filing of the precise plan, for purposes of this chapter, shall be the date of the next succeeding closing of the agenda of the planning commission meeting following the presentation of the complete precise plan to the secretary of the planning commission. (b) The secretary of the planning commission shall assemble the various reviews of the precise plan. Upon completion of the city review and consultations, the secretary to the planning commission shall submit the precise plan to the planning commission and shall recommend that the precise plan be approved, conditionally approved or disapproved or suggest modifications. (c) The planning commission shall submit to the city council its written report advising approval, conditional approval or disapproval of the precise plan within thirty days after the actual date of filing, unless that time period is extended by written consent of both the project sponsor and the planning commission. Such report shall set forth in detail the reasons for the recommendations made and shall state all specific conditions recommended for a conditional approval. The report will indicate whether or not the precise plan is consistent with the specific plan and the tentative subdivision maps, vesting tentative maps or parcel maps within the area covered by the precise plan. (Ord. 12889 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) 20.63.210 Precise plan-Action by city council. (a) At the next regular meeting of the city council following the filing of the planning commission report with the city council, the city council shall fix a meeting at which the precise plan will be considered, which meeting date shall be within thirty days Page l70f 19 thereafter. The city council shall approve, conditionally approve, or disapprove the precise plan within such thirty-day period. (b) Any conditions imposed will be reasonable and designed to assure attainment of the standards established in the Terrabay specific plan. No approval will be unreasonably withheld by the city council if the precise plan complies with the standards, conditions and requirements of the specific plan. If the city council disapproves the precise plan, it will specify the standards or conditions which have not been met. (Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 ~ 4 (part), 1983) 20.63.220 Mandatory findings for approval of precise plan. The city council shall make the following findings before approving or conditionally approving any precise plan: (a) The project proposed in the precise plan is consistent with the city of South San Francisco general plan and the applicable Terrabay specific plan; and (b) The proposed development and/or construction standards of the precise plan are designed to achieve compliance with the development and/or construction standards of the applicable Terrabay specific plan; and (c) that the development proposed in the precise plan is consistent with the applicable development agreement should one be in effect. (Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 ~ 4 (part), 1983) 20.63.230 Amendments to approved precise plan. (a) Ifmajor amendments to the precise plan are desired by the applicant, an application will be submitted to the secretary of the planning commission and processed in accordance with procedures established herein for approval of the original precise plan. (b) Revisions which are minor in nature, other than those imposed as specific condition of plan approval, shall be reviewed and approved by the director of economic and community development. (Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 ~ 4 (part), 1983) 20.63.240 Expiration of precise plan approval. Any precise plan which has been approved, conditionally approved or modified will lapse and shall be deemed void two years after the date thereof if a building permit has not been issued therefor and/or construction has not commenced or has not proceeded with due diligence thereafter. Reasonable extensions oftime may be granted by the city council. (Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 ~ 4 (part), 1983) 20.63.250 Permits from other agencies. No development proposal which requires a permit or an approval of any sort to be issued by any local, state or federal agency, may be approved by the city until proof of such other permit, license or approval is on file in the department of economic and community development. (Ord. 1288 ~ 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 ~ 4 (part), 1983) Page 180f 19 20.63.260 Permissible types of construction. All construction within the boundaries of the Terrabay specific plan district shall at a minimum comply with all applicable provisions of state law and this code. Terrabay specific plan requirements will prevail where more restrictive. (Ord. 1288 9 1 (D)(part), 2001: Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 94 (part), 1983) Page 190f 19 EXHIBIT D Transl>>ortation Demand Management (TDM) Proe:ram for Terrabay Phase III (Mandalay Terrace) in South San Francisco The Transportation Demand Management (TDM) Program for Terrabay Phase III includes on-site transportation coordination, expanded transit, improved bicycling and pedestrian facilities, coordination with the Peninsula Traffic Congestion Relief Alliance programs, incorporation of City conditions of approval and mitigation measures and support services. Specifically there will be: 1. An on-site Transportation Coordinator who will oversee the TDM Program and perform audits, facilitate ridesharing matching, maintain and update bulletin board and kiosk for transit services, sponsor promotional programs; 2. Financial incentives for using transit that entail either expanded SamTrans services in combination with a Commuter Check Program or Private Shuttle with service to Caltrain, BART and adjacent Terrabay neighborhoods; 3. Integrated bicycle parking and support facilities to reduce trips within the Terrabay area; 4. Reduced supply of parking to discourage driving and preferential, designated and free parking for vanpool and carpool parking spaces; 5. Guaranteed Ride Home program; 6. Promotion of flextime, telecommuting and similar options that allow employees to fulfill their work requirements, but reduce the amount of vehicle trips to the worksite; 7. Project design that promotes walking and pathway connections to nearby neighborhoods; and, 8. Annual City Monitoring and Program Update to assure program success and amendment as necessary to meet the needs of Terrabay Phase III. Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B-1 September 2006 9. Traffic and circulation monitoring at full project buildout and occupancy as required by Traffic Mitigation 3.1-11 of the 2005 SEIR and installation of an internal traffic light if needed. The following is a detailed explanation of each of the strategies listed, including the projected trip reduction where a trip reduction will result from a particular strategy. 1. Transportation Coordinator A part-time on-site Transportation Coordinator will be provided in Terrabay Phase III project and will coordinate the transportation programs and provide information and marketing materials to employees at Terrabay Phase III. The Transportation Coordinator will have a small office in the project, and may be an employee of the building property management organization. The office will include area sufficient to display copies of transportation services and schedules, a bulletin board, a desk, a computer and a telephone. The use may be a shared facility such as in the lobby of a building, or a portion of the property management office. Multiple tenants occupy Terrabay Phase III. Lessee/tenant fees will offset the cost of the Transportation Coordinator service. Each lessee/tenant will be required to designate an employee to serve as a point of contact for the Transportation Coordinator. Each lessee/tenant will cooperate with the Transportation Coordinator to share information about their employees that will be useful to TDM programming (e.g. employee home zip codes and/or cross-streets). Compliance will be required through the lease agreements for office and commercial tenants. The Transportation Coordinator's marketing efforts will include at a minimum the following features: A. Coordination with the services of The Peninsula Traffic Congestion Relief Alliance ("Alliance"). The Transportation Coordinator will assure the availability of the following services of the Alliance (or equivalent services from successor or comparable organizations): Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TOM Program Page B-2 September 2006 1. A web portal with descriptions of all TDM programs, program forms, links to the regional rideshare agency's on- line ride matching system, transit/ shuttle schedule information, and links to transit providers. 11. "Stock" materials (i.e. materials prepared by other agencies) that will be provided to the tenants of Terrabay Phase III. The Terrabay Transportation Coordinator will be responsible for distributing them to employees. 111. Customized materials that explain the TDM program at Terrabay Phase III. The Terrabay Transportation Coordinator will distribute the materials to Terrabay tenants who will in turn be responsible for distributing them to employees on an on-going basis as well as at new employee orientations. IV. An annual transportation event, such as a transportation information fair or piggy-back on a regional transportation event sponsored by the Regional Rideshare Program. v. A quarterly on-line newsletter which provides rideshare information. The Transportation Coordinator will assure that the newsletter is available to Phase III tenants and employees. B. The Transportation Coordinator will hold an annual carpool registration drive to get names into the rideshare matching database. C. The Transportation Coordinator will maintain a permanent information board or kiosk that displays information pertaining to transit and rideshare services, bicycle programs and facilities, and other relevant programs or services. D. The Transportation Coordinator will be responsible for and required to conduct annual audits of the tenants of Terrabay Phase III to insure that rideshare information and matching services are being provided to employees and tenants of Terrabay Phase III. Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B . 3 September 2006 E. The Transportation Coordinator will conduct annual transportation surveys (within a 95% confidence level) to identify the travel needs of the occupants of Terrabay Phase III. These surveys and reports shall be presented to the Planning Commission and City Council through a City Coordinator who will be a designated contact at the City of South San Francisco. F. The Transportation Coordinator will conduct transportation surveys addressing the opinions on the transit service. G. The Transportation Coordinator will orchestrate an annual transportation fair, which may be coordinated through the Alliance (or its successor organization). H. The Transportation Coordinator will submit all required audits to the City Coordinator. 2. Financial Incentives for Usin~ Transit Employees of Terrabay Phase III will be provided convenient access to transit and may receive a significant transit subsidy. Leases will be structured so that tenants shall be required to implement the TDM measures necessary to meet the City's TDM goal. This could include tenant/employer funded transit subsidies. The leases shall be reviewed by the City Attorney and approved as to form with respect to the requirements to the TDM Program. Transit and shuttle stops shall be secure and easily accessible to all tenants and employees. There will be a designated bus and/ or shuttle stop. The expanded transit service and possible subsidy will begin with the "Primary Plan" identified below. An "Alternate Plan", described below, may be substituted for the Primary Plan. The Alternate Plan shall not be implemented without verification by the City Coordinator that parameters outlined below (or substantially equivalent parameters) are being met. ~ Primary Plan Required at Onset of Occupancy: A private shuttle, such as the one that serves the Peninsula Mandalay Condominium Tower, shall be provided. The shuttle program will be funded by tenant/ employer subscriptions. The shuttle would be available to employees and visitors of the Terrabay Phase III development (with no additional usage charge) and Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B - 4 September 2006 would provide a direct connection to Caltrain and BART with frequent service (3D-minute headways). ~ Alternate Plan Based Upon SamTrans Bus Schedules and Services: The Alternate Plan would be for SamTrans to directly serve the site with its regular service and for the tenants of the Terrabay Phase III development to offer Commuter Checks to employees. Commuter Checks are vouchers that would be used to purchase transit passes from any transit agency. Such subsidy would provide employees at Terrabay Phase III with savings in the purchase of SamTrans monthly passes The site is served by regional buses traveling along Airport Boulevard between the Transbay Terminal in downtown San Francisco and points as far south as the Stanford Shopping Center. SamTrans Route 292 provides half-hourly service on Airport Boulevard connecting to downtown San Francisco, the South San Francisco Caltrain Station, and the San Francisco International Airport. SamTrans Route 297/397 provides one- hour headways connecting to downtown San Francisco, San Francisco International Airport and various Caltrain stations. SamTrans Routes 130 and 132 provide 10 to 15-minute headways (combination of both routes to the Airport Boulevard/Linden Avenue stop) local service within South San Francisco and connect to the South San Francisco BART Station. These routes could better serve the Terrabay Phase III development if one or both were re-routed to travel on Sister Cities Boulevard, rather than Linden Avenue. If possible, this service change should be negotiated with SamTrans upon project approval. The Transportation Coordinator will administer the expanded transit program. Funding for the Primary Plan would be an employer-funded monthly subsidy to employees who ride transit three or more days per week. The employer-based subsidy (as described above) will be required as a part of any sale or leasing agreement in the commercial portion of the project The transit subsidy would be provided as needed, to meet the City's TDM goal per the TDM ordinance. Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B - 5 September 2006 The Transportation Coordinator will administer any private shuttle to the Terrabay Phase III development. The shuttle would be funded through the same employer fees described above, however, under this Plan, the collected fees would be used to fund a private shuttle and, thus, might reduce the funding to provide Commuter Checks. 3. Bicycle and Pedestrian Facilities To encourage bicycle commuting, Terrabay Phase III will offer the following bike services: A. Terrabay Phase III will be designed to foster a pedestrian- friendly environment, including generous sidewalk areas, attractive pedestrian plazas and urban streetscape environmen ts. B. The development will provide enough covered, enclosed bicycle parking to accommodate 1.5% of the employee population commuting by bicycle as shown in Exhibit A attached hereto. The development will also provide short-term bicycle rack spaces along the commercial streets as shown in Exhibit A. Bicycle parking will conform with the City's Transportation Demand Management Ordinance (Section 20.120 Municipal Code) and shall be located in a controlled, locked access room or area, monitored by security cameras and within the garage or within 100 feet of an attendant or security guard. C. The South Tower (Phase I) of the development will include two (2) showers, one (1) toilet, one (1) lavatory and an adjoining changing facility for men, as well as two (2) showers, one (1) toilet) and one (1) lavatory and an adjoining changing facility for women Showers and changing facilities shall be provided free of charge to the user. The entry doors to the changing facilities shall be located within 100 feet of an attendant or security guard station. D. The development will provide one (1) clothing locker per 25,000 square feet of commercial building space (at least 13 clothing lockers for Phase I and the balance of 14 lockers added for Phase II), all of which might be located in the South Tower Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B - 6 September 2006 (Phase I). Lockers will be equally dispersed between the men's and woman's changing facilities.). Lockers will also be large enough to hold roller blades. 4. Parkine: Stratee:ies The ground floor components of the project will employ shared parking concepts to reduce the total supply of on-site parking. Preferential parking for carpools and vanpools shall be provided where applicable. Ten percent of parking spaces shall be reserved for rideshare vehicles (minimum of one space) and be located in close proximity to favorable and secure access points. Marketing efforts by the Transportation Coordinator will target all site employees, regardless of their origins. Marketing efforts alone can increase the number of employees using transportation alternatives about one percent (1%). They also enhance the effectiveness of other measures. This enhancement becomes apparent when the remaining strategies in this plan achieve their high-end trip reduction estimates. 5. Guaranteed Ride Home The Transportation Coordinator will work with the Alliance and tenant contacts to register all businesses for the Guaranteed Ride Home (GRH) program. 8. Site Plan Connectivity The Site plan promotes walking and pathway connections to public transit. The Terrabay Phase III site plan includes internal walkways and walkways around the perimeter of the project. The internal walkways lead pedestrians to open space amenities and retail services. The combination of internal and external walkways leads pedestrians to a SamTrans bus stop directly in front of Terrabay Phase III. The onsite amenities, restaurants, and ATM machines will facilitate reductions in vehicle use. Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B - 7 September 2006 9. Annual City Monitorin~ and Pro~ram Update The City will review the annual traffic data and surveys provided by the Transportation Coordinator. The TDM Program will be modified as necessary to become and remain effective in meeting the needs of the Terrabay Phase III project. This monitoring program shall be consistent with the methods and features that are described in Section 1 of this TDM program. The TDM Program shall be memorialized in all tenant lease or sale agreements. Planning Commission Draft Terrabay Phase III Only Specific Plan Appendix B - TDM Program Page B - 8 September 2006 EXHIBIT A -- TOM - BICYCLE AND PEDESTRIAN FACILITIES USE NSF 300,482 11,083 5,000 316,565 EMPLOYEES 1,054 25 11 1,090 NSF 337,945 11,958 o 349,903 EMPLOYEES 1,186 27 o 1,212 Office 1 Commercial2 Childcare Center3 TOTAL NUMBER OF SPACES REQUIRED AT 1.5% OF TOTAL POPULATION 16 18 Notes: 1. Office employee population assumes 285 square feet per person (per CBRE Economic Benefits Analysis dated 8/17/06). 2. Commercial employee population assumes 450 square feet per person (per CBRE Economic Benefits Analysis dated 8/17/06). 3. Childcare Center employee population assumes 450 square feet per person (per CBRE Economic Benefits Analysis dated 8/17/06). USE NSF 300,482 11,083 5,000 316,565 NSF 337,945 11,958 o 349,903 Office Commercial Childcare Center TOTAL NUMBER OF LOCKERS REQUIRED AT ONE LOCKER PER 25,000 NSF 13 14 Planning Commission Staff Report DATE: August 17,2006 TO: Planning Commission FROM: Allison Knapp, Terrabay Consulting Planner SUBJECT: Terrabay Phase III Only Addendum to the Supplemental Environmental Impact Report (2005 SEIR/1998/99 SEIR), Precise and Specific Plan Amendment, Zoning Text and Development Agreement Amendment Owner: Applicant: Site Address: Case No. Myers Development Myers Development San Bruno Mountain P04-0 11 7: EIR04-0002 RECOMMENDATION . Conduct a public hearing on the proposed Terrabay Precise Plan, Specific Plan, Zoning Text and Development Agreement amendments. . Continue the item to the Public Hearing of September 7, 2006 to make a recommendation to the City Council on the Addendum to the Supplemental Environmental Impact Report (2005 SEIR/1998/99 SEIR), Precise Plan, Specific Plan, Zoning Text and Development Agreement Amendments. Staffwill return on the ih with the appropriate resolutions and findings for Planning Commission consideration and action. BACKGROUND The Planning Commission is aware that the mixed-use lifestyle retail project proposed by Myers Development in 2005 was essentially economically infeasible to build most notably due to the extensive site work needed (grading and retaining walls) and the rising overall costs in the construction market. Therefore, Myers is returning with a request to modify the existing office entitlement on the Phase ill site which as currently entitled permits 665,000 square feet of office in one tower, 7,500 square feet of office supporting commercial retail, a shared use I 50-seat performing arts center, a 100-child day care facility, a public art program and 32 moderate income housing units (120% of median) off site (2000 Project). Project Description: The proposed project is the construction of 665,000 square feet of office in two towers, 25,000 square feet of commercial retail use and at a minimum one quality restaurant, a shared use ISO-seat performing arts center, a 100-child day care facility, a public art program and 32 moderate income housing units (120% of median) off site (2006 Project). Please see the following Table 1. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 2 of 14 TABLE 1 2006 TERRABA Y PROJECT Gross Square Feet Net Square Feet PHASE I-SOUTH TOWER Office 313,002 300,482 Commercial 11,544 11,083 Child Care 5,000 5,000 Performing Arts 3,100 3,100 Sub Total Phase I 332,646 319,665 Parking Phase I 962 spaces PHASE II - NORTH TOWER Office 352,026 337,945 Commercial 12,465 11,958 Sub Total Phase II 364,482 349,903 Parking Phase II 1,090 spaces PHASE lAND II TOTALS Office 665,028 638,427 Commercial 24,009 23,041 Child Care 5,000 5,000 Performing Arts 3,100 3,100 Total Phase I and II 697,137 669,568 Total Parking Phase I and II 2,052 spaces Parking is proposed to be predominately in an eight level garage which would include 1,996 spaces. An additional 56 surface parking spaces would be provided for visitors for a total, as noted above, of 2,052 spaces. Parking is proposed at 2.94 spaces for 1,000 gross square feet. The existing approved Terrabay Phase III Specific Plan stipulates a parking ratio of 2.68/1,000 gross square feet and does not include the performing arts shared use, day care or office support retail in the calculation. The applicant has indicated that the project could be built in two phases and that the child care and performing arts center would be provided in Phase 1. There is the possibility that the project could be built entirely in one phase of construction. Architecture The "North Tower" is proposed at 21 stories with its highest elevation at 359 feet above mean sea level. The "South Tower" is proposed at 12 stories with its highest elevation at 250 feet above mean sea level. The highest points noted are to enhance a design element that the applicant states is in response to the concerns expresses by the Design Review Board and Planning Commission during their joint study session on the proposal August 1,2006. The proposed changes are outlines in the following text. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 3 of 14 1. The translucent fin that runs up the North Tower now has a diagonal geometry, sloping back to the south as the building rises. 2. The translucent fin that runs up the South Tower now has a diagonal geometry, sloping forward and cantilevering to the south as the building rises. 3. The highest point of each building is where the fin meets the parapet; the height of the parapet varies and undulates around each building. 4. The South Tower is proposed to be 27 feet seven inches wider than before to better screen the garage. The south facade (in plan view) now has a subtle and visible new inward curve. This refmement creates a point of differentiation from the design of the North Tower. The South Tower also is now 12 stories instead of 13 stories. The increase in width on the tower does not alter the site circulation pattern. 5. The north and east facing elevations of both Towers are smooth, minimalist curtainwalls with a very high percentage of vision glass. As the curtainwalls transition around the buildings from east, to north, to west, and south, the curtainwall becomes increasingly complex and detailed, with an increasingly dense series of horizontal aluminum elements that provide solar shading, and cast interesting shadows onto the facades. This transition of the fa9ade creates a contrast where the curtainwalls overlap at the diagonal fins. 6. In each office tower, there is a single "punched" area that occurs only once on the lower floors. These emblematic spaces provide an accessible balcony space for a tenant on that lower floor of the building. Staff recommends that the Terrabay Specific Plan Zoning District text be amended to allow maximum heights for the two towers to be 360 feet above mean sea level (North Tower) and 275 feet above mean sea level (South Tower) in order to provide flexibility in architectural detail and to allow an increase in floor level of the South Tower which would correspondingly relate to a decrease in the height of the North Tower. Landscape Architecture According to Cliff Lowe and Associates, their plant selection process began with reference to plant lists compiled by Friends of San Bruno Mountain, and the "Flora of San Bruno Mountain" by the Santa Clara Valley Chapter of the California Native Plant Society. The Mandalay Terrace project includes two planting zones; the steep hillside where "restoration" plantings are proposed, and the plaza surrounding the proposed two new buildings where a more "ornate" landscape palette is proposed. The plants selected for the hillside must therefore be particularly adaptable to the site. Native species such as Toyon and Coyote Bush, which are plants currently thriving on the mountain, is the landscape palette proposed for the hillside areas. Coast Live Oak, a native tree which is well-suited to the site and Afghan Pine, a tree recommended to us by the City of South San Francisco Design Review Board are also proposed for the hillside areas. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 4 of 14 Other native shrubs and grasses, such as Manzanita, California Fescue and other grassland species, are proposed to fill out the hillside planting scheme. The plaza area is defined by the Brisbane Box tree. Although it is not a native, it is suited to the conditions of the site and is an attractive, upright evergreen tree with flowers in summer and proper scale with the buildings, auto plaza and pedestrian spaces. The plaza shrub areas are proposed to be based on a native plant palette so that it will be in keeping with the mountain landscape, use minimal water, and tolerate the windy conditions of the site. More ornamental plants are proposed to be used as transitional plantings between the more heavily used pedestrian areas. Additionally, since pedestrian areas would receive more maintenance and be a major part of the experience of the project, the plants selected are more refined. Flowering native shrubs such as Ribes, Penstemon, and Santolina define the primary pedestrian spaces of the project. The slope between the plaza and Bayshore Boulevard is conceived as meadow of native grasses and flowering perennials, including California Fescue, Deer Grass, Pacific Coast Iris and California Poppy, and curving bands of Ceanothus, an attractive, mounding shrub with purple flowers. DISCUSSION Environmental Documentation Staff is preparing an addendum to the 2005 Supplemental Impact Report (2005 SEIR) which tiers from the 1998/99 SEIR. The Addendum will be presented to the Planning Commission on September 7, 2006. Crane Transportation Group conducted a traffic analysis of the proposed project and compared it to the impacts and mitigations identified in the 2005 SEIR. No significant unavoidable impacts are identified. The proposed project has similar impacts to the 1998/99 SEIR and in every case impacts that are substantially less than those identified in the 2005 SEIR. Staff is preparing an Addendum to the 2005 SEIR for Planning Commission review on September 7, 2006. Previous/Current Actions and Certifications Design Review Board and Planning Commission Comments Joint Study Session: The Design Review Board and Planning Commission conducted a joint study session on August 1, 2006. In summary the Design Review Board stated that it has been more a site planning issue and a concern that the office buildings should be on the East side of 101 and not on the Terrabay Phase III site. The Design Review Board stated that architecture is high quality and some members stated that the architects did a "terrific" job in responding to the issues the Board brought forth. A comment was made about terracing the North Tower to make it more sensitive to the Mountain. Favorable comments were made with respect to the landscape plan. One Board member stated that Mr. Lowe's planting plan ties the building to the Mountain and would like to see legal obligations on the owner to for performance of the landscaping for 10 years henceforth to assure the establishment and success of the plantings. (Note: Staff will include a condition of approval to this affect in the September 7, 2006 staff report). Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page S of 14 The Planning Commission stated that the parking garage should be screened more than is shown, consideration should be given to placing the office tower on top of the parking structure and concern that two office buildings will not support the retail. Some Commissioners stated that the architecture did not look "signature", expressed a desire to see the landscaping "through the building" and that the building needs to twist with the landscape and show movement. One Commissioner stated that the architecture is "great" but does not like the proposed location of the North Tower and that office should be east of 101. One Commissioner stated that the performing arts facility should be larger. Planning Commission Sub-Committee Meeting: Two members of the Planning Commission sub- committee met and reviewed the 2006 Project on July 26, 2006. One member, Commissioner Romero, stated that the two towers did not compliment one and other and that office is not an appropriate use of the site. Commissioner Romero also stated that the site would be a ghost town at night. Commissioner Romero also noted that the 2006 Project is "much better" than the 2000 Project. Commissioner Honan stated that the 2006 Project is "defmitely better than the existing entitlement". Commissioner Honan expressed concern that the retail uses need to be high quality and that the performing arts facility should be larger. Habitat Conservation Plan Conformance The boundaries of the Terrabay Specific Plan Area were found by the City Council to be in compliance with the Habitat Conservation Plan (HCP) on May 12, 1999 (City Council Resolution #64-99). The compliance hearing was conducted pursuant to federal statute which included review by U.S. Fish and Wildlife Service, State Department of Fish and Game, the County of San Mateo and Thomas Reid Associates (Plan Administrator). The review period and certification hearing was noticed pursuant to federal, state and local requirements. The Terrabay Plan boundaries and limits of grading included Phase III as well as the Preservation Parcel. The Preservation Parcel was designated as permanent open space by the City Council on November 24, 2000. (Resolution #48-2000). The dedication of the land and conveyance to the County of San Mateo for inclusion in San Bruno County/Sate Park furthered the objectives of the HCP. The conveyance and protection of the land preserved wetlands and critical butterfly habitat. The proposed 2006 Terrabay Phase III Only Precise Plan identifies limits of grading on approximately 13 acres of land which is within the developable area of the remaining 21 acres of Terrabay Phase III. The proposed limits of grading conform to the HCP fence. Ms. Autumn Meisel Thomas Reid Associates reviewed the proposed Phase III project limits and found them in compliance with the 1999 HCP Certification hearing (July 12, 2006). Airport Land Use Plan Compliance The Terrabay Phase III Only project site is not located within the current Airport Land Use Commission (C/CAG) Airport Influence Area (AlA) boundary for the San Francisco International Airport (Richard Newman, C/CAG letter dated October 14, 200S and Dave Carbone, letters dated June 16, 2005 and Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 6 of 14 November 22, 2005). Therefore ALUC compliance review is not required. Additionally, office land uses are not considered a "noise sensitive" land use. EVALUATION Performing Arts Facility The performing arts center has been increased from a 1 50-seat (2,080 square foot) shared facility to a 200- seat (3,100 square foot) shared facility, in response to Planning Commission and Steering Committee comments. The stage is proposed to be 720 square feet with an additional 300 square feet of storage. An additional shared use pre-function area (office lobby and performing arts pre-function) of 4,500 square feet is also proposed. The 2000 Project included a 5,000 square foot performing arts facility with pre-function area. Staff recommends a minimum of eight dedicated theatre lights and a dedicated theatre control booth be provided in the performing arts facility, which is comparable to that proposed in 2005. An "operations agreement" should also be a condition of approval for the performing arts facility. The agreement between the developer and its successors or assigns and the City should at a minimum identify that the facility will be free of charge to the City and/or community arts groups for performances and functions as well as the number of times per year that it shall be available to those groups. The Planning Commission may desire to discuss this issue and provide direction with respect to the items or furnishings the developer should install in the facility. Staff, based upon the Commission's direction, will prepare conditions of approval accordingly. Child Care Facility The 2006 Project plans for a 100-child care facility within 5,000 square feet of indoor space and 7,500 square feet of outdoor play area. Myers development indicates that they will provide a plan within the 5,000 square feet of area proposed for a presentation to the Planning Commission during the August 1 ih meeting. Myers has indicated that the interior space may be increased if necessary to accommodate a 100- child facility that is state licensed. The 2000 Plan was sized for 9,000 square feet of interior space and 4,000 square feet of exterior space. Staff will be crafting a condition of approval for the September ih staff report that will require the applicant to submit evidence sufficient to the Chief Planner and Building Official that the space as designed or expanded is adequate to meet state licensing. The evidence may require a letter from the state. A construction phasing plan that mitigates any impacts to the child care center will also be required. Restaurant and Business Quality An important element of the project is the quality of the retail and the restaurant(s). Good quality restaurants and retail will bring consumers to the site nights and weekends as well as provide services for the office users during the week. Businesses such as Baja Fresh, Starbucks, Peets Coffee and Tea, The Cheescake Factory, Gordon Biersch, Jamba Juice, Pasta Pomodoro, Wolfgang Puck, Kulettos and II Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 7 of 14 Fornaio are higher end well-performing businesses appropriate for the site. Specialty services such as computer stores or bookstores would also be appropriate support uses. The Terrabay Specific plan Zoning District could be amended to identify types of office support and area serving retail uses that are permitted. The language could also state that: These types of retailers or their equivalent are permitted. Significant deviations from these types of retail uses, as determined by the Chief Planner, may not be permitted or may require a Conditional Use permit. The applicant will be required to demonstrate how the proposed use is substantially equivalent to the uses and retailers listed above. 32 Moderate Income Units The 2000 Project was approved with the requirement to provide 32 units of moderate (120% of median) housing. The 2006 Project proposes 32 units of moderate income housing off-site to be under construction prior to issuance of a certificate of occupancy (C of 0) for the Phase I office tower. The conditions of approval will also require that the 32 units of moderate income housing be under construction prior to a C of 0 on the Phase I office tower. The conditions of approval could also include stringent performance requirements such as: 1. Requiring the units to have a C of 0 prior to a C of 0 being issued for the office tower; or 2. Requiring a fiscal penalty ifthe units are not completed within a stipulated amount oftime after issuance of a C of 0 for the office tower; or, 3. Requiring a performance bond for the completion of the units (C of 0) at a stipulated time with the City's ability to call the bond should the units not be completed within the stated period oftime. Staff offers these ideas to initiate discussion and is requesting direction from the Planning Commission. Public Art Program Public art is not shown on the plans but is described in general in the 2000 Final Terrabay Specific Plan. Mr. Myers will be presenting some public art concepts at the meeting ofthe 1 ih of August. Development Agreement The Office of the City Manager, City Attorney and City Council are discussion points of the Development Agreement (DA). The DA would address (at a minimum) the provision of the 32-moderate income housing units, performing arts facility, day care and restaurant and retail quality. All of these items can be addressed in the conditions of approval for the project and the zoning ordinance. The Planning Commission may want to identify issues to be addressed in the DA. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 8 of 14 Project Phasing Myers Development has indicated that the South Tower would be constructed first if the construction were to be phased. Members of the Design Review Board expressed concern with the order of phasing, given that the South Tower does not necessarily have the architectural impact that the North Tower expresses. Additionally, the two towers work in tandem as an architectural statement. Therefore, there is a concern that the South Tower may be constructed and the North Tower may not follow for years, or may never be constructed. The Planning Commission may want to address this issue. Parking Requirements A key component to the reducing vehicle trips from a land use is the reduction of the parking supply at the site. The City's Transportation Demand Management (TDM) Ordinance identifies parking supply reduction as an element of such a program and it is included in the proposed TDM Plan discussed below. The 2006 Project proposes 2.94 parking spaces for every 1,000 square feet of use (2.94/1,000). The approved 2000 Final Terrabay Specific Plan stipulates a 2.68/1,000 square feet. The Institute of Traffic Engineers (ITE) recommends a ratio of 2.79/1,000 for office buildings in excess of 100,000 square feet with no TDM Program in place. The City has approved parking ratios of 2.68/1,000 to 3.2/1,000. The proposed 2.94 is not out of line however, 2.79 for the office use and 75 additional spaces for the commercial uses for a total of 1,930 parking spaces would be more aggressive(i.e., closer to a 2.8/1,000). Transportation Demand Management Program Every aspect identified in Schedule 20.l20.030-B: Summary of Program Requirements (Zoning) of the City's TDM Ordinance is incorporated into the TDM for the project. In particular the TDM Plan requires: . Defined Targeted Project Marketing Program to local residents, employers and employees to reduce aggregate trip generation and travel distances; . Transportation Coordinator who will oversee the TDM Program and perform audits, facilitate ride sharing matching, maintain and update bulletin board and kiosk for transit services, sponsor promotional programs; . Financial incentives for using transit that entail either expanded SamTrans services in combination with a Commuter Check Program or Private Shuttle with service to Caltrain, BART and adjacent Terrabay neighborhoods; . Integrated bicycle parking and support facilities to reduce trips within the Terrabay area; Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 9 of 14 . Reduced supply of parking to discourage driving and take advantage of shared-parking opportunities generated by mixed use development, the use of valet parking and designated and free parking for vanpool and carpool parking spaces; . Paid parking; . Guaranteed Ride Home program; . Promotion of flextime, telecommuting and similar options that allow employees to fulfill their work requirements, but reduce the amount of vehicle trips to the worksite; . Project design that promotes walking and pathway connections to mixed use facilities that provides goods and services; and, . Annual City Monitoring and Program Update. Already installed as a part of the Oyster Point Flyover and Bayshore Boulevard improvements is a south bound bus pull out in front of the project site and crosswalks. The applicant proposes to install additional sidewalks to provide pedestrian linkages to transportation. The draft TDM Program is included in the 2000 Final Terrabay Specific Plan and will be modified as required by Ordinance to create a final TDM Program. The final TDM Program will include the items identified above which are from Appendix B the 2005 proposed Terrabay Phase III Only Specific Plan. Specific Plan Amendment State Law Requirements California Government Code Section 65451 governs the content of specific plans. The requirements include a text and diagram which specify all of the following in detail: 1. The distribution, location, and extent of the land uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 3. Standards and criteria by which the development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 10 of 14 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2) and (3). 5. The specific plan shall contain a statement of the relationship of the specific plan to the general plan. The proposed precise plan contains this information along with the existing approved 2000 Final Terrabay Specific Plan. Should the Planning Commission and City Council approve the project a direction will be recommended in the resolution to instruct staff to make the modifications to the 2000 Final Terrabay Specific Plan (text and diagram) that reflect the precise plan as approved. Proposed Specific Plan Conformance with the General Plan The proposed land uses identified in the Terrabay Phase III Only Specific Plan conform to the City's General Plan as discussed in the following section of this report. Project Conformance with the General Plan The proposed precise plan and specific plan amendment conforms with and implements the following General Plan policies. Chapter 2.6 Land Use Policies Guiding and Implementing Policies 2-G-l: Preserve the scale and character of established neighborhoods, and protect residents from changes in non-residential areas. Analysis: The proposed project will be a part of South San Francisco but will not be in the middle of an established neighborhood or community with San Bruno Mountain as a backdrop, Sister Cities Boulevard and Terrabay Phase II to the west and south, and Airport Boulevard and Highway 101 to the east. The Project will compliment the existing land uses in the area and the City. The proposed uses will not detract from the City's existing commercial base but compliment it by providing office uses, and office supporting and area-wide retail uses on the site. 2-G-2: Maintain a balanced land use program that provides opportunities for continued economic growth and building intensities that reflect South San Francisco's prominent inner bay location and excellent regional access. Analysis: The site has immediate access to Highway 101, San Francisco, the peninsula and the airport which will provide local and area-wide clientele for the project which will add to the City's tax base and Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 11 of 14 support the office use. The Project proposes office and retail land use with a 0.78 FAR under the 1.0 FAR maximum for Business Commercial land use designations with structured parking. 2-1-4: Require all new developments seeking an FAR bonus set forth in Table 2.2-2 to achieve a progressively higher alternative mode usage. Analysis: The TDM measures identified in Schedule 20.120.030-B: Summary of Program Requirements (Zoning) of the City's TDM Ordinance is incorporated into the TDM program for the project. 2-1-13: As a part of development review in environmentally sensitive areas require specific environmental studies and/or review as stipulated in Section 7.1: Habitat and Biological Resources Conservation. Analysis: The proposed project has undergone extensive environmental review as discussed above in this report. Biological surveys are required annually prior to site development. The Preservation Parcel, containing critical species habitat, was conveyed to the County for inclusion in San Bruno Mountain CountylState Park in April 2004. Remainder parcels are landscapes with seed mix approved by the HCP Administrator as appropriate for the butterfly. Three land restoration and preservation plans have been approved as part of the project and restoration work has occurred and is nearly complete. The plans include the Juncus Parcel, the Preservation Parcel and the Buffer Parcels along with the perimeter of the Mandalay and Phase III parcels. Chapter 3: Planning Sub-Areas Element: Paradise Valley/Terrabay Guiding Policy 3-8-G-2: Improve accessibility to neighborhood shopping opportunities. Analysis: The project proposes office, restaurant and retail land uses and a performing arts center. Chapter 4: Transportation Guiding and Implementing Polices 4-2-G-7: Provide a fair and equitable means for paying for future street improvements. Analysis: The project sponsor contributed land and $8.5 million to construct the hook ramps. 4-2-1-6: Incorporate as part of the City's CIP needed intersection and roadway improvements including Bayshore Boulevard and u.s. 101 Hook Ramps Analysis: The project sponsor contributed to the construction of the hook ramps and Sister Cities Boulevard. The Oyster Point Flyover and Hook Ramp construction is complete. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 12 of 14 4-3-G-2: Provide safe and direct pedestrian and bikeways between and through residential neighborhoods, and to transit centers. Analysis: The proposed project includes pedestrian walkways to Airport and Sister Cities Boulevard and to the bus stop on Airport Boulevard. 4-3-G-3: In partnership with local employers, continue efforts to expand shuttle operations. Analysis: The project implements a shuttle service for Peninsula Mandalay. The shuttle service will be expanded to cover the Phase III proj ect. 4-3-1-4: Require provision of secure and covered bicycle parking. The project as conditioned includes several locations with covered and locked bicycle parking. Chapter 5: Parks, Public Facilities and Services Implementing Policy 5-1-G-5: Develop linear parks in conjunction with major infrastructure improvements and along existing utility and transportation rights-ol-ways. Analysis: Terrabay Phase I and II include a linear park. The park terminates within the Phase ill site. The project includes a trail to the western portion of the site for an overlook area. Chapter 6: Economic Development Guiding and Implementing Policies 6-G-1: In partnership with business and community groups, proactively participate zn the City's economic development. Analysis: Terrabay has had a long (25 year plus) history that has been controversial. Beginning in 1999 through to the present, much of the controversy has been abated largely as a result of the following actions: · The Planning Commission and City Council designated the Preservation Parcel as permanent open space. · Myers Development, City leaders and City staff worked with community groups to address the restoration and preservation of land and habitat. As a result of this effort, the results of the restoration are being used as examples of success by U.S. Fish and Wildlife, San Mateo County Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 Page 13 of 14 and Thomas Reid and Associates. San Bruno Mountain Watch, in a comment letter on the 2005 SEIR also lauded the restoration of the Preservation Parcel. . Myers and the City, in particular the City Council and Planning Commission sub committee worked to develop a land plan that in the words of one sub committee member, "makes economic and land use sense". The project proposes an office and retail land use that will bring tax revenues to the City, provide for police and fire services and pay for its own infrastructure. Chapter 7 Open Space and Conservation Guiding and Implementing Policies 7-I-G-l: Protect special status species and supporting habitats within South San Francisco including species that are state or federally listed as Endangered, Threatened or Rare. The driving factor in clustering the project for Phase III on the "Development Parcel" (formerly the Office Parcel) is the protection of 26 acres (the Preservation Parcel) for species habitat preservation. Terrabay Phase III was approximately 47 acres in area prior to the designation of the Preservation Parcel as open space and the Buffer Parcel as a buffer zone. The Preservation Parcel contains over 1,000 Viola Pendunculata which is the food plant for the endangered Callippee silverspot butterfly. The Preservation Parcel also preserves the archaeological site and wetlands in perpetuity. 7-I-G-l: Protect and where reasonable and feasible special status species and supporting habitats within South San Francisco including salt marshes and wetlands. The proposed Eroject includes wetlands restoration on the Preservation Parcel. Phase III Terrabay affects less than 1/10 an acre of seasonal streams and has an approved U.S. Army Corp of Engineers Wetland Restoration Plan. The City is mitigating the 0.83 acre take of wetlands for the hook ramp project on the Preservation Parcel. The project proposes to incorporate water features and a History Walk on the site to honor the seasonal creeks and streams. CONCLUSION Continue the item to the September 7, 2006 Public Hearing to make the recommendation to the City Council. Staff will return on the 7th with the draft Addendum and final SEIR and appropriate resolutions and fmdings for Planning Commission consideration and action. Staff Report Subject: Terrabay Phase III Only SEIR, Specific Plan, Precise Plan, Zoning Text and Development Agreement Amendment August 17, 2006 By: .' Alliso~~Planning Consultant Page 14 of 14 Attachment: Architectural Drawings ~'tR SAN J;: S- ~~-~~'t >..~.... t: flllI~.{~~~~ll~ ~ o~"~:o ~ ~-<1 ijro;o~,-~ SPECIAL JOINT MEETING PLANNING COMMISSION DESIGN REVIEW BOARD MINUTES August 1, 2006 Ofell CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION 1. CALL TO ORDER 7:30 p.m. TAPE 1 2. ROLL CALL: Planning Commissioners Present: Commissioner Giusti, Commissioner Prouty, Commissioner Sim, Commissioner Teglia, Vice Chairperson Honan and Chairperson Zemke Planning Commissioners Absent: Commissioner Romero Design Review Boardmembers Present: Boardmember Harris, Boardmember Nelson, Boardmember Nilmeyer, Boardmember Ruiz and Boardmember Williams Design Review Boardmembers Absent: None Staff Present: Acting Chief Planner Kalkin, Consultant Planner Knapp, Admin. Asst. II Aguilar, Planning Liaison - Sergeant Normandy and City Engineer Razavi 3. ORAL COMMUNICATIONS- comments are limited to items on the Special Meeting Agenda 4. Study Session - Terrabay Phase III Mandalay Terrace project Jack Myers, Michael Duncan and Cliff Lowe presented the new proposal to the Planning Commission and Design Review Board. Boardmember Nilmeyer felt that the building belonged in the East of 101 Area because all the office towers are located in this area. He noted that he could not justify the locations of the buildings at this point. He suggested that a smaller scale development that terraces into the hillside could work better on the site. Boardmember Ruiz noted that the applicant had responded to many of the Boards comments. He concurred with Boardmember Nilmeyer in that the project would best fit in the East of 101 Area. He also noted that the Peninsula Mandalay tower would be more visible if this current proposal weren't built. He was concerned with the phasing of the project because the smaller building is scheduled to be built first without a guarantee of when the taller tower will be built. Mr. Myers noted that he has the opportunity to phase the development and projects that once the first building is 70% leased they will commence the second building. Boardmember Williams pointed out that the first iteration of the project was not to the Design Review Board's liking but some changes have been made in terms of people space, circulation and other issues. He noted that the buildings will be very prominent and that the 21 story building is a signature building. He suggested that the signature building needs more detail and should be more of a landmark to the City, like the Transamerica Building in San Francisco. He noted that the architecture should be making a statement and drawing positive comments to the development. Planning Commission Meeting of August 1, 2006 .fllI Boardmember Harris also pointed out that the project improved from the first time the Design Review Board reviewed it. He recommended that the building needs to be integrated with the landscaping and that there needs to be a legal obligation to ensure that the planting is maintained. He noted that it is a difficult site for the landscaping to survive on and that there needs to be a maintenance program to mitigate any environmental impacts for the project as well as a monitoring program to ensure the survival of these plants. Boardmember Nelson noted that the applicant redesigned the project in response to the Board's comments. He felt that Airport Boulevard serves as a buffer for the building to not look so massive on the mountain and out that there are medians on the center of the street and rows of trees should be added to soften the area as well as keep the landscaping continuous with what is further south on Airport Boulevard. He suggested that the developer should go back and look at the landscaping of the Peninsula Mandalay tower and revise it because most of the plants are not being successful as first projected. Commissioner Teglia noted that trying to tie the project with the residential tower is not a good idea. He noted that some of the examples of Skidmore's buildings were much cleaner. He added that the developer needs to move away from the green building skin and move towards a blue that articulates the architecture better. He explained how the original entitlements for the project had the buildings tucked back into the mountain. Commissioner Teglia added that the parking is good in its location and added that it could be hidden more by widening one of the two towers, decreasing the height of the parking structure and adding curves to the architecture of the other buildings to hide the garage. He pointed out that two office towers would not be able to keep retail alive and they need a critical draw to keep the retail alive such as a movie theater. Mr. Myers noted that they will bring forward the curtain wall system at the next meeting and pointed out that the theatres and top of the market retail is not a feasible for them. He added that they are looking at uses that will be supported by office, such as are Starbuck's and Jamba Juice type uses. Commissioner Prouty noted that the Peninsula Mandalay tower stands out and was uncomfortable with the current proposal because it will also stand out. He stated that the taller building should be set into the mountain and blend in with it more. He further noted that this building needs more to become a signature building of the City. Commissioner Giusti pointed outh that the tall building will look very large as people approach it. She added that the performing arts theatre should seat more than 150 people. Mr. Myers pointed out that Vice Chairperson Honan had also asked for more seating at the theater and is looking into the feasibility of this. Commissioner Sim questioned if they had evaluated other ideas with regards to the core. Mr. Myers stated that depending on the use of the building a side core is inefficient. Mr. Duncan added that they wanted to have a vertical expression on the tall building. Commissioner Sim noted that although this is an office building, a unique and creative design could be given to it which makes it an entryway into the City as well as gives a lasting image to the City. Commissioner Sim pointed out that the Lowe's proposal changed from a big box retail look to an office look by adding certain details. He stated that the illumination of the fa<(ade is a good start. He added that the first building should be reflected or inflected based on the topography and relate more to the landscaping. Mr. Myers noted that the appearance of the building is a result of the comments by the Design Review Board and they are going to refine the appearance more based on the comments of the Commission. Commissioner Sim asked if there was another retaining wall. Mr. Duncan noted that they needed to move the retaining wall further in order to accommodate the fire department requests for turnarounds at the cul- de-sac. He added that the wall is from 15 to 20 feet high. Commissioner Sim was concerned with the height of the retaining wall and asked that the fire department explain their need for it. Consultant Planner Knapp noted that the Fire Department looked at the plans and has approved them as shown to the Commission. She pointed out that the cul-de-sac was created as a response to the Fire Department's issues. Mr. Myers added that the landscaping and the stone that will be installed will buffer the impact. S:\MLvcute<;\02-0:l-00 JOLvct PC-DR"&.ctoc p~ge :2 of 3 Planning Commission Meeting of August 1, 2006 Dratl Commissioner Sim noted that he can see the parking between the buildings and suggested that the architect include a mechanism to be able to see it through the building. Commissioner Teglia asked if there was roof parking in the parking structure. Mr. Myers replied affirmatively and added that they have developed a pattern on top so that the individuals looking down on the parking structure can see something other than a pad of concrete. Commissioner Teglia asked if there would be landscaping on the parking structure. Mr. Myers noted that it is difficult to install landscaping. Commissioner Teglia added that the parking structure will be prominent and will be visible from those traveling on the hookramp. He suggested that the applicant look into softening the visual impact it has from various points. Mr. Myers pointed out that they moved the building in response to the comments of the Design Review Board and also widened the building's size. Mr. Duncan added that one of the reasons they dropped the building was to obscure more of the parking garage. Commissioner Teglia suggested tiering the buildings. Mr. Myers noted that they will take the Commission's comments and return with a revised set of plans. Commissioner Teglia noted that the Commission is looking for something that has less mass and that will be a signature building for the City. Chairperson Zemke stated his appreciation for the Design Review Board's comments on the proposal and noted that the landscaping is key to the development. 5. Adjournment Joint Design Review Board and Planning Commission meeting adjourned at 8:39 p.m. Susy Kalkin Acting Secretary to the Planning Commission City of South San Francisco William Zemke, Chairperson Planning Commission City of South San Francisco SK/bla s:\MlvcC{tes\02-0:l-0b Jolvct PG-bRf'"cloc p~ge 3 of 3 ~'tR SAN p. ~ Co~.~~11~ o ~"",," () >-t --.11i' ~ Eo-< . I .~ !11!1 it (Jl _ I 1..,1...."..9!1 - () ()~,~O '!P~ ~".,,~- (\~~ 4lIFOV.~'\ MINUTES August 17, 2006 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION ... ..,...... 11% 1 ..,'........'...'.'.......'... . , ,-.. 'c .,- .- '; " ;' ~ ~'- ,; .'.' CALL TO ORDER I PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: TAPE 1 7:30 p.m. Commissioner Giusti, Commissioner Prouty, Commissioner Romero, Commissioner Sim, Commissioner Teglia, Vice Chairperson Honan and Chairperson Zemke ABSENT: None STAFF PRESENT: Planning Division: Susy Kalkin, Acting Chief Planner Steve Carlson, Senior Planner Mike Lappen, Senior Planner Girard Beaudin, Associate Planner Chadrick Smalley, Associate Planner Allison Knapp, Consultant Planner Bertha Aguilar, Admin. Asst. II Peter Spoerl, Assistant City Attorney Ray Razavi, City Engineer Sergeant Alan Normandy, Planning Liaison City Attorney: Engineering Division: Police Department: CHAIR COMMENTS AGENDA REVIEW No Changes ORAL COMMUNICATIONS None CONSENT CALENDAR 1. Regular meeting minutes of July 20, 2006 2. First Baptist Church of SSF/applicant First Baptist Church of SSF/owner 600 Grand Avenue P06-0022: UP06-0007, DR06-0019 & VAR06-0001 (Recommend continuance to the meeting of September 7,2006.) Use Permit, Design Review and Variance to allow relocation of a playground for a private school, including a 4.5 foot tall fence and outdoor play structure, which encroaches into both the public right-of-way and the minimum required 15 foot front setback on a site located at 600 Grand Avenue in the R-3-L Multi-Family Residential Zone District in accordance with SSFMC Chapters 20.20, 20.73, 20.82 & 20.85. Motion Prouty I Second Sim to approve the Consent Calendar. Commissioner Teglia and Commissioner Romero abstained from approving the minutes. PUBLIC HEARING 3. MANDALAY TERRACE - Terrabay Phase III Mandalay Terrace (PHIIII Bayshore Blvd) Planning Commission Meeting of August 17, 2006 I." "d' ..... . ~.. g ;. } .....:.....'... ..' ..... ',' " , " . ~ . . ,,": .-.-.." ."',' -.-' Myers Development Co. LLC fOwner & Applicant San Bruno Mountain - Bayshore Blvd P06-0073: PP06-0002, SP06-0001, DR06-0060, ZA06-0001, DAA06-0001 & EIR04-0002 Precise Plan, Specific Plan, Design Review, Zoning Text Amendment, Development Agreement Amendment and Final Environmental Impact Report with Addendum for a re-entitlement of an existing 665,000 square foot office building to allow the office square footage to be constructed in two towers and an increase in commercial uses. The project would consist of: 665,000 square feet office in two high rise towers (352,000 and 313,000 square feet), 25,000 square feet of commercial space, a 100-child day care center and a 150 seat performing arts center shared with office space. Public Hearing opened. Consultant Planner Knapp gave a brief staff report and noted that the City's Traffic Engineer is present to answer any question the Commission might have. Jack Myers of Myers Development Company, Michael Duncan, and Cliff Lowe gave a presentation on the changes made to the proposal as a response to the Commission's comments of the August 1, 2006 study session. Del Schembari spoke in favor of the project and added that the smaller footprint is much better. He was concerned that the high rise would not have a breakroom on each floor and noted that it was important to have this. Commissioner Teglia asked for some discussion on the screening and blending of the parking structure. Mr. Myers noted that they lowered smaller building and widened it by 27 feet to cover more of the garage. He added that they articulated more of the fa<;ade of the garage creating a bay window effect. Commissioner Teglia added that the developer could include a glass screen wall on the corner and try to tie the view between the two buildings. Chairperson Zemke asked if the development would create a wind tunnel between the two buildings and if this had been looked into. Mr. Myers noted that they were asked by the Design Review Board to perform a wind study. The wind study found the need to relocate the tower that is now located on the north and noted that the new position of the building did not have too much wind impact. Chairperson Zemke also questioned if the plant species to be used will be adaptable to the wind conditions of the area. Cliff Lowe, Landscape Architect, noted that all the plant species chosen will withstand the wind conditions and the soil type. Chairperson Zemke asked how tall the trees along Airport Boulevard would get once they are fully matured. Mr. Lowe noted that the tree types are going to be the London Plane Tree and will be the same type that is along the southern part of Airport Boulevard and will get as tall as 40 to 45 feet. Commissioner Giusti asked who would be contracting the stores that would go into the retail portion of the project. Mr. Myers noted that they have retained the services of Cushman & Wakefield to outreach to retailers and added that there already is a tremendous amount of interest in getting into the development. Vice Chairperson Honan noted that the performing arts center would be in the south tower which is the smaller of the two. She asked what the hours of operations for the performing arts center would be. Mr. Myers responded that the performing arts center is going to be subject to a lease agreement between the owner and the City for a specific use rights. Vice Chairperson Honan questioned who would prepare the use agreement. Consultant Planner Knapp noted that an use agreement would be entered into between the City and the applicant. Vice Chairperson Honan pointed out that the City should be able to have top priority in terms of the use of the center. Vice Chairperson Honan asked if the seating would be folding chairs or theatre seating. Mr. Myers noted that they have been working on all the details and will return with those on September 7,2006. Vice Chairperson Honan asked who pays to maintain the performing arts center. Mr. Myers noted that the S:\M"""uteS\02-1.;r-Ob RPG.doc Pl1ge :2 Df 5 Planning Commission Meeting of August 17, 2006 1...'.............1. '.......... .;..... .;.. ;-~_;~',~j_t < ~ owner of the building maintains the performing arts center but the use of the center for the City is free of charge and the number of days of use throughout a year is going to be outlined in the use agreement. Vice Chairperson Honan questioned how large the storage area would be. Mr. Myers noted that it is about 300 square feet in size. Commissioner Giusti questioned if the dressing rooms would be included in the storage space. Mr. Myers noted that he would return with the details of the performing arts center on September ih. Vice Chairperson Honan asked what the size of the childcare facility was on the inside and outside. Mr. Myers noted that the play area is 7,500 square feet and the interior 5,000 square feet interior space. Consultant Planner Knapp noted that the 2000 project approval had a 9,000 square foot area in the interior and the staff report stated the difference in size. Vice Chairperson Honan questioned why the childcare center lost 4,000 square feet. Mr. Myers noted that they researched all the State requirements and they current proposal meets the minimum requirements. Andrew Kawahara, Myers Development Project Manager, noted that the State of California's minimum requirements for open space per child are 35 square feet and they allocated 50 square feet per child. Vice Chairperson Honan asked what kind of public art the developer was going to propose. Mr. Myers noted that they have a group of artists with whom they work and will make sure that there is quality art in the development. Vice Chairperson Honan noted that some projects have had a stipulated dollar amount on public art. Mr. Myers noted that they would prefer not to have a dollar amount on the public art and would rather look for the best price since they will have several pieces throughout the development. Vice Chairperson Honan pointed out that there is only one picture that shows the top of the Peninsula Mandalay tower and asked for more pictures to help her visualize the new proposal with the current tower. Mr. Myers noted that he will work on getting a photomontage of the area which will give the Commission a better idea of what the project will look like with the surrounding buildings. He also stated that they will have the materials from the Peninsula Mandalay and the materials that will be used in the new proposal to help the Commission visualize the difference in colors. Vice Chairperson Honan stated that she would prefer the project to be built in one phase rather than two. Commissioner Prouty reiterated Vice Chairperson Honan's comments with regard to phasing and public art. He asked for the distance between the fin and the building structure. Mr. Duncan noted that it is a 10 foot distance and a height of about 30 feet. Commissioner Prouty asked if the design was buildable. Mr. Myers noted that they have hired Hathaway Dinwiddie as the contractor and are confident that this is going to be built as shown to the Commission. He added that he will show the Commission some examples of public art. Commissioner Prouty noted his concern with the height of the taller tower and asked City Engineer if he felt that it could be built. City Engineer Razavi replied that based on the results of the geological survey it can be built. Commissioner Prouty asked the City's Traffic Engineer to explain if the three lanes will work and how they will work. Marc Crane, Crane Transportation Group, pointed out that there are two in bound lanes through Bayshore Boulevard which will continue through a first major internal intersection and then proceed into access the garage. Commissioner Prouty questioned if the traffic would backup into Bayshore Boulevard. Mr. Crane noted that they were concerned with traffic backing up to the signal on Bayshore and they added a condition to keep the traffic flowing through the first intersection on the site because of traffic backup. He pointed out that the Engineering Division has added a condition to monitor the traffic and see how it is operating. If there is a problem with this intersection, it will be signalized and coordinated with the signal on Bayshore. Commissioner Prouty was concerned with backup occurring at the first intersection that leads to the surface parking and the childcare center. He asked if the site could accommodate designating one of the lanes a direct left or right turn lane. Mr. Crane noted that there should not be any stop and go traffic through the first intersection without a stop sign control and the driver can make a left or right without stopping. S:\M'vclA.te:;\02-1.:T-Ob RPC.clOC puge 3 of 5 Planning Commission Meeting of August 17,2006 ............'...,....,.,.111... ........'.\,... ~. ~. " ,.~ ",- ", ,- ,'c:'. '" .', - ,:,-" Commissioner Prouty asked if a third lane could be added to accommodate a right only lane with two lanes that go straight into the parking structure. Mr. Crane pointed out that this could be done and it would be added as a result of the monitoring process. Commissioner Romero noted that the project has significantly improved in comparison with the previous entitlements approved. He pointed out that he is not convinced that this is the appropriate use for the site. He felt that the mixed use proposal was a better option for the site and suggested that the applicant reconsider a hotel rather than an office tower. He pointed out that the retail aspect of the project needs to be enhanced. Commissioner Sim complimented the project team for responding to the issues on the design of the building. He and Mr. Duncan discussed the architectural features of the translucent glass. Commissioner Sim stated that the parking structure needs more stealthing. Mr. Duncan noted that they have widened the building to hide as much of the garage as possible. Commissioner Giusti asked how many floors would be in the garage. Mr. Duncan replied that there would be 6 floors of parking available. Commissioner Teglia pointed out that other parking structures tie into the building more and added that this parking structure could tie in with color. Mr. Duncan noted that they could improve the finish of the parking structure. Commissioner Sim asked that the architect show the back elevations of the buildings. Mr. Duncan noted that the same system will be in the rear. Commissioner Sim asked if the retaining wall could be reduced. Consultant Planner Knapp noted that the Fire Department is not present at the meeting due to illness, but informed the Commission that various City officials and the developer met to work out emergency access at the site. She pointed out that the site has many constraints and this design works with respect to the emergency access to the site and the retaining wall may not be able to be reduced without impacting emergency access. She pointed out that Fire Chief White requested that she inform the Commission that considerable effort was expended to arrive at this design which works. Commissioner Prouty asked that the applicant include a drive by video into their presentation at the next Planning Commission meeting and look into adding a turn pocket. Mr. Myers replied that they would have a presentation ready for the Commission. Consultant Planner Knapp added that per the traffic consultant another third pocket could be added and this can be determined if the traffic monitoring results show a need for it. Mr. Crane added that a fourth lane could also be accommodated if the median is reduced. Commissioner Teglia added that the hotel is the highest and best use for the site. He pointed out that the northbound and southbound views are important for the Commission. He suggested that the taller building have another fin on the northbound fin. Mr. Duncan noted that there is simplicity in the design of the building and is worried about too many moves complicating the building. Commissioner Teglia suggested that the architect think more about adding more of the wavelike design into the taller building on the northbound view. Commissioner Teglia added that some of the landscaping and art could be a bold water feature in front. He stated that he does not have any issue with phasing the construction of the site. He suggested that the phasing include the complete site if one building is not constructed, the point and the landscaping could be put in and stand on its own. He asked for details on the treatment and rehabilitation of the point. Commissioner Teglia pointed out that the performing arts center should also be available for other civic organizations. Commissioner Giusti and Commissioner Sim stated that they would prefer a one phased construction project in conjunction with the comments of the Design Review Board. Mr. Myers added that they have designed it that the buildings will look nice one at a time. Chairperson Zemke pointed out that if the project is phased he would like to see that it the rest of the site look presentable until the second construction phase takes place. Mr. Myers assured the Commission that he would not leave the rest of the site looking like a construction site if only phase one can be built for the time being. Commissioner Prouty asked how to se how much of the landscaping is real landscaping that will survive the S:\MevcuteS\OI?-:Lr-Ob RPG,cloc p~ge 4 of 5 Planning Commission Meeting of August 17, 2006 I'.... ',.. " . *' -.' .. ,,'. ",", ...... ~"<;, ,- - '~.~. .... '" -~ ,.- ~~ ;:; ',' :., - .{ -' .... .. -,,'-";- ,.-'. site conditions. Mr. Myers pointed out that they would return with a detailed presentation of the landscaping on September 7,2006. Vice Chairperson Honan asked if the developer was still looking at installing an overlook area at the top of the site. Mr. Myers noted that they still are entertaining the lookout and think of putting a historical marker at the site. Chairperson Zemke asked to have pictures that show how the project will look with if it phased. Commissioner Sim reminded the applicant to articulate the corners and embellish the cuts of the buildings. Concurrence of the Commission to continue the Public Hearing to Se"tember 7. 2006. ADMINISTRATIVE BUSINESS 4. Tam-Leung/Owner Mira Lee/Applicant 425 Eccles Avenue P06-0010: UP06-0006 Review of Revised Exterior Building Elevation and Landscape Plan associated with a previously approved Use Permit and Design Review of a conversion of a recreation building into a printing facility. ITEMS FROM STAFF None ITEMS FROM COMMISSION None ITEMS FROM THE PUBLIC None ADJOURNMENT 10:00 P.M. Susy Kalkin Acting Secretary to the Planning Commission City of South San Francisco William Zemke, Chairperson Planning Commission City of South San Francisco SKlbla S:\M'vwtes\oS'-1.)'-Ob RPG.ctoc p~0e 5 of 5 Draft DRB Minutes May 16, 2006 Page 9 of9 The Board had the following comments: 1. The project is generally insensitive to the natural context at the site in terms of location, massing, design and scope. 2. Incorporate design elements from the main buildings, such as finish materials and methods of articulation, into the design of the parking structure. 3. Explore the possibility of redesigning the Cal Water building to coordinate with the proposed buildings' design and add landscape - screen trees and shrubs - to soften the view of the building from the office tower. 4. Include pedestrian-scaled lighting in the plaza and other outdoor areas. 5. Reconfigure the site plan to: a) Increase the distance between the buildings and the highway. b) Integrate the buildings into the surrounding mountain landforms. c) Provide a more prominent, formal landscaped entrance to the site from the City sidewalk. d) Improve pedestrian flows and ADA accessibility to the sidewalk both physically and visually. e) Improve access to building service areas. f) Reduce pedestrian-vehicular conflicts; suggest a sub grade or elevated passageway from the parking garage to the buildings. g) Use site design to account for environmental conditions including wind and sunlight (See comment NO.6. a-b. below) especially as regards the childcare play area. h) Include turn lanes and vehicle stacking areas where warranted (See comment No. 6.c., below). i) Provide more useable outdoor space 6. Provide more detailed information as follows, and revise the plans accordingly: a) A wind study, to determine if the pedestrian areas shown will be located in low wind areas, or to determine if wind attenuating structures are required. b) A shadow/sunlight study to determine if people spaces will be comfortable, and if the children's play area is bright and sunny. c) A vehicular circulation study, to determine if the 2,000+ vehicles anticipated to access the site will work with the traffic flows along Airport Blvd., and if congestion can be mitigated at the building entry and parking structure entrance and exits. d) Include a higher level of detail on the project plans in order to allow the Design Review Board to provide more specific comments. 7. Revise the landscape plan as follows: a) Coordinate the plant list with environmental conditions at the site. Suggest the plantings around the towers be specifically wind tolerant and planting on the more "wild" portions of the site on San Bruno Mountain be native plantings. Separate planting schedules may be required for these two distinctly different microclimate areas. b) Use 36, 48 or 60-gallon tree sizes at the time of installation to add scale to the site and to ensure tree caliper will be large enough to withstand high wind breakage. c) Replace shrubs and small trees with larger trees scaled to the building sizes. d) Redesign the landscaping to be more sensitive to the natural landforms on and around the site. e) Redesign the various retaining walls around the site with a "stepped" design or green "Verdura" type walls to soften their appearance. 22. MISCELLANEOUS \s\Susv Kalkin Acting Chief Planner Draft DRB Minutes May 16, 2006 Page 8 of9 21. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME DESCRIPTION: Myers Development Myers Development Terrabay P06-0073 & DR06-0060 Mandalay Terrace (PHIII / Bayshore Blvd) (Case Planner: Allison Knapp) Modification to the existing entitlements for Phase III which would allow construction of 665,000 square feet of office in two office towers as opposed to the entitled one office tower. Project would include two office towers: a North Tower consisting of 15 floors totaling 315,290 gross square feet, a 150-seat shared use performing arts auditorium, a child care facility accommodating 100 children and 17,562 square feet of ground-floor retail including a restaurant; and a South Tower consisting of 21 floors totaling 341,880 gross square feet of office and 6,085 gross square feet of ground floor retail. The applicant is requesting flexibility to allow the height and square footages of the two towers to vary (but not to exceed 665,000 gross square feet total) to suit the needs of the office user. The flexibility would allow the North Tower to increase by three stories while the South Tower decreased by the same amount. Draft DRB Minutes June 20, 2006 Page 1 of8 MINUTES SOUTH SAN FRANCISCO DESIGN REVIEW BOARD Regular Meeting of June 20, 2006 TIME: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: 4:00 P.M. Harris., Nelson, Nilmeyer, Ruiz and Williams none Susy Kalkin, Acting Chief Planner Gerry Beaudin, Associate Planner Chad Smalley, Associate Planner Patti Cabano, Administrative Assistant 1. ADMINISTRATIVE BUSINESS 2. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME Myers Peninsula-Shepherd Heery Myers Development Co., LLC Terrabay - Bayshore Blvd P06-0073 & DR06-0060 Mandalay Terrace (PH ill I Bayshore Blvd) (Case Planner: Allison Knapp) DESCRIPTION Design Review for a re-entitlement of existing 665,000 square foot office building to allow the office square footage to be constructed in two towers and an increase in commercial uses. The project would consist of: a 665,000 square foot office (352,000 and 313,000 square feet), 25,000 square feet commercial, 100-child day care center and 150 seat performing arts center shared with office space. . Boardmember Harris had to leave at 6: 15 PM Draft DRB Minutes June 20, 2006 Page 2 of8 In general, the Design Review Board members felt that the changes made to the project were significant improvements compared to the project that was reviewed at the May 16th DRB meeting. The plans included more detailed information and the site planning was improved. However, some of the DRB members still commented that the proposed development is incompatible and inappropriate for the site and the surrounding topography. Specifically, the buildings proposed are too tall and too close to Highway 101. It was noted that buildings of the proposed scale are more appropriate east of Highway 101 in South San Francisco. Suggestions to reduce the visual impact of the development at this location included: introducing three smaller office buildings, rather than the two office buildings proposed; and/or setting the proposed buildings farther from Highway 101, possibly building on top of the parking garage. Recognizing that the pr~ect is likely to continue in a form similar to what was presented at the June 20 meeting, and acknowledging that aside from the above issues the architecture of the buildings was of very high quality, the DRB members had the following comments: 1. Continue to develop plans for the useable outdoor spaces. Include landscape plantings and hardscape features that separate pedestrian and automobile traffic. Further, human spaces should be designed to create private areas as well as more open areas. Draft DRB Minutes June 20, 2006 Page 3 of8 2. Submit a planting plan and proposed plant list (inlcuding specimen sizes) for City review. The plan should include ground level plantings in the pedestrian areas (shrubs, groundcovers, and ornamental grasses three feet and lower). 3. Create pedestrian connections from the north building to the public sidewalk going to the north and to the south of the development site (similar to the treatment proposed for the pedestrian connection from the south building to the sidewalk). 4. Remove "Holly Oak" trees from the planting list and plans and consider a tree such as Quercus viriginiana (Southern Live Oak) or similar, which are more likely to grow to a healthier size in South San Francisco. Quercus ilex (Holly Oak) is not a very successful or attractive tree in the Bay Area, and may not grow well at this location. 5. Create a roof plan for the parking structure that includes an aesthetically pleasing paving pattern since the parking deck will be visible from the new office towers, and potentially visible from other buildings east of 101 and the upper levels of San Bruno mountain. The paving pattern should include colors and/or design elements that are similar to other hardscape found within the project. Consider elements such as landscape plantings and trellises with vines to soften the view of the deck from above and to better integrate the parking garage with the surrounding mountain. 6. Integrate the design of the parking structure with the design proposed for the office buildings by using materials from the office buildings on the parking structure. For example, move the stair-towers on the entry side of the parking garage to the exterior of the building and wrap them in the same glass as the office buildings are wrapped in. 7. Increase the size of the parking garage lobby to accommodate anticipated peak pedestrian traffic flows. 8. ,Create a high-quality interior design for the proposed pedestrian tunnels leading from the parking garage to the buildings. The tunnels should contain as much natural light as possible (through the use of skylights and/or the like), and should contain wall graphics or artwork to ensure that the tunnel space is pedestrian-friendly. 9. Include all trees, including those which extend up the hillside, shown on the project model (presented at the meeting) into all future plans for City review. The proposed trees on San Bruno mountain were 60-70% pinus elderica and a mix of other hardy trees and native shrubs, such as Toyon. 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'" :2 0 ::l OIl 0 0::- ::l U Q.. -< N N Planning Commission Staff Report DATE: September 7,2006 TO: Planning Commission SUBJECT: Fifth Review: Use Permit allowing an existing linen supply service to expand into three adjacent tenant spaces, situated at 915 Linden Avenue in the Retail Commercial (C-I-L) Zoning District, in accordance with SSFMC Section 20.22.030 and Chapter 20.81. Owner/Applicant: AGS Linens Site Address: 915 Linden Avenue Case No.: P04-0103 [UP04-0029] RECOMMENDATION: That the Planning Commission complete the fifth review ofUP04-0029. BACKGROUNDIDISCUSSION: The Planning Commission approved Use Permit P04-0103/UP04-0029 on October 7,2004 with several Conditions of Approval aimed at improving site appearance. The Commissioners placed a 6- month review on the application in order to give the property owner ample time to complete the required building and site improvements. Because the development had taken longer than expected, four Commission reviews have occurred since the project started two years ago. The owners have completed all of the building and site improvements. The laundry bins and old machinery are now no longer being stored outside the back ofthe building (Condition of Approval # 4). The Conditions of Approval are attached to this report. CONCLUSION: City staff recommends that the Planning Commission review the project and determine that the work has been completed. No further reviews are recommended. ATTACHMENTS: Conditions of Approval - October 7, 2004 Planning Commission Minutes of June 15, 2006 ~'t\\ SaN p. ~ ~~~~11t, :;... I ....,,,,; ~ .... t: I I ",I.....~~ !lllh ~ C,)~,~o ~ ()<1l;~~~ MINUTES June 15, 2006 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER I PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: TAPE 1 7:37 D.m. Commissioner Giusti, Commissioner Prouty, Commissioner Romero, Commissioner Sim, Commissioner Teglia, Vice Chairperson Honan and Chairperson Zemke ABSENT: None STAFF PRESENT: Planning Division: Susy Kalkin, Acting Chief Planner Steve Carlson, Senior Planner Bertha Aguilar, Admin. Asst. II Peter Spoerl, Assistant City Attorney Ray Razavi, City Engineer Sergeant Alan Normandy, Planning Liaison City Attorney: Engineering Division: Police Department: CHAIR COMMENTS AGENDA REVIEW No Changes ORAL COMMUNICATIONS None CONSENT CALENDAR None 1. AGS Linens expansion Elisa Sandoval/Owner Elisa Sandoval/Applicant 915 Linden Ave. P04-0103: UP04-0029 Use Permit to allow an existing linen supply service to expand into three adjacent tenant spaces at 915 Linden Avenue in the C-1 Retail Commercial Zoning District in accordance with SSFMC Chapters 20.22 and 20.81. Motion Prouty I Second Honan to approve the Consent Calendar. Approved by unanimous voice vote. PUBLIC HEARING 2. 249 East Grand Georgia Pacific Corporation/Owner James H. Richardson/Applicant 249 East Grand Ave. P05-0019: DR05-0043, EIR05-0001, PM05-0002, PUD05-0001, SIGNS06-0008, TDM05-0001 & UP05-0005 (Continued from June 1, 2006) Draft Environmental Impact Report assessing environmental impacts, Use Permit, Design Review and Preliminary TDM Plan to construct a phased development consisting of four office/R&D buildings totaling approximately 534,500 SF, 5,500 SF of ancillary commercial space, and related landscaping improvements CONDITIONS OF APPROVAL P04-0103 & UP04-0029 AGS Quality Linens 915 Linden Avenue (As approved by the Planning Commission on October 7, 2004) PLANNING DIVISION conditions of approval are as follows: 1. The applicant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions of approval. 2. All interior and exterior building and site improvements shall be completed in accordance with the plans attached to the Planning Commission Staff Report dated October 7, 2004 within 6 months ofthe approval date of this use permit. 3. All new landscaping shall be planted in accordance with the Landscape Plan prepared by Nilmeyer/ Nilmeyer Associates in conjunction with Harris Design, attached to the Planning Commission Staff Report dated October 7,2004 within 6 months of the approval date ofthis use permit. 4. All storage containers, tanks, inoperable machinery and other miscellaneous items currently being stored outside of the building must be permanently moved indoors or properly disposed of prior to issuance of any permit and in no case later than 6 months after the approval date ofthis use permit. No outdoor storage is permitted unless a separate use permit is granted specifically to allow such use. 5. All company vehicles shall be parked in the parking lot behind the building when not in use. At no time shall any company vehicles be parked in any of the driveways along Hillside Boulevard. Company vehicles shall be parked completely inside ofthe building during allloadinglunloading activities taking place through the roll-up doors facing Hillside Boulevard. 6. The parking lot shall at all times be maintained free and clear of any materials or equipment which would prevent use of all approved parking and loading spaces. 7. All roof-mounted equipment shall be concealed behind an enclosure or parapet to the satisfaction of the Chief Planner. 8. The applicant shall obtain a Sign Permit before installing any new signage, awnings or canopies at the site to the satisfaction of the Chief Planner. 9. This application will be subject to a 6-month review to ensure that all conditions listed above have been satisfied. Planning Division contact: Steve Kowalski, Associate Planner, (650) 829-6630 Conditions of Approval Page 2 of3 BUILDING DIVISION conditions of approval are as follows: 1. The applicant shall provide a sum-of-ratios floor area analysis for the mixed occupancies within the building. Building Division contact: Jim Kirkman, Chief Building Official, (650) 829-6670 ENGINEERING DIVISION conditions of approval are as follows: 1. The developer shall comply the applicable conditions of approval for commercial proj ects as detailed in the Engineering Division's "Standard Conditions for Commercial and Industrial Developments" contained in our "Standard Development Conditions" booklet, dated January 1998. This booklet is available at the Engineering Division front desk at no cost to the applicant. 2. In accordance with the Standard Conditions, new storm-water pollution control devices and filters shall be installed within the existing site drainage system to prevent pollutants deposited on the site from entering the City's storm-water drainage system. Plans for these facilities shall be prepared by the applicant's consultant to conform to the County of San Mateo pollution control requirements and submitted to the Engineering Division and the City's Environmental Compliance Coordinator for review and approval. 3. The applicant shall install a Caltrans standard Rl "STOP" sign at the exit to Linden Avenue. 4. The applicant shall submit a plan showing the existing drainage system within the site's parking lot and shall prepare a report verifying that this system is in good condition and will accommodate storm-water runoff from a 1 O-year design storm without overflow entering the public right-of-way or any adjacent private properties. This plan shall be submitted to the Engineering Division for review and approval. Any improvements needed to accommodate the runoff shall be shown on the parking lot improvement plan and completed by the applicant prior to complete of the expansion. Engineering Division contact: Dennis Chuck, Senior Civil Engineer (650) 829-6652 FIRE PREVENTION DIVISION conditions of approval are as follows: 1. Install fire sprinkler system in all proposed expansion areas. 2. Fire sprinkler system shall be central-station monitored if over 100 sprinklers. 3. Install fire extinguishers (2A, 10B:C) per 75 feet of travel. 4. Additional requirements may be imposed at the discretion of the Fire Marshal. Fire Prevention Division contact: Maurice Dong, Fire Marshal, (650) 829-6645. Conditions of Approval Page 3 of3 POLICE DEPARTMENT conditions of approval are as follows: 1. The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. Police Department contact: Sergeant Alan Normandy, (650) 877-8927