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HomeMy WebLinkAboutPC Meeting 09-17-15 (Reso 2778-2015) - SSF Pawn ZA and CUP - Final - Revised Reso Title RESOLUTION NO. 2778-2015 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 20.090 (“COMMERCIAL, OFFICE, AND MIXED-USE DISTRICTS”), CHAPTER 20.110 (“EMPLOYMENT DISTRICTS”), CHAPTER 20.280 (“DOWNTOWN STATION AREA SPECIFIC PLAN DISTRICT”), CHAPTER 20.350 (“STANDARDS AND REQUIREMENTS FOR SPECIFIC USES AND ACTIVITIES”), AND CHAPTER 20.620 (“COMMERCIAL USE CLASSIFCATIONS”) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REFLECT CHANGES TO THE DOWNTOWN STATION AREA SPECIFIC PLAN DISTRICT AREA TO CONDITIONALLY ALLOW PAWNBROKERS IN THE DOWNTOWN TRANSIT CORE ZONING SUB-DISTRICT, TO MAKE PAWNBROKERS A SEPARATE USE CLASSIFICATION, UPDATE LAND USE REGULATIONS TABLES CITYWIDE, TO ADD SPECIFIC PERFORMANCE STANDARDS FOR PAWNBROKER USES, AND TO APPROVE A CONDITIONAL USE PERMIT REQUEST. WHEREAS, on January 28, 2015 the City Council for the City of South San Francisco considered and adopted the Downtown Station Area Specific Plan (“Plan”) and associated Draft and Final Environmental Impact Reports; and WHEREAS, as part of the Plan adoption, the Downtown Station Area Specific Plan Zoning District (“Zoning District”) was adopted to provide the framework for new development in the downtown area; and WHEREAS, the Zoning District prohibited all uses not consistent with the Bank and Credit Union classification within the Zoning District, and this prohibition included Alternative Loan Businesses and Pawnbroker under the Other Financial Services commercial use classification, in an effort to limit predatory lending businesses near vulnerable populations residing in the surrounding area; and WHEREAS, since the time of Plan and Zoning District adoption, an applicant has requested a revision to the Zoning District to conditionally allow pawnbrokers within certain zoning sub-districts citing the well-regulated pawnbroker industry as non-predatory compared to Alternative Loan Businesses, such as payday lenders; and WHEREAS, since pawnbrokers are a well-regulated industry distinct from Alternative Loan Businesses, regulations should be tailored to specific Pawnbroker uses and pawnbrokers should be made a separate use classification in Chapter 20.620; and WHEREAS, the inclusion of the Pawnbroker commercial use classification within the Zoning District would require the addition of new performance standards in Chapter 20.350 tailored to the operation of Pawnbroker uses; and WHEREAS, these changes cumulatively would permit Pawnbroker uses to operate within the Downtown Transit Core (DTC) zoning sub-district with approval of a Conditional Use Permit; and WHEREAS, adding Pawnbroker as a conditionally permitted use in the DTC would allow South City Pawn, a long-time business of the downtown area, to relocate due to displacement; and WHEREAS, South City Pawn has operated continuously in the downtown area for 46 years and provides retail and banking opportunities for residents and visitors; and WHEREAS, allowing Pawnbroker uses in the DTC district would preserve the existing City preference for only traditional Banks and Credit Unions on Grand Avenue; and WHEREAS, unlike Alternative Loan Businesses, such as payday lenders, vehicle title lenders, and similar operations, pawnbrokers are closely regulated by the state and federal government with strict limits on loan fees in California; and WHEREAS, the typical interest fees for a pawnbroker average 36% on an annual basis compared with up to 460% interest rates for short-term payday loans; and WHEREAS, the City Council has expressed an interest in retaining certain long-term businesses such as South City Pawn within the downtown commercial area; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Zoning Ordinance (“Ordinance”), including refinements to Chapter 20.280 for the Downtown Station Area Specific Plan District, Chapter 20.090 for the Commercial, Office and Mixed-Use Districts and Chapter 20.110 for the Employment Districts and modifications to both Chapter 20.620 for Commercial Use Classifications and Chapter 20.350 for Standards and Requirements for Specific Uses and Activities; and WHEREAS, these Amendments are consistent with the previous preparation, circulation, consideration, and adoption of the Plan EIR in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), in which the EIR analyzed the environmental impacts of adopting the Plan and associated Ordinance amendments and concluded that adoption of the Plan could have a significant effect on the environment because some of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the City Council adopted the EIR and a Statement of Overriding Considerations that evaluated the benefits of the Plan against its unavoidable impacts on January 28, 2015; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), in which the IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the refinements, additions, clarifications, and/or corrections set forth in this Amendment, as they relate to use classification tables within the Zoning District, Commercial Use Classifications, and Performance Standards for Pawnbrokers, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIR adopted for the Plan or the IS/ND prepared for the Zoning Ordinance Update, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS, on September 17, 2015 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Ordinance Amendments and Conditional Use Permit request, take public testimony, and make a recommendation to the City Council on the Ordinance Amendments and Conditional Use Permit. 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, including all amendments and updates thereto; the South San Francisco Municipal Code; the adopted South San Francisco Downtown Station Area Specific Plan, prepared by BMS Design Group; the South San Francisco Downtown Station Area Specific Plan EIR, including the Draft and Final EIR, and all appendices thereto; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed September 17, 2015 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: SECTION 1 FINDINGS I. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits attached to this Resolution, including the proposed Zoning Text Amendments (Exhibit A) 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 Chief Planner, Sailesh Mehra. II. Zoning Text Amendment Findings 1. As described in Section II and attached as Exhibit A, adoption of the proposed Ordinance Amendments will include revisions to Title 20 of the South San Francisco Municipal Code, to reflect minor changes to the Downtown Station Area Specific Plan District (SSFMC 20.280) the Commercial, Office and Mixed Use Districts (SSFMC 20.090) and the Employment Districts (SSFMC 20.110), and to create a separate commercial use classification for Pawnbrokers (SSFMC 20.620) and to add specific Performance Standards for Pawnbrokers (SSFMC 20.350). 2. The proposed Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies related to land use, specifically supporting retail opportunities in appropriate locations. Further the Ordinance Amendments do not conflict with any specific plans, and will remain consistent with the City’s overall vision for community development, economic vitality, and redevelopment in the downtown. None of the new or revised definitions, tables, figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 3. The subject property, which is impacted by the Ordinance Amendments, is suitable for the uses permitted in the proposed Downtown Transit Core zoning sub-district in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the Planning Commission and City Council because the introduction of the Ordinance Amendments will allow for certain opportunities to permit Pawnbroker uses within the downtown area, but subject to performance standards to prevent an overconcentration of Pawnbrokers. 4. The proposed Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the Ordinance Amendments would provide for sufficient development, land use, and performance standards related to new development or alteration. More specifically, the Ordinance Amendments include regulations to conditionally permit Pawnbroker uses within the Downtown Transit Core (DTC) zoning district consistent with Chapter 6.92 regulated by the Police Department and provide revisions to Chapter 20.350 to create performance standards that reflect the unique nature of operating a Pawnbroker use. The proposed Ordinance Amendments will not be detrimental to the public interest, convenience, or welfare of the City or land within the City since Alternative Loan Business uses would remain prohibited and only Pawnbroker uses would be conditionally permitted in the DTC. III. Conditional Use Permit Findings 1. As described in Section III and attached as Exhibit B, adoption of the Resolution makes the following findings and recommendations to the City Council for conditions of approval in support of a Conditional Use Permit to allow operation of South City Pawn (Pawnbroker) at 230 Miller Avenue in the Downtown Transit Core (DTC) Zoning District in accordance with SSFMC Chapters 6.92, 20.280, 20.350, 20.490 & 20.550, based on public testimony and materials submitted to the South San Francisco Planning Commission which include, but are not limited to: Application materials prepared by applicant, submitted August 20, 2015; Planning Commission staff report dated September 17, 2015; and Planning Commission meeting of September 17, 2015. 2. The proposed use is allowed within the applicable zoning district, as proposed for amendment, and complies with all other applicable provisions of the Ordinance and all other titles of the South San Francisco Municipal Code, as proposed for amendment to address the unique nature of a Pawnbroker retail operation; 3. The proposed use is consistent with the General Plan, specifically General Plan policies supporting retail opportunities in appropriate locations, and does not conflict with the Downtown Station Area Specific Plan or any other applicable specific plan; 4. The proposed use will not be adverse to the public health, safety, or general welfare of the community as the application has been evaluated by the Police Department for conformance to Municipal Code and state regulations, nor will the proposed use be detrimental to surrounding properties or improvements if the proposed new performance standards for Pawnbrokers were to be approved and adopted by the City Council and based on the compatibility of a primarily retail operation within the Downtown Station Area Plan Zoning District; 5. The proposed use complies with any design or development standards applicable to the zoning district as this would be a reuse of an existing structure with no exterior changes and the use in question would be permitted if the Zoning Amendment to modify the Commercial Use Classifications to make Pawnbrokers a separate use classification and to add the new performance standards for Pawnbrokers were to be approved and adopted by the City Council, consistent with a resolution of the Planning Commission ; 6. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and reasonably foreseeable future land uses in the vicinity, which are intended to be mixed-use and in support of pedestrian traffic and density, and with the performance standards for Pawnbroker uses, as proposed with the related Ordinance Amendment; 7. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, in that the existing building on site will be reused with a compatible use; and 8. An environmental determination that the reuse of an existing building is Categorically Exempt pursuant to the provisions of Section 15301 – Class 1: Minor alterations of an existing site and structure with negligible changes has been prepared in accordance with the California Environmental Quality Act. SECTION 2 RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council adopt an ordinance amending Chapter 20.280, 20.090, 20.110, 20.620 and 20.350, attached as Exhibit A, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council approve a resolution approving a conditional use permit subject to the draft Conditions of Approval, attached as Exhibit B. 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 a special meeting held on the 17th day of September, 2015 by the following vote: AYES: Chairperson Wong, Vice Chairperson Khalfin, Commissioner Faria, Commissioner Nagales, Commissioner Ruiz____________________ NOES: Commissioner Martin___________________________________________ ABSTENTIONS:________________________________________________________ ABSENT: Commissioner Lujan___________________________________________ Attest:__________________________________ Sailesh Mehra Secretary to the Planning Commission EXHIBIT A PROPOSED ZONING TEXT AMENDMENT ZA15-0007 EXHIBIT B DRAFT CONDITIONS OF APPROVAL UP15-0012 2523213.1