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HomeMy WebLinkAboutOrd 1162-1995ORDINANCE NO. 1162-95 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADDING CHAPTER 20.39, THE "RESEARCH AND DEVELOPMENT OVERLAY DISTRICT REGULATIONS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RECITALS WHEREAS, applications for (1) an amendment to the zoning ordinance of the City of South San Francisco (the "Zoning Ordinance") adding Chapter 20.39, the "Research and Development" or "R&D" Overlay District Regulations, (2) an amendment to the Zoning Ordinance adding Chapter 20.40, the Genentech "Research and Development" or "R&D" Overlay District and (3) an amendment of the zoning map of the City of South San Francisco (the "Zoning Map") reclassifying from Planned Industrial (P-I) to Planned Industrial/Research and Development Overlay District (P-I/R&D) certain Genentech properties were submitted to the City. The amendments to the Zoning Ordinance and the Zoning Map are sometimes referred to together herein as the "Project"; and WHEREAS, an environmental initial study (the "Initial Study") which considered the potential environmental impacts of the Project was processed and reviewed in aCcordance with the California Environmental Quality Act. The Initial Study determined that the Project would not have any potentially significant impacts on the environment; and WHEREAS, based upon the Initial Study and other information including, but not limited to, the East of 101 Area Plan Environmental Impact Report ("Area Plan EIR"), a Mitigated Negative Declaration was prepared for the Project pursuant to Pub. Res. Code Section 21050(c) (2) and was made available for public review pursuant to Pub. Res. Code Sections 21091 et seq.; and WHEREAS, on January 19, 1995, the Planning Commission of the City of South San Francisco (the "Planning Commission") held a duly-noticed public hearing on the proposed Negative Declaration and the Project; and WHEREAS, by separate resolution the Planning Commission has recommended to the City Council of the City of South San Francisco (the "City Council") adoption of the Mitigated Negative Declaration; and WHEREAS, after having reviewed and considered all evidence and testimony in the record, the Planning Commission voted to recommend to the City Council approval of the amendment to add Chapter 20.39 to the Zoning Ordinance. CENTRAL R£CORD~ ~t.~NO./?~-~O- WHEREAS, the proposed amendment to add Chapter 20.39 to the Zoning Ordinance is consistent with the applicable general plan, the East of 101 Area Plan (the "Area Plan"), including, but not limited to: (1) the goal on page 1 of the Area Plan to "guide and regulate development in a manner which protects and enhances the area's physical, economic and natural resources, while also encouraging appropriate development in the area"; and (2) Area Plan Policies LU-16, LU-17 and CIR-16 related to development pursuant to Facility Master Plans. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Chapter 20.39 is hereby added to the South San Francisco Municipal Code to read as follows: Chapter 20.39 "RESEARCH AND DEVELOPMENT" OVERLAY DISTRICT REGULATIONS 20.39.010 Short Title 20.39.020 Purpose 20.39.030 Definitions 20.39.040 Overlay District Designation 20.39.0S0 Development Standards and Criteria 20.39.060 Permit Review 20.39.070 Effect of Pre-Existing Approvals 20.39.080 Annual Report 20.39.010 Short Title. This chapter may be referred to as the R&D Overlay District Regulations. This district may be referred to as the R&D Overlay District. 20.39.020 Purpose. This Chapter establishes the Research and Development Overlay District ("R&D Overlay District"), prescribes regulations for reclassifying properties to and from this district and establishes development standards and requirements within the district. The R&D Overlay District is intended to enhance planning and design principles for research and development facilities. In addition to the general provisions described in Chapter 20.04 and the purposes of the underlying zoning district, the specific purposes of the R&D Overlay District include the following: (a) To create a framework defining a facility-wide architectural character, a system of open space elements and a pedestrian and vehicular circulation plan linking buildings and uses together in a flexible, logical and orderly manner for each R&D Overlay District. CENTRALRECORD~ L NO. (b) To increase the flexibility of the city's land use regulations and the speed of its review procedures to reflect the quickly changing needs of research and development focused corporations. (c) To establish facility-wide design guidelines and development standards to produce an attractive, coherent and efficient environment. (d) To establish facility-wide development capacities consistent with the City's General Plan, including any area plans, existing conditions, and growth and development projections submitted as part of a reclassification for a particular property. (e) To establish procedures to define a baseline of existing conditions for each lot to be reclassified to an R&D Overlay District with regard to those items and obligations identified in section 20.39.040 (b) (3) at the time the lot is reclassified so that the City may use this data to reestablish the baseline in the event that the lot is removed from the R&D Overlay District classification. Z0.39.030 Definitions. The following definitions shall be supplementary to those contained in Chapter 20.06 of the Zoning Ordinance: (a) Facility. Ail lots of record and their structures owned or leased by a single entity and engaged in research and development and associated activities, which are reclassified such that the uniform regulations and requirements covered by the R&D Overlay District apply. (b) Facility Master Plan. A long-range plan which provides guidance for the growth and development of a public or private facility. 20.39.040 Overlay District Designation. (a) Application. R&D Overlay Districts are established consisting of all lands so reclassified on the Zoning Map of the City of South San Francisco. All regulations, development standards and requirements shall be those set forth in the underlying zoning district, and other rules and regulations of the South San Francisco Municipal Code, except as provided by this chapter. 3 CENTRAL RECORD8 ~L~ NO. //& j (b) Reclassification. Reclassification to and/or removal of lots from an R&D Overlay District may be considered pursuant to the provisions of Chapter 20.87 and the following: (1) Minimum Area. Reclassification to the R&D Overlay District may be considered only for one or more lot(s) totaling twenty acres or more. (Z) Required Signatures. The petition for reclassification to or removal from the R&D Overlay District must be signed by the sponsor of the Facility Master Plan and the property owner(s). (3) Documentation of Existing Conditions. Applications for reclassification to an R&D Overlay District shall be accompanied by documentation that establishes the condition of each individual lot to be reclassified. The documentation shall include, but is not limited to: (A) lot area, (B) building height, (C) building setbacks, (D) building floor area, (E) lot coverage, (F) landscaping area, (G) parking spaces, (H) off-street loading areas and their dimensions, (I) land uses, and (J) conditions in any pre-existing discretionary permits or approvals issued for such lot by the City that would be superseded by the reclassification. Ail the information shall be provided in a form acceptable to the City's Chief Planner. The Chief Planner may waive the submittal of certain information items if satisfactory alternatives are proposed or if the Chief Planner determines that the information does not relate to the standards to be modified in the particular reclassification. (4) Facility Master Plan. (A) Application requirements. Applications for reclassification to an R&D Overlay Dis- trict shall be accompanied by a Facility Master Plan. C£NTRALR£CORi2~ (B) Procedure for the review of the F&cility Master Plan. Facility Master Plans shall be reviewed by the Planning Commission to determine: (i) that sufficient roadway, intersection and infrastructure capacity exists to accommodate facility development proposed by such Facility Master Plan; (ii) that any proposed modifications to the standards and regulations of the underlying zoning proposed by any reclassification to the R&D Overlay District are supported by information contained in the Facility Master Plan or. other documents; and (iii) as part of its review, the Planning Commission must find that the Facility Master Plan is consistent with the City's General Plan and any applicable area plan, and fulfills the purposes of the R&D Overlay District as set forth in Section 20.39.020. (C) Use of the Facility Master Plan. If, after review of the Facility Master Plan, the Planning Commission has made the determinations in subsection (B) above, the City may establish facility wide development standards. Such facility-wide development standards shall be incorporated in the reclassification of the facility to an R&D Overlay District. (D) Contents. The Facility Master Plan shall include, but is not limited to, the following components: (i) A description of the facility including the physical setting and the proposed activities. (ii) Growth and development projections with estimates of the facility's building areas, employ- ment, vehicular trip generation, public infrastructure and utility needs. (iii) Transportation and parking programs to support any facility-wide parking standards. (iv) Design Guidelines. Design guidelines shall be prepared and submitted to the City both as part of the Facility Master Plan and for use by the City to evaluate facility development proposals. The guidelines shall promote quality design of the facility's buildings and grounds, promote a functional, safe and attractive environment and preserve and enhance the valuable natural 5 (~I='NTRAL RECORD.~ and historic character of each facility. The design gui- delines shall contain, but are not limited to, the following components: 1. An inventory of the existing physical setting of the facility's site including: site access and entries, landforms, adjoining properties, views to and from the facility, micro-climates, vege- tation, historical structures and other unique physical features and visual landmarks. 2. A conceptual framework and over- arching goals for the facility and sub-facility designs. These should include the establishment of guidelines for creating senses of entry into a facility and orientation within the facility in response to the components of the site inventory. 3. Plans, standards and character statements of the facility's circulation systems for pedestrians and vehicles. 4. Plans, standards and character statements for a hierarchical system of open spaces, activity nodes and interconnections. 5. Guidelines for site planning, including guiding principles for the location and massing of buildings, open spaces with special consideration of the relationships to the architectural context of building sites, local micro-climates (wind) and useable outdoor spaces within building sites 6. Guidelines for the architectural character of structures, walls, signage, utilities and other components of the built environment. 7. Guidelines for the landscaping of the facility including plant pallets, street furniture, lighting standards and street tree planting programs. 8. Guidelines for the location and design of parking and loading facilities. (5) Removal from a District. Any lot removed from an R&D Overlay District shall conform with the existing conditions of such lot at the time of reclassification as documented in Section 20.39.040(b) (3) above, except that the City may determine not to require demolition or other elimination of physical improvements to a lot in connection with its removal from the R&D Overlay District. Any property removed from a Facility 6 CENTRAL RECORDS Master Plan may be removed from its R&D Overlay District upon receipt of a petition from the sponsor of the Facility Master Plan and the property owner(s). Any such petition shall be processed in accordance with Chapter 20.87 (6) Reclassification Ordinance. The ordinance reclassifying a property to the R&D Overlay District shall also create a chapter of this title establishing a statement of purpose of the district and listing any revised zoning standards and regulations applicable to a reclassified facility. These revised standards may include: (i) changes from the standards of the underlying zoning district regulations; and (ii) maximum facility development capacities, including total floor area, employee count, average daily traffic generation or peak hour traffic volumes and utility usages. (c) Design Guidelines. (1) The facility design guidelines are subject to the review and approval of the Planning Commission. The Planning Commission may approve the facility design guidelines if it finds that such guidelines are consistent with the applicable reclassification ordinances for purposes of this chapter (as set forth in Section 20.39.020) and the criteria set forth at Section 20.39.040(b) (4) (D). (2) The City shall use these facility design guidelines to evaluate projects within the applicable R&D Overlay District. The facility design guidelines shall supersede any other design guidelines of more general application that have been or may be adopted by Planning Commission resolution that would otherwise apply to the reclassified properties. The facility design guidelines shall not supersede any design guidelines contained in the General Plan or any applicable area plan. 20.39.050 Development Standards and Requirements. Except as follows, whenever a structure is enlarged or newly constructed or a new use is inaugurated in a structure, it shall comply with the development standards and requirements set forth in the underlying zoning district, and conditions of any prior City approvals. CENTRAL. RECORDS (a) Changes to standards and regulations. The City Council may approve changes from the underlying zoning district's standards and requirements for each R&D Overlay District. Any such changes shall be set forth in a chapter of this zoning ordinance. (b) Facility-wide compliance. The ordinance adopting such changes may identify certain standards that may be met for a facility in its entirety rather than on a lot-by-lot basis. When standards and or regulations are to be satisfied on a facility-wide basis, it shall be the responsibility of the property owner or facility operator to maintain tables demonstrating how the facility complies with the facility-wide standards, and how each individual lot contributes to such compliance. Said tables shall be in a form acceptable to the Chief Planner and shall be submitted for review and approval by the Planning Commission each time a project is submitted for its discretionary approval or at least once a year as part of the Annual Report discussed in Section 20.39.080 below. (c) Standards and requirements that may be changed. Development standards and requirements of the underlying zoning district including, but not limited to, building setbacks, lot coverage and floor area ratios may be amended for the properties to be reclassified. (1) Off-Street Parking Requirements. Off-street parking and loading requirements may be established based on a parking demand study, consistent with General Plan and any applicable area plan policies. (Z) Floor Area Ratio. The maximum Floor Area Ratio (FAR) may be exceeded, consistent with General Plan and any applicable area plan policies. 20.39.060 Permit Review. Development review of projects within R&D Overlay Districts shall be in accordance with all provisions of this title. (a) Design Review Procedure. The following procedures shall apply to design review for projects subject to subsections (b) and (c) below. Except where the Chief Planner finds that a proposed project does not involve significant design issues and therefore does not require Design Review, the procedures contained in Chapter 20.85 are not limited or changed by this chapter. The standards and guidelines to be used during the Design Review procedure for R&D Overlay District projects are: 8 C "NTRAL RECORI: (1) those contained in the General Plan and any applicable area plan, and (2) those contained in any relevant Planning commission resolution, except where superseding facility design guidelines have been adopted pursuant to Section 20.39.040(c). (b) Administrative Review. The following projects are not subject to discretionary review under this title except those projects determined by the Chief Planner to potentially have a significant adverse environmental impact or which are not consistent with the Design Guidelines or the purposes of the R&D Overlay District. The Chief Planner's decision to approve or disapprove a project under this subsection may be appealed to the Planning Commission pursuant to Chapter 20.90. (1) Additions to existing buildings where only one such addition to such building occurs within a twelve month period, and where the addition is limited to the lesser of: a) 10,000 square feet in area or b) 20% of the existing gross floor area of the building, measured as of the date the specific project application is submitted. (2) Accessory structures and above grade utility systems equal to or less than 500 square feet in area; (3) Interior building modifications which involve changing the use of less than 30 percent of a building's gross floor area; (4) Changes in the use of existing buildings where both the prior and proposed use are defined in the underlying zoning district as Permitted Uses; (5) Minor site improvements, including, but not limited to: landscape amenities, small at-grade open parking lots of less than 50 parking spaces and minor above grade utility systems to service existing buildings. Minor site improvements under this section shall also be subject to the square footage limitations contained in subsection (1) above; and (6) Replacement, relocation or reconstruction of parking lots or spaces which does not result in a parking capacity increase. 9 C;E:NTRAL RECORD~ No. (c) Minor Use Permits. The following projects are subject to the review and approval of a minor use permit by the City's Chief Planner. The Chief Planner may approve, approve with conditions or deny approval of such projects. (1) Procedure. The Chief Planner's review of minor use permits shall comply with the procedures established in Chapter 20.81. (2) Appeal. The Chief Planner's actions may be appealed to the Planning Commission by direction of the Planning Commission or pursuant to procedures set forth in Chapter 20.90. (3) Projects subject to Minor Use Permits (A) Addition(s) to an existing building where only one such addition to such building occurs within a twelve month period, and where the addition is limited to between 10,000-20,000 square feet (but not to exceed 20% of the existing gross floor area of the building, measured as of the date the specific project application is submitted). In the event that the total of such additions exceeds twenty (20) percent of the floor area existing at the time of first request for expansion, the Chief Planner shall notify the Planning Commission of the project approval within four days of the approval. (B) Accessory structures and above grade utility systems of between 501 and 5,000 square feet. (C) Small, at-grade parking lots of 51- 150 parking spaces. (4) Required Findings. The Chief Planner's decision to issue a minor use permit shall be based on all of the following findings: (A) The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements. (B) The use is consistent with the City's General Plan and any applicable area plan. (C) The proposed use complies with all applicable standards and requirements of this title. 10 CENTRAL RECORDS FIi,X NO. ///-~ - F'~d'~ (D) The use complies with the R&D Overlay District's facility design guidelines. 20.39.070 Effect of Pre-Existing Approvals. Notwithstanding any other provision of this chapter, all preexisting zoning requirements and conditions of approval for any building or use within a Facility Master Plan area shall continue in effect except where modified by the reclassification ordinance or facility design guidelines adopted hereunder. 20.39.080 Annual Report. Upon approval of a reclassification ordinance, the sponsor of the applicable Facility Master Plan shall thereafter submit an annual status report ("Annual Report") for review by the Planning Commission. The Annual Report shall include, as appropriate, the status of facility- wide improvements, anticipated new construction or renovation projects, an update on transportation and parking needs, projected changes in the facility usage and requirements, advance notice of any proposed changes to the facility-wide development standards or design guidelines, and notice of any changes that have been made to the Facility Master Plan since the most recent Annual Report. SECTION 2: SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3: PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * 11 CENTRAL RECORDS NO. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 22nd day of March , 1995. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 12th day of April , 1995, by the following vote: AYES: Councilmembers Joseph A. Fernekes, John R. Penna, Roberta Cerri Teglia and Mayor Robert Yee NOES: None ABSTAIN: None ABSENT: C0uncilmember Jack Dra.q0 City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 12th day of April , 1995. 12 CENTRAl. R£CO'RI3~ mr.~ NO. //~,~-