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HomeMy WebLinkAboutPC Meeting 09-20-01 (Reso 2613-2001) - Marbella1 RESOLUTION NO. 2613-2001 PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT AND APPROVE A GENERAL PLAN AMENDMENT, RE-ZONE, PLANNED UNIT DEVELOPMENT PERMIT, VESTING TENTATIVE MAP AND DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT THE INTERSECTION OF WESTBOROUGH AND GELLERT BOULEVARDS AS SUBMITTED BY DUC FOR THE MARBELLA HOUSING PROJECT WHEREAS, the intersection of Gellert and Westborough Boulevards, specifically the approximate 14.9 acres that constitute the proposed project, is presently a vacant, undeveloped site; and, WHEREAS, the surrounding properties are developed as commercial or medium-density residential, including the Westborough Townhomes Overlay District; and, WHEREAS, the applicant has proposed to develop the site with 280 units of multi-family residential housing in six separate buildings on the site (“Project”); and, WHEREAS, the proposed Project reserves 70 dwelling units as affordable to persons or families of low to moderate income; and, WHEREAS, the property is designated as a mix of “Medium Density Residential” and “Community Commercial” in the General Plan, as adopted in December 1999 and subsequently amended, and zoned C-l Commercial; and, WHEREAS, in order to provide the number of units proposed, the General Plan must be amended to designate the property “High-Density Residential and a re-zone of the property approved to zone the property “R-3L;” and, WHEREAS, the Project includes a Vesting Tentative Map and Development Agreement, which if approved, will secure a right to develop the property in accordance with the terms and conditions of the application, ordinances now in effect and other conditions that may be imposed by the City Council during the approval process; and, WHEREAS, on September 20, 2001, the Planning Commission held a properly noticed public hearing to consider the proposed General Plan and Specific Plan amendments; and, WHEREAS, on September 20, 2001, the Planning Commission deferred a decision on the project until October 4, 2001; and, 2 WHEREAS, on October 4,2001, staff recommended that the Planning Commission continue the project off calendar pending re-circulation of a revised Draft Environmental Impact Report; and, WHEREAS, on October 5,2001, a revised Draft Environmental Impact was submitted to the State Clearinghouse and noticed in accordance with CEQA; and, WHEREAS, the public comment period on the Draft Environmental Impact Report ended on November 19, 2001; and, WHEREAS, on November 15, 2001, the Planning Commission of the City of South San Francisco held a duly noticed public hearing to consider the project and hear comments on the Draft Environmental Impact Report and deferred a decision on the Project to the December 6, 2001, meeting of the Planning Commission; and, WHEREAS, the Final Environmental Impact was prepared in accordance with CEQA and distributed on November 29, 2001. 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 Marbella development, including without limitation, the South San Francisco General Plan and General Plan Environmental Impact Report; the proposed Planned Unit Development Permit; the 2001 Revised Draft and Final Environmental Impact Reports for the Marbella Housing Project; the Vesting Tentative Map application; the Development Agreement; the Westborough/Gellert Design Guidelines; testimony and materials submitted at the Planning Commission study session on May 5, 2001; testimony and materials submitted at the public hearing on the 2001 Draft Environmental Impact Report; testimony and materials submitted at the Design Review Board meeting on May 22, 2001; testimony and materials, including the Development Agreement for the Marbella Housing Project, submitted at the Planning Commission meeting on September 20, 2001; testimony and materials submitted at the Planning Commission meeting on November 15,2001; and, testimony and materials submitted at the Planning Commission meeting on December 6, 2001: 1. Environmental Impact Report: California Environmental Quality Act (CEQA) Public Resources Code Section 15120 requires an Environmental Impact Report for all projects that may have a significant effect on the environment, subject to limited statutory and categorical exemptions. A Draft EIR, containing the information required by sections 15122 through 15131, was circulated for public review and comments from May 24, 2001 through July 31, 2001. A Public Hearing was held by the Planning Commission on July 19,2001, to hear comments from the public and the Planning Commission on the Draft EIR. The Draft EIR of May 24,2001, was revised and recirculated on October 5, 2001. The revised Draft EIR of October 5, 2001, was circulated for public review and comment from October 5, 2001 through November 19, 2001. The Planning Commission held a duly noticed public hearing to take comments from the public on the revised Draft ER on November 15, 2001 and the Final EIR 3 was distributed on November 29,2001. The Final ER of November 29,2001, contained responses to comments received from DTSC, the Planning Commission and all other parties who submitted comments on the documents. Therefore, in accordance with CEQA Guidelines 15090 (a); the Planning Commission hereby finds as follows: (A) The revised Draft ER has been completed in compliance with CEQA; (B) The Final ER has been reviewed by the Planning Commission and will be presented to the City Council where the Council will review and consider the information contained in the final ER prior to approving the project; and, (C) The Commission’s recommendation of approval of the Project entitlements is specifically conditioned upon Council’s certification of the Final ER, based on Council’s independent judgment and analysis. 2. General Plan Amendments: The General Plan Amendments consist of re-designating the property from “Community Commercial/Medium Density Residential” to “high-density residential” and modifying language in section 3.11-1-2, Westborough Gellert Design Guidelines. A Re-Zone is required to maintain consistency between the General Plan and Zoning Ordinance. The property is currently zoned “C-i, Commercial.” The proposed General Plan Amendment, associated Re-Zone, and text amendment is internally consistent with the South San Francisco General Plan. This finding is based on the following facts and analyses: A. The proposed high-density land use designation conforms with and implements the following Housing and General Plan policies. i. 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 high density land use designation (18.1-30.0 dwelling units per acre) would provide for an additional 280 housing units on the 14.9 acre Marbella site. The proposed development would conform to this designation at 18.8 dwelling units per acre. Developing to a higher density on this site is substantially limited by steeply sloping terrain and has been determined to be infeasible given the Project’s designation of 70 of the 280 units as affordable. Moreover, after reviewing the Project pro forma’s, staff has determined that 280 4 units is the minimum number of units necessary to achieve project feasibility given that 70 units are designated as affordable and will be sold at below market rates. ii. Housing Element Policy 1C: Assure people a choice of locations by encouraging a variety of housing units in well-planned neighborhoods. Analysis: The high-density land use designation on the Marbella site implements this policy. The proposed Project includes a Shuffle Program, designed to facilitate the use of public transportation; two recreation areas; and a mix of 1,2 and 3 bedroom units at varying income levels. Additionally, the Project includes an Art/Landscape feature that will be visible from multiple sites on and off-property. iii. Action 1C-1: Review the zoning ordinance for adequate tools forfiexibiiity. Encourage a vaijety of unit sizes and mix of housing types including single-family, condominiums, cluster projects, PUD’s, townhomes, cooperatives, mobile homes, senior projects and manufactured housing. Analysis: The General Plan Amendment and the proposed PUD implement Action 1C1 by using existing ordinances to achieve affordable housing goals of the City. Both the proposed land use designation and the proposed PUD are designed to provide a mix of housing on a vacant site that has terrain that significantly constrains the type and intensity development By re-designating the site as high-density, the Project provides more units on the developable portions of the property. In addition, the General Plan speaks to the City’s jobs/housing imbalance (page 52 General Plan). The high-density residential land use designation would assist in bridging the gap between the availability of housing in the City and the abundance of jobs. Moreover, by including 70 units as affordable, the Project will provide housing units that are within the budget of many employees in the City that cannot now afford to purchase a home. iv. Airport Land Use Plan: The proposed General Plan amendment is consistent with the Airport Land Use Plan. The General Plan depicts the Airport Related Height Restrictions on page 34. The proposed Project buildings will be a maximum of 70 feet tall, well within the 450 foot height limitation established by the Airport Land Use Plan. Moreover, the Airport Land Use Committee has indicated preliminary approval of the Project, provided that the interiors of the units are rated to 45 dbs. The Project provides dwelling units that are rated to 45 dbs, at a minimum. The Airport Land Use Commission approved the Project as of September 14, 2001. v. Text Amendments: Westborough Guiding Policy 3.11-G-1: ‘Maintain 5 the established land use pattern of Westborough, and require new development to meet specified urban design and steep slope conservation criteria.” The proposed text amendment would state as follows: “Maintain the established land use pattern of Westborough, and require encourage new development to meet specified urban design and steep slope conservation criteria.” vi. Text Amendments: Westborough Implementing Policy 3.11-1-2: The section requires all new development and any rehabilitation of the existing developments along the Gellert Boulevard north of Westborough/Gellert to adhere to the Urban Design Plan dated October 23, 1991. The section is proposed to be modified, as a General Plan text amendment, to state as follows: 2Req’aiie—Encourage all new development and any rehabilitation of the existing developments along the Gellert Boulevard north of Westborough/Gellert to adhere substantially comply to with the Urban Design Plan dated October 23, 1991. Undertake a design review of any proposal in the area for conformance consistency with the recommendations and guidelines contained in the plan. Exceptions may be made to exempt minor projects from this requirement if such proposals do not conflict with the overall goals of the Urban Design Plan and are found to further goals of the City’s General Plan, subject to approval of the City Council” Analysis: The proposed Project was reviewed with respects to the Urban Design Plan during the environmental review process. The Project generally complies with the Westborough-Design Plan recommendations regarding aesthetic character including the following: 1) the proposed Project would incorporate signage and special plantings to announce entrances and would preserve the views of the existing homes at the top of the slope while taking advantage of view opportunities in the new residences; 2) the Project integrates parking facilities into the buildings in a way that reduces their bulk and visual dominance; 3) pedestrian areas of the Project include flowering plantings in pots and seating areas; 4) the hillside open space will be planted with trees and ground-cover; and 5) the buildings feature architectural elements such as towers and roof-forms to emphasize key entry points and corners. The proposed text amendments would allow greater flexibility in guiding project design in the area. The Urban Design Plan was prepared in 1991 and no longer reflects the City’s vision for development in the area. Strict adherence to the Urban Design Plan would frustrate the City’s goal of ensuring that any new development, or rehabilitation of existing development, is consistent with the surrounding properties and reflective of the character of the community. 3. Planned Unit Development Permit: As part of the Planned Unit Development Permit, the applicant seeks an exception to the R-3L height limitation of 50 feet. The Project, as depicted in the Plan Set dated October 5, 2001, would require a height exception of twenty feet (20 ft) such 6 that the maximum height of the buildings would be seventy (70) feet. The South San Francisco Municipal Code, Chapter 20.84.045, requires the final decision making body to make the following findings. The findings are based on all evidence in the record and the facts and analyses as set forth below: A. The subject site is physically suitable for the type and intensity of the land use being proposed. The site is approximately 14.9 acres and contains steeply sloping terrain. The Project has been designed to maximize the developable area without “stepping” into the slope which would necessitate additional cuts into the existing hillside. Even with the reduced developable area, the site can accommodate 280 multi-family residential units under the proposed high-density designation. As proposed, the density would be 18.8 units per acre, just over the medium-density designation which allows for up to 18.1 units per acre. The surrounding uses include commercial and medium-density residential housing. Because medium-density allows up to 18.1 units per acre and the proposed Project contains just over that at 18.8 units per acre, the Project is consistent with the surrounding uses and the intensity of those uses. B. The development will create a residential environment of sustained desirability and stability. The Project contains 280 multi-family units in 1, 2 and 3 bedroom configurations. Of those 280 units, 70 are designated as affordable with 28 reserved for families of low-income and 42 reserved for families of moderate-income. Within the Project, there is an indoor recreation area, a “tot-lot” and an Art/Landscape display. These components add value to the Project and are likely to contribute to a sustainable living environment for the residents. Additionally, a Park in Lieu fee of approximately 1.6 million dollars is required and will be used to provide additional recreational opportunities to residents of the Project. C. The development will result in an intensity of land utilization no higher than that permitted or required for similar development. The Re-Zone to high-density residential is consistent with City policy to amend zoning, including density restrictions, when doing so aids the construction of affordable housing. D. The project complies with the provisions of the California Environmental Quality Act (CEQA). As discussed in section 1, the Project has undergone a full environmental analysis in accordance with the provisions of CEQA. E. The proposed development is consistent with the general plan. As identified above, under the General Plan analysis, the proposed Planned Unit Development Permit would conform to the City’s General Plan and implement Housing Element Policies lB and 1C. Additionally, the Planned Unit Development Permit furthers the following: 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 7 be evaluated according to the following factors: Effects the proposed densities will have on the surrounding neighborhoods, streets, and the community as a whole; Need for additional infrastructure improvements, including but not limited to sewers, water, storm drainage and parks; 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, Cost /revenue impacts, especially of major projects. Analysis: The proposed high-density land use designation and the proposed PUD further this policy. The density of the project is increased but is compact so as to avoid cuts into the existing hillside. Sewer, water, storm drain and open space are in place or in close proximity to the Project. The developer, through the development agreement, will provide approximately 1.6 million dollars as a Park in Lieu fee in order to provide additional recreational opportunities to residents of the Project. Design review of detailed architectural and landscape drawings was completed and landscape maintenance responsibilities will be allocated in the Project Covenants, Conditions and Restrictions. The Covenants, Conditions and Restrictions are subject to approval by the City Attorney and any project approvals granted prior to City Attorney review of the CC&R’s are specifically conditioned on the acceptance of the CC&R’ s by the City Attorney. ii. Housing Element Policy 3E: Foster amenities needed by female-headed households. Analysis: The proposed Project includes a mixture of 1 and 2 bedroom low-income units which are more affordable to single-parent households and are appropriate for smaller households. Additionally, the Project includes a Shuttle Program to assist residents in using public transportation and an onsite “tot-lot” as a children’s play area. Thus, the Project conforms with and implements this policy. iii. 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 Project conforms with and implements this policy by including a Shuttle Program with service to major transit areas and pedestrian walkways throughout the Project, in effect linking the buildings. iv. Transportation Element Policy 4.3-G- 3: In partnership with the local employers, continue efforts to expand shuttle operations. Analysis: The proposed Project conforms with and implements this policy. The 8 residential development includes a Shuttle Program that will facilitate the use of public transportation by providing residents an economical and convenient means of accessing the new BART station, the CalTrain stations, and local bus stops. v. Parks, Public Facilities and Services Element Policy 5.1-G-1: Develop additional parkland in the city, particularly in areas lacking these facilities, to meet the standards of required park acreage for new residents and employees. Analysis: Implementing Policy 5.1-1-3: Prefer in—lieu fees to dedication, unless sites offered for dedication provide features and accessibility similar in comparison to sites shown in Figure 5-I. The proposed Project conforms with and implements this policy by requiring the payment of approximately 1.6 million dollars in Park In-Lieu Fees. Restrictions on dedication of land, and requirements related to dedications, are set forth in the Development Agreement and ensure that any land dedicated meet the requirements of the Municipal Code and Policy 5.1-1-3. F. The proposed development will not be unreasonably adverse to the public health, safety or general welfare of the community, nor unreasonably detrimental to the surrounding properties or improvements. Analysis: The Project, as currently designed, will provide 280 residential units and payment of approximately 1.6 million dollars in —in-lieu fees. The residential units will assist the City in meeting the goals for affordable housing established by the Association of Bay Area Governments, which allocate approximately 1,331 housing units to the City of South San Francisco. The Project incorporates quality of life amenities for the residents, such as an indoor recreational area and child “tot-lot.” Additionally, an Art/Landscape display is provided and will be visible to both residents and members of the surrounding community. Any traffic impacts, visual impacts, noise impacts or other environmental issues are analyzed in the Environmental Impact Report and, where required, are mitigated to less than significant levels except one traffic impact which will require a Statement of Overriding Considerations. The Project is required to implement a Mitigation Monitoring and Reporting Program to ensure all identified impacts requiring mitigation are properly addressed and that the Project proceeds with the proper mitigation in place. Therefore, there is no evidence to suggest that the Project will have an adverse effect on the public health, safety or welfare. Additionally, as the site is presently vacant, created as a “road-cut,” the addition of the residential Project will enhance the values of the surrounding properties and improvements by adding new residents and creating a visually attractive, landscaped slope, where there presently exists an undeveloped, vacant “road-cut.” G. The development generally complies with adopted design guidelines. See discussion in A under General Plan analysis. H. The proposed height exception will result in a project of superior design or 9 otherwise be of general benefit to the community or neighborhood. The height exception is necessary to permit additional affordable housing units to be developed on a site that is significantly constrained by a steeply sloping bank. The addition of 70 units of affordable housing on one of the few remaining vacant parcels in the City benefits the community by providing work force housing for employees of businesses in the community as well as employees of the City. I. The proposed height exception will not be unreasonably detrimental to the health, safety, welfare, comfort or convenience of persons working or residing in the vicinity of the property. Extending the height of the buildings by twenty feet will not, as indicated in the DEIR, significantly impact the view corridors of the surrounding properties. Additionally, impacts to the existing infrastructure are addressed in the DEIR and Mitigation Monitoring and Reporting Program and the majority are reduced to less than significant levels. Thus, based on the DEIR and evidence received at the public hearings on the Project, the City Council finds that a height exception of twenty feet will not be unreasonably detrimental to the health, safety, welfare, comfort or convenience of persons working or residing in the vicinity of the property. J. The development will create a residential environment of sustained desirability and stability. The Project contains amenities, including a child “tot lot,” landscaped areas on the site, a community art display, and on-site Transportation Demand Management coordinator, that support female-headed households and families of lower income. The Project also proposes to landscape and maintain the slope on the northern border of the property. These items, combined with the proposed mix of one, two and three bedroom units, will create a residential community that is stable and enhances the desirability of the residential units and surrounding community. K. The Marbella Planned Unit Development Permit, with the proposed exception, conforms to the proposed High-Density Multi-Family Residential land use designation. High-Density multi-family residential zones allow for up to 30.0 units per acre, with a minimum of 18.1 units per acre. The proposed Project provides 280 units on approximately 14.9 acres, resulting in 18.8 units per acre. Because the actual developable portion of the site is limited, higher densities could not be achieved without cutting into the steep slope or increasing the height of the buildings over the proposed height of 70 feet. Based on the foregoing, approval of the twenty foot exception will not result in a greater utilization of land than is permitted in the R-3L, high-density residential, zone. 4. Vesting Tentative Map: The Vesting Tentative Map, dated October 5, 2001, is consistent with the General Plan, as proposed to be amended. The General Plan, and associated re-zone, would allow development of 280 multi-family residential units on the property, consistent with a high density designation of the parcel. 5. Development Agreement: The applicant and City have negotiated a Development Agreement pursuant to Government Code section 65864 et.seq. The Development Agreement, attached hereto as Exhibit E, sets forth the duration, property, project criteria and other required 10 information identified in Gov.’t Code section 65865.2. Additionally, the Agreement requires the applicant to provide 70 of the 280 units as affordable to persons or families of low and moderate income. Other terms of the Agreement require re-sale restrictions on the affordable units and payment of Park In-Lieu Fees. The Development Agreement, vesting a project for 280 multi-family units, is consistent with the General Plan, as proposed to be amended, and consistent with the applicable zoning regulations, as those regulations are amended to accommodate the Project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco does hereby: A. Recommend the City Council certify the November 2001 Final Environmental Impacts Report for the Marbella Housing Subdivision based on the Commission’s review of the revised Draft Environmental Impact Report, previously distributed and incorporated herein as Exhibit A, and the Final Environmental Impact Reports that incorporated comments from the May 24, 2001, DEIR and the October 5, 2001, DEIR. B. Recommend the City Council adopt the General Plan Amendment, attached hereto and incorporated herein as Exhibit B. C. Recommend that the City Council adopt the General Plan text amendments, attached hereto and incorporated herein as Exhibit C. D. Recommend the City Council approve a Re-Zone from C-i Commercial to R-3-L Residential, attached hereto and incorporated herein as Exhibit G. E. Recommend the City Council approve the Planned Unit Development Permit for the Marbella Housing Subdivision, attached hereto and incorporated herein as Exhibit D. F. Recommend the City Council conditionally approve the Vesting Tentative Map, dated October 5, 2001, attached hereto and incorporated herein as Exhibit E. G. Recommend the City Council authorize and approve the Development Agreement for the Marbella Housing Project, attached hereto and incorporated herein as Exhibit F and waive reading and introduce an ordinance authorizing same. * * * * * * * AYES: Commissioner Honan, Commissioner Ochsenhirt, Commissioner Sim, Vice Chairperson Romero and Chairperson Meloni NOES: Commissioner D'Angelo 11 ABSTAIN: None ABSENT: Commissioner Teglia ATTEST: Commission Secretary Thomas C. Sparks