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HomeMy WebLinkAboutPC Meeting 05-03-01 (Reso 2609-2001) - TB PP SA-01-020 1 RESOLUTION NO. 2609-2001 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING APPROVAL OF A PRECISE PLAN AND CONDITIONAL APPROVAL OF A VESTING TENTATIVE MAP FOR THE REMAINING PARCELS OF PHASE II AND PHASE III OF THE TERRABAY DEVELOPMENT WHEREAS, the City Council of South San Francisco has approved the Final Terrabay Specific Plan and the first and second amendments thereto and approved the Restated and Amended Development Agreement for the Remaining Parcels of Phase II and Phase III of the Terrabay Development; and, WHEREAS, the Final Terrabay Specific Plan, Chapter 20.63 of the Municipal Code and the Restated and Amended Development Agreement for the Remaining Parcels of Phase II and Phase III of the Terrabay Development allow development of the Terrabay project (together the “existing entitlements”), subject to certain further approvals and entitlements; and, WHEREAS, the Terrabay Specific Plan District Zoning Ordinance has been revised to incorporate the land uses approved in the Final Terrabay Specific Plan and the development intensities therein; and, WHEREAS, the City Council adopted the amendment to the Terrabay Specific Plan District Zoning Ordinance on April 25, 2001; and, WHEREAS, the 1998-99 Certified Terrabay Supplement Environmental Impact Report which includes the 1982 EIR, the 1996 SEIR and Addendum to the SEIR, and all findings, mitigations, and statements related thereto, are restated in their entirety as part of this recommendation; and, WHEREAS, the Applicant has filed copies of the proposed vesting tentative map and all those statements required under Municipal Code Chapters 19.40 and 19.50, including copies of the proposed Covenants, Conditions and Restrictions (CC&Rs); and, WHEREAS, pursuant to Municipal Code section 19.40.080, copies of the proposed Precise Plan and Vesting Tentative Map have been distributed to City staff and public agencies; and, WHEREAS, on May 3, 2001, the Planning Commission held a properly noticed public hearing to consider the Precise Plan and Vesting Tentative Map for the development proposed in the Final Terrabay Specific Plan, as amended. NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South 2 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, as amended; 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; Addendum to the 1998-1999 Certified Terrabay Supplemental Environmental Impact Report and the Mitigation Monitoring and Reporting Program adopted for the project; 4) Testimony and materials submitted at the City Council study session on April 24, 2000; 5) Testimony and materials submitted at the Planning Commission study sessions of June 1, 2000 and September 14, 2000; 6) Testimony and materials submitted at the Design Review Board meeting on June 20, 2000; 7) Testimony and materials submitted at the Historic Preservation Commission on June 8, 2000; 8) Testimony and materials submitted at the Planning Commission meeting on November 2, 2000; 9) Testimony and materials, including the Restated and Amended Development Agreement for Remaining Parcels of Phase II and Phase III of the Terrabay Development, submitted at the Planning Commission meeting on November 16, 2000; 10) Testimony and materials, including an amendment to the Terrabay Specific Plan District Zoning Ordinance submitted at the Planning Commission meeting on March 14, 2001; 11) Testimony and materials submitted to the Design Review Board on March 20, 2001 and recommendations of the Design Review Board; 12) Testimony and materials submitted at the study session on the Precise Plan held April 5, 2001; 13) Testimony and materials submitted to the Commission at the public hearing on May 3, 2001 A. The proposed Precise Plan and Vesting Tentative Map for the remaining parcels of Phase II and Phase III of the Terrabay Development are consistent with the General Plan. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: the Planning Commission’s independent review of relevant sections of the 1982 EIR and the 1996 Supplemental EIR and the entire 1999 SEIR and the General Plan, as well as the Final Terrabay Specific Plan, as amended, Chapter 20.63 of the Municipal Code, the findings and supporting documents for the approval of the Final Terrabay Specific Plan submitted on November 16, 2000, and the proposed Precise Plan and Vesting Tentative Map, as further explained in the May 3, 2001 Staff Report to the Planning Commission. i. Housing Element Action 1C-3: Ensure that new development and rehabilitation efforts promote quality design and harmonize with existing neighborhood surroundings. Support excellence in design through the continued use of the design review board and/or staff. All future major housing projects will be evaluated according to the following factors: 1) Effects the proposed densities will have on the surrounding neighborhoods, streets, and the community as a whole; 2)Need for additional infrastructure improvements, including but not limited to sewers, water, storm drainage and parks; 3) Need for additional public services to accommodate the project including but not limited to police, fire, public works, libraries, recreation, planning, engineering, administration, finance, building and or other applicable services; and, 4) Cost /revenue impacts, especially of major projects. 3 Analysis: The proposed development furthers this policy. The density of the project has not increased, it is however clustered with this land use designation. Sewer, water, storm drain and open space and a linear park are already in place and are proposed to be continued for in the development The developer is required to contribute a total of 8.5 million dollar towards the construction of the infrastructure improvements identified in the Certified 1998-99 SEIR. Prior Precise Plan and design review of detailed architectural and landscape drawings (as required by the Terrabay Specific Plan District Zoning Ordinance) have ensured architectural compatibility. ii. Housing Element Policy 3E: Foster amenities needed by female-headed households. Action 3E-1 The City shall strongly encourage the inclusion of child-care and after- school care facilities within or near affordable and higher density housing and mixed use developments. Analysis: The proposed development in the Precise Plan and Vesting Tentative Map conforms to and implements this policy. There is a moderate-income component built into the residential component and a child care facility within the office building. The proposed residential component includes one, two and three bedroom units ranging in size from 1,000 to 1,500 square feet in area. The unit size would accommodate a small household. iii. Housing Element Policy 1B. Provide assistance from all divisions, departments, and levels of the City Government, within the bounds of local ordinances and policies, to stimulate private housing development consistent with local needs. Action 1B-1 Support Private Market Construction: The program is designed to remove hurdles to constructing new market-rate housing units for above-moderate and moderate-income households so that units can be built at a rate that will meet the current and projected housing needs. Analysis: The Vesting Tentative Map and Precise Plan conforms to the Medium Density Residential Designation and (8.1-18.0 dwelling units per acre) provides for housing while preserving habitat and open space. All three phases of Terrabay would provide 603 housing units. iv. Housing Element Policy 1C: Assure people a choice of locations by encouraging a variety of housing units in well planned neighborhoods. Analysis: The approved April Plan includes a TDM Program and a variety of housing units and types. The proposed units would include apartment and single family attached housing stock. The proposed project and the existing approved project that includes townhomes and a variety of sizes of detached units would provide an overall 4 variety of housing. Childcare and recreational land uses are also included within the Terrabay planning area. v. Transportation Element Policy 4.3-G-2: Provide safe and direct pedestrian routes and bikeways between and through residential neighborhoods, and to transit centers. Analysis: The proposed development is in conformance with and implements this policy. The Precise Plan and Vesting Tentative Map propose pedestrian trails, shuttle service to major transit areas and bike paths. vi. Transportation Element Policy 4.3-G- 3: In partnership with the local employers, continue efforts to expand shuttle operations. Analysis: The proposed development includes a mandatory and comprehensive TDM Program that includes shuttle service to major transit areas and valet and/or assisted parking. The TDM Program serves both the residential and commercial areas of the project. vii. Parks, Public Facilities and Services Element Policy 5.1-G-5: Develop linear parks in conjunction with major infrastructure improvements and along existing utility and transportation rights-of-way. Analysis: The Precise Plan and Vesting Tentative Map conform to and implement this policy by including a linear park and pedestrian paths. ix. Open Space and Conservation Policy 7.1-G-2: Protect and, where reasonable and feasible, restore salt marshes and wetlands. Analysis: The proposed development in the Precise Plan and Vesting Tentative Map conforms to and implements this policy. The development proposes a 25.73 acre Preservation Parcel to preserve the archaeological site, wetlands and Viola Pedunculata. The Preservation Parcel (a required element by the Settlement Agreement between the City, Myers, San Bruno Mountain Watch and the Center for Biological Diversity) is located in the mid-to north-area of the commercial lands. The Preservation Parcel would preserve the shell mound, wetlands and viola. The development proposal also incorporates wetland mitigation on the Preservation Parcel for both the 1/10 acre wetland loss due to development of the project and .83 acre wetland loss due to the hook ramps project. The replacement is proposed at a 1.5:1 ratio. x. Paradise Valley Terrabay Guiding Policy 3.8-G-1: Allow limited development that is in keeping with the character of the Paradise Valley/Terrabay area and its natural setting Analysis: The development proposed in the Precise Plan and Vesting Tentative Map conforms to and implements this policy. The Precise Plan and Vesting Tentative 5 Map limit development to areas predominately disturbed by Phase I grading activities and propose clustering development and preservation of open space. xi. Habitat and Biological Resources Conservation: Chapter 7.1 Guiding Policy 7.1- G-1: Protect special status species and supporting habitats within South San Francisco, including species that are State or federally listed as endangered, threatened or rare. Analysis: The proposed development in the Precise Plan and Vesting Tentative Map restricts development on the Preservation Parcel and the Buffer Parcel. The Recreation Parcel consisting of 6.25 acres is proposed to be developed to include a YMCA use, which is compatible with an Open Space designation. A YMCA use would provide the opportunity to convey information to users of the site with respect to the Mountain’s cultural, geographic and biological heritage and resources. xii. Habitat and Biological Resources Conservation Chapter 7.1: Implementing Policy 7.1-1-1:0 Cooperate with State and federal agencies to ensure that development does not substantially affect special status species appearing on any State or federal list for any rare, endangered or threatened species. Require assessments of biological resources prior to approval of any development on sites with ecologically sensitive habitat. Analysis: The development proposed in the Precise Plan and Vesting Tentative Map designates Preservation, Buffer and Recreation Parcels as Open Space and moves the HCP fence line to include additional Viola Pedunculata on the Recreation Parcel. xiii. Open Space and Conservation Chapter 7.5 Implementing Policies: Historic and Cultural Resources of the South San Francisco General Plan Guiding Policy 7.5-G-2 addresses historic resources. The policy states that the City should encourage municipal and community awareness, appreciation and support for South San Francisco’s historic, cultural, and archaeological resources. Analysis: The Preservation Parcel and the Open Space land use identified in the Vesting Tentative Map and Precise Plan implements this policy in that the land would be preserved. The archaeological site was, and still is, subject of much discussion and public awareness as evidenced during the Terrabay public meetings, hearings and the news media. The community, Historic Preservation Commission and various other City Boards have indicated a desire to preserve the archaeological site. B. The proposed Precise Plan and Vesting Tentative Map are consistent with the amended Final Terrabay Specific Plan. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: the Planning Commission’s independent review of the Precise Plan and Vesting Tentative Map and the amended Final Terrabay Specific 6 Plan; the proposed Precise Plan and Vesting Tentative Map would implement the following goals and objectives of the Final Terrabay Specific Plan: i) Provide economic growth and employment opportunities in northern San Mateo County and the City of South San Francisco. The proposed commercial base would provide construction and trades jobs as well as employment opportunities in project build-out through the office and associated land uses. ii) Preserve the archaeological site as set forth in the 1998-99 SEIR. CA-SMa- 40 would be offered for dedication and for preservation. iii) Minimize traffic impacts on roadways and through project sponsor construction or participation in the construction of roadway improvements, signalization and Transportation Demand Management Programs. The project includes a TDM Program with the design objective of reducing vehicular reliance up to 25 percent. The project sponsor, through the Amended and Restated Development Agreement (DA) will provide $8.5 million toward area-wide traffic circulation improvements. iv) Minimize the impact of south slope development on San Bruno Mountain Park and Habitat Conservation Plan (HCP) area by providing an open space zone between the development and the park, and special buffer zone adjacent to the HCP area. Open space and HCP buffer areas, as well as fire buffer areas are provided between the development and the Park. The project would also avoid disturbance to the Viola Pedunculata (food plant to the endangered Callippe Silverspot butterfly) in the northern section of the project area by concentrating development further south of the habitat area. v) Assure sufficient revenues to the City of South San Francisco in a manner approved by the City to offset City service costs incurred by the development. The project, through the Amended and Restated Development Agreement, requires financial contribution toward the construction of area-wide transportation improvements. vi) Reduce environmental impacts and preserve open space through the use of compact development design. Reducing the development plan from the January 1998 Project (seven development pads) to the Mitigated Plan Development Alternative (three development pads) eliminates impacts to the archaeological site and species habitat (in the northern portion of the site) and reduces wetland and grading impacts. C. Proper environmental documentation has been prepared on the proposed Precise Plan and Vesting Tentative Map for Phase II and Phase III of the Terrabay Development in accordance with the California Environmental Quality Act. 7 This finding is based upon all evidence in the record as a whole, including, but not limited to the following: Planning Commission’s independent review of the proposed Precise Plan and Vesting Tentative Map; the SEIR and relevant sections of the 1982 EIR and the 1996 Supplemental EIR and the entire 1999 SEIR, and Addendum thereto, which demonstrate that any threats to public health or safety from the proposed development have either been avoided or mitigated to a level of less than significance or are addressed in the proposed statement of overriding considerations; the proposed development will finance circulation improvements, provide commercial development, and further implement the long-term strategy for managing the environmental, aesthetic and recreational resources of San Bruno Mountain. D. The Phase II and III sites are physically suitable for the proposed type and density of development. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: The site is suited for the type, density and location of commercial and residential development in that all the mitigation measures applicable to the Phase II and Phase III sites identified in the 1982 EIR, 1996 SEIR and 1999 SEIR are incorporated into the mitigation monitoring program for Phase II and Phase III. E. The design, improvements and constructions standards included within the Precise Plan and Vesting Tentative Map for Phase II and Phase III of the Terrabay development are not likely to cause serious health problems or substantial environmental damage or substantially and unavoidably injure fish or wildlife in their habitat and are designed to achieve compliance with the development and/or construction standards of the Terrabay specific plan. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: the 1999 Supplemental Environmental Impact Report, together with the Environmental Impact Report prepared in 1982, the 1996 Supplemental Environmental Impact Report, and Addendum to the 1999 SEIR analyze the anticipated environmental effects of the proposed Phase II and Phase III development and together with the adopted mitigation monitoring program demonstrate that the project will either avoid or mitigate impacts of the project that are likely to cause serious public health problems, to cause substantial environmental damage, or to cause substantial and avoidable injuries to fish, wildlife or their habitat. F. The design and type of improvements proposed in the Precise Plan and Vesting Tentative Map will not conflict with public easements for access through or use of the property within the Phase II and Phase III areas of the Terrabay development and conform to the provisions of the Subdivision Map Act and Chapter 19.48.080 of the South San Francisco Municipal Code as to design, drainage, utilities, road improvements and offers 8 of dedication or deed. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: Planning Commission’s independent review of the proposed Precise Plan and Vesting Tentative Map and the reports of the city engineer and other appropriate department heads. G. Phase II and Phase III of the Terrabay development provide, to the extent feasible, future passive or natural heating or cooling opportunities. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: the 1999 Supplemental Environmental Impact Report, together with the Environmental Impact Report proposed in 1982 and the 1996 Supplemental Environmental Impact Report, and Addendum related thereto, analyze the energy impacts of the project and provide to the extent feasible future passive or natural heating or cooling opportunities. H. The proposed Precise Plan is consistent with the proposed Vesting Tentative Map. This finding is based upon all evidence in the record as a whole, including, but not limited to the following: Planning Commission’s independent review of the Precise Plan and Vesting Tentative Map; Planning Commission’s review of the comments of the Design Review Board; and, Planning Commission’s review of the staff report and supporting documents submitted with the application for Precise Plan and Vesting Tentative Map approval. Based on the foregoing, the Planning Commission has determined that the Precise Plan implements the project as proposed in the Final Terrabay Specific Plan, including the incorporation of residential housing, office space development and preservation of open space as indicated on the Vesting Tentative Map. I. The proposed Precise Plan and Vesting Tentative Map are consistent with the Airport Land Use Plan. This finding is based upon all evidence in the record. Dave Carbone, staff administrator of the C/CAG San Mateo County Airport Land Use Committee (ALUC) reviewed the proposed October Final Terrabay Specific Plan and found the Plan to be in compliance with the ALUC requirements (see letter of October 25, 2000). The approved Final Terrabay Specific Plan and proposed Precise Plan and Vesting Tentative Map conform to the height limits evaluated and established in October of 2000. The Precise Plan for the project is subject to the following conditions: (i) Incorporate noise insulation features into the design of the proposed residential portion of the project to achieve an interior noise level of not more than 45dB, based upon aircraft flyover. 9 (ii) Project sponsor shall 1) submit FAA Form 7460-1, “Notice of Proposed Construction or Alteration” to the FAA Western-Pacific Regional Office in Los Angeles for a FAA airspace evaluation and 2) incorporate the findings of the FAA airspace evaluation into the final plans for the project, if applicable. J. The proposed Precise Plan and Vesting Tentative Map are consistent with the approved development agreement. This finding is based upon the Planning Commission’s independent review of the Restated and Amended Development Agreement for the Remaining Parcels of Phase II and Phase III of the Terrabay Development and the attached Precise Plan and Vesting Tentative Map. The Amended and Restated Development Agreement for the Final Terrabay Specific Plan Lands was approved by Council on January 24, 2001. The Vesting Tentative Map, Precise Plan and April Plan conform to that agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning Commission of the City of South San Francisco that the Planning Commission hereby recommends that the City Council of the City of South San Francisco: A. Approve the proposed Precise Plan, attached hereto as Exhibit 1, and incorporated herein by this reference. B. Approve the Vesting Tentative Map for the Remaining Parcels of Phase II and Phase III of the Terrabay Development, attached hereto as Exhibit 2, and incorporated herein by this reference. * * * * * * 10 I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Planning Commission of the City of South San Francisco at a meeting held on the 3rd day of May, 2001 by the following vote: AYES: Commissioner D'Angelo, Commissioner Honan, Commissioner Ochsenhirt, Commissioner Sim, Commissioner Teglia, Vice Chairperson Romero and Chairperson Meloni NOES: ABSTAIN: ABSENT: ATTEST: Commission Secretary Thomas C. Sparks F:\File Cabinet\resolution\2001\2609 TBPCReso050301PP,SA-01-020.doc