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HomeMy WebLinkAboutPC Meeting 12-05-02 (Reso 2623-2002) - tbay reso amend Dec502 1 RESOLUTION NO. 2623-2002 PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE TERRABAY SPECIFIC PLAN DISTRICT ZONING ORDINANCE WHEREAS, the City Council of South San Francisco approved the Final Terrabay Specific Plan and the Restated and Amended Development Agreement for the Remaining Parcels of Phase II and Phase III of the Terrabay Development on November 21, 2000; and, WHEREAS, the City Council of South San Francisco adopted an amendment to Chapter 20.63, Terrabay Specific Plan Zoning District and approved a Precise Plan on May 9, 2001; and, WHEREAS, an amendment to the Final Terrabay Specific Plan and Specific Plan Zoning District Ordinance was approved by the City Council on June 26, 2002; and, WHEREAS, over the last year, staff and Western Pacific Housing (“Owner”) identified provisions in Chapter 20.63 that warranted clarification and/or modification; and, WHEREAS, staff and Owner propose amendments to Chapter 20.63 that result in changes to various setback requirements for accessory structures, define review procedures for the construction of accessory structures and propose technical revisions to the existing Terrabay Specific Plan Zoning District Ordinance, as codified in the City of South San Francisco Municipal Code Chapter 20.63; and, WHEREAS, the 1998-99 Certified Terrabay Supplement Environmental Impact Report which includes the 1982 EIR, the 1996 SEIR and Addenda to the 1998-99 SEIR, are the governing documents under the California Environmental Quality Act (“CEQA”); and, WHEREAS, the amendments to Chapter 20.63 do not result in an increase in land use or development intensity over that analyzed in the 1982 EIR, the 1996 SEIR and the 1998-99 SEIR and Addenda thereto; and, WHEREAS, the revisions are within the scope of the project as defined in the Final Terrabay Specific Plan and the 1982 EIR, 1996 SEIR, 1998-99 SEIR and Addenda thereto adequately describe the activities regulated by the proposed amendments; and, WHEREAS, based on all the evidence in the record, including but not limited to the contents of the above CEQA documents, the City has determined pursuant to section 15061(3) the proposed amendments are covered by the general rule that CEQA applies only to projects 2 which have the potential for causing a significant effect on the environment. Because the amendments merely clarify and implement development criteria already analyzed in prior CEQA documents, there is no possibility that the proposed amendments will have a significant effect on the environment. Therefore, the amendments are exempt under CEQA Guidelines Section 15061(3); and, WHEREAS, pursuant to CEQA Guidelines Section 15303(e), “New Construction or Conversion of Small Structures,” the construction and location of accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences are categorically exempt; and, WHEREAS, provisions included in the amendments require further CEQA review if, due to the unique character of the individual project authorized under the ordinance, unusual circumstances exist that may give rise to the project having a potentially significant environmental effect; and, WHEREAS, on December 5, 2002, the Planning Commission held a properly noticed public hearing to consider the proposed text amendments to the Final Terrabay Specific Plan District Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South San Francisco hereby adopts the following findings based upon the entire record for the Terrabay development. The record includes, but is not limited to, the following: 1) The South San Francisco General Plan, and General Plan Environmental Impact Report; 2) The Final Terrabay Specific Plan and approved Precise Plan, including documents submitted in support of approval at the duly noticed public hearings of the Planning Commission and City Council; 3) The 1998-99 Certified Terrabay Supplemental Environmental Impact Report, which includes the 1982 certified Terrabay Environmental Impact Report, the certified 1996 Terrabay Supplemental Environmental Impact Report and Addenda to the 1998-1999 certified Terrabay Supplemental Environmental Impact Report; 4) the facts set forth in the recitals of this Resolution; and, 5) testimony and materials submitted at the Planning Commission meeting on December 5, 2002: 1. The Amendments do not alter the land use or result in an increased development intensity of the property. The Amendments clarify existing regulations related to the construction of accessory structures on individual lots within an approved subdivision. Specifically, the Amendments articulate set back requirements for accessory structures based on the proposed use of the structure and establish height limitations. As a result, the City obtains greater authority to review proposed projects to ensure they are in character with the existing neighborhood and do not result in drainage or slop stability issues. The Amendments also remove retaining walls from the definition of accessory structures and change the name of the 70 unit residential project from Hillcrest to Mandalay Point. 2. The Amendments to the Final Terrabay Specific Plan Zoning District, Chapter 20.63, do not result changes that would affect the prior determination of Dave Carbone, Staff 3 Administrator of the C/CAG San Mateo County Airport Land Use Committee (ALUC), who reviewed the Final Terrabay Specific Plan and Precise Plan and found that they complied with the ALUC requirements (letter of October 25, 2000). 3. The Amendments are consistent with the South San Francisco General Plan and the Final Terrabay Specific Plan. Modifications to Chapter 20.63, as proposed, do not alter the approved land use, development intensity or design criteria articulated in the General Plan and the Final Terrabay Specific Plan. The purpose and effect of the amendments is to clarify existing regulations and provide an understandable means by which to administer the project. Therefore, the proposed amendments are implementing measures that do not affect the previously approved General Plan and Final Terrabay Specific Plan and are thus consistent with the approved Plans. In recommending approval, the Planning Commission relies on the extensive findings in the record, including environmental analyses articulated at prior public hearings on the project, including the duly noticed public hearing of December 5, 2002. As the Terrabay Specific Plan District Zoning Ordinance merely implements the particular standards, land uses, boundaries and development criteria of the Final Terrabay Specific Plan. As an implementing measure, the Terrabay Specific Plan District Zoning Ordinance is consistent with the Final Terrabay Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco does hereby recommend that the City Council adopt the proposed amendment to the Terrabay Specific Plan District Zoning Ordinance. * * * * * * * AYES: Commissioner D'Angelo, Commissioner Honan, Commissioner Meloni, Commissioner Sim, Commissioner Teglia, Vice Chairperson Ochsenhirt and Chairperson Romero NOES: None ABSTAIN: None ABSENT: None ATTEST: Commission Secretary Thomas C. Sparks