HomeMy WebLinkAboutPC Meeting 12-05-02 (Reso 2623-2002) - tbay reso amend Dec502
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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
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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
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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.
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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