HomeMy WebLinkAboutPC Meeting 01-17-13 (Reso 2729-2013) - RDA Zoning Code RevisionsRESOLUTION NO. 2729-2013
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE MAKING REVISIONS
TO TITLE 20 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE, RELATED TO THE ELIMINATION
OF REDEVELOPMENT AGENCIES
WHEREAS, the California Legislature adopted, the Governor signed, and the California
Supreme Court, in California Redevelopment Association, et al. v. Matosantos, (2012) 53 Cal.4th
231, upheld Assembly Bill x1 26 (“ABx1 26”);
WHEREAS, pursuant to ABx1 26, all California redevelopment agencies were dissolved
effective February 1, 2012;
WHEREAS, pursuant to Resolution No. 8-2012, adopted by the City Council on January
25, 2012, the City of South San Francisco (“City”) agreed to serve as the successor agency to the
Redevelopment Agency of the City of South San Francisco (the “Redevelopment Agency”)
commencing upon the dissolution of the Redevelopment Agency on February 1, 2012; and
WHEREAS, the City has identified areas of the South San Francisco Municipal Code that
require refinement, clarification, and/or correction to reflect the elimination of redevelopment
agencies, as further set forth in the Ordinance, attached hereto as Exhibit A; and
WHEREAS, the South San Francisco Municipal Code requires that all Zoning Code
amendments (Title 20) shall be first referred to the Planning Commission, which shall hold at
least one public hearing on any proposed zoning code amendment and shall make a
recommendation on the proposed zoning amendment to the City Council; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) the Initial
Study/Negative Declaration for the Citywide Zoning Ordinance Update analyzed the
environmental impacts of the Zoning Ordinance Update, including administrative review
provisions, and these limited revisions to the Municipal Code related to the former
Redevelopment Agency, are minor in nature and require no further CEQA review.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, CEQA and the CEQA Guidelines, 14 California Code of
Regulations § 15000, et seq.; the South San Francisco General Plan and General Plan EIR; the
South San Francisco General Plan Update and General Plan Update EIR; the South San
Francisco Municipal Code, including the comprehensive Zoning Ordinance Update; all reports,
minutes, and public testimony submitted as part of the Planning Commission's duly noticed
meeting on January 17, 2013; 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:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, as related to Title 20 of the South
San Francisco Municipal Code, that the Planning Commission hereby recommends that the
South San Francisco City Council adopt an ordinance to remove references to the former
Redevelopment Agency, and to update the South San Francisco Municipal code accordingly to
reassign former Redevelopment Agency decision-making authority and actions, as set forth in
the ordinance attached hereto as 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 17th day of January, 2013
by the following vote:
AYES: Chairperson Zemke, Vice-Chairperson Ochsenhirt, Commissioner Giusti,
Commissioner Martin, Commissioner Prouty and Commissioner Sim
NOES:
ABSTENTIONS:
ABSENT:
Attest:
Susy Kalkin
Secretary to the Planning Commission
Exhibit A
Draft Ordinance
ORDINANCE NO. ________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE MAKING REVISIONS, CORRECTIONS
AND CLARIFICATIONS TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE, RELATED TO THE
ELIMINATION OF REDEVELOPMENT AGENCY
REFERENCES
WHEREAS, the California Legislature adopted, the Governor signed, and the California
Supreme Court, in California Redevelopment Association, et al. v. Matosantos, (2012) 53 Cal.4th
231, upheld Assembly Bill x1 26 (“ABx1 26”);
WHEREAS, pursuant to ABx1 26, all California redevelopment agencies were dissolved
effective February 1, 2012;
WHEREAS, pursuant to Resolution No. 8-2012, adopted by the City Council on January
25, 2012, the City of South San Francisco (“City”) agreed to serve as the successor agency to the
Redevelopment Agency of the City of South San Francisco (the “Redevelopment Agency”)
commencing upon the dissolution of the Redevelopment Agency on February 1, 2012; and
WHEREAS, the City has identified areas of the Municipal Code that require refinement,
clarification, and/or correction, including revisions to the City’s ordinances to reflect the
elimination of redevelopment agencies, as further set forth in the Ordinance.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION I. AMENDMENTS.
The City Council hereby amends the following sections of the South San Francisco Municipal
Code to read as follows (with text in double strikeout indicating deletion and double underlined
text indicating addition). Sections and subsections that are not amended by this Ordinance are
not included below, and shall remain in full force and effect.
A. Chapter 2.18 ”City Council – General Provisions”
(1) Delete Section 2.18.010 “Council declared redevelopment agency”, in its entirety, as
follows:
2.18.010 Council declared redevelopment agency.
The city council does ordain as follows:
(a) That there exists the need for a redevelopment agency to function in the city;
(b) That the area within which the redevelopment agency shall function is the city of
South San Francisco;
(c) That the city council declares itself to be the redevelopment agency;
(d) That by declaring itself to be the redevelopment agency, the city council is
serving the public interest and promoting the public safety and welfare in an effective manner.
B. Chapter 6.20 “Newspaper Racks and Banks”
(1) Amend Section 6.20.060 “Application for newsrack permit” as follows:
6.20.060 Application for newsrack permit.
(a) A person seeking issuance of a permit pursuant to this chapter shall file with the
director a written application on a form supplied by the city. The application shall include the
following information:
(5) A written statement in a form approved by the city attorney, whereby the
applicant agrees to indemnify and hold harmless the city, the South San Francisco redevelopment
agency, and their its officers, employees, agents and representatives, from any loss, claim,
liability, or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use, placement and/or maintenance
of a newsrack within the city.
C. Chapter 8.54 “Community Preservation”
(1) Amend Section 8.54.060 “Street,” of Article I, as follows:
8.54.060 Street.
“Street” means the full width of the right-of-way of any street, as defined in the
California Vehicle Code used by the general public, whether or not such street has been accepted
as and declared to be part of the city system of streets, including streets forming a part of the
state highway system. “Street” also includes easements where the city is the grantee of the
easement and property owned by the city of South San Francisco or the redevelopment agency of
the city of South San Francisco.
(2) Amend subsection (k) of Section 8.54.070 “Unlawful property nuisance—Private
property” of Article II, as follows:
(k) Miscellaneous.
(1) Any other condition or use of property which gives rise to a reasonable
determination that said condition or use represents some threat to the health and welfare of the
public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with
the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment,
use, or property values of such properties.
(2) The existence of any condition or use causing dense smoke, gas, soot, cinders or
other particulate matter in such quantities as to render the occupancy of surrounding properties
uncomfortable to a person of ordinary sensibilities.
(3) Any violation of the South San Francisco Municipal Code, including but not
limited to a failure to comply with a term or condition imposed by any agreement, entitlement,
permit, license or environmental document issued or approved by or on behalf of the city or the
South San Francisco redevelopment agency.
D. Chapter 20.210 Bay West Cove Specific Plan District
(1) Amend Table 20.210.003 “Land Use Regulations—Bay West Cove Specific Plan
District”, as follows:
Table 20.210.003
Land Use Regulations—Bay West Cove Specific Plan District
Bay West Cove Planning
Area
Uses Permitted 1a 1b 2 3 4 Additional Regulations
Public and Semi-Public Use
Classifications
Day Care Centers P P P P P See Section 20.350.014 Day Care
Centers
Park and Recreation Facilities, Public P P P P P
Commercial Use Classifications
Eating and Drinking Establishments P P P P P See Section 20.350.028 Outdoor
Seating
Food and Beverage Sales See subclassifications below
Convenience Market P P P P - See Section 20.350.013
Convenience Market
Lodging See subclassifications below
Hotels and Motels - P - - P
Maintenance and Repair Services P P P P P
Offices P P(1) P P -
Personal Services P P P P P See Section 20.350.030 Personal
Services
Retail P P P P P
Employment Use Classifications
Research and Development P - P P -
Specific Limitations:
1. Office use may be permitted in Planning Area 1b only if it is proven to the satisfaction of
the Planning Commission Redevelopment Agency that a full service hotel project is not viable on the site.
(2) Amend Section 20.210.004 “Development Standards”, as follows:
A. Maximum Floor Area Ratio (FAR). The maximum floor area in Planning Areas
1a, 1b, 2 and 3 is 1.2 for Hotels and Motels and .5 for all other uses unless the Redevelopment
Agency Planning Commission grants an FAR bonus in accordance with the following:
1. 0.4 for Hotels and Motels and 0.2 for all other uses for the incorporation of
Transportation Demand Management (TDM) measures.
2. 0.2 for the provision of off-site improvements.
3. 0.2 for Hotels and Motels and 0.1 for all other uses for projects meeting specified
design standards.
(3) Amend Section 20.210.010 “Transportation Demand Management”, as follows:
A. General Requirements—Planning Areas 1a, 1b, 2 and 3.
1. Transportation Demand Management (TDM). Project sponsors shall implement
a TDM plan to reduce vehicular trips, and shall be required to achieve a minimum 35 percent
alternative mode use by tenant employees.
2. TDM Monitoring Report. The project sponsors shall prepare an annual TDM
report to document a minimum 35 percent alternative mode usage as identified in the Bay West
Cove Supplemental EIR.
a. Required monitoring shall commence two years after a certificate of occupancy is
granted for any building within Planning Area 1a, 1b, 2 or 3.
b. The report will be prepared by an independent consultant, hired by the City, and
paid for by the project sponsors, working in full cooperation with the on-site TDM coordinator.
c. The report will be based on an employee survey to determine employee commute
methods on a typical workday. All nonresponses will be counted as a drive alone trip.
3. If the results of the annual report indicate that the TDM program is not achieving
the 35 percent alternative mode usage, the project sponsor will receive a warning and be required
to identify changes in the TDM program which will be undertaken during the subsequent year in
order to achieve the minimum 35 percent standard. If the annual TDM report for the subsequent
year indicates that, in spite of the changes in the TDM program, the 35 percent alternative mode
usage is still not being achieved, the project sponsor may be assessed a financial penalty by the
Redevelopment Agency Planning Commission for each percentage point below the minimum 35
percent alternative mode use standard, as indicated in the owner participation agreement.
(4) Amend Section 20.210.011 “Public Improvements and Infrastructure”, as follows:
A. The public improvements to serve the uses set forth in this chapter may be funded, as
practicable and legally and fiscally feasible, by one or more of the following measures:
1. Contributions and advances by the owner.
2. Financing as authorized by the Community Redevelopment Law (commencing at
California Health and Safety Code Section 33000).
32. Assessment districts (including but not limited to public improvement districts,
landscaping and lighting districts and other mechanisms) and bond issues authorized thereunder.
The credit, assets and revenues of the City Redevelopment Agency shall not be pledged, used, or
relied upon in obtaining such financing.
(5) Amend Section 20.210.014 “Administration and Implementation”, as follows:
The Bay West Cove specific plan shall be implemented through the review of precise
plans, which sets forth in detail development details for proposed structures and related
improvements and their arrangements on individual parcels; parcel maps, design review and sign
permits. The Redevelopment Agency Planning Commission shall review precise plans, parcel
maps, and sign applications to determine consistency with the Bay West Cove specific plan and
the redevelopment plan.
A. Precise Plans. Precise plans shall be governed by the following requirements:
1. No person shall commence any use, erect any structure or make exterior
modifications to any existing structure, parking area or structure, or shall any certificate of
occupancy be issued for any new use or structure or modification until a precise plan has been
approved in accord with this section. The following shall not require the approval of a precise
plan:
a. Change in sign copy on existing sign, or on signs designed to allow a change of
copy; or
b. Changes required in whole or part by a requirement of any governmental agency.
2. Application. When a precise plan is required by the Bay West Cove specific plan,
the precise plan shall be submitted to the Chief Planner Executive Director of the Redevelopment
Agency. The Chief Planner Executive Director shall check each application for completeness
and, if the precise plan is deemed incomplete, the Chief Planner Executive Director shall notify
the applicant of any deficiency within 30 days of precise plan submittal.
3. Contents. The following information and drawings shall be required for precise
plan consideration, except that the Executive Director of the Redevelopment Agency Chief
Planner may require either less or additional information, depending on the nature of the
application:
a. Applicable tentative or final parcel and/or subdivision maps for the area
encompassed by a precise plan;
b. All landscape, hardscape and amenity features with appropriate plant materials
and sizes;
c. Grading and drainage plans, unless the South San Francisco City Engineer
determines such plans are not needed;
d. Architectural plans and exterior elevations indicating profiles and exterior
materials and colors, drawn to scale;
e. Scale drawing of all signs and light standards, with details of height, area, color,
methods of sign illumination;
f. Any other drawings or additional information necessary for the Redevelopment
Agency Planning Commission to review and make its necessary determinations.
4. Guidelines for Review. In reviewing precise plans, the Redevelopment Agency
Planning Commission shall adhere to the standards set forth within and shall further attempt to
foster and promote the general character and purposes of the specific plan.
5. Design Review. Each precise plan application shall be referred to the design
review board, which shall forward a recommendation to the Planning Commission
Redevelopment Agency prior to final action on the precise plan.
6. Period of Review. To ensure orderly development of the site, the Planning
Commission Redevelopment Agency shall act promptly on any request for approval.
7. Chief Planner’s Review Executive Director’s Review. The Chief Planner
Executive Director of the Redevelopment Agency shall review the application in light of
guidelines and standards set forth herein and shall consult with the staff of the affected
departments in the review of each precise plan. Upon completion of his or her review, the Chief
Planner Executive Director’s Review shall submit the precise plan to the Planning Commission
board of the Redevelopment Agency and shall recommend that the board Planning Commission
approve, conditionally approve, disapprove, or suggest modifications to the precise plan.
8. Planning Commission Redevelopment Agency Decision. The Redevelopment
Agency Planning Commission shall approve, conditionally approve, disapprove or suggest
modification to the precise plan. No approval shall be unreasonably withheld by the Commission
agency if the precise plan complies with the specific plan. The Planning Commission
Redevelopment Agency shall make the following findings in approving or conditionally
approving a precise plan:
a. The proposed precise plan is consistent with the Bay West Cove sSpecific Plan
City’s redevelopment plan and the owner participation agreement.
b. The proposed precise plan is consistent with the City’s General Plan.
c. The proposed precise plan is consistent with the East of 101 Area Plan.
9. Changes to Approved Plans. If significant changes to an approved precise plan
are desired by the applicant, a revised precise plan shall be submitted and processed according to
the procedures established herein for approval of the original precise plan. Revisions which are
minor in nature, other than those applied as a conditional of approval, shall be reviewed and
approved by the Executive Director of the Redevelopment Agency Chief Planner.
10. Expiration of Approval. Any approved precise plan shall lapse and shall be
deemed void: (a) two years after the date of its approval if a building permit has not been issued
and/or construction has not commenced or has not proceeded with due diligence thereafter; or (b)
after a longer duration as otherwise provided in an approved development agreement. One-year
extensions of the time may be granted by the Planning Commission. Projects are subject to the
phasing, if any, established for the buildings within the approved precise plan.
Any building permit or variance permit for which a precise plan has been approved,
conditionally approved or modified shall lapse and shall be deemed void two years after its
effective date if a building permit has not been issued and/or construction has not commenced or
has not proceeded with due diligence thereafter. Reasonable extensions of time may be granted
by the board of the Redevelopment Agency.
B. Variance Procedures. Where practical difficulties, unnecessary hardships or
results inconsistent with the general purpose of the Specific Plan may result from the strict
application of certain provisions thereof, variances may be granted pursuant to Chapter 20.500 of
the municipal code. Where practical difficulties, unnecessary hardships and results inconsistent
with the general purpose of the Gateway specific plan may result from the strict application of
certain provisions thereof, variance permits may be granted as provided in this section.
1. Application. An owner may apply for a variance by submitting a written
application on a form prescribed by the Planning Division.
2. Investigation. When a variance application is filed, the Executive Director of the
Redevelopment Agency shall make an investigation and review of said application. Upon
completion of the review, the Executive Director of the Redevelopment Agency shall set a public
hearing before the Redevelopment Agency on the application.
3. Public Hearing. Variance applications shall be considered at a public hearing
held before the Redevelopment Agency, with notice of said hearing provided as required by the
South San Francisco Municipal Code.
4. Redevelopment Agency Decision. At the conclusion of the public hearing, the
Redevelopment Agency shall make written findings of fact as to whether the variance sought
will be in harmony with the Bay West Cove specific plan. The Redevelopment Agency may, by
resolution, grant or deny the variance as it deems necessary to fulfill the purpose of the Bay West
Cove specific plan and may grant the variance with conditions and require reasonable guarantees
and evidence that such conditions are being or will be met.
C. Parcel Maps. Applications for parcel maps within the specific plan areas shall be
governed by the following requirements:
1. Applications for parcel maps shall be prepared in accordance with the
requirements of the City’s subdivision ordinance.
2. All lots shall either abut a dedicated and improved street or shall provide like
access in the form of an access easement, or other means acceptable to the City Engineer, to a
dedicated and improved street.
3. Parcel map applications shall be processed in accordance with the standards and
procedures identified in the City’s subdivision ordinance with the Redevelopment Agency acting
as the Planning Commission.
E. Chapter 20.220 “Gateway Specific Plan District”
(6) Amend Section 20.220.001 – “Gateway Specific Plan District Purpose”, as follows:
The Gateway specific plan provides for the coordinated development of certain property
located in the City of South San Francisco Gateway redevelopment project area so as to take
advantage of the superior environment which can result from large scale comprehensive
planning. The concepts, regulations and conditions established by the Gateway specific plan are
intended to provide for various commercial and research and development land uses integrated
by consistent development standards.
The Gateway specific plan serves to refine and to implement the general plan of the City
of South San Francisco with respect to the specific plan area. The Gateway specific plan further
provides the opportunity to combine the concepts, procedures and regulations of several
documents into one. These documents include the general plan, the redevelopment plan adopted
on June 17, 1981 by Ordinance No. 867-81, the Zoning Ordinance and certain aspects of the
Subdivision Ordinance.
The Gateway specific plan establishes the type, location, intensity and character of
development to take place in the specific plan area, while allowing for creative and imaginative
design concepts. The zoning regulations, development standards and other regulations of the
Gateway specific plan are designed to foster well-conceived development of the specific plan
area as a positive community asset of the City of South San Francisco.
(7) Amend Section 20.220.005 – “Building Improvements”, as follows:
All construction shall comply with all provisions of the California Building Code, the
various Mechanical, Electrical and Plumbing Codes, the Uniform Fire Code and the Building
Security Standards adopted by the City of South San Francisco, as amended from time to time.
All buildings and improvements located on any site shall be constructed by the owner of such
site in accordance with the requirements of the Planning Commission Redevelopment Agency
and in accordance with the following standards, unless an exception is approved in writing by the
Planning Commission Redevelopment Agency.
A. Exterior Walls. Exterior walls shall be of wood, masonry, concrete or other
equivalent material approved by the Planning Commission Redevelopment Agency and shall be
finished in a manner acceptable to the Planning Commission Redevelopment Agency.
(8) Amend Section 20.220.007 – “Fences”, as follows:
No fence, wall, or similar structure shall be erected, installed or permitted to remain on
any site within 20 feet of the front property line, or within ten feet of a side or rear property line
that is not a street property line, or in front of a building facing the street, without the prior
approval of the Planning Commission Redevelopment Agency.
(9) Amend Section 20.220.009 – “Circulation and Parking”, as follows:
D. Off-street Parking.
1. Parking Location. Parking shall be permitted within a required setback but shall
not be permitted within 20 feet from any street-side property line or within 20 feet from any
building.
2. Improvements. Paving structural sections for parking areas shall be designed in
accordance with recommendations of a professional soils engineer based on the site’s soils’
conditions and projected traffic loadings. Such soils report shall be submitted to the
Redevelopment Agency Planning Commission along with the precise plan for the site.
(10) Amend Section 20.220.011 – “Signs”, as follows:
E. Sign Illumination. A sign may be illuminated provided that no flashing,
traveling, animated or intermittent illumination shall be used. Such illumination shall be confined
to the area of the sign except when such illumination is backlighting for an otherwise
nonilluminated sign. No colored illumination, other than white, shall be used without prior
approval by the Chief Planner Executive Director of the Redevelopment Agency. 0.22001
(11) Amend Section 20.220.012 – “Administrative Provisions”, as follows:
C. Master Plan and Precise Plan Procedures.
1. Application. Master Plan and Precise Plan applications shall be submitted to the
Executive Director of the Redevelopment Agency Planning Division. The Chief Planner
Executive Director of the Redevelopment Agency shall check each application for completeness
and, if the Master Plan or Precise Plan is deemed incomplete, the Chief Planner Executive
Director shall notify the applicant of the deficiency within 30 days of submission of the master
plan or precise plan to the agency.
2. Contents. The following information and drawings shall be required for Master
Plan or Precise Plan consideration, except that the Chief Planner Executive Director of the
Redevelopment Agency may require either less or additional information as necessary to meet
the intent and purpose of this section:
a. All applicable tentative, final or parcel maps within the area covered by the
proposed precise plan;
b. A legal and physical description of the site including boundaries, easements,
existing topography, natural features, existing buildings, structures and utilities;
c. A plot or site plan, drawn to scale which depicts all proposed on-site
improvements and utilities and the locations of same in accordance with the standards
established in the Gateway specific plan;
d. A landscape plan drawn to scale which sets forth information pertinent to the
landscape requirements of the Gateway specific plan and the zoning ordinance and shows all
existing trees and shrubs on the site;
e. Grading and drainage plans unless the City Engineer determines they are
unnecessary for the review process;
f. Architectural plans and exterior elevations indicating profiles, glazing and
materials drawn to scale. The applicant shall submit one colored full-size print showing
elevations drawn to scale and ten 8-1/2″ x 11″ reductions showing all land uses and buildings;
g. Scale drawings of all signs and light standards with details of height, area, color
and materials specified therein; and
h. A Phasing Plan shall be required as part of a Master Plan application.
i. Any other drawings or additional information necessary for the Planning
Commission Redevelopment Agency to review and make its determination as required hereby.
3. Guidelines for Review. In reviewing precise plans pursuant to the Gateway
specific plan, the Planning Commission Redevelopment Agency shall review to ensure
consistency with an approved Master Plan for the site, and shall adhere to the standards set forth
in this chapter and shall further attempt to foster and promote the general character and purposes
of the specific plan area as set forth in this chapter the redevelopment plan and the owner
participation agreement.
4. Period of Review. To ensure the orderly development and marketing of property
in the specific plan area, the Planning Commission Redevelopment Agency shall act promptly on
any request for its approval.
5. Design Review. Each application for a master plan or precise plan shall be
referred to the design review board, which shall formulate a recommendation to the Planning
Commission agency. The Planning Commission agency shall adopt design guidelines for master
plan, research and development, and office/sales/service projects. These guidelines, which may
be amended from time to time, shall provide the standards for the design review of these
projects.
6. Executive Director Chief Planner’s Review. The Chief Planner Executive
Director of the Redevelopment Agency shall review the application in light of the guidelines and
standards set forth in this chapter, and shall consult with the staff of affected departments and
offices of the City in connection with the review of each master plan or precise plan. Upon
completion of his or her review and consultations, the Chief Planner Executive Director shall
submit the master plan or precise plan to the Planning Commission board of the Redevelopment
Agency and shall recommend that the Planning Commission board of the Redevelopment
Agency approve, conditionally approve, disapprove or suggest modifications to the master plan
or precise plan.
7. Planning Commission Redevelopment Agency Approval Decision. The Planning
Commission Redevelopment Agency shall approve, conditionally approve, disapprove or
suggest modifications to the master plan or precise plan. Any conditions shall be reasonable, and
designed to assure attainment of the standards set forth in this chapter. No approval shall be
unreasonably withheld by the board if the master plan or precise plan shall be within the
standards set forth in this chapter.
8. Mandatory Findings for Approval. The Planning Commission Redevelopment
Agency shall review precise plans submitted for approval to determine whether they are
consistent with the Gateway specific plan, the redevelopment plan, and the owner participation
agreement. The Planning Commission board of the Redevelopment Agency shall make the
following findings before approving or conditionally approving any master plan or precise plan:
a. The project proposed in the master plan or precise plan is compatible with the
intent and purpose of the Gateway specific plan.
b. The proposed development and/or construction standards of the master plan or
precise plan are designed to achieve compliance with the development and/or construction
standards of the Gateway specific plan.
c. The project proposed in the master plan or precise plan is consistent with the
redevelopment plan and the owner participation agreement.
d. The project proposed in the master plan or precise plan is consistent with the
general plan.
9. Changes after Approval. If significant changes to an approved master plan or
precise plan are desired by the applicant, a revised master plan or precise plan shall be submitted
and processed according to the procedures established herein for approval of the original master
plan or precise plan. Revisions which are minor in nature, other than those applied as a condition
of approval, shall be reviewed and approved by the Chief Planner Executive Director of the
Redevelopment Agency. Any changes to the phasing plan approved as part of a Master Plan shall
be subject to approval by the Planning Commission Redevelopment Agency.
10. Expiration of Approval. Any approved precise plan shall lapse and shall be
deemed void: (a) two years after the date of its approval if a building permit has not been issued
and/or construction has not commenced or has not proceeded with due diligence thereafter; or (b)
after a longer duration as otherwise provided in an approved development agreement. One-year
extensions of the time may be granted by the Planning Commission. Projects are subject to the
phasing, if any, established for the buildings within the approved precise plan.
Any building permit or variance permit for which a precise plan has been approved,
conditionally approved or modified shall lapse and shall be deemed void two years after the date
thereof if a building permit has not been issued and/or construction has not commenced or has
not proceeded with due diligence thereafter. Reasonable extensions of time may be granted by
the board of the Redevelopment Agency. Master Plan projects are subject to the approved
phasing plan and a precise plan for the buildings within each phase.
D. Variance Procedures. Where practical difficulties, unnecessary hardships or
results inconsistent with the general purpose of the Specific Plan many result from the strict
application of certain provisions thereof, variances may be granted pursuant to Chapter 20.500 of
the municipal code. Where practical difficulties, unnecessary hardships and results inconsistent
with the general purpose of the Gateway specific plan may result from the strict application of
certain provisions thereof, variance permits may be granted as provided in this section.
1. Application. An owner may apply for a variance by submitting a written
application on a form prescribed by the Planning Division.
2. Investigation. When an application is filed, the Executive Director of the agency
shall make an investigation and review of said application. Upon completion of the investigation
and review, the Executive Director of the agency shall set a public hearing before the
Redevelopment Agency on the application.
3. Public Hearing. Variance applications shall be considered at a public hearing
held before the Redevelopment Agency, with notice of said hearing provided as required by
Chapter 20.450 (“Common Procedures”).
4. Redevelopment Agency Decision. At the conclusion of the public hearing, the
Redevelopment Agency shall make written findings of fact as to whether the variance sought
will be in harmony with the general purpose of the Gateway specific plan. The Redevelopment
Agency may, by resolution, grant or deny the variance as it deems necessary to fulfill the
purposes of the Gateway specific plan and may grant the variance with conditions and require
reasonable guarantees and evidence that such conditions are being or will be met.
E. Amendment Procedure and Guidelines. The Specific Plan may be amended as
set forth in Chapter 20.530 (“Specific Plans and Plan Amendments”). The procedure for
amending the Gateway specific plan shall be as specified in the California Government Code,
Sections 65500 through 65507 and Chapter 20.530 (“Specific Plans and Plan Amendments”).
Prior to approving any amendment to the Gateway specific plan, the City Council shall find that:
1. The amendment is consistent with the redevelopment plan and the owner
participation agreement.
2. The amendment is consistent with the General Plan.
F. Chapter 20.390 “Bonus Residential Density”
(12) Amend Section 20.390.008 – “Expiration of Affordability Tenure”, as follows:
A. At the end of the minimum tenure for rental units in projects containing target
units or for-sale target dwelling units, a notice of availability of the rental project or for-sale
target dwelling unit(s), shall be prepared by the property owner and submitted to the Economic
and Community Development Director housing and redevelopment director. Within 90 days of
the notification of availability of the rental project or for-sale target dwelling unit(s), the City or
its designee has the first right of refusal to buy the rental or for-sale target dwelling unit(s) for the
purposes of providing affordable housing. Under this option, the City or its designee will make a
good-faith effort to close escrow within 90 days. The sales price of the rental project or for-sale
unit(s) shall be the fair-market appraised value at the time of sale, assuming continued
affordability restrictions. The fair-market valuation of the rental project or for-sale target
dwelling unit(s) shall be determined by an appraisal made by an agent mutually agreed upon by
the City and the property owner. Costs associated with the appraisal shall be borne by the
property owner.
(13) Amend Section 20.390.009 – “Density Bonus or In-lieu Incentive Application and
Review Process”, as follows:
A. General. All residential projects requesting a density bonus, additional
incentive(s) or in-lieu incentives pursuant to this chapter, shall be required to comply with the
following application requirements:
1. Application for On-Site Target Dwelling Units. Target dwelling units proposed
to be developed within the same project site requiring such units shall be designated on the
project plans and shall be processed under a site development plan application in addition to the
otherwise required project development application(s) (i.e., tentative maps, parcel maps, planned
unit developments and Conditional Use Permits and redevelopment permits). The site
development plan shall be processed pursuant to Chapters 19 (“Subdivisions”) and 20
(“Zoning”) of the South San Francisco Municipal Code. No additional hearings or approvals
shall be required, except as provided herein with regard to the provision of financial incentives.
If the application involves a request to the City for direct financial incentives, then any action by
the Planning Commission on the application shall be advisory only, and the City Council shall
have the authority to make the final decision on the site development plan application and any
related discretionary permits.
(14) Amend Section 20.390.010 – “Inclusion of Density Bonus Housing Agreement as a
Condition of Development”, as follows:
.390.009
A. Applicants/developers, requesting a density bonus, additional incentives or in-lieu
incentives pursuant to this chapter, shall demonstrate compliance with this chapter by the
preparation and approval of a density bonus housing agreement. A density bonus housing
agreement shall be submitted by the applicant to the City. The terms of the draft agreement shall
be reviewed by the Chief Planner, who shall formulate a recommendation and refer the matter to
the Economic and Community Development Director or his/her designee for final approval.the
planning director and director of housing and redevelopment, who shall formulate a
recommendation and refer the matter to the community development director or his/her designee
for final approval. Following the approval and the signing by all parties, the completed density
bonus housing agreement shall be recorded and the relevant terms and conditions there from
filed and recorded as a deed restriction on those individual lots or units of a property which are
designated for the location of target dwelling units. The approval and recordation shall take place
prior to final map approval, or, where a map is not being processed, prior to issuance of building
permits for such lots or units. The density bonus housing agreement shall be binding to all future
owners and successors in interest.
F. Chapter 20.440 “Planning Agency”
(15) Delete Section 20.440.003 – “Redevelopment Agency”, in its entirety, as follows:
The City Council has established itself as the South San Francisco Redevelopment Agency
pursuant to the State Community Redevelopment Law (Sections 33000 et seq., of the State
Health and Safety Code) with all of the rights, duties, powers, privileges, and immunities that the
Community Redevelopment Law provides. The powers and duties of the Redevelopment Agency
under this Title include, but are not limited to:
A. Consider and adopt redevelopment plans as provided for in State law;
B. Consider, adopt, and amend specific plans and precise plans for areas
encompassed by approved redevelopment plans;
C. Approve, conditionally approve, modify, or deny parcel maps, and sign
applications for areas encompassed approved redevelopment plans.
(16) Amend Section 20.440.004 – “Planning Commission”, as follows:
The Planning Commission is established and organized pursuant to Chapter 2.56 (“Planning
Commission”) of the South San Francisco Municipal Code and the requirements of the
California Government Code. The powers and duties of the Planning Commission under this
Ordinance include, but are not limited to:
D. Initiate, conduct hearings, and make recommendations to the City Council and the
Redevelopment Agency on proposed Specific Plans and plan amendments pursuant to the
provisions of Chapter 20.530 (“Specific Plans and Plan Amendments”).
E. Approve, conditionally approve, modify or deny Conditional Use Permits, Precise
Plans (except within Terrabay Specific Plan District) and variances pursuant to the provisions of
Chapter 20.490 (“Use Permits”), and Chapter 20.500 (“Variances”).
G. Conduct hearings and make recommendations to the City Council on applications
for preliminary development plans pursuant to the provisions of Chapter 20.140 (“Planned
Development District”) and Precise Plans within the Terrabay Specific Plan District.
(17) Amend Table 20.440.011 – “Review Authority”, as follows:
Application or
Action Type
Found
in
Chapter
Advisory Body Decision Maker Appeal Body
Type One: Ministerial Actions
Site Clearance 20.470 N/A Chief Planner Planning
Commission
Sign Permit 20.360 N/A Chief Planner City Council
Interpretations 20.030 N/A Chief Planner Planning
Commission
Minor Changes to an
Approved Permit
20.440 N/A Chief Planner Planning
Commission
Type Two: Discretionary Quasi-Judicial Actions
Waiver from
Dimensional
Standards
20.510 N/A Chief Planner Planning
Commission
Permit Modifications 20.440 Chief Planner Chief Planner or
Planning Commission
City Council
Parking District
Parking Exceptions
20.330 N/A Parking Place
Commission
City Council
Temporary Use 20.520 N/A Chief Planner Planning
Application or
Action Type
Found
in
Chapter
Advisory Body Decision Maker Appeal Body
Permits Commission
Design Review 20.480 Design Review
Board
Chief Planner or
Planning Commission
Planning
Commission or
City Council
Minor Use Permits 20.490 N/A Chief Planner Planning
Commission
Conditional Use
Permits
20.490 Chief Planner Planning Commission City Council
Variances 20.500 Chief Planner Planning Commission City Council
Certificates of
Alteration
2.56 N/A Planning Commission City Council
Master Sign Program 20.360 Advisory Body of
Associated
Project Permit
Review Authority of
Associated Project
Permit
Appeal Body of
Associated Project
Permit
Precise Plans
(excluding Terrabay)
20.210
20.220
20.230
Chief Planner Planning Commission City Council
Type Three: Discretionary Legislative Actions
Precise Plans
(Terrabay)
20.240 Planning
Commission
City Council Superior Court
Specific Plans and
Plan Amendments
20.530 Planning
Commission
City Council Superior Court
General Plan Text and
Map Amendments
20.540 Planning
Commission
City Council Superior Court
Zoning Ordinance and
Map Amendments
20.550 Planning
Commission
City Council Superior Court
Prezoning 20.560 Planning
Commission
City Council Superior Court
G. Chapter 20.450 “Common Procedures”
(18) Amend Section 20.450.013 – “Indemnification”, as follows:
A. Agree to Defend, Indemnify, and Hold Harmless. When submitting an
application for a discretionary approval in compliance with this Ordinance, except for those
identified in subsection B, below, the applicant shall agree, as part of the application, to defend,
indemnify, and hold harmless the City of South San Francisco, the City of South San Francisco
Redevelopment Agency, and its agents, officers, and employees from any action, claim, or
proceeding brought against the City or its agents, officers, or employees which challenges the
validity of any approval by the City, its agencies, boards, Commission, or Council. The
indemnification shall apply to any attorney fees, costs of suit, damages, or other expenses
awarded against the City, its agents, officers, and employees in connection with the action.
H. Chapter 20.530 “Specific Plans and Plan Amendments”
(19) Amend Section 20.530.004 – “Initiation”, as follows:
A Specific Plan may be initiated by:
A. Any qualified applicant identified in Section 20.450.002 (“Application Forms and
Fees”);
B. A motion of the City Council, Redevelopment Agency, or Planning Commission;
C. A verified petition of at least 10 percent of the registered voters of the City; or
D. A person who has entered into an a valid and enforceable agreement with the
former Redevelopment Agency for the possible assembly of the property affected by the
proposed Specific Plan.
(20) Amend Section 20.530.009 – “Review Procedures and Public Notice”, as follows:
20.530. A. Staff Report. The Chief Planner shall prepare a report and recommendation to
the Commission on the application for a Specific Plan. The report shall include, but is not limited
to, a discussion of how the proposed Specific Plan complies with the purposes of this chapter, a
determination as to whether the proposed amendment will require amendment to other plans that
the City Council or the Redevelopment Agency have has adopted, and an environmental
assessment prepared in compliance with the California Environmental Quality Act.
(21) Amend Section 20.530.012 – “Required Findings”, as follows:
20.530.011
The Planning Commission shall not recommend and the City Council or the
Redevelopment Agency shall not adopt a Specific Plan unless the following findings are made:
A. The Specific Plan implements and is consistent with the General Plan;
B. The Specific Plan will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City;
C. The Specific Plan area is physically suitable for the proposed land use
designation(s) and the anticipated development; and
D. The proposed development will be superior to development otherwise allowed
under conventional zoning classifications.
(22) Amend Section 20.530.0123 – “Amendment Procedure”, as follows:
A Specific Plan may be amended to change the text or land use designation in the same
manner as was adopted., except that the Specific Plan may be amended as often as deemed
necessary by the City Council or the Redevelopment Agency, where the Agency has adopted a
Specific Plan to implement a redevelopment plan. Amendment of a Specific Plan is subject to the
same findings as prescribed for the initial approval.
(23) Amend Section 20.530.014 – “Specific Plan Administration”, as follows:
A specific plan may be implemented through precise plans, which set forth in detail
development criteria for proposed structures and related improvements and their arrangements
on individual parcels; parcel maps, design review, and sign permits.
A. No discretionary entitlement applications or other permits may be approved,
adopted or amended within an area covered by a Specific Plan, unless found to be consistent
with the adopted Specific Plan.
B. Where the Redevelopment Agency has adopted a specific plan to implement a
redevelopment plan, the Agency shall review precise plans, parcel maps, and sign applications to
determine consistency with the applicable specific plan and redevelopment plan.
I. Chapter 20.540 “Amendments to General Plan”
(24) Amend Section 20.540.003 – “Initiation”, as follows:
An amendment to the General Plan may be initiated by:
A. Any qualified applicant identified in Section 20.450.002 (“Application Forms and
Fees”);
B. A motion of the City Council or Planning Commission;
C. A verified petition of at least 10 percent of the registered voters of the City; or
D. A person who has entered into an a valid and enforceable agreement with the
former Redevelopment Agency for the possible assembly of the property affected by the
proposed amendment.
(25) Amend Section 20.540.005 – “Review Procedures and Public Notice”, as follows:
A. Staff Report. The Chief Planner shall prepare a report and recommendation to
the Planning Commission on the application for a General Plan amendment. The report shall
include, but is not limited to, a discussion of how the proposed amendment complies with the
purposes of this chapter, a determination as to whether the proposed amendment will require
amendment to other plans that the City Council or the Redevelopment Agency has have adopted,
and an initial environmental assessment prepared in compliance with the California
Environmental Quality Act.
J. Chapter 20.550 “Amendments to Zoning Ordinance and Map”
(26) Amend Section 20.550.003 – “Initiation”, as follows:
An amendment to the text of the Zoning Ordinance or to the Zoning Map may be initiated
by:
A. Any qualified applicant identified in Section 20.450.002 (“Application Forms and
Fees”);
B. A motion of the City Council or Planning Commission;
C. A verified petition of at least 10 percent of the registered voters of the City; or
D. A person who has entered into an a valid and enforceable agreement with the
former Redevelopment Agency for the possible assembly of the property affected by the
proposed amendment.
K. Chapter 20.630 “Terms and Definitions”
(27) Amend Section 20.630.001 – “List of Terms”, to delete the term “Redevelopment
Agency” as follows:
Redevelopment Agency
(28) Amend Section 20.630.002 – “Definitions”, to delete the term and definition for
“Redevelopment Agency” as follows:
Redevelopment Agency. The Redevelopment Agency of the City of South San Francisco.
SECTION II. 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 III. 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.
* * * * * * *
Introduced and adopted at a regular meeting of the City Council of the City of South San
Francisco, held the _____ day of _____________, 2013.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the _____ day of _____________, 2013 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 _____________, 2013.
Pedro Gonzalez, Mayor
2017972.1