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HomeMy WebLinkAboutPC Meeting 03-17-16 (Reso 2787-2016) - 300 MillerRESOLUTION NO. 2787-2016 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE A DEVELOPMENT AGREEMENT AND ENVIRONMENTAL CONSISTENCY ANALYSIS FOR THE DEVELOPMENT OF A NEW FIVE-STORY SENIOR RESIDENTIAL BUILDING WITH A TOTAL OF 80 AFFORDABLE RENTAL UNITS, 1 MANAGER UNIT AND 1,993 SQUARE FEET OF COMMUNITY ASSEMBLY SPACE AT 310 MILLER AVENUE (APN 012-311-230), 312 MILLER AVENUE (APN 012-311-240); 314 MILLER AVENUE (APN 012-311-250), AND APN 012-311-060, COLLECTIVELY REFERRED TO IN PROJECT DOCUMENTS AS “300 MILLER AVENUE”, THAT THE CITY COUNCIL MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA AND APPROVE A USE PERMIT; DESIGN REVIEW; WAIVER AND MODIFICATION; BONUS RESIDENTIAL DENSITY, AND A PARKING REDUCTION; AND MAKING A FINDING OF GENERAL PLAN CONSISTENCY WHEREAS, the City of South San Francisco (“City”), in its capacity as the Successor Housing Agency, is the owner of certain real property located in the City known as 310, 312 and 314 Miller Avenue and a municipal parking lot (“Properties”), also known as County Assessor’s Parcel Numbers APN 012-311-230; APN 012-311-240; APN 012-311-250; and APN 012-311- 060, collectively referred to in Project documents as “300 Miller Avenue”; and, WHEREAS, the City and Rotary Plaza, Inc (“Developer”) entered into an Exclusive Negotiation Rights Agreement (“ENRA”) that established a mutual understanding among the City and the Developer regarding the potential development of the Properties; and, WHEREAS, the Developer has proposed construction of a high-density, affordable, senior residential development, consisting of 81 residential units over .56 acres at the Properties (“Project Site”); and, WHEREAS, the City, in its capacity as the Housing Successor Agency, is interested in selling the Properties to the Developer as contemplated in the ENRA, contingent upon approval of a Development Agreement by the City Council, Developer securing all funding for the Project, and Developer obtaining all applicable land use entitlements from the City necessary to construct the Project on the Project Site; and, WHEREAS, the City and the Developer now wish to enter into a Development Agreement between the City and the Developer (“Agreement”); and, WHEREAS, Developer also seeks approval of a Conditional Use Permit, Design Review, Waiver and Modification, Density Bonus, and Parking Reduction; and, WHEREAS, Developer seeks approval of a Density Bonus and Parking Reduction pursuant to the City of South San Francisco Municipal Code Section (“SSFMC”) 20.390.006, Government Code Section 65915, and SSFMC Section 20.330.007(C) for the Project; and, WHEREAS, the Project is within the Downtown Residential Core ("DRC") zone as designated in the Downtown Station Area Specific Plan (“DSASP”) and Chapter 20.280 of the SSFMC, which permits affordable senior housing at 125 units per acre with approval of a conditional use permit through a combination of public benefits outlined in SSFMC Section 20.280.005(A) and is not exclusive of any density bonus allowed pursuant to Chapter 20.390 of SSFMC; and, WHEREAS, the City has confirmed that because the Project, excluding one manager’s unit, consists of 100 percent deed-restricted residential units affordable to low-income seniors, the Project meets the criteria specified in SSFMC Chapter 20.390 and Government Code Section 65915(f), and as such qualifies for a density bonus; and, WHEREAS, as a project that would be 100 percent deed-restricted affordable to low-income seniors, the Project qualifies for a maximum density of 156 units per acre under the SSFMC and proposes a density of only 144 units per acre, well below the maximum allowable density; and, WHEREAS, the City has confirmed that the Project meets the criteria specified in Government Code Section 65915(p)(3)(A), and as such cannot be required to provide more than 0.5 parking spaces per unit (41 spaces); and, WHEREAS, Developer has also requested a Parking Reduction pursuant to SSFMC Section 20.330.007(C) to reduce the requirement from 41 to 39 spaces; and WHEREAS, the City has confirmed that the Project meets the criteria specified in SSFMC Section 20.390.009 and Government Code Section 65915(d), and as such is entitled to three "incentives" as defined by Government Code Section 65915; and, WHEREAS, the Developer has requested only one of the three incentives to which it is entitled: to provide 39 parking spaces instead of the otherwise required 41 parking spaces; and, WHEREAS, approval of the Developer’s proposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. ("CEQA"); and, WHEREAS, the City Council certified an Environmental Impact Report ("EIR") on January 28, 2015 (State Clearinghouse number 2013102001), which included a Mitigation Monitoring and Reporting Program, in accordance with the provisions of the CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the DSASP; and, WHEREAS, the City Council also adopted a Statement of Overriding Considerations ("SOC") on January 28, 2015 in accordance with the provisions of CEQA and the CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project's economic, legal, social, technological and other benefits; and, WHEREAS, the City concluded that the Project is statutorily exempt from CEQA pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the DSASP and that none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred; and, WHEREAS, the City further concluded that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 as an infill development project and that none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred; and, WHEREAS, the City prepared an Environmental Consistency Analysis for the Project pursuant to CEQA Guidelines Section 15168(c)(2) and concluded that in accordance with the requirements of CEQA Guidelines Section 15162, as a result of the Project no new effects could occur and no new mitigation would be required even if the Project was not exempt from CEQA . The Environmental Consistency Analysis demonstrates that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the DSASP EIR certified by City Council ; and, WHEREAS, on March 17, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the Development Agreement and proposed entitlements and take public testimony. **** NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. ("CEQA") and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by TCA Architects, dated December 7, 2016, the Environmental Consistency Analysis, as prepared by City staff, dated March 17, 2016 including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed March 17, 2016 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: A. General Findings 1. The foregoing recitals are true and correct. 2. The Exhibits attached to this Resolution, including the Environmental Consistency Analysis, as prepared by City staff, dated March 17, 2016 (Exhibit A), the draft Development Agreement (Exhibit B), Conditions of Project Approval (Exhibit C), and the Project Plans (Exhibit D) are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager, Sailesh Mehra. 4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated March 17, 2016 attached hereto as Exhibit A, the Planning Commission, exercising its independent judgment and analysis, recommends that the City Council find that the Project is statutorily exempt from CEQA pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the DSASP and that none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred, that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 as an infill development project and that none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred, and that as a result of the Project no new effects could occur and no new mitigation would be required pursuant to CEQA Guidelines Section 15168(c)(2) and in accordance with the requirements of CEQA Guidelines Section 15162 even if the Project was not exempt from CEQA . The Environmental Consistency Analysis demonstrates that pursuant to CEQA Guidelines Section 15168(c)(2), the Project falls within the environmental parameters analyzed in the DSASP EIR, and that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the DSASP EIR certified by City Council nor would new mitigation be required for the Project. This is supported by the fact that, consistent with the DSASP EIR Mitigation Monitoring and Reporting Program, a Shadow Analysis, a Historic Resources Analysis, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the DSASP EIR. B. Development Agreement 1. The Development Agreement, as proposed, is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Downtown Station Area Specific Plan, both of which envision a high-density residential project adjacent to the Caltrain commuter station that can revitalize underused parcels and support economic activity in the Downtown area. 2. The Development Agreement, as proposed, is compatible with the proposed high- density residential use authorized in, and the regulations prescribed for the land use district (Downtown Residential Core) in which the real property is located. 3. The Development Agreement, as proposed, remains in conformity with public convenience, general welfare and good land use practice, since the project would provide adequate parking, conform to the height, density as requested under the Conditional Use Permit for Maximum Density and Density, and floor area ratio (FAR) standards set forth in the Zoning Ordinance, and confirm the land use goals of both the General Plan and Downtown Station Area Specific Plan that support new residential development adjacent to the Caltrain commuter station. 4. The Development Agreement, as proposed, will not be detrimental to the health, safety and general welfare since the project will redevelop vacant and underutilized parcels , will conform to the development regulations with minor modifications to the standards that do not endanger the surrounding area, and will support the community goals for new development and revitalization as outlined in the General Plan and the Downtown Station Area Specific Plan. 5. The Development Agreement, as proposed, will not adversely affect the orderly development of property or the preservation of property values since the project must conform to the City’s development standards, new pedestrian improvements are proposed that will enhance the existing City infrastructure in the Downtown area, the Project will not preclude similar development from occurring on adjacent parcels, and the Project will enhance property values since underutilized parcels will be redeveloped with high quality residential units. C. Conditional Use Permit 1. The proposed Project is allowed within the Downtown Residential Core Zoning District and, as modified by the entitlement request, is consistent with the standards and requirements of the City’s Zoning Ordinance and with the provisions of the Downtown Residential Core Zoning District and all other titles of the SSFMC. The Project meets or exceeds all of the general development standards of the Downtown Residential Core Zoning District, with the exception of the increased density, parking reduction, modification to lot coverage, usable open space requirement and and waiver of the private storage standards. However, the increased density is permissible and warranted by the City’s Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project and the provision of affordable housing to low income senior households. Approval of a modification to lot coverage and usable open space requirements and the waiver of the private storage standards is discussed in sections E F, and G respectively, and allowable through a waiver and modification request. Approval of a parking reduction is discussed in section H. 2. The proposed Project is consistent with the General Plan and the Downtown Station Area Specific Plan by creating a high-density residential environment that emphasizes pedestrian- activity with buildings built up to the property line and providing a well-articulated and visually engaging development that implements the goals of the Downtown Station Area Specific Plan, and is consistent with the City’s Design Guidelines as they relate to building design, form and articulation. Further, the Project will pay state prevailing wages, which is consistent with the permissive DSASP Land Use Strategy LU-1 policy, which encourages the use of local workforce and local business sourcing for development in the plan area and the paying of area standard wages for construction. 3. The proposed residential use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, because the proposed use is consistent with the approved uses in both the General Plan and Downtown Station Area Specific Plan. The Project proposes high-density residential uses located in the City’s Downtown Station Area Specific Plan District, which is intended for this type of use. The General Plan has analyzed this type of use and concluded that such residential uses are not adverse to the public health, safety, or welfare. As the proposed Project is consistent with other residential land uses in the Downtown Residential Core Zoning District, approval of the Project will not be detrimental to nearby properties. 4. The proposed Project complies with applicable design and development standards and requirements of the City’s Zoning Ordinance, with the exception of the increased density that is evaluated under the Conditional Use Permit and Density Bonus Ordinance, parking reduction that is evaluated under the Parking Reduction process for Downtown Parking and the Density Bonus Ordinance, and the modification to lot coverage, usable open space requirement, and waiver of the private storage standards that are evaluated under the Waiver and Modification process. The stated density is permissible and warranted by the City’s Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project. The proposed Project is located in the Downtown Residential Core Zoning District and, subject to the discussion on the density bonus, modification, parking reduction and waiver requests below, meets the minimum standards and requirements for the zoning districts. 5. The design, location, size, and operating characteristics of the proposed Project are compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes a residential use in the Downtown Residential Core Zoning District, which is specifically intended for such a use. 6. The site is physically suitable for the type of development and density proposed, as the residential use will benefit from being located in close proximity to the South San Francisco Caltrain Station, Grand Avenue, and the overall Downtown Station Area Specific Plan Area, and the size and development is appropriate for the location and meets the City’s land use and zoning standards, as amended by the Conditional Use Permit, Density Bonus Ordinance, Parking Reduction and Waiver and Modification process. Access to the site via existing roadways is sufficient as the project is within a built-out urban environment, utilities are provided on-site or proposed for minor upgrades, and no physical constraints such as topography or lack of facilities exists that would prevent suitable development. 7. The Project is statutorily exempt from the California Environmental Quality Act pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the Downtown Station Area Specific Plan and none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred. Further, the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 as an infill development project and none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred. Further, On January 28, 2015, a program environmental impact report (EIR) was certified by the City Council of South San Francisco (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan, State Clearinghouse #2013102001). The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year planning period. The DSASP also established a Mitigation, Monitoring, and Reporting Program (MMRP) with mitigation measures for any project meeting certain thresholds. Pursuant to CEQA Guidelines Section 15168 (c), an Environmental Consistency Analysis has been prepared to consider whether any new environmental effects not identified in the DSASP program EIR might be created by construction and operation of the Project. The analysis concluded that in accordance with the requirements of CEQA Guidelines Section 15162, as a result of the Project, no new effects could occur and no new mitigation would be required even if the Project was not exempt from CEQA The Environmental Consistency Analysis demonstrates that the Project would not create any additional environmental impacts in excess of those previously analyzed and addressed by the DSASP program EIR, Mitigation, Monitoring and Reporting Program and Statement of Overriding Considerations. 8. The proposal would result in a project whose proposed public benefits and requested development incentives are suitable to the site as envisioned by the Downtown Station Area Specific Plan and relate appropriately to adjacent uses and structures. The provision of additional residential units through the increased density will provide more residents within the downtown to create a vibrant community for Downtown and is consistent with Land Use Strategies LU-5 and LU-8. Moreover, the provision of new landscaping will improve the site and enhance the public realm and is consistent with Urban Design Strategy UD-16 and Guiding Principle 17. 9. The proposed Project would be consistent with the accepted list of public benefits outlined in Section 20.280.004(A) and such benefits would not otherwise result through provisions of the City’s policies, ordinances, or other requirements. The proposed benefits of the project that would not otherwise result through provisions of the City’s policies, ordinances, or other requirements include: ninety percent of the units being “adaptable, which allows for simple conversion by maintenance staff to a fully accessible unit, while 10% will be fully accessible, with additional visual and hearing accommodations; intention to work with general contractor to establish a local outreach plan to achieve specified local hire goals; Transit services such as Meals on Wheels, in-home support services, shared transportation services with Beacon’s Hillcrest Gardens (Daly City) paratransit, and coordinated visits by physicians and nurses; and common community space for the residents to allow large holiday events and smaller exercise and healthy living classes as well as providing a meeting space for the larger community on a reservation basis. The addition those enhancements will contribute to the Downtown area. 10. The proposed Project reflects a fair financial balance of the costs and benefits between the City and the applicant, as the value of the public benefits offered by the applicant are reasonable in light of the cost to the City of providing the additional density provided for under section 20.28.005 of the Municipal Code. D. Design Review 1. The Project, including Design Review, is consistent with Title 20 of the South San Francisco Municipal Code because the Project has been designed as a high-density residential project which will provide a pedestrian-friendly, transit-oriented environment with sustainability elements incorporated. 2. The Project, including Design Review, is consistent with the General Plan because the proposed high-density residential development is consistent with the policies and design direction provided in the South San Francisco General Plan for the Downtown Residential Core land use designation by encouraging the development of new residential units within close proximity to the South San Francisco Caltrain Station and within the Downtown Station Area Specific Plan area. 3. The Project, including Design Review, is consistent with the applicable design guidelines adopted by the City Council in that the proposed Project is consistent with the Downtown Station Area Specific Plan Design Guidelines, as evaluated in the Zoning Ordinance Compliance analysis for the Project. 4. The Project is consistent with the Use Permit and all other requested planning approvals for the reasons stated in Section C, E, F, G, H, and I. 5. The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 (“Design Review Criteria”) because the project has been evaluated by the Design Review Board on August 18, 2015, and found to be consistent with each of the eight design review criteria included in the “Design Review Criteria” section of the Ordinance. E. Waiver and Modification for Usable Open Space Requirement 1. The Waiver and Modification request to reduce the usable open space requirement from 8,100 square feet to 7,489 square feet is necessary because increasing the open space area beyond what is proposed is not feasible given the size of the Project Site. Furthermore, an increase in usable open space beyond the proposed area would come at the expense of providing additional residential units and indoor common space, which is more appropriate for senior residential uses. 2. There are no alternatives to the Waiver and Modification to reduce the usable open space requirement from 8,100 square feet to 7,489 square because there are no alternatives that could provide an equivalent level of benefit to the applicant and occupants (constructing the proposed project with 81 residential units) with less potential detriment to surrounding owners and occupants or to the general public. A total of 1,890 square feet of indoor amenity area is proposed in addition to the 7,489 square feet of outdoor space. Given the nature of the resident population (seniors), the total of common useable indoor and outdoor area of 9,379 square feet would be sufficient. The impact to surrounding owners and occupants, as well as the general public, would be minimal since the total common useable indoor and outdoor area of 9,379 square feet should not result in an increase demand in public parks or other outdoor spaces. 3. The granting of the requested Waiver and Modification would not be detrimental to the health or safety of the public or the occupants of the property given that the reduction of the usable open space requirement is minor and that the 9,379 square feet of common useable indoor and outdoor area should not result in an increase demand in public parks or other outdoor spaces. F. Waiver and Modification for Lot Coverage Increase 1. The Waiver and Modification request to increase the maximum lot coverage by 8% is necessary due to the physical characteristics of the proposed site. The project site is not wide enough to accommodate the parking and other necessary non-residential ground floor uses required by the zoning code, such as bicycle storage and ancillary community space uses, without covering more than 90% of the site at ground level. Reducing the floor plate of the ground floor building would result in a loss of community amenities on the ground floor and residential units on the upper floors, which would keep the project from developing at the density otherwise permitted by the Zoning Code. 2. There are no alternatives to the Waiver and Modification request to increase the maximum lot coverage by 8% that could provide an equivalent level of benefit to the applicant. The only other alternative would be to create an underground parking structure for the project. If the project was built with underground parking, and the resident open space were at the ground level, the lot coverage would be closer to 75%. However, due to liquefiable soils found on the project site and the costs associated with the design and construction of subterranean parking, having this design would make the project cost prohibitive, and the excavation work required to create underground parking would potentially be more disruptive to surrounding uses, thereby creating potential detriment to surrounding owners. 3. The granting of the requested Waiver and Modification to increase the maximum lot coverage by 8% would not be detrimental to the health or safety of the public or the occupants of the property. Although the extra lot coverage is important for the project's feasibility, granting the waiver request would not result in a detriment to the general public or the future occupants of the project. Most of the useable outdoor space is at the second floor level, which is provides easy accessibility for the residents and is essential to the enjoyment of the residents. G. Waiver and Modification for Private Storage Requirement 1. The Waiver and Modification request to waive the Downtown Station Area Specific Plan District Private Storage requirement is necessary due to the physical characteristics of the proposed project and the nature of the proposed use. Waiving the required number of storage units would maximize the number of residential units for the project. The nature of senior population, the fire hazard and maintenance issues related stored items, pest management, the disposal of abandoned property, and liability for damages incurred to property in storage add to the difficulty of meeting this requirement. To mitigate this reduction, staff has recommended a Condition of Approval requiring that if the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage in common areas or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 2. There are no alternatives to the Waiver and Modification to waive the Downtown Station Area Specific Plan District Private Storage requirement because due to the number of dwelling units and usable floor area, there are no alternatives that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. Since this requirement relates to private storage, the impact to surrounding owners and occupants, as well as the general public, is minimal since few or no residents would contemplate storing valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage in common areas or within on-site parking spaces. 3. The granting of the requested waiver and modification would not be detrimental to the health or safety of the public or the occupants of the property The impact to surrounding owners and occupants, as well as the general public, is minimal because no residents would store valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage on balconies or within on-site parking spaces. Furthermore, the project would include on-site bicycle storage, further reducing the need for additional private storage space. H. Parking Reduction 1. Although the Project requests a reduction from 82 parking spaces to 39 parking spaces, or a 48% reduction in overall required parking spaces, an on-site traffic and circulation analysis prepared by Abrams Associates Traffic Engineering, Inc., dated September 2, 2015, an Addendum to said analysis prepared on February 19, 2016, and parking utilization rates from other senior residential developments , concluded that 39 parking spaces was sufficient for the project. With the proposed Conditions of Approval to require parking signage and manage the parking assignment for tenants, the Project will provide sufficient on-site parking. The Project is also located adjacent to the Miller parking garage, which could provide residents with additional parking options. Additionally, the Caltrain commuter station and SamTrans bus routes, along with a proposed bicycle share program, represent alternative travel modes that will support residents without vehicles. Thus, there is sufficient parking within the site and the surrounding District to accommodate the proposed use. I. Density Bonus As a 100 percent deed-restricted housing development affordable to low-income seniors (with the exception of the Manager’s unit), the Project qualifies for a density bonus, modified parking standards, and up to three incentives. 1. The Density Bonus Ordinance helps achieve the City's housing goals for lower-income, moderate-income or qualified resident households, as set forth in the housing element of the General Plan. According to the Housing Element, 14 percent of South San Francisco's population is age 65 or older, which creates a demand for housing designed to meet the needs of seniors. Housing Element Policy 5-1 encourages developers and non-profits to provide housing for the elderly in higher-density areas close to shopping and transportation, and Housing Element Program 5-1A specifically contemplates the use of the density bonus program to create an incentive to develop senior housing. The Project would provide lower-income senior housing near Downtown and the Caltrain Station, and would use the density bonus to increase the number of units available on the site. 2. The requested incentives are necessary to make the project economically feasible. Pursuant to Government Code 65915, the Project is eligible for a density bonus of up to 35 percent. City of South San Francisco Municipal Code Chapter 20.390 defines density bonuses of over 25 percent as an incentive, however, the Project is requesting a density bonus of 15 percent, so no incentive is required. However, the Project is requesting a reduction from 41 spaces to 39 spaces; the reduction will create the opportunity to increase bicycle parking to qualify for additional funding sources, such as the Affordable Housing Sustainable Communities program, that are required to provide for the affordable housing cost of the Project's units. 3. The Project shall not result in an overall development pattern that is incompatible with other land uses in the immediate vicinity. Even with the density bonus, the Project is consistent with the development standards established in the General Plan and Downtown Station Area Specific Plan and is compatible with the City's vision for higher-density housing in the Downtown core and near transit facilities. 4. The Project complies with the General Plan, zoning and development policies of the City. The Project is designated in the General Plan for Downtown Commercial which permits residential development above the first floor with no maximum density specified and a maximum floor area ration ("F.A.R.") of 3.0. The Project includes parking and accessory office and community space on the ground floor with residential units above and an F.A.R. of 2.95, and it is therefore consistent with the General Plan designation. Furthermore, the Project is consistent with all applicable General Plan policies as set forth in the Staff Report dated March 17, 2016 and included in the record as part of the material accompanying the Project's hearing. The Project is within the Downtown Residential Core ("DRC") sub-district as designated in the Downtown Station Area Specific Plan and Chapter 20.280 SSFMC and has been designed to comply with all the regulations of the DRC sub-district. The DRC sub-district permits affordable senior housing at 125 units per acre with approval of a conditional use permit through satisfaction of qualified public benefit plus any density bonus allowed pursuant to Chapter 20.390 of the SSFMC. As a project that would be 100 percent deed-restricted affordable to low-income seniors, the Project qualifies for a density bonus of 25 percent pursuant to the Municipal Code, or a maximum density of 156 units per acre. The Project proposes a density of only 144 units per acre, well below the maximum allowable density. The parking modification requested pursuant to Government Code 65915 and other waivers requested as part of the Project approvals consistent with Chapter 20.510 of SSFMC require no zoning changes. Therefore, the Project is consistent with all applicable zoning designations and regulations. 5. The Project shall not result in a reduction in the affordable housing stock for lower income groups due to the conversion of apartment units to condominiums. Because the Project does not propose to convert any existing apartment units to condominiums, it would not result in the loss of housing stock for lower income groups. In fact, the Project proposed to increase the City's affordable housing stock by developing 80 units of affordable senior housing and 1 manager unit on underutilized land that currently contains a surface parking lot and single family residences. J. CEQA Statutory Exemption Findings 1. The Planning Commission recommends that the City Council find the Project is being undertaken pursuant to and in conformity to the Downtown Station Area Specific Plan as set forth in the Staff Report dated March 17, 2016 and included in the record as part of the material accompanying the Project's hearing. Specifically, the Project will help implement elements of the Specific Plan's vision for Downtown related to transit-oriented development, i.e., the development of higher-density residential uses on underutilized parcels within a convenient walk of the Caltrain Station, by providing 80-units of affordable senior housing and 1 manager’s unit within 1/2-mile of the Station. 2. The Planning Commission recommends that the City Council find that based on substantial evidence in the record, none of the events described in CEQA Guidelines Section 15162 requiring the preparation of a subsequent EIR or negative declaration have occurred: • The Project does not include any substantial changes in the Downtown Station Area Specific Plan project and so does not require major revisions to the Downtown Station Area Specific Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. This is supported by the fact that the Project is consistent with the Specific Plan and proposes no changes or amendments to the Downtown Station Area Specific Plan itself; because the Project does not include changes in the Specific Plan, there are no changes that would require revisions to the Downtown Station Area Specific Plan EIR. • No substantial changes have occurred with respect to the circumstances under which the Project is to be undertaken to implement the Downtown Station Area Specific Plan that will require major revisions of the Downtown Station Area Specific Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. This is supported by the fact that the Downtown Station Area Specific Plan EIR was certified just more than a year before the Project is being considered, and the circumstances surrounding the implementation of the Specific Plan are substantially similar to when the Specific Plan was adopted. • No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Downtown Station Area Specific Plan EIR was adopted, shows that: o The Project will have one or more significant effects not discussed in the Downtown Station Area Specific Plan EIR, or o Significant effects previously examined will be substantially more severe than shown in the Downtown Station Area Specific Plan EIR, or o Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Downtown Station Area Specific Plan, but the project proponents decline to adopt the mitigation measures or alternative, or o Mitigation measures or alternatives which are considerably different from those analyzed in the Downtown Station Area Specific Plan EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. This is supported by the fact that no new information, let alone new information of substantial importance, has been added to the record regarding the Project or the Downtown Station Area Specific Plan. The Environmental Consistency Analysis further confirms that the Project would not result in any significant effects not discussed in the in the Downtown Station Area Specific Plan EIR which was not known and could not have been known with the exercise of reasonable diligence at the time the Downtown Station Area Specific Plan EIR. 3. The Planning Commission therefore recommends that the City Council find that as the Project would not result in any new effects contemplated by CEQA Guidelines Section 15162, no EIR or negative declaration need be prepared for the Project because it is statutorily exempt from CEQA as a project consistent with a specific plan pursuant to Government Code Section 65457. K. CEQA Categorical Exemption Findings 1. The Planning Commission recommends that the City Council find that substantial evidence exists that the Project meets each of the required conditions to qualify as an infill development project described in Section 15332 of the CEQA Guidelines, as follows: • The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. o As discussed in the findings related to the Density Bonus and Parking Reduction request, the Project is consistent with the General Plan designation and all applicable General Plan policies. Furthermore, the Project is consistent with all applicable zoning designations and regulations. • The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. o The Project is located within the City of South San Francisco limits in the Downtown Station Area Specific Plan area, on a site of only 0.56 acres, and is substantially surrounded by urban uses, including residences and a parking structure, with small commercial uses in its immediate vicinity. • The project site has no value as habitat for endangered, rare or threatened species. o The Project Site is currently used for surface parking and single-family homes. Because the site is currently disturbed and occupied with urban uses, there is no habitat on the site that is suitable for endangered, rare, or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. o Traffic Impacts: The Project's Traffic and Circulation Analysis indicates that the Project would result in a less than significant impact with regard to traffic and no mitigation would be required. o Noise Impacts: As required by Section 1207 of the California Building Code, the Project must include design features to ensure that interior noise levels do not exceed 60 db (in accordance with State of California acoustical standards). The Project's compliance with these standards, including proposed building, ceiling, and other assemblies, must be verified by a certified acoustician. o Air Quality: The Project must comply with all regulations of the BAAQMD in relation to fugitive dust control, asphalt paving, demolition control methods regarding asbestos, and all other District regulations. The Project is not considered a stationary source and does not require a stationary source permit. In addition, the Project is an urban infill project near a high-quality transit station, and thus will generate fewer vehicle miles traveled, and less air pollution, than a comparable project located outside a developed urban area. o Water Quality: The Project will not result in any significant effects on water quality because it must incorporate Best Management Practices and implement a Water Pollution Control Plan as required by the Regional Water Quality Control Board. • The site can be adequately served by all required utilities and public services. o Public water, public wastewater, and sewer facilities adequate to serve the Project exist within Miller Avenue and Tamarack Lane. Electricity and gas are available immediately adjacent to the site. On site drainage improvements will direct surface flow into existing storm drainage facilities, which are adequate to handle projected flow from the Project. Police and fire services, as well as all other public services, are provided by the City, and, as part of their preliminary review, the police and fire departments have not identified any inadequacies in these services within the service area of the Project Site. 2. The Planning Commission recommends that the City Council find that no EIR or negative declaration need be prepared for the Project because it is categorically exempt from CEQA as an infill development project described in Section 15332 of the CEQA Guidelines. L. General CEQA Findings 1. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated March 17, 2016 attached hereto as Exhibit A, the Planning Commission, exercising its independent judgment and analysis, recommends that the City Council find that the Project is statutorily exempt from CEQA pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the DSASP and that none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred, that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 as an infill development project and that none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred, and that as a result of the Project no new effects could occur and no new mitigation would be required pursuant to CEQA Guidelines Section 15168(c)(2) and in accordance with the requirements of CEQA Guidelines Section 15162 even if the Project was not exempt from CEQA . The Environmental Consistency Analysis demonstrates that pursuant to CEQA Guidelines Section 15168(c)(2), the Project falls within the environmental parameters analyzed in the Downtown Station Area Specific Plan EIR, and that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the Downtown Station Area Specific Plan EIR certified by City Council nor would new mitigation be required for the Project. This is supported by the fact that, consistent with the Downtown Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program, the project prepared a Historic Resources Analysis, a Shadow Analysis, and a Traffic and Circulation Analysis, which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the Downtown Station Area Specific Plan EIR. M. California Government Code Section 65402 Findings 1. The location, purpose and extent of any real property to be disposed of by the City related to the development of the Project is in accordance with the City’s General Plan and the applicable Specific Plan(s), consistent with California Government Code section 65402, for the reasons set forth above, including, but not limited to Findings B.1 and C.2. NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as Exhibit C to this resolution, and conditioned upon the approval of the Development Agreement on terms acceptable to the City Council, the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends the following: 1. Make the determination that the Project is Statutorily and Categorically Exempt from CEQA and approve the Environmental Consistency Analysis, attached as Exhibit A; 2. Approve the Development Agreement (DA16-0001), substantially in the form of the Development Agreement, attached as Exhibit B; and 3. Approve a Conditional Use Permit (UP15-0010), Design Review (DR15-0083), Waiver and Modification (WM16-0001),Parking Reduction (PE16-0001), and Density Bonus. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * 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 17th day of March, 2016 by the following vote: AYES:____ Chairperson Khalfin, Vice Chairperson Faria, Commissioner Martin, Commissioner Nagales, Commissioner Ruiz and Commissioner Wong.__ NOES: ____________ ABSTENTIONS: ABSENT: Attest: /s/Sailesh Mehra Sailesh Mehra Secretary to the Planning Commission Exhibit A Environmental Consistency Analysis Exhibit B Draft Development Agreement Exhibit C Conditions of Approval DRAFT CONDITIONS OF APPROVAL P15-0043: UP15-0010, DR15-0083, PE16-0001, WM16-0001 & DA16-0001 310 Miller Avenue, 312 Miller Avenue, 314 Miller Avenue, and APN 012-311-060 (As recommended by City Staff on March 17, 2016) A) Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Divisions standard Conditions and Limitations for Commercial, Industrial, Mixed-Use and Multi-Family Residential Projects. 2. The project shall be constructed and operated substantially as indicated on the plan set prepared by HKIT Architects, dated February 23, 2016. 3. The applicant shall comply with all applicable mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) for the Downtown Station Area Specific Plan. 4. The applicant shall comply with all terms and conditions specified in the Development Agreement. 5. Landscaped areas in the project area may contain trees defined as protected by the South San Francisco Tree Preservation Ordinance, Title 13, Chapter 13.30. Any removal or pruning of protected trees shall comply with the Tree Preservation Ordinance and obtain a permit for any tree removals or alterations of protected trees, and avoid tree roots during trenching for utilities. 6. Prior to issuance of any building or construction permits, the developer shall include in the development plans the following Climate Action Plan requirements, subject to review and approval by the Chief Planner or designee: a) Install conduit to accommodate wiring for solar. b) Use of high-albedo surfaces and technologies as appropriate, as identified in the voluntary CALGreen standards. c) Implement the Water Efficient Landscape Ordinance. 7. The applicant shall comply with the recommendations of traffic and on-site circulation analysis prepared by Abrams Associates Traffic Engineering, Inc., dated September 2, 2015. 8. All parking areas are to be maintained free and clear of litter and storage and shall remain clear for parking at all times. No outdoor storage of materials or personal items is permitted. 9. If the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage on balconies, or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 10. All equipment (either roof, building, or ground-mounted) shall be screened from view through the use of integral architectural elements, such as enclosures or roof screens, and landscape screening or shall be incorporated inside the exterior building wall. Equipment enclosures and/or roof screens shall be painted to match the building. Prior to issuance of a building permit the applicant shall submit plans showing utility locations, stand-pipes, equipment enclosures, landscape screens, and/or roof screens for review and approval by the Chief Planner. 11. No signs are included in this permit application. Prior to installation of any signage, the applicant shall submit an appropriate sign application per Chapter 20.360 of the Zoning Ordinance for review and approval. 12. Prior to issuance of any building or construction permits for the construction of public improvements, the final design for all public improvements shall be reviewed and approved by the City Engineer and Chief Planner. 13. Prior to issuance of any building or construction permits for grading improvements, the applicant shall submit final grading plans for review and approval by the City Engineer and Chief Planner. 14. Prior to issuance of any building or construction permits for landscaping improvements, the applicant shall submit final landscaping and irrigation plans for review and approval by the Chief Planner. The plans shall include documentation of compliance with SSFMC § 20.300.007 “Landscaping”, including Water Efficient Landscaping and Irrigation calculations. 15. Prior to the issuance of any building or construction permits, the applicant shall contact the South San Francisco Scavenger Company to properly size any required trash enclosures and work with staff to locate the trash enclosure in accordance with the zoning ordinance, SSFMC 20.300.014. An approval letter from South San Francisco Scavenger shall be provided to the Chief Planner. 16. Unless granted a waiver by the City Council pursuant to San Francisco Municipal Code Section 20.310.004, prior to issuance of certificate of occupancy for residential uses, the applicant shall pay any applicable childcare fees in accordance with South San Francisco Municipal Code Chapter 20.115. This fee is subject to annual adjustment, and presently is assessed at $1,851.00 per high density residential unit. 17. The applicant shall provide a full-scale mockup of a section of exterior wall that shows the cladding materials and finishes, windows, trim, and any other architectural features of the building to fully illustrate building fenestration. A site inspection by Planning Division staff will be required prior to proceeding with exterior construction. 18. Any standpipe system proposed for the building shall be enclosed or recessed in a manner consistent with the proposed building’s architecture and subject to Chief Planner approval. 19. Any modification to the approved plans shall be subject to SSFMC Section 20.450.012 (“Modification”), whereby the Chief Planner may approve minor changes. All exterior design modifications, including any and all utilities, shall be presented to the Chief Planner for a determination. Planning Division contact: Rozalynne Thompson, Associate Planner (650) 877-8535 B) Fire Department requirements shall be as follows: 1. Install fire sprinkler system per NFPA 13/SSFFD requirements under separate fire plan check and permit for overhead and underground. 2. Fire sprinkler system shall be central station monitored per California Fire Code section 1003.3. 3. Install a standpipe system per NFPA 14/SSFFD requirements under separate fire plan check and permit. 4. Install exterior listed horn/strobe alarm device, not a bell. 5. Elevator if provided shall not contain shunt-trips. 6. At least one elevator shall be sized for a gurney the minimum size shall be in accordance with the CFC. 7. Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco Municipal Code. 8. Plans are to conform to Building codes and the City of South San Francisco Municipal Code. Section 15.24.130. 9. Provide fire extinguishers throughout the building. 10. All Non parking space curbs to be painted red to local Fire Code Specifications 11. Access road shall have all weather driving capabilities and support the imposed load of 75,000 pounds. 12. Provide fire hydrants; location and number to be determined. 13. Provide fire hydrants with an average spacing of 400 feet between hydrants. 14. The fire hydrants shall have a minimum fire flow of 2750 gpm at 20 psi residual pressure for duration of 4 hours. 15. All buildings shall provide premise identification in accordance with SSF municipal code section 15.24.100. 16. Provide Knox key box for each building with access keys to entry doors, electrical/mechanical rooms, elevators, and others to be determined. 17. All buildings shall have Emergency Responder Radio Coverage throughout in compliance with Section 510 of the California Fire Code. 18. This new residential construction will be assessed an adopted Public Safety Impact Fee. The amounts for low density are $168.90 per unit for the Police Department and $394.10 per unit for the Fire Department. Fire Department contact: Luis DaSilva, Fire Marshal (650) 829-6645 C) Engineering Division requirements shall be as follows: 1. The building permit application plans shall conform to the standards of the Engineering Division’s “Building Permit Typical Plan Check Submittals” requirements, copies of which are available from the Engineering Division. 2. The owner shall, at his/her expense, replace any broken sidewalk, curb, and gutter fronting the property. The City of SSF shall be the sole judge of whether any such replacement is necessary. 3. For any work performed in the City’s right-of-way, the Owner shall apply for and obtain an encroachment permit, and shall be responsible for all fees and deposits for the permit. 4. Pay sewer lateral connection fee. 5. If excavation and grading work involves movement of more than 50 cubic yards of soil, a grading permit is required. Owner is responsible for all associated fees and deposits. 6. Applicant needs to do sewer study to verify that the existing sewer mains can handle the additional flow the new development on the combined parcels. a. Oyster Point Interchange Impact Fee: Not Applicable. b. East of 101 Sewer Impact Fee: Not Applicable c. East of 101 Traffic Impact Fee (TIF): Not Applicable. Engineering Division contact: Robert Hahn, Senior Engineer (650) 829-6652 D) Police Department requirements shall be as follows: 1. All construction must conform to South San Francisco Municipal Code Chapter 15.48 – Minimum Security Standards. Police Department contact: Mike Rudis, Sargeant (650) 829-6652 E) Water Control Quality Plant requirements shall be as follows: 1. Fire sprinkler test drain must be connected to the sanitary sewer. 2. Condensate drains from HVAC system must be connected to the sanitary sewer. 3. Site is subject to Low impact development requirements; site must treat stormwater prior to it entering the stormwater system. 4. Completed attached forms for low impact development. 5. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo (No Dumping! Flows to Bay). 6. Landscaping shall meet the following conditions related to reduction of pesticide use on the project site: a) Where feasible, landscaping shall be designed and operated to treat stormwater runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified. b) Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. c) Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable. d) Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. e) Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design to the maximum extent practicable. Examples of IPM principles and techniques include: i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site. In making these selections, consider future conditions when plants reach maturity, as well as seasonal changes. iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest-resistant and disease-resistant plants. v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan. vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects. 7. No decorative bark shall be used in landscaping. 8. A grading and drainage plan must be submitted. 9. An erosion and sediment control plan must be submitted. Water Quality contact: Rob Lecel, Senior Environmental Compliance Officer (650) 877-8555 Exhibit D Project Plans 2620531.1