HomeMy WebLinkAboutPC Meeting 08-02-12 (Reso 2719-2012) - Parking, Public or Private Zoning Ord Revisions - FinalRESOLUTION NO. 2719-2012
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE MODIFYING THE
SOUTH SAN FRANCISCO ZONING ORDINANCE,
RELATED TO PARKING, PUBLIC OR PRIVATE USES IN
THE FREEWAY COMMERCIAL (FC) ZONING DISTRICT
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zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco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inconsistent and outdated provisions, and codified entirely new zoning provisions, including new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 parking, public or private uses in the Freeway
Commercial zoning district, 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 parking, public or private uses in the Freeway Commercial zoning district, 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 August 2, 2012; 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 that the Planning Commission
hereby recommends that the South San Francisco City Council adopt an ordinance making the
refinements, clarifications, and corrections to the zoning ordinance as related to parking, public
or private uses in the Freeway Commercial zoning district set forth in Exhibit A, in substantially
the form 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 2nd day of August, 2012 by
the following vote:
AYES: Commissioner Giusti, Commissioner Gupta, Commissioner Martin,
Commissioner Prouty and Vice Chairperson Ochsenhirt
NOES: Commissioner Sim
ABSTENTIONS: ________________________________________________
ABSENT: Chairperson Zemke
Attest: /s/Susy Kalkin
Susy Kalkin
Secretary to the Planning Commission
Exhibit A
DRAFT
ORDINANCE NO. ________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE MAKING MODIFICATIONS TO THE
SOUTH SAN FRANCISCO ZONING ORDINANCE,
RELATED TO PARKING, PUBLIC OR PRIVATE USES IN
THE FREEWAY COMMERCIAL (FC) ZONING DISTRICT
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 parking, public or private uses in the Freeway
Commercial zoning district, 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 parking, public or private uses in the Freeway Commercial zoning district, 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. The foregoing recitals are true and correct and made a part of this Ordinance.
B. 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 August 2,
2012; all reports, minutes, and public testimony submitted as part of the City Council's duly
noticed meeting on ________, 2012; and any other evidence (within the meaning of Public
Resources Code §21080(e) and §21082.2).
C. 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.
SECTION II. AMENDMENTS.
Additions are in double underline and deletions are in strikethrough.
A. Definitions & Use Tables
(1) Amend Table 20.110.002 “Land Use Regulations – Employment Districts”, to identify
the zoning districts where the use will be permitted, permitted subject to a use permit (minor or
conditional), or not permitted, as follows:.
Commercial Use Types
Use Classification BC BTP FC MI Additional Regulations
Parking, Public or
Private
MUP MUP P(8) C
Other Applicable Use Regulations
Accessory Uses See Section 20.300.002 Accessory Buildings and Structures
Nonconforming
Use
See Chapter 20.320 Nonconforming Uses, Structures, and Lots
Temporary Use See Chapter 20.340 Temporary Uses
Limitations:
1. Prohibited east of 101.
2. Subject to state licensing requirements.
3. Only in conjunction with research facility.
4. Limited to locations east of South Airport Boulevard and the Bayshore Freeway.
5. Must be located a minimum of 500 feet from any Residential district.
6. Only within hotels and motels.
7. Must be associated with a hotel or retail use when located within 1000 feet of SFO.
8. Restricted to: (a) areas located underneath major utility lines or under elevated
freeways; or (b) consistent with General Plan Policy 3.2-I-5, airport-oriented parking
facilities on Produce Avenue that were legally approved prior to 1999.
9. Tasting rooms require Minor Use Permit approval.
10. In accordance with General Plan Policy 3.5-I-11 and Resolution 84-97, legally
approved freight forwarding, customs brokering, wholesale, warehousing, and
distribution uses that existing in 1997 (or were approved prior to July 10, 2000 with a
Use Permit) are considered conforming uses and may convert to other industrial uses
including wholesale, warehouse, and distribution uses, and may expand within parcel
boundaries as they existed at the time Resolution 84-97 was adopted, subject to meeting
the current development standards (Municipal Code); however, said uses may not
expand, convert to, re-convert to, or establish a freight forwarding use.
11. Only within enclosed buildings and south of Grand Avenue.
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 days from and after
its adoption.
* * * * * * *
City Council held the _____ day of _____________, 2012 by the following vote:
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the _____ day of _____________, 2012 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 _____________, 2012.
Richard Garbarino, Mayor
1830844.2