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HomeMy WebLinkAboutPC Meeting 06-05-14 (Reso 2744-2014) - Parking Zoning AmendmentsRESOLUTION NO. 2744-2014 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO ZONING CODE, RELATED TO COMMERCIAL AND PUBLIC PARKING USES CITYWIDE WHEREAS, in July of 2010, after over two years of preparation and public hearings, the City Council for the City of South San Francisco adopted a comprehensive update to the City’s zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including revisions to the City’s Chapter regulating commercial and public parking uses City-wide, as further set forth in the Ordinance attached hereto as Exhibit A; 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”), which 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, clarifications, and/or corrections to the Zoning Ordinance as they relate to commercial and public parking uses City-wide, set forth in the Ordinance attached as Exhibit A, 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 IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 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 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on June 5, 2014; 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 does hereby find as follows: SECTION I FINDINGS A. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. Exhibit A attached to this Resolution, is 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, Susy Kalkin. B. Zoning Amendment Findings 1. The proposed zoning amendments are consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies related to maintaining a balanced land use program and is consistent with the City’s overall vision for the proper location of commercial and public parking uses. None of the new or revised definitions and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Zoning Amendment to create Public Parking and Commercial Parking use sub-classifications would not affect any particular subject property. The zoning districts where such uses are permitted are generally suitable 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 proposed uses are consistent with General Plan policies, specifically those policies related to maintaining a balanced land use program. 3. The proposed change of zoning district is not detrimental to the use of land in any adjacent zone because the proposed Zoning Amendment creates separate Commercial Parking and Public Parking use sub-classifications, and will preserve the ability to separate public parking uses into appropriate commercial-, downtown- and public-related zoning districts and commercial parking uses into appropriate employment-related zoning districts. SECTION II RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council adopt an ordinance making the refinements, clarifications, and corrections to the zoning ordinance as related to commercial and public parking uses City-wide as set forth in Exhibit A. BE IT FURTHER RESOLVED that the 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 5th day of June, 2014 by the following vote: AYES: Chairperson Martin, Vice Chairperson Wong, Commissioner Giusti, Commissioner Khalfin and Commissioner Zemke NOES: ABSTENTIONS: ABSENT: Commissioner Ochsenhirt Attest: /s/Susy Kalkin Susy Kalkin Secretary to the Planning Commission Exhibit A Draft Ordinance Revisions 2281702.1 ORDINANCE NO. ________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE MAKING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING CODE, RELATED TO COMMERCIAL AND PUBLIC PARKING USES CITYWIDE WHEREAS, in July of 2010, the City Council for the City of South San Francisco adopted a comprehensive update to the City’s zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then- existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including revisions to the City’s Chapter regulating commercial and public parking uses City-wide, as further set forth in the Ordinance; 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”), which 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, clarifications, and/or corrections set forth in this Ordinance, as they relate to commercial and public parking uses City-wide, 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 IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. (“CEQA”)) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on June 5, 2014; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on ________, 2014; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 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, Susy Kalkin. B. Zoning Amendment Findings 1. The proposed zoning amendments are consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies related to maintaining a balanced land use program and is consistent with the City’s overall vision for the proper location of commercial and public parking uses. None of the new or revised definitions and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Zoning Amendment to create Public Parking and Commercial Parking use sub-classifications would not affect any particular subject property. The zoning districts where such uses are permitted are generally suitable 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 proposed uses are consistent with General Plan policies, specifically those policies related to maintaining a balanced land use program. 3. The proposed change of zoning district is not detrimental to the use of land in any adjacent zone because the proposed Zoning Amendment creates separate Commercial Parking and Public Parking use sub-classifications, and will preserve the ability to separate public parking uses into appropriate commercial-, downtown- and public-related zoning districts and commercial parking uses into appropriate employment-related zoning districts. SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows (with text in double underline indicating addition and text in strikethrough indicating deletion). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Use Tables (1) Amend Table 20.090.002 “Land Use Regulations – Commercial, Office, and Mixed-Use Districts”, to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: Use Classification CC BPO CMX ECRMX Additional Regulations Commercial Uses (cont’d) Parking, Public or Private P P P P Parking Services See sub-classifications below Public Parking P P P P (2) Amend Table 20.100.002 “Land Use Regulations – Downtown Districts”, to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: Use Classification DC DMX DRL DRM DRH Additional Regulations Commercial Uses (cont’d) Parking Services See sub-classifications below Public Parking P P - - - (3) Amend Table 20.110.002 “Land Use Regulations – Employment Districts”, to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: Use Classification BC BTP FC MI Additional Regulations Commercial Uses (cont’d) Parking, Public or Private MUP MUP P(8) C Parking Services See sub-classifications below Commercial Parking MUP MUP P(8) C (4) Amend Table 20.120.002 “Land Use Regulations – Public and Semi-Public Districts”, to identify the zoning districts where the uses will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: Use Classification PQP S Additional Regulations Commercial Uses Parking, Public or Private MUP - Parking Services See sub-classifications below Public Parking P - B. Chapter 20.620 “Use Classifications” (5) Amend Section 20.620.004 “Commercial Use Classifications”, to delete the use classification “Parking, Public or Private” and to add the use classification “Parking Services” and associated sub-classifications as follows: Parking, Public or Private. Surface lots and structures for use of occupants, employees, or patrons on the subject site or offering parking to the public for a fee when such use is not incidental to another activity. Parking Services. Surface lots and structures offering parking to the public with or without a fee when such use is considered Accessory Parking to another activity or use. Commercial Parking. Privately owned and operated surface lots and structures offering parking to the public with or without a fee. Commercial Parking facilities provide parking that is not considered Accessory Parking to a specific use. Public Parking. City owned and operated surface lots and structures offering parking to the public with or without a fee. SECTION III. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk ’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. * * * * * * * City Council held the _____ day of _____________, 2014 by the following vote: Introduced and adopted at a regular meeting of the City Council held the _____ day of _____________, 2014 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Krista Martinelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _____ day of _____________, 2014. Karyl Matsumoto, Mayor 2281717.1