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AGENDA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN
FRANCISCO
REGULAR MEETING
MUNICIP AL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, OCTOBER 10, 2007
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Agency business, we proceed as follows:
The regular meeting of the Redevelopment Agency is held on the second Wednesday of each month
at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item,
please complete a Speaker Card locat1ed at the entrance to the Community Room and submit it to
the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your
public comment. California law prevents Redevelopment Agency from taking action on any item
not on the Agenda (except in emergency circumstances). Your question or problem may be
referred to staff for investigation and/or action where appropriate or the matter may be placed on a
future Agenda for more comprehensive action or a report. When your name is called, please come
to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO
THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation.
The Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Board action.
RiCHARD A. GARBARINO, SR.
Chair
PEDRO GONZALEZ
Vice Chair
MARK N. ADDIEGO
Boardmember
JOSEPH A. FERNEKES
Boardmember
KARYL MATSUMOTO
Boardmember
RICHARD BATTAGLIA
Investment Officer
IRENE SOTO
Interim City Clerk
BARRY M. NAGEL
Executive Director
STEVEN T. MATTAS
Counsel
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS
CALL TO ORDER
ROLL CALL
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1. Motion to approve minutes of September 12, 2007
2. Motion to confirm expense claims of October 10, 2007
CLOSED SESSION
1. Pursuant to Government Code section 54956.8 real property negotiation related to
216 Baden Avenue property, owner: Evelyn Raffin Trustee, Raffin Family Trust
2. Pursuant to Government Code section 54956.8 real property negotiation related to
356 Grand Avenue property, owner: David Tsui
3. Pursuant to Government Code section 54956.8 real property negotiations related to
1 Chestnut Avenue property, owner: Ron Price
ADJOURNMENT
REGULAR REDEVELOPMENT AGENCY MEETING
AGENDA
October 10,2007
PAGE 2
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIP AL SERVICE BUILDING
COMMUNITY ROOM
WEDNESDAY, OCTOBER 10, 2007
7:30 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Council business, we proceed as follows:
The regular meetings of the City Couneil are held on the second and fourth Wednesday of each month at
7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your
name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES
PER SPEAKER. Thank you for your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
RICHARD A. GARBARINO, SR
Mayor
PEDRO GONZALEZ
Vice Mayor
MARK N. ADDIEGO
Councilman
JOSEPH A. FERNEKES
Councilman
KARYL MATSUMOTO
Councilwoman
RICHARD BATTAGLIA
City Treasurer
IRENE SOTO
Interim City Clerk
BARRY M. NAGEL
City Manager
STEVEN T. MATTAS
City Attorney
PLEASE SILENCE CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMP AIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENT A TrONS
. Day in the Park Highlights - Sharon Ranals
. Fuel Emission Reductions - Gary Batis, Public Works
. Proclamation - National Long-Term Care Residents' Rights Week 2007 - Judith Guilfoyle
. City of South San Francisco Employee Promotion and New Hire Introductions - Department
Heads
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
. Announcements
. Committee Reports
. City/Regional Non-Profit Events
CONSENT CALENDAR
1. Motion to approve the minutes of the regular City Council meeting of September 12,
September 26,2007 and Study Session of September 19,2007.
2. Motion to confirm expense claims of October 10, 2007.
3. Motion to approve the Grand Avenue Resurfacing Project as complete in accordance
with the plans and specifications.
4. Resolution approving an Administrative Instruction establishing procedures for
consideration of suggestions for ceremonial flag displays.
5. Resolution approving the 200 Second Street parcel map and accepting the dedication of
storm drain and authorizing the recordation of map, approved declaration of covenants,
conditions, restrictions and related documents.
6. Resolution accepting a grant in the amount of $100,000 from the U.S. Environmental
Protection Agency to fund training, purchase equipment and educational materials for
childhood lead poisoning prevention and amending the 2007/2008 operating budget.
7. Resolution to accept a grant in the amount of $79,662 from the Federal Emergency
Management Agency (FEMA) to purchase firefighting hose and nozzles.
REGULAR CITY COUNCIL MEETING
AGENDA
October 10, 2007
PAGE 2
8. Proclamations presented: Las Fiestas Patrias de Independencia (9/16/07); Relay For
Life (American Cancer Society) (10/06/07) and National Long-Term Care Residents'
Rights Week 2007 (10/10/07).
ADMINISTRATIVE BUSINESS
9. Resolution approving a three-month time extension (No. PCA 07-0002) of a residential
planned unit development permit, tentative subdivision map, and design review on a
0.52-acre site situated at 111 Chestnut Avenue.
10. An urgency ordinance of the City of South San Francisco making findings and
establishing a moratorium on the approval of discretionary land use entitlements for
specified parcels in the Orange Park sub-area, pending completion of a specific plan.
COMMUNITY FORUM
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
AGENDA
October 10, 2007
PAGE 3
2007 NATIONAL LONG-TERM CARE RESIDENTS' RIGHTS WEEK
October 7-]3,2007
WHEREAS, there are nearly 1.7 million individuals living in 17,000 nursing
homes; and 1 million individuals living in 45,000 board and care/assisted living facilities
in the u.s.; and
WHEREAS, almost 8,000 of those individuals reside in the 437 long-term care
facilities in the County of San Mateo; and
WHEREAS, the federal Nursing Home Reform Act of ] 98 7 guarantees residents
their individual rights in order to promote and maintain their dignity and autonomy; and
WHEREAS, all residents should be aware of their rights so they may be
empowered to live with dignity and self-determination; and
WHEREAS. we wish to honor and celebrate these citizens, to recognize their rich
individuality, and to reaffirm their rights as community members and citizens, including
the right to have a say in their care; and
WHEREAS, individuals and groups across the country will be celebrating
Residents' Rights Week with the theme- "CARE matters: Choice-Accountability-Rights-
Empowerment" - to emphasize the importance of affirming these rights through facility
practices, public policy, and resident-centered decision-making that impacts quality of
care and quality of life; and
NOT1'. THEREFORE, 1, RICHARD A. GARBARINO, Mayor of the City of South
San Francisco, on behalf of City Council, do hereby proclaim the week of October 7
through October 13, 2007 as: National Long-Term Care Residents' Rights Week in the
City of South San Francisco.
Richard A. Garbarino, Mayor
Pedro Gonzalez, Vice Mayor
Mark N. Addiego, Councilmember
Joseph A. Fernekes, Councilmember
Kmyl Matsumoto, Councilmember
Dated: October] 0, 2007
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AGENDA ITEM # 3
Staff Report
DATE:
TO:
FROM:
SUBJECT:
October 10, 2007
Honorable Mayor and City Council
Marty VanDuyn, Assistant City Manager
ACCEPTANCE OF GRAND AVENUE RESURFACING PROJECT
RECOMMENDATION
It is recommended that the City Council, by motion, accept the Grand Avenue Resurfacing
Project as complete in accordance with the plans and specifications.
BACKGROUND/DISCUSSION
The proj ect consisted of street resurfacing work along Grand Avenue, between Chestnut Avenue and
Spruce Avenue. The construction project involved full width pavement grinding, wedge grinding,
asphalt pavement dig-outs, installation of new asphalt concrete surfacing, new pavement striping and
markings, installation of new traffic loops and cameras, and raising the utility manhole and
monument covers to grade.
On April 16 and April 23 , 2007, staff advertised the "notice inviting sealed bids" for the project. Bids
were opened on May 15, 2007, and five bids were received. On June 13,2007, the Council awarded
the construction contract to Interstate Paving and Grading, Inc., for the bid amount of$ 547,975.
FUNDING
Shown below is the cost breakdown for the project budget:
Interstate Grading & Paving, Inc. of South San Francisco
Contingency (10%)
Engineering and Construction Inspection (5%)
Total Project Budget
$547,975.00
$ 54,700.00
$ 27,350.00
$630,025.00
This project was included in the City of South San Francisco's 2006 - 2007 Capital Improvement
Program (CIP). Gas Tax and Measure A funds in the amount of$610,000 were budgeted to cover the
costs. The additional funds were obtained from the 2006-2007 Street Resurfacing Program in the
amount of$20,025.
Staff Report
Subject:
ACCEPTANCE OF GRAND AVENUE RESURFACING PROJECT
Page 2 of2
Shown below is the actual construction cost breakdown of the project:
Interstate Grading & Paving, Inc. Bid Amount
Approved Change Orders # 1 & #2
Engineering & Construction Inspection
Total Project Cost
$547,975.00
$ 42,660.70
$ 38.222.79
$628,858.49
During the course of construction, two change orders were executed. Change Order #1 was to
increase the asphalt dig-outs, which were identified during the pre-construction meeting. Sections of
the asphalt were dug out to remove the failed sections and replaced with new aggregate base and
asphalt. Change Order #2 was for unforeseen work due to abandoned utility conduits located along
Grand Avenue. Since these conduits were abandoned, the contractor was not aware of the existing
condition and it caused their equipment to break. The contractor removed the conduits and backfilled
the affected area with asphalt.
CONCLUSION
The project installed new asphalt pavement to improve the surface resulting in smoother driving, less
vehicle emission due to continuous How of traffic, reduced impact to vehicle damage due to
elimination of potholes and uneven pavement surface, increased service life ofthe street, and reduced
major street maintenance for a longer period of time.
The project was inspected by City staff and completed in accordance with the plans and
specifications. The proj ect has a one year warranty period, which takes effect upon acceptance by the
City Council. Staffwill file a Notice of Completion and release the payment performance bond and
retention funds at the end of the thirty day lien period.
B~
arty Van Duyn ,
Assistant City Manage
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AGENDA ITEM # 4
DATE: October 10,2007
TO: The Honorable Mayor and City Council
FROM: Steven T. Mattas, City Attorney
By: Cynthia Wang, Assisumt City Attorney
SUBJECT: RESOLUTION APPROVING AN ADMINISTRATIVE INSTRUCTION ESTABLISHING
PROCEDURES FOR CONSIDERATION OF SUGGESTIONS FOR CEREMONIAL FLAG
DISPLAYS ON CITY HALL DISPLAY FLAG POLES
RECOMMENDATION:
Adopt resolution approving an Administrative Instruction that establishes procedures regarding the
consideration and acceptance of residents' suggestions for ceremonial flag display ceremonies for the flag
poles located at the entrance of city halL
BACKGROUND/DISCUSSION:
The City has previously displayed the flags of Peru, Mexico, and the Basque flag. The City does not have an
existing policy concerning ceremonial flag displays on its city hall flag poles. The attached policy is presented
to the City Council for consideration and adoption.
The proposed policy governs the consideration of residents' suggestions for the display of flags of foreign
nations on city hall display flag poles.
The establishment of a policy is important because flag display ceremonies implicate First Amendment rights.
The City Attorney's office is submitting this policy following extensive Constitutional analysis. The U.S.
Supreme Court has developed a formal set of regulations known as the "public forum doctrine," to defme the
scope of protection required for speakers using government -owned spaces. For flag-raising purposes, the city
hall display flag poles are generally non-public forums because they have not been traditionally held open to
the public for the purpose of conducting expressive activity.
The attached Administrative Instruction seeks to maintain the non-public forum designation of the city hall
display flag poles by: (1) restricting public access to the flag poles for expressive activity by reserving City
control over the poles via a suggestion process; and (b) placing reasonable time, place, and manner
restrictions.
Additionally, the attached administrative instruction:
. Limits flag display suggestions to flags of other sovereign nations only.
. Incorporates federal and state flag regulations
. Requires that suggestions be made by the head of an organization or an official representative of a
country only.
. Requires that suggestions be made at least thirty days in advance.
. Provides a timeline for the City Manager to review and evaluate all suggestions and make a
determination of acceptance or r~jection within ten calendar days.
. Sets forth an appeals process in front of the City Council for suggestions that are not accepted by
the City Manager.
. Gives the City Council final authority over flag displays.
. Provides guidelines for flag display ceremonies in the event that flag display suggestions are
accepted.
CONCLUSION
It is recommended that the City Council approve the Administrative Instruction establishing procedures
for consideration and acceptance of residents' suggestions for ceremonial flag displays on the flag poles
located at the entrance of the city hall.
BY:~~
f1;l Steven T. Matias, City Attorney
Attachment: Resolution
Administrative Instruction
10 15469-1
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE ADMINISTRATIVE
INSTRUCTION ESTABLISHING PROCEDURES FOR
CONSIDERATION OF SUGGESTIONS FOR CEREMONIAL
FLAG DISPLA YS ON CITY HALL DISPLAY FLAG POLES
WHEREAS, the City receives many requests to fly the flag of a foreign nation or
organization; and
WHEREAS, the City does not currently have an existing policy concerning the procedure
for evaluating suggestions for ceremonial flag displays on the flag poles outside of city hall; and
WHEREAS, adoption ofthe administrative instruction will establish a procedure
governing flag display ceremonies on city hall flag poles.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco that the City Council hereby approves the administrative instruction establishing a
procedure for review and consideration of suggestions related to displays of foreign flags on city
hall flag display poles.
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I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a meeting held
on the _ day of September, 2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
ADMINISTRATIVE INSTRUCTION No.
FLAG DISPLAY SUGGESTION POLICY
Purpose
The purpose of this Administrative Instruction is to establish and clarify procedures to be followed by all
City employees regarding the consideration and acceptance of suggestions for flag displays located on
either side of the balcony just above the entrance to the City Hall ("City Hall Display Flag Poles").
Policy
City Hall Display Flag Poles shall at all times be used exclusively by the City. The ceremonial display of
flags other than the flags of the United States of America, State of California, and City of South San
Francisco is generally not permitted, although the City will consider suggestions from residents to display
the flag of another nation presently in existence. Flag raising ceremonies shall be conducted in
accordance with all applicable provisions of federal and state laws.
Procedures
The City will accept suggestions for the display of flags of sovereign nations on City Hall Display Flag
Poles.
A. The suggestion must come from the head of an organization or an official representative
of a country.
B. The suggestion must come from a person over the age of 21.
C. The suggestion shall be made, in writing, to the City Manager's office at least thirty (30)
calendar days before the group wishes to have the City hold a ceremonial flag display on
the City Hall Display Flag Poles. Suggestions shall be made with the understanding that
the City maintains full control over access to the City Hall Display Flag Poles and that
such poles are at all times used exclusively by the City for expression.
D. The City Manager shall review all suggestions and reach a decision within 10 calendar
days. All suggestions he or she accepts shall be reviewed and evaluated by all relevant
City departments. City representatives may need to meet with the group making the
suggestion to discuss the details of the proposed event.
E. Suggestions the City Manager does not accept may be brought for reconsideration before
the City Council. The recommendations of staff shall be forwarded to all members of the
City Council. The City Council may review and evaluate the suggestions and may
request that representatives of the suggesting organization give a presentation at a
Council meeting, outlining the event and answering any questions that Councilmembers,
staff, or citizens may have. The City Council shall have (mal authority over anv
decision involviDl~ City Hall DisDlav Flae: Poles. Reauests from residents reD resent
mere sue:e:estions alone.
F. If the City does not accept a suggestion from a particular group, that group may not
resubmit a suggestion until the following year.
G. If a suggestion is accepted, the suggesting group will follow these guidelines:
a. The procurement of the flag shall be the responsibility of the group.
b. The function will begin at 11 :45 am on the day that has been selected for the flag-
raising.
c. The City will provide the group with 12 chairs to use during the flag-raising. One
podium will also be provided. The group shall meet in front of City Hall. No
more the 25 people will be allowed to attend the ceremony.
d. Parking for guests will not: be provided.
e. The ceremony will not be allowed to take place in the street or in any other way
block public access to the front of City Hall or the surrounding area. Traffic
control will not be provided.
f. Speakers may be permitted to speak on the City's behalf to present background
information on the flag display. The suggesting party shall nominate up to two
speakers from the representative group or consulate. If there is only one speaker,
the time allowed will be up to ten minutes. If there are two speakers, the ten
minutes shall be split as the group sees fit. The name of the speaker( s) shall be
given to the City Manager's Office ten calendar days before hand with a brief
overview of the speech that will be given.
g. A City staff member shall raise the flag promptly at 12:00 pm on a pole off the
balcony of City Hall.
h. The flag shall remain on the flag post until 5:00 pm ofthe day of the ceremony. It
is then the responsibly of one of the group members to pick up the flag within 4
calendar days of the flag ceremony.
1. If the weather is unsuitable for the ceremony, the flag shall be posted in the
rotunda area on a flag stand until weather permits it to be flown outside. If the
flag is not flown outside, it will still be taken down at 5 :00 pm on the day of the
ceremony. The timing and order of events shall not change. There shall not be a
make-up date if the flag is not flown outside due to inclement weather.
H. Any exceptions to these guidelines must be approved by the City Manager's Office.
If any of these guidelines are not followed, the office of the City Manager has the right to
suspend or cancel the ceremony.
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AGENDA ITEM # 5
Staff Report
DATE:
October 10, 2007
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Marty VanDuyn, Assistant City Manager
RESOLUTION APPROVING THE 200 SECOND STREET CONDOMINIUM
PARCEL MAP (SA-2005-001)
RECOMMENDATION
It is recommended that the City Council adopt a resolution: (1) approving the 200 Second
Street Parcel Map; (2) authorizing the recordation of the map, the approved declaration of
covenants, conditions and restrictions, and all related documents; and (3) accepting the
dedication of the public storm drain easement.
BACKGROUND/DISCUSSION
The City Engineer and the City's technical reviewer, with concurrence of all affected City departments
and divisions, have determined that the 200 Second Street Parcel Map, on-site improvements,
landscaping drawings, utility drawings, public frontage improvement plans, declaration of covenants,
conditions and restrictions ("DCC&Rs") and all related documents and plans are in compliance with the
Subdivision Map Act and the City's Subdivision Ordinance for said development. The parcel map and
DCC&Rs have been signed by the Subdivider.
The 200 Second Street Parcel Map will subdivide the property into two (2) separate lots consisting of
two (2) duplexes. The condominium buildings will be served by public utilities and a common area,
which will be maintained by a Homeowner's Association. The development will also be served by a
public storm drainage easement, which is being offered for dedication, and accepted and maintained by
the City within the boundaries of the condominium subdivision.
CONCLUSION
The attached resolution will approve the 200 Second Street Parcel Map, authorize the recordation of said
map, DCC&Rs, and all related documents, and accept the dedication of the public storm drain easement.
BY:~ APProv~'(.e
MartyVanDuyn .. .Na
Assistant City Manager City Manager
Attachments: Resolution
Parcel Map
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE 200 SECOND STREET
PARCEL MAP AND AUTHORIZING THE RECORDATION
OF THE MAP AND THE APPROVED DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
(DCC&R's) AND RELATED DOCUMENTS
WHEREAS, staff recommends approval of the 200 Second Street parcel map ("Parcel
Map"), authorization of the recordation of the map, the Declaration of Covenants, Conditions
and Restrictions ("DCC&Rs") and related documents; and
WHEREAS, the City Engineer and City's technical reviewer, with the concurrence of
all affected City Departments, have determined that the Parcel Map, on site improvements,
landscaping, utility, public frontage improvement plans, and DCC&Rs are in compliance
with the Subdivision Map Act and the City's Subdivision Ordinance for said development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South
San Francisco hereby:
1. Approves the 200 Second Street Parcel Map.
2. Authorizes the recordation of the 200 Second Street Parcel Map, the
approved declaration of covenants, conditions and restrictions and all related
documents.
3. Accepts the dedication of the public storm drain easement.
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I hereby certify that the foregoing Resolution was regularly introduced and adopted
by the City Council of the City of South San Francisco at a regular meeting held on the
_ day of 2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
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AGENDA ITEM # 6
DATE:
TO:
FROM:
SUBJECT:
October 10, 2007
Honorable Mayor and City Council
Philip D. White, Fire Chief
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF
$100,000 FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY TO FUND LEAD POISONING
PREVENTION AND AMENDING THE 2007/2008 OPERATING
BUDGET
RECOMMENDATION
It is recommended the City Council adopt a resolution accepting a grant in the amount of
$100,000 from the Federal Environmental Protection Agency (EP A) and amending the Fire
Department's operating budget for fiscal year 2007/2008.
BACKGROUNDIDISCUSSION
Currently, Safety Inspectors of the Fire Prevention Division are responsible for enforcement of
South San Francisco Municipal Code Section 8.54.070 (e)(l), which specifically identifies lead
paint as a hazard and unlawful nuisance.! As part of the City's effort to reduce childhood lead
poisoning, inspectors assess for lead based paint hazards during regular fire inspections of
buildings and investigations of Building, Zoning, Housing and Dangerous Building Code
violations.
In South San Francisco, a city with a population of 60,552, eighty-four percent (84%) of the
residences were built prior to 1978. This figure represents 17,061 housing units. Forty-three
percent (43%) of these units were built between 1959 and 19402. This makes South San
Francisco one of the most densely populated, high lead-risk areas in San Mateo County
(Attachment 1).
Consequently, three housing tracts in the City have been identified in the Healthy San Mateo
County Report 2000 as High Risk Lead Exposure Zones. 21 cases of South San Francisco
children being treated for lead poisoning have already been reported.
1 California Health and Safety Code 99 124125 - 124165 further declares childhood lead exposure as the most
significant childhood environmental health problem in the state.
2 2000 US Census Data
JAB-IO/05/07
Staff Report
Subject:
US ENVIRONMENTAL PROTECTION AGENCY GRANT FOR
CHILDHOOD LEAD POISONING PREVENTION
Page 2
Because of the Division's commitment to injury and illness prevention and its duty to reduce
lead hazards, the Fire Department applied for a grant under the Fiscal Year 2007 "Toxic
Substances Control Act, Special Purposes Activities-Lead Safe Homes Grant Program".
This grant will allow the Fire Department to: provide outreach to increase awareness on the
dangers of lead and ways to ensure lead-safe homes; provide training on lead hazard awareness
and lead safe work practices to contractors, property owners, parents, childcare providers and
others; work with property owners or contractors to correct identified problems; provide
vouchers for lead blood screening for children not covered by any other health program; and
increase the number of lead-safe homes in South San Francisco.
Specifically, grant funds will support specialized training of Fire Prevention personnel who
enforce regulations addressing the hazards posed by lead-based paint, purchasing equipment
used to test for the presence of lead in paint, the purchase of a support vehicle, and the purchase
of office equipment and supplies, home test kits and educational and display materials.
This grant requires the EP A to pay $100,000 of the total project cost of $175,505 and the City to
contribute the equivalent of $75,505 in staff time. The Fire Department already expends this
amount of staff time to address lead hazards as part of its ongoing fire inspection and code
enforcement efforts.
FUNDING
This grant represents a $100,000 recovery of costs for its ongoing fire inspection and code
enforcement efforts. The grant requires the Division to contribute the equivalent of $75,505 in
staff time during the funding period of October 1, 2007 to October 31, 2009. The Fire
Department can absorb this expense within its current budget. Grant funds will be used to amend
this year's operating budget of the Fire Department. Receipt of these funds does not commit the
City to ongoing support after the close of the funding cycle except for vehicle maintenance.
CONCLUSION
Acceptance of this grant will fund efforts to identify and control childhood lead poisoning and
other lead-based paint hazards by providing needed training, equipment and educational
materials.
By: liL) ,)) :x~
Philip D. White
Fire Chief
~ E
M. Nage
City Manager
Attachments: San Mateo County Lead Exposure Risk Zones
Resolution
tr
Staff Report
Subject:
Page 3
US ENVIRONMENTAL PROTECTION AGENCY GRANT FOR
CHILDHOOD LEAD POISONING PREVENTION
Attachment 1
Lead Exposure Risk Zones
San Mateo County Census Tracts
- Tracts 6002, 6004, 6000,6006,6007,6012/ Daly C~y
Census Tracts by Lead Risk
- Tracts 6021,6022,60231
South San Francisco
.
D
Lower Lead Risk
High Lead Risk
Tracts 6041.01,6042,60441 San Bruno
Tract 61351 Half M;.on Bay
Tracts 6062, 6066, 6077.011 San Mateo
Tracts 6101, 6102, 6104, 61051
Redwood City
Tract 61171 Menlo Park
Tract 6118. 6119, 6120/ East Palo Jlfto
Census tracts olassified as high risk i1f'e those thz fall in the upper 50th percent~es
of the proportion of families living under the poverty rile. proportion of
popul3l:ion under six years of age and proportion of housing stock built
prior to 1950. Several additional tracts were added due to the presence
of an unusually large number of ohildhood lead poisoning oases.
Miles
I
4
MAP2
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT
OF $100,000 FROM THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY TO FUND
LEAD POISONING PREVENTION AND AMENDING THE
2007-08 OPERATING BUDGET
WHEREAS, staff recommends the acceptance of a grant in the amount of $100,000 from
the United States Environmental Protection Agency (EP A) to fund efforts to identify and control
childhood lead poisoning by providing training, purchase equipment and educational materials;
and
WHEREAS, according to 2000 US census data, 84% ofthe housing stock in the City was
built prior to 1979; and
WHEREAS, three housing tracts in the City have been identified in the Healthy San Mateo
County Report 2000 as being in High Risk Lead Exposure Zones; and
WHEREAS, there have already been 21 reported cases of children being treated for lead
poisoning, and;
WHEREAS, this grant represents a $100,000 recovery of costs for ongomg fire
inspection and code enforcement efforts to reduce childhood lead poisoning; and
WHEREAS, the funds will be used to amend this year's operating budget of the Fire
Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby accepts a grant from the Federal Environmental
Protection Agency in the amount of $100,000 to develop and fund its ongoing childhood lead
poisoning prevention efforts and amends the 2007-08 operating budget to reflect the budgeting
allocations.
*
*
*
*
*
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on the
_ day of , 2007 by the following vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
ATTEST:
City Clerk
-
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AGENDA ITEM # 7
Staff Re:Qort
DATE:
TO:
FROM:
SUBJECT:
October 10, 2007
Honorable Mayor and City Council
Philip D. White, Fire Chief
RESOLUTION TO ACCEPT A GRANT IN THE AMOUNT OF
$79,662 FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY TO PURCHASE FIREFIGHTING HOSE AND NOZZLES
RECOMMENDATION
It is recommended the City Council adopt a resolution accepting a grant in the amount of
$79,662 from the Federal Emergency Management Agency (FEMA) and amending the Fire
Department's operating budget for fiscal year 2007/2008. The grant will be used to
purchase firefighting hose and nozzles which will significantly improve the safety and
capability of our firefighters on fire incidents.
BACKGROUNDIDISCUSSION
The Fire Department applied for a grant under the "Fiscal Year 2007 Assistance to Firefighter's
Grant Program". This is an annual opportunity for Fire Departments to apply for needed
funding. The Fire Department was awarded a FEMA Assistance to Firefighter Grant on
September 7, 2007 to purchase fire fighting hose and nozzles. The total grant request was for
$79,662. This is a matching grant that requires FEMA to pay 80% of the total cost $79,662 and
the City of South San Francisco to pay the remaining 20% ($19,915). This amount is included in
the Fire Department's operating budget for fiscal year 2007/2008 (10-11710-4740).
Our firefighting hose and nozzles are over 15 years old and are near the end of their service life.
The frequent use of these items has resulted in increased maintenance cost for nozzles and some
failures of hose on both the fire ground and training ground. The money from the grant will be
used to purchase replacement hose and nozzles which will significantly improve the safety and
capability of our firefighters on fire incidents.
JAB-10/05/07
Staff Report
Subject: FEMA GRANT FOR FIREFIGHTER HOZE AND NOZZLES
Page 2
FUNDING
The grant represents 80% of the total funding for the firefighting nose and nozzles. Per FEMA
regulations, the City is required to pay the remaining 20% cost of $19,915. The funds will be
used to amend this year's operating budget of the Fire Department. Receipt of these funds does
not commit the City to ongoing support after the close of the funding cycle.
CONCLUSION
Acceptance of this grant will allow timely replacement of firefighting hose and nozzles while
minimizing the impact on the General Fund.
By: ~;fZ ('.j) (:x ~
Philip D. Whi~
Fire Chief
APprove~ ' C:) {0
arry M. Nagel
City Manager
Attachment: Resolution
tr
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF
$79,662 FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY TO PURCHASE FIREFIGHTING HOSE AND NOZZLES
AND AMENDING THE 2007-08 OPERATING BUDGET
WHEREAS, staff recommends the acceptance of a grant in the amount of $79,662 from
the Federal Emergency Management Agency (FEMA) to purchase firefighting hose and nozzles;
and
WHEREAS, the grant represents 80% of the total funding for the firefighting hose and
nozzles. Per FEMA regulations, the City is required to pay the remaining 20% cost of $19,915.
This amount is included in the Fire Departments 2007-08 budget (10-11710-4740). The funds
will be used to amend this year's operating budget of the Fire Department. Receipt of these
funds does not commit the City to ongoing support after the close of the funding cycle.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby accepts a grant from the Federal Emergency Management
Agency in the amount of $79,662 to purchase fire fighting hose and nozzles and amend the 2007-
08 operating budget to reflect the budgeting allocations.
*
*
*
*
*
*
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on the
_ day of , 2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
S :\Current Reso's\9-1 Ocommunity. partnership.res.doc
AGENDA ITEM # 8
LAS FIESTAS PATRIAS DE INDEPENDENCIA
September 16, 2007
WHEREAS, for the past twenty-one years Sur San Francisco Unidos has
proudly hosted festivities for "Las Fiestas Patrias de Independencia" the major day of
observation of the anniversary of Mexico's Independence and that of Brazil, Chile,
Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua; and
WHEREAS, Las Fiestas Patrias de Independencia recalls the memory of heroes
and heroines who offered their lives so that sovereign rule might exist in those
countries; and
WHEREAS, Sur San Francisco Unidos College Scholarship Program has been
created to help Latino students pay for the cost of their college education Sur San
Francisco Unidos is a coalition forming a united forum of organizations and
individuals to serve the Latino community; and
WHEREAS, the mission of Sur San Francisco Unidos is to develop and foster
programs and strategies which will help to create a better community; one of the
avenues of achieving our purpose is through the youth of our community by making
higher education accessible to Latino students; and
WHEREAS, Sur San Francisco Unidos is committed to cause greater
communication and understanding to maintain and promote the richness of the Latin
American cultures and to bring unity between the Hispanic community and local
govemment offices in South San Francisco; and
NOW, THEREFORE, the City Council of the City of South San Francisco,
does hereby take pride in presenting this Proclamation in recognition of Las Fiestas
Patrias de Independencia and encourage all residents of our community to join our
Latino neighbors in celebrations of independence.
Richard A. Garbarino, Mayor
Pedro Gonzalez, Vice Mayor
Mark N. Addiego, Councilmember
Joseph A. Fernekes, Councilmember
Karyl Matsumoto, Councilmember
Dated: September 16, 2007
RELAY FOR LIFE
October 6, 2007
WHEREAS, Relay for Life is an overnight team event ji-om ] ] :00 a.m. Saturday,
October 6 to ] ] :00 a.m. Sunday, October 7, 2007 held at Burlingame High School where
teams of ji-iends, neighbors, families and coworkers commit to keeping at least one
member walking the track, at all times in keeping with their motto: Cancer never sleeps
and neither do we; and
WHEREAS, Relay for Life holds a Ceremony of Hope where hundreds of
Luminaria light the way under the stars to honor those battling cancer and those who
have lost the battle; and
WHEREAS. Relay for Life increases awareness of cancer in the community and
raises much-needed funding to fight the disease; and
WHEREAS, Relay for Life is dedicated to eliminating cancer, a major health
problem, by preventing cancer, saving lives, and diminishing suffering ji-om cancer
through research, education, advocacy and service.
NOW, THEREFORE, ], RICHARD A. GARBARINO, Mayor of the City of South
San Francisco, on behalf of Council, recognize Relay for Life as a Celebration of Life,
offering hope; the reason to relay.
Richard A. Garbarino, Mayor
Pedro Gonzalez, Vice Mayor
Mark N. Addiego, Councilmember
Joseph A. Fernekes, Councilmember
Karyl Matsumoto, Councilmember
Dated: October 6, 2007
2007 NATIONAL LONG-TERM CARE RESIDENTS' RIGHTS WEEK
October 7-13, 2007
WHEREAS, there are nearly ].7 million individuals living in ]7,000 nursing
homes; and] million individuals living in 45,000 board and care/assisted livingfacilities
in the u.s.; and
WHEREAS, almost 8,000 of those individuals reside in the 437 long-term care
facilities in the County of San Mateo; and
WHEREAS. the federal Nursing Home Reform Act of ]987 guarantees residents
their individual rights in order to promote and maintain their dignity and autonomy; and
WHEREAS, all residents should be aware of their rights so they may be
empowered to live with dignity and self-determination; and
WHEREAS, we wish to honor and celebrate these citizens, to recognize their rich
individuality, and to reaffiml their rights as community members and citizens, including
the right to have a say in their care; and
WHEREAS, individuals and groups across the country will be celebrating
Residents'Rights Week with the theme- "CARE matters: Choice-Accountability-Rights-
Empowerment" - to emphasize the importance of affirming these rights through facility
practices, public policy, and resident-centered decision-making that impacts quality of
care and quality of life; and
NOW, THEREFORE, I, RICHARD A. GARBARINO, Mayor of the City of South
San Francisco, on behalf of City Council, do hereby proclaim the week of October 7
through October] 3, 2007 as: National Long-Term Care Residents' Rights Week in the
City of South San Francisco.
Richard A. Garbarino, Mayor
Pedro Gonzalez, Vice Mayor
Mark N. Addiego, Councilmember
Joseph A. Fernekes, Councilmember
Kmyl Matsumoto, Councilmember
Dated: October] 0, 2007
-
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AGENDA ITEM # 9
DATE:
October 10, 2007
TO:
Honorable Mayor and City Council
FROM:
Marty VanDuyn, Assistant City Manager
SUBJECT:
THREE MONTH TIME EXTENSION OF:
1. TENTATIVE SUBDIVISION MAP ALLOWING THE CREATION OF
EIGHT (8) LOTS AND COMMON AREA IN ACCORDANCE WITH
SSFMC TITLE 19.
2. EXCEPTIONS FROM SSFMC TITLE 19 ALLOWING LOT SIZES
LESS THAN 5,000 SQUARE FEET AND LOTS NOT FRONTING ON
A PUBLIC RIGHT-Of-WAY, IN ACCORDANCE WITH SSFMC
TITLE 19.
3. PLANNED UNIT DEVELOPMENT PERMIT ALLOWING LOT SIZES
SMALLER THAN THE MINIMUM REQUIREMENT OF 5,000
SQUARE FEET AND REDUCED MINIMUM REQUIRED SETBACKS,
AND PARKING AT A RATE OF 3 SPACES PER DWELLING UNIT
INSTEAD OF 4.25 SPACES PER DWELLING UNIT, IN
ACCORDANCE WITH SSFMC CHAPTER 20.78.
4. DESIGN REVIEW ALLOWING FOR THE CONSTRUCTION OF A
TWO (2) TO THREE (3) STORY EIGHT (8) UNIT DEVELOPMENT,
SITUATED AT 111 CHESTNUT AVENUE (APN 011-312-090) IN THE
MULTI-FAMILY RESIDENTIAL ZONE DISTRICT (R-3-L), IN
ACCORDANCE WITH SSFMC CHAPTER 20.85.
Project Location: 111 Chestnut Avenue [APN 011-312-090]
Mitigated Negative Declaration: Previously adopted by the City Council on July
13,2005
Owner and Applicant: Ng's Chestnut, LLC
Case No.: PCA07-0002 [P02-0020 (SA02-0001, PUD02-0002, DR02-0002 &
ND02-0002)]
RECOMMENDATION:
That the City Council follow the recommendation of the Planning Commission and approve a
three month time extension of the subject permits, subject to the attached Condition of Approval
in Exhibit #A.
Staff Report
Subject: 111 Chestnut Townhomes
Page 2 of3
BACKGROUND/DISCUSSION:
The City Council approved the subject development at their meeting of July 13, 2005. The approvals
have expired and the owner has filed for a time extension. The South San Francisco Municipal Code
[SSFMC] provides that discretionary approvals are granted for a maximum of two years from the
effective decision date. If the owner does not receive a Building Permit and commence construction
soon thereafter, the approvals will expire. In accordance with the SSFMC an extension may be granted
by the City for up to a maximum of one year from the expiration date. If an owner allows the one-year
time extension to expire and obtains no building permits, no further extensions are permitted and the
owner is required to file a new planning application.
Because the development involves a Tentative Subdivision Map, Exceptions from the Subdivision
Regulations, and a Planned Unit Development Permit, both Planning Commission and City Council
approvals are required.
The applicant had initially requested a one-year time extension. However, City staff is recommending an
initial three month extension in order that the Tentative Subdivision Map can be revised to reflect the
original concept of creating eight individual lots [one lot per dwelling] and a separate common area
containing the shared driveway, visitor parking spaces, the two recreation areas and the front yard along
Chestnut Avenue. The current map does not include these features and would rely on multiple
easements. In our experience this approach is not only confusing, but will likely lead to potential
ownership conflicts and maintenance issues. City staff has met several times with the owner to review
these concerns.
In staff's experience, three months is ample time to allow the project Civil Engineer to prepare the
Tentative Subdivision Map. The owner has also agreed to a Condition of Approval (Exhibit #A) that
will allow the owner to request an additional extension for the remaining time between the end of the
three month extension and the maximum one year extension to July 21, 2008. The condition will allow a
review of the revised map by both the Planning Commission and City Council. This will assure that the
Tentative Subdivision and the Final Subdivision Maps are consistent with the City's intent to encourage
and facilitate a sense of community through shared responsibilities and obligations, neighborliness and
reduction of potential ownership and use conflicts.
At the September 20, 2007 Planning Commission meeting, the Planning Commission took public
testimony and after discussion unanimously recommended approval of the initial time extension for
three months.
For a detailed review of the development, the Planning Commission staff report and draft meeting
minutes are attached.
CONCLUSION:
The Time Extension allowing the construction of eight (8) dwellings is consistent with the City's
General Plan and will help meet the City's housing goals and objectives. The development meets the
Staff Report
Subject: 111 Chestnut Townhomes
Page 3 of3
applicable requirements of the City's Zoning and Subdivision Ordinances. Design revisions previously
required by both the Planning Commission and City Council ensure that the development is compatible
with the existing neighboring dwellings. Conditions of Approval will require that the owner revise the
Tentative Subdivision Map and have the City approve a further time extension before any permit is
issued, that the development is constructed in accordance with the approved plans, and that the westerly
property boundary fence meets the approval of the adjacent property owner. Therefore, City staff
recommends that the City Council follow the recommendation of the Planning Commission and approve
a Three Month Time Extension of the following:
1). Tentative Subdivision Map allowing the creation eight (8) lots and common area in accordance
with SSFMC Title 19.
2.) Exceptions from SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not
fronting on a public right of way, in accordance the SSFMC Title 19.
3.) Planned Unit Development Permit allowing lot sizes smaller than the minimum requirement of
5,000 square feet and reduced minimum required setbacks, and parking at a rate of3 spaces per
dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter
20.78.
4.) Design Review allowing for the construction a two (2) to three (3) story eight (8) unit residential
development.
By: }~~A~~ _____
Marty VanDuyn
Assistant City M ger
BY~ ~ 1:?1
Barry M. Na e
City Manager
Attachments:
City Council Draft Resolution of Approval, including Exhibit #A
Planning Commission Resolution of Approval
Original Conditions of Approval
Planning Commission
Staff Report
September 20, 2007
Applicant's Letter
Plans
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO APPROVING A THREE (3) MONTH TIME EXTENSION NO. PCA 07-
0002 OF A RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT, TENTATIVE
SUBDIVISION MAP, EXCEPTIONS TO THE SUBDIVISION REGULATIONS, AND
DESIGN REVIEW ON A 0.52 ACRE SITE SITUATED AT 111 CHESTNUT AVENUE.
WHEREAS, the South San Francisco Planning Commission held duly noticed public
hearing on September 20,2007; and
WHEREAS, by Resolution adopted September 20, 2007, the Planning Commission
recommended that the City Council approve the above-referenced land use entitlements; and
WHEREAS, at its meeting of October 10, 2007, the City Council conducted a public
hearing to consider the recommendation of the Planning Commission, and approved the
applicant's request to; and
WHEREAS, as required by the SSFMC Title 20 (Zoning Regulations) and SSFMC Title
19 (Subdivision Ordinance), the City Council makes the following findings in support of a Three
(3) Month Time Extension of a Residential Planned Unit Development Permit, Tentative
Subdivision Map, Exceptions to SSMC Title 19 (Subdivision Regulations), and Design Review
on a 0.52 acre site situated at 111 Chestnut Avenue, owned by Ng's Chestnut LLC, based on
public testimony and the materials submitted to the City Council of the City of South San
Francisco which include, but are not limited to, Architectural and Landscape Plans, dated
September 2007, prepared by Best Designs and Construction Company; September 20, 2007
Planning Commission staff report; September 20, 2007 Planning Commission meeting; October
10, 2007 City council Staff Report; and the October 10, 2007 City Council meeting;
1. The project is consistent with the provisions of the City's General Plan that
support residential development, and specifically with the Housing Element that supports
provision of additional market rate and affordable housing in the community to meet on-
going demand. The proposed density of 15.39 units per acre for the 0.52 acres to be
developed with dwellings is well within the overall density of 37.5 units per acre for the
High Density Residential category provided in the City's General Plan.
2. The 0.52 acre site is physically suited for the proposed townhouse subdivision.
3. The development will create a residential environment of sustained desirability
and stability and will result in an intensity ofland use similar to adjacent multi-family
and single-family neighborhoods. The proposed density of 15.39 units per acre and the
general style and quality of the new residences and site improvements is substantially
similar to or superior to recently approved subdivisions in the City.
5. A Mitigated Negative Declaration was previously adopted by the City Council on
July 13,2005 in accordance with the provisions of the California Environmental Quality
Act (CEQA). The Mitigated Negative Declaration No.02-0020 identifies a couple of
potential adverse impacts attributable to the development of eight (8) new residences. The
impacts can be reduced to a less than significant level through the implementation of
mitigation measures. A mitigation monitoring program is established to ensure that
impacts are reduced to a less than significant level. Mitigation measures including a
mitigation monitoring program have been incorporated into the project or made
conditions of approval which will reduce identified impacts to a less than a significant
level.
6. The Subdivision of the 0.52 acre lot and the Exceptions of smaller lot sizes and
lots not fronting on a public right-of-way allowing the development of eight (8) dwellings
and common area will not be adverse to the public health, safety, or general welfare of
the community, nor unreasonably detrimental to surrounding properties or improvements.
The use is compatible with the existing neighboring residential uses. Site improvements
including the provision of upgrades to the public infrastructure, and landscaping of all of
the yards of each new lot and common area will reduce potential adverse impacts to the
public infrastructure, circulation conflicts and provide a streets cape that is comparable to
the surrounding neighborhoods.
7. The eight (8) new dwellings and site landscaping comply with the City's Design
Guidelines.
8. The residences comply with the requirements of South San Francisco Municipal
Code Title 20 Zoning Regulations. The design and improvements are not in conflict with
any known existing public easements.
9. Therefore, on the basis of (a) the foregoing Recitals which are incorporated
herein, (b) the City of South San Francisco's General Plan, (c) the Mitigated Negative
Declaration, (d) the Staff Report, and on the basis of the specific conclusions set forth
below, the City Council finds and determines that the Three (3) Month Time Extension is
necessary to allow the development to proceed and is consistent with the objectives,
policies, general land uses and programs specified and contained in the City's General
Plan in that (a) the General Plan designation for the site is High Density Residential and
the proposed subdivision and townhouse development is consistent with those land use
designations, (b) the project is consistent with the fiscal policies of the General Plan with
respect to provision of public infrastructure and services, and housing.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS
FOLLOWS:
Approve the Three (3) Month Time Extension of a Residential Planned Unit
Development Permit 02-0020, Tentative Subdivision Map 02-0020, and Design Review 02-0020
subject to the Conditions of Approval contained in Exhibit A.
BE IT FURTHER RESOLVED that the Resolution shall become effective immediately
upon its passage and adoption.
*
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*
*
*
*
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at the regular meeting held on the day
of , 2007 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Attest:
City Clerk
EXHffiIT #A
Draft Condition of Approval
Prior to the expiration of the Three Month Time Extension, the owner shall submit for
Planning Commission review a Tentative Subdivision Map that provides for eight lots
and a separate lot defining the common area including the shared driveway, visitor
parking spaces, the two recreation areas and the front yard along Chestnut Avenue. At
the same time the owner shall file a Planning Application for a Time Extension for the
Tentative Subdivision Map for up to the remainder of the requested extension of 12
months from the date of the original two year approval (July 21,2007).
RESOLUTION NO. 2665-2007
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SOUTH SAN FRANCISCO RECOMMENDING THAT THE SOUTH SAN
FRANCISCO CITY COUNCIL APPROVE A THREE (3) MONTH TIME
EXTENSION NO. PCA 07-0002 OF A RESIDENTIAL PLANNED UNIT
DEVELOPMENT, TENTATIVE SUBDIVISION MAP, AND DESIGN REVIEW
ON AN 0.52 ACRE SITE SITUATED AT 111 CHESTNUT AVENUE.
WHEREAS, the South San Francisco Planning Commission held duly noticed public hearing on
September 20,2007;
WHEREAS, as required by the SSFMC Title 20 (Zoning Regulations) and SSFMC Title 19
(Subdivision Ordinance), the Planning Commission makes the following findings in support of three (3)
Month Time Extension of a Residential Plmmed Unit Development, Tentative Subdivision Map, and
Design Review on a 0.52 acre site situated at 111 Chestnut Avenue, owned by Ng's Chestnut LLC,
based on public testimony and the materials submitted to the City of South San Francisco Planning
Commission which include, but are not limited to a Housing Agreement dated November 22,2005;
Architectural and Landscape Plans, dated September 2007, prepared by Best Designs and Construction
Company; September 20, 2007 Planning Commission staff report; and the September 20, 2007 Planning
Commission meeting.
1. The project is consistent with the provisions of the City's General Plan that support
residential development, and specifically with the Housing Element that supports
provision of additional market rate and affordable housing in the community to meet on-
going demand. The proposed density of 15.39 units per acre for the 0.52 acres to be
developed with dwellings is well within the overall density of 37.5 units per acre for the
High Density Residential category provided in the City's General Plan.
2. The 0.52 acre site is physically suited for the proposed townhouse subdivision.
3. The development will create a residential environment of sustained desirability and
stability and will result in an intensity of land use similar to adjacent multi-family and
single-family neighborhoods. The proposed density of 15.39 units per acre and the
general style and quality of the new residences and site improvements is substantially
similar to or superior to recently approved subdivisions in the City.
5. A Mitigated Negative Declaration was previously adopted by the City Council on July 13,
2005 in accordm1ce with the provisions of the California Enviromnental Quality Act
(CEQA). The Mitigated Negative Declaration No.02-0020 identifies a couple of potential
adverse impacts attributable to the development of eight (8) new residences. The impacts
can be reduced to a less than significant level through the implementation of mitigation
measures. A mitigation monitoring program is established to ensure that impacts are
reduced to a less than significant level. Mitigation measures including a mitigation
monitoring program have been incorporated into the project or made conditions of
approval which will reduce identified impacts to a less than a significant level.
6. The Subdivision of the 0.52 acre lot allowing the development of eight (8) townhouses
and common area will not be adverse to the public health, safety, or general welfare of the
community, nor unreasonably detrimental to surrounding propeliies or improvements.
The use is compatible with the existing neighboring residential uses. Site improvements
including the provision of upgrades to the public infrastructure, and landscaping of all of
the yards of each new lot and common area will reduce potential adverse impacts to the
public infrastructure, circulation conflicts and provide a streetscape that is comparable to
the surrounding neighborhoods.
7. The eight (8) new town houses and site landscaping comply with the City's Design
Guidelines.
8. The residences comply with the requirements of South San Francisco Municipal Code
Title 20 Zoning Regulations. The design and improvements are not in conflict with any
known existing public easements.
9. Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the
City of South San Francisco's General Plan, (c) the Mitigated Negative Declaration, (d)
the Staff Report, and on the basis of the specific conclusions set forth below, the Planning
Commission finds and determines that the Time Extension is necessary to allow the
development to proceed and is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan in that (a) the General
Plan designation for the site is High Density Residential and the proposed subdivision
and townhouse development is consistent with those land use designations, (b) the project
is consistent with the fiscal policies of the General Plan with respect to provision of
public infrastructure and services, and housing.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends
that the South San Francisco City Council approve the Time Extension of Residential Planned Unit
Development 02-0020, Tentative Subdivision Map 02-0020, Design Review 02-0020 subject to the
Conditions of Approval contained in Exhibit B.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its
passage and adoption.
*
*
*
*
*
*
*
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of
South San Francisco at the regular meeting held on the 20th day of September 2007 by the following
vote:
AYES:
Commissioner Honan, Commissioner Moore, Commissioner Sim, Commissioner Zemke,
Vice Chairperson Giusti and Chairperson Prouty
NOES:
Commissioner Teglia
ABSTAIN:
ABSENT:
Attest: /s/SUSy Kalkin
Susy Kalkin
Secretary to the Planning Commission
CONDITIONS OF APPROVAL
111 CHESTNUT TOWNHOUSES
MND, SA, PUD & DR 02-0020
(As Approved by the City Council on July 13,2005)
A. PLANNING DIVISION:
1. The applicant shall comply with the City's Standard Conditions and with
all the requirements of all affected City Divisions and Departments as
contained in the attached conditions, except as amended by the conditions
of approval.
2. The construction drawings shall substantially comply with the Planning
Commission approved plans, as amended by the conditions of approval
including the Architectural and Landscape Plans, prepared by KDA
Architecture Inc., dated March 1, 2005, Civil Engineering, Grading and
Drainage, and Tentative Subdivision Map plans prepared by GL+A Civil
Engineers & Land Surveyors, submitted in association with P02-0020.
3. The landscape plan shall include mature shrubs and trees. Shrubs shall be
a minimum size of 15 gallons, trees shall have a minimum size of 24 inch
box and 15% of the total number of proposed trees shall have a minimum
size of 36 inch box. The landscape plan shall be subject to the review and
approval by the City's Chief Planner.
4. Prior to the issuance of any Building Permit, the Final Subdivision Map
shall be subject to the review and approval by the City Engineer. The Final
CC&Rs shall be subject to the review and approval by the City's Chief
Planner, City Engineer and City Attorney. Both the Final Subdivision Map
and CC&Rs shall be recorded with the San Mateo County Recorder's
Office prior to the issuance of any Building Permit.
5. Prior to the final occupancy for each dwelling, the owner shall pay the
child care impact fee in effect at the time as required by SSFMC Chapter
20.115 for the associated dwelling unit. The current fee per dwelling is
$1,630.00. The total fee for all the dwellings is estimated to be $13,040.00
(8 dwellings x $1,630.00/unit = $13,040.00).
6. Prior to the issuance of any building permit the owner shall implement the
provisions of the Affordable Housing Agreement. The implementation
plan shall be subject to the review an approval of the City's Housing
Division Manager.
7. The applicant shall comply with all mitigation measures and the
Mitigation Monitoring Program associated with Mitigated Negative
Declaration 01-012.
8. Prior to the final inspection of each dwelling in accordance with SSFMC
Chapter 19.24, the owner shall pay the City fee in-lieu of park land
dedication. The fee is based on the formula contained in SSFMC Chapter
19.24 and cannot be estimated at this time without the market value being
known [(Dwelling) x (Population/DU) x (3 acres/1,000 population) x (Fair
Market Value/Buildable Acre) = ($ Subtotal Fee) x (1.2) = $ Fee]. The
fees may be paid in a lump sum basis for the entire development. The fee
payment, schedule and determination of Fair Market Value shall be
subject to the review and approval of the City's Park and Recreation
Director.
9. Within six (6) months of the approval of P02-0020 the owner shall consult
with the adj acent property owners regarding the design of the perimeter
fence along the westerly property boundary. The fence design shall be
subject to the review by the Planning Commission.
10. The final construction plans shall include changing the roof pitch of the
building fa<(ade of the two units fronting on Chestnut Avenue up to a 4 in
12 pitch to help reduce the appearance of the upper story building mass.
(Planning Contact Person: Steve Carlson, Senior Planner, 650/877-8353, Fax
650/829-6639)
B. ENGINEERING DIVISION:
I. STANDARD CONDITIONS
The Developer shall comply with the Engineering Division's "Standard Subdivision
and Use Permit Conditions for Townhouse, Condominium and Apartment
Developments with Private Streets and Utilities", consisting of 8 pages. These
conditions are contained in the Engineering Division's "Standard Conditions for
Subdivisions and Private Developments" booklet, dated January 1998, (copies of
this booklet are available at no cost to the applicant from the Planning and
Engineering Divisions).
2. SPECIAL CONDITIONS
a. The existing downstream public drainage system has not been shown to have
sufficient excess capacity to accommodate the storm water runoff from the
fully improved Hillside Town homes Subdivision. In order to mitigate the
potential impact of the stonn water runoff from the improved site, the
Subdivider shall design and construct improvements that will retain the
subdivision's stonn water on site, so that it will not exceed the storm water
runoff from the site in its existing, unimproved, condition, during a 25-year
design storm.
b. The town house driveway aprons shall provide a minimum distance of 20
feet (which is the standard for single family detached homes in the
Municipal Code and is the standard discussed in the applicant's project
narrative dated October 17,2002), between the garage door and the back of
the sidewalk or street curb, as applicable, to permit the aprons to be used for
additional guest parking and temporary vehicle parking. Driveway aprons
shall have a maximum gradient of 12%, measured from the gutter flow line
or pavement surface to the garage slab.
c. The subdivider shall conform to the project's approved "Site Distance
Study" requirements for landscape, grading, fencing, buildings and any other
sightline obstructions along the frontage of Stonegate Drive, southeast of the
lower exit driveway. Provide calculations of stopping sight distance, which
account for the roadway grade.
d. The subdivision's common area infrastructure, including the roadway, sewer,
and drainage improvements, shall be owned and maintained by the
subdivision's homeowners association, not the City of South San Francisco.
The subdivision final map shall contain a statement that no improvements
within the boundaries ofthe subdivision are being dedicated to the City,
within the proposed utility or other easements shown on the fInal map.
e. The proposed yearly Homeowner's Association Budget shall be submitted to
the City Engineer for review and approval, as to the adequacy of the
estimated common area improvements and infrastructure maintenance and
capital improvement replacement and repair reserves.
f. In accordance with current City Ordinances and the Standard Conditions,
storm water pollution control devices and filters (such as a Stormcepter or
CDS unit) shall be installed within the site drainage outfall system from the
subdivision to prevent pollutants deposited within the site entering the public
drainage system and eventually San Francisco Bay. Plans for these filters
and anyon-site retention facilities shall be submitted to the Engineering
Division and the City's Environmental Compliance Coordinator for review
and approval.
g. The applicant shall relinquish vehicle access along Hillside Boulevard,
Stonegate Drive, and Ridgeview Court, except at the two interior driveway
intersections with public streets.
h. Owner on Tentative Map must match the owner listed in the title report.
3. OFF-SITE IMPROVMENTS
Various off-site improvements will be required to be constructed by the
subdivider, such as intersection conform modifications, sidewalk and curb and
gutter repairs and sewer, storm drain and utility connections and modifications
within Ridgeview Court. Prior to the City Council approving the final map for the
subject subdivision, the subdivider shall enter into a subdivision improvement
agreement to secure the installation of all off-site public improvements.
Alternately, the subdivider may obtain an encroachment permit from the
Engineering Division and post cash deposit to secure the performance and
payment of the work within the public street right-of-ways as shown on the
approved improvement plans, prior to filing the final map for approval by the City
Council.
4. INSPECTION
The Engineering Division provides limited inspection services for the construction
of the private streets and utilities within the subdivision, that are not inspected by the
City's Building Division or the developer's civil and geoteclmical engineers.
a. In order to compensate the City for our inspection costs, the developer shall
pay the hourly costs for services provided by the City's Construction
Inspection staff, on a time and materials basis, in connection with the
development of the subject subdivision improvements.
b. The inspection costs will be billed monthly. The Subdivider shall pay City
invoices within 30 days of their receipt and shall pay all outstanding charges
prior to receiving an Occupancy Permit for the homes.
5. TEMPORARY AND PERMANENT OCCUPANCY
The subdivider will likely request temporary occupancy of one or more homes to be
used as models. Also, the subdivision's pern1anent residents will probably want to
move into their homes before heavy construction within the project is complete.
Either request could result in the public and/or residents being impacted in various
health and safety ways by the construction activities.
a. Prior to receiving a temporary certificate of occupancy for a model home
within the subdivision, the developer shall submit for the City staff's review
and approval a plan that will address at a minimum, the following items:
I) All construction areas shall be completely fenced off from areas
accessible by the visiting public.
2) All areas subject to public travel shall be provided with adequate
street and area lighting meeting the Police Department's
requirements.
3) A parking and traffic safety plan shall be prepared and implemented.
4) Pavement, curb, gutter and sidewalks shall be provided within the
model home complex.
b. Prior to receiving permanent occupancy permits for the homes within the
subdivision, the developer shall submit for the City staffs review and
approval a plan that will address, at a minimum, the following items:
I) All construction areas shall be completely fenced off from the
portion of the site occupied by the new residents and subject to
public access.
2) All street lights within the occupied portion of the subdivision shall
be operational and lit.
3) All traffic signs and pavement markings within the portion of the site
accessible by the public shall be installed in accordance with the
approved plans.
4) All site improvements within areas subject to public access shall be
complete in accordance with the approved subdivision improvement,
grading, drainage and utility plans.
5) Hours of construction activities shall be limited to the hours of 8 a.m.
to 6 p.m., Monday through Friday (excluding holidays).
(Engineering Contact Person: Dennis Chuck, 650/829-6652)
C. POLICE DEPARTMENT:
I. Site Plan and Subdivision Map
a. The Police Department has no concerns with the subdivision
map.
b. On-site parking and circulation appear adequate and acceptable for
the project.
c. The applicant shall submit a list of proposed street names for the
project to be reviewed and approved by the Police Department
before filing of the parcel maps. City policy precludes the use of
street names that are duplicates or sound alike of existing streets or
names of living persons. Street names should be easy to
pronounce, contain no unconventional spelling, and be
unconfusing so that the public and the children, in particular, can
handle the names in an emergency situation. The use of El Rancho
Drive is permissible.
d. No fire lanes will be approved on site. The roadway system shall be
designed so that roadways are wide enough so fire lanes are not
necessary.
2. Municipal Code Compliance
a. The applicant shall comply with the provisions of Chapter 15.48 of the
Municipal Code, "Minimum Building Security Standards" Ordinance,
revised May 1995. The Police Department reserves the right to make
additional security and safety conditions, if necessary, upon receipt of
detailed/revised building plans.
b. The applicant shall assure that the requirements and restrictions on
construction noise (including deliveries, equipment warmup and
maintenance, etc.) prescribed in chapter 8.32 of the municipal code are
not violated by their own personnel or any subcontractors working on
the project.
3. Security and Safety Conditions
a. Security Planting
I) Landscaping shall of the type and situated in locations to
maximize observation while providing the desired degree of
aesthetics. Security planting materials are encouraged along
fence and propeliy lines and under vulnerable windows.
b. Doors
I) All exterior wood doors and doors leading from enclosed
garage areas shall be solid core with a minimum thickness of 1-
3/4".
2) Door framing shall comply with section 15.48.060A.l.h.;
details can be provided by the Building Inspector.
3) Main entrance doors, pedestrian garage exit doors, and doors
leading from enclosed garage areas into single-family
dwellings shall be secured with a single-cylinder deadbolt lock
with a minimum throw of one inch.
a) The locks into the residence shall be so constructed
that both deadbolt and deadlocking latch can be
retracted by a single action of the inside door knob.
(Garage exit doors and rear french doors may have
a regular deadbolt lock.)
b) Strike plates shall be secured to wooden jambs with
at least 2 inch wood screws.
4) Vision panels in exterior doors or within reach of the inside
activating device shall be of burglary-resistant glazing or
equivalent. I (This includes the fixed garage window adjacent
to the exit door and french door glazing panels within reach of
the locking device.)
5) Overhead garage doors shall be equipped with automatic
openers and shall not have bottom vents except those doors
having double louvered or shielded vents or approved alternate
devices to protect the locking mechanism.
c. Windows
1) Windows shall be constructed so that when the window is
locked, it cannot be lifted from the frame.
2) The sliding pOliion of a sliding glass window shall be on the
inside track.
3) Window locking devices shall be capable of withstanding a
force of 300 lbs. in any direction.
d. Numbering
1) A street number shall be displayed in a prominent location on
the street side of the residence in such a position that the
number is easily visible to approaching emergency vehicles.
a) The numerals shall be no less than four (4) inches in
height and shall be of a contrasting color to the background
to which they are attached.
b) The numerals shall be lighted at night.
2) The applicant shall submit a project addressing prior to
building permit application. Addresses should run in a
clockwise direction.
1 5/16" security laminate, y." polycarbonate or approved security film treatment, minimum.
e. Lighting
Each entry and exit door shall be equipped with a light source of
sufficient wattage to illuminate the door, porch, and stairway.
Area lights, switch controlled from inside the residence, are
encouraged to illuminate the rear and side yards.
f. Other
1) The developer/applicant shall enclose the entire perimeter of
the project with a chain link fence with necessary construction
gates to be locked after normal construction hours. A security
person shall be provided to patrol the project after normal
working hours during all phases of construction, and adequate
security lighting shall be provided to illuminate vulnerable
equipment and materials.
2) The applicant's voluntary installation of security alarm systems
as a standard amenity in all residential units constructed, is
encouraged on this project.
3) The applicant shall submit an addressing plan for the project to
be reviewed and approved by the Police Department. The
applicant shall indicate if the plan should be approved
considering principles of Feng Shui.
4) The applicant shall submit a phasing plan for the project to be
approved by the city as part of their first building permit
application. The phasing plan shall include detail on the
separation of construction activity from the use circulation and
occupancy of residential units and model units and sales office
activities.
(Police Department contact person: Sergeant E. Alan Normandy (650/877-8927)
D. FIRE DEPARTMENT:
I. All buildings shall be fire sprinklered for buildings with a height 3 stories or
more. Roof line extends past property line. Fire area for fire flow will be assessed
using Table IIIA of the Fire Area exceeding 3,600 sq ft. Describe common walls
at property lines.
(Fire Department contact person: Bryan Niswonger 650/829-6671)
E. WATER QUALITY CONTROL PLANT:
1. The onsite new catch basins are to be stenciled with the approved San Mateo
Countywide Stormwater Logo.
2. A plan showing the location of all storm drains and sanitary sewers must be
submitted and approved prior to issuance of a building permit.
3. Storm water pollution preventions devices are to be installed. A combination of
landscape based controls and manufactured controls are preferred. Existing catch
basins are to be retrofitted with catch basin inserts or equivalent. Specific plans
must be submitted and approved prior to the issuance of a building permit.
4. The applicant must submit a signed maintenance schedule for the stormwater
pollution prevention devices installed.
5. Roof condensate needs to be routed to sanitary sewer. This must be included in
approved plans.
6. Trash handling area must be covered and enclosed and must drain to sanitary
sewer. This must be included in approved plans.
7. Plans that include the location of the concrete wash out area and location ofthe
entrance/outlet of tire wash during construction must be submitted and approved prior to
the issuance of the building permit.
8. Show on the approved plans the approximate locations of areas subject to
inundation by storm water overflow, and the location, width and direction of flow
of all watercourses existing and proposed.
9. A grading and drainage plan that demonstrates adequate drainage on the property
must be submitted and approved prior to the issuance of a building permit.
10. An erosion control plan must be submitted and approved prior to issuance of a
building permit.
II. Applicant must pay sewer cOlmection fee of $1 ,514.00 per house, for a total of
$12,112.00.
(Water Quality Control contact person: Cassie Prudhel 650/877-8634)
DATE:
TO:
SUBJECT:
Planning Commission
Staff Report
September 20, 2007
Planning Commission
Time Extension of:
1. Tentative Subdivision Map allowing the subdivision creating
eight (8) parcels and common area in accordance with SSFMC
Title 19.
2. Exceptions from the SSFMC Title 19 allowing lots sizes less than
5,000 square feet and lots not fronting on a public right-of-way, in
accordance the SSFMC Title 19.
3. Planned Unit Development allowing lot sizes smaller than the
minimum requirement of 5,000 square feet and reduced minimum
required setbacks, and parking at a rate of 3 spaces per dwelling
unit instead of 4.25 spaces per dwelling unit, in accordance with
SSFMC Chapter 20.78.
4. Design Review allowing for the construction a two-story eight (8)
unit condominium development in accordance with SSFMC
Chapter 20.85.
Project Location: 111 Chestnut Avenue (APN 011-312-090) in the High
Density Residential (R-3-L) Zone District.
Codes: SSFMC Chapters 20.20,20.78,20.85,20.125 & Title 19.
Mitigated Negative Declaration: Previously adopted by the City Council
on July 21,2005
Affordable Housing Agreement requiring 2 units as affordable dwellings
previously adopted by the City Council on July 21,2005.
Owner and Applicant: Ng's Chestnut, LLC
Case No.: PCA07-0002 [P02-0020 (RZ02-0002, SA-02-0001, PUD02-
0002, AHA02-0001, DR02-0002 & ND02-0002)]
Staff Report
To: Planning Commission
Re: PCA07 -0002
September 20, 2007
Page 2 of6
RECOMMENDATION:
That the Planning Commission recommend that the City Council approve a Time
Extension of 1.) Tentative Subdivision Map allowing the subdivision creating eight (8)
parcels and common area, 2.) Exceptions from the SSFMC Title 19 allowing lots sizes less
than 5,000 square feet and lots not fronting on a public right-of-way, in accordance the
SSFMC Title 19, 3.) Residential Planned Unit Development Permit allowing lot sizes
smaller than the minimum requirement of 5,000 square feet and reduced minimum
required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces
per dwelling unit, and 4.) Design Review allowing for the construction a two-story eight
(8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312-090) in
the High Density (R-3-L) Zone District, subject to making the required imings and
adopting conditions of approval.
BACKGROUND/DISCDSSION:
The City Council approved the development at their meeting of July 21, 2005. The approvals
have expired and the owner has filed for a time extension. The South San Francisco Municipal
Code [SSFMC] provides that discretionary approvals are granted for a maximum of two years
from the effective decision date. If the owner does not receive a Building Permit and commence
construction soon thereafter, the approvals will expire. In accordance with the SSFMC an
extension may be granted by the City for up to a maximum of one year from the expiration date.
If an owner allows the one-year time extension to expire and obtains no Building Permits, no
further extensions are permitted and the owner is required to file a new planning application.
The owner's written request for a time extension is attached to this staff report. Because the
development involved a Tentative Subdivision Map with exceptions and a Planned Unit
Development, both the Planning Commission and the City Council approvals are required.
City staff is recommending a three month extension in order that the Tentative Subdivision Map
can be revised to reflect the original concept of creating eight individual lots [one lot per
dwelling] and a separate common lot containing the shared driveway, visitor parking spaces, the
two recreation areas and the front yard along Chestnut Avenue. The current map does not include
these features and would rely on multiple easements. In our experience this approach is not only
confusing, but will likely lead to potential ownership conflicts and maintenance issues. City staff
has met several times with the owner to review these concerns.
In staffs experience, three months is more than ample time to allow the project Civil Engineer to
Staff Report
To: Planning Commission
Re: PCA07 -0002
September 20,2007
Page 3 of6
prepare the Tentative Subdivision Map. The owner has also agreed to a condition of approval
that will require the owner request an additional extension for the remaining time to the approval
expiration on July 21, 2008. This condition will allow a review of the revised map by both the
Planning Commission and City Council. This will assure that the Tentative Subdivision Map and
the Final Subdivision Maps are consistent with the City's intent to encourage and facilitate a
sense of community through shared responsibilities and obligations, neighborliness and reduction
of potential ownership and use conflicts.
Project Overview
The 0.523 acre site was historically used as a single-family dwelling, but has been vacant for the
last couple of years [the former one-story Victorian cottage style dwelling having been
demolished]. The site is adjacent to other dwellings including multi-family apartments,
condominiums, town homes and more traditional single family dwellings.
The development includes the construction of eight two to three-story residential condominiums.
Seven of dwellings will include 3 bedrooms and only one dwelling will provide 2 bedrooms.
Parking will be provided on-site in individual unit garages [two garage spaces per dwelling] and
eight open at-grade visitor parking spaces. The site will be landscaped and will include a
combination of private and public recreation spaces - including decks attached to the units and
both private and common yards.
The development was required to enter into an Affordable Hosing Agreement [AHA] with the
City and provide 2 affordable dwellings to qualified households [SSFMC Chapter 20. 125
requires a minimum of 20% of the total number of dwellings of residential developments with 4
or more units J. In accordance with the AHA, the owner purchased and rehabilitated two off-site
dwellings and has transferred ownership of the dwellings to Mid-Peninsula Housing a non-profit
housing agency to lease the units as affordable units. Because the AHA is an active agreement,
the Planning Commission need take no action.
The project site's General Plan land use designation, High Density Residential, allows multi-unit
development. The project complies with the General Plan goals and policies.
As part of the original approval, the site was rezoned from Medium Density Residential (R-2-H)
to Multi-Family Residential (R-3-L) Zone District. The development is consistent with the R-3-L
Zoning. Because the Rezoning has occurred and is reflected on the SSF Zoning Map, no action is
required by the City.
Staff Report
To: Planning Commission
Re: PCA07 -0002
September 20, 2007
Page 4 of6
ENTITLEMENTS
The Residential Planned Unit Development Permit involves exceptions from lot area, setbacks
and lot coverage allowing the dwellings to be constructed on individual lots. The common area
will include the shared driveway, visitor parking spaces, the two recreation areas, and the front
yards adj acent to Chestnut Avenue.
A Tentative Subdivision Map is proposed to divide the lot into eight (8) lots and common area.
Exceptions are requested from the City Subdivision requirements associated with the Residential
Planned Unit Development Permit exceptions.
The project includes two affordable dwelling units in accordance with the provisions of SSFMC
Chapter 20.125. The time extension of the Mfordable Housing Agreement will also require
approval by the City.
DEVELOPMENT STANDARDS
The approved development complies with the SSFMC standards as displayed in Exhibit #A.
The development involves reductions in the required side and rear setbacks for the individual lots
_ although the overall development generally complies with the minimum setbacks required for a
multifamily building - in this regard the front yard and side yards comply and the rear yard comes
close to the minimum requirement of an 11.5 foot setback. Dwellings will be provided with
private yards and balconies and the two play areas shared in common.
Lot sizes are reduced in order that the town homes may be constructed on separate lots and sold
separately. The common areas will be maintained by the homeowner's association established for
the development.
A total of24 parking spaces will be provided, including eight open at-grade visitor spaces.
FENCE
In response to a concern raised by the adjacent property owner, a condition of approval was
required to ensure that the fence between the development and the neighbors on the shared
westerly property boundary was designed to be aesthetically compatible with the approved
architecture and of adequate height to reduce the privacy impacts on the adjacent properties. In
accordance with the conditions of approval, the owner has met with the affected neighbors and is
designing a fence to meet their concerns. The condition of approval further provides that no
Grading Permit or Building Permit may be issued until the fence issue has been resolved.
Staff Report
To: Planning Commission
Re: PCA07 -0002
September 20, 2007
Page 5 of6
ENVIRONMENTAL DOCUMENT
City staff prepared and circulated for public comment a Mitigated Negative Declaration for a
period of twenty (20) days from April 4 to April 23, 2003, in accordance with the California
Environmental Quality Act. No substantive comments were received. The environmental
document identified a couple of potential impacts including storm water runoff and construction
activities. Mitigation measures are proposed to reduce the identified impacts to less than a
significant level. The Mitigated Negative Declaration with Mitigation Measures was adopted by
the City Council on July 2005. Both documents are judged by City staffto adequately address
environmental concerns associated with the proposed development. Therefore, no action is
required by the Planning Commission regarding the environmental document.
CONCLUSION:
The Time Extension allowing the construction of an eight (8) dwellings is consistent with the
City's General Plan and will help in meeting the City's Housing goals and objectives. The
development meets the applicable requirements of the City's Zoning and Subdivision
Ordinances. Design revisions were required by both the Planning Commission and the City
Council to ensure that the new dwellings are compatible with the immediate development
vicinity. Conditions of approval will require that the development meets is constructed in
accordance with the approved plans, and that the westerly property boundary fence meets the
approval of the adjacent property owner. Therefore, the Planning Commission should
recommend that the City Council approve 1.) Tentative Subdivision Map allowing the
subdivision creating eight (8) parcels and common area, 2.) Exceptions from the SSFMC Title 19
allowing lots sizes less than 5,000 square feet and lots not fronting on a public right-of-way, 3.)
Residential Planned Unit Development Permit allowing lot sizes smaller than the minimum
requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate
of3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, and 4.) Design Review
allowing for the construction a two-story eight (8) unit condominium development.
~~~~
C Ste ar son, Semor lanne ----
Attachments:
Exhibit #A
Approved Conditions of Approval
Draft Planning Commission Resolution
Staff Report
To: Planning Commission
Re: PCA07 -0002
September 20, 2007
Page 6 of6
City Council
Staff Report
July 13,2005
Affordable Housing Agreement
Plans
July 3, 2007
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YOLANDA MANZONE
ATTORNEY AT LAW
R~PL Y TO SAN FRANCISCO
;:-M.AIL ymom:one@r,onsonbridgett.com
DEPT.
City of South San Francisco Planning Commission
c/o Planning Division
315 Maple Avenue - P.O. Box 711
South San Francisco, CA 94080
Re: III Chestnut Avenue - Permit Extension
DU:lJ flh.1Jli~ug COlilinis;;;;'cn:
This is a courtesy letter to inform you that we will be seeking an extension for all applicable
permits /project entitlements on 111 Chestnut Avenue. Project entitlements for III Chestnut
Avenue were approved by the City Counsel on July 21, 2005 and are valid for two years.
Pursuant to section 20.85.090 of the Zoning Code, an additional year extension may be granted
by the City's Chief Planner, Planning Commission or by the City CounseL This is to contirrrl
our intent to seek such an extension.
Thank Y(lU for your time and consideration in this matter. \Vi;; look fOf\vard to working v,.ith :VCIU.
Sincer>>!y,
cc: Steve Carlson, Senior Planner
}~~'~'r;?.r0 Har-m.cl1:- -cr:gln.~~~:ing Df..r~~.
LAW OFFICES
WWWHANSONBRIDGETT.COM
SAN FRANCISCO
NORTH BAY
SACRAMENTO
425 MARKET STREET
26~ FLOOR
SAN FRANCISCO. CALIFORNIA 94105
TELEPHONE 415.777.3200
FACSIMILE 415.541.9366
WOOD ISLAND
80 E. SIR FRANCIS DRAKE 8LVD..SUITE 3E
LARKSPUR. CALIFORNIA 94939
TELEPHONE 415.925.8400
FACSIMILE 415.925.8409
980 NINTH STREET
SUITE 1500
SACRAMENTO. CALIFORNIA 95814
TELEPHONE 916.442.3333
FACSIMILE 916.442.2348
[email protected][email protected][email protected]
1330330 I
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AGENDA ITEM # 10
DATE: October 10,2007
TO: The Honorable Mayor and City Council
FROM: Marty Van Duyn, Assistant City Manager
By: Brian F. Crossman, Attorney
SUBJECT: AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO MAKING FINDINGS AND ESTABLISHING A
MORATORIUM ON THE APPROVAL OF DISCRETIONARY LAND USE
ENTITLEMENTS FOR SPECIFIED PARCELS IN THE ORANGE PARK
SUB-AREA, PENDING COMPLETION OF A SPECIFIC PLAN
RECOMMENDATION:
It is recommended that the City Council waive reading and adopt an urgency ordinance making
fmdings and establishing a moratorium on the approval of discretionary land use entitlements for
specified parcels in the Orange Park sub-area, pending completion of a specific plan.
BACKGROUND/DISCUSSION:
Staffhas prepared an urgency ordinance to facilitate development and implementation of a specific plan
for certain parcels to be purchased from the San Francisco Public Utilities Commission (SFPUC), located
northwest of Chestnut Avenue, between El Camino Real and Mission Road. If adopted, this urgency
ordinance will establish a temporary moratorium on approvals of discretionary land use entitlements
within the defmed "Moratorium Area," pending completion of the specific plan.
URGENCY ORDINANCE:
As the City Council is aware, staff has been negotiating the purchase of eight parcels, currently owned by
the SFPUC, for approximately five years. Pursuant to these negotiations, $21 million dollars had been
committed to the acquisition of the parcels, and the City has now entered into a purchase agreement with
the SFPUC. The sale of the parcels is expected to close in the near future. Once the parcels have been
acquired, staff intends to combine the lots and develop a comprehensive land use plan for the property. To
this end, staff is preparing a request for proposals for development of a specific plan for the property, and
expects to issue the RFP next month.
1018982.1
Staff Report
Subject: Urgency Ordinance Establishing a Moratorium
October 10, 2007
Page 2
Pending completion of the specific plan, it is important that activities and land uses that would frustrate
the City's ability to implement specific plan strategies and policies, not be initiated within the area to be
addressed by the specific plan. Initiation of such uses would impede the City's efforts to establish
comprehensive and cohesive planning strategies for the property, and would prevent the City from being
able to effectively address economic blight in the area. Accordingly, approval of entitlements for such
uses presents a current and immediate threat to the public health, safety, and welfare.
Therefore, staff recommends adoption of a moratorium. As proposed in the attached urgency ordinance,
this moratorium would temporarily prohibit discretionary land use approvals, including approvals for uses
that would require use permits, variances, subdivisions, planned use developments, and zoning
amendments. Specifically, those uses identified in Municipal Code section 20.24.025 through 20.24.070
for the Planned Commercial district would be prohibited. Additionally, those uses described in 20.27.030
and identified as requiring a use permit for the Transit Village Residential Medium Density district, would
also be prohibited. Existing uses and those uses that may be approved without discretionary review would
be allowed to continue in the area during the moratorium. Prohibited uses may be initiated outside of the
Moratorium Area, including in other areas that are zoned Planned Commercial and Transit Village
Residential Medium Density. Staff believes that adequate sites are available within the City to
accommodate all such uses. The rationale for the distinction is that uses that do not require discretionary
review are less likely to conflict with the planning goals and policies that will be established in the
forthcoming specific plan. As the City is close to closing sale on the SFPUC property, and adopting a
specific plan for the area, it is reasonable to temporarily prohibit those uses which may defeat the
objectives of the specific plan.
ADOPTION OF URGENCY ORDINANCE:
Pursuant to Government Code Section 65858, the City may establish a 45-day moratorium, prohibiting
any uses that may be in conflict with a contemplated zoning proposal that the legislative body or the
planning department is considering or studying or intends to study within a reasonable time. Moratoriums
may be extended for up to 22 additional months provided that a current and immediate threat to the public
safety, health and welfare still exists.
The proposed urgency ordinance may only adopted by a four-fifths vote of the City Council.
c5bMCCLagcr
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Enclosure:
Urgency Ordinance Establishing A Moratorium
1018982.1
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF
SOUTH SAN FRANCISCO MAKING FINDINGS AND
ESTABLISHING A MORATORIUM ON THE
APPROVAL OF DISCRETIONARY LAND USE
ENTITLEMENTS FOR SPECIFIED PARCELS IN THE
ORANGE PARK. SUB-AREA, PENDING COMPLETION
OF A SPECIFIC PLAN
WHEREAS, since at least 1994, the City of South San Francisco has been
working to develop comprehensive and cohesive planning strategies and policies for the
general area northwest of Chestnut Avenue, between EI Camino Real and Mission Road,
as diagramed on the attached Exhibit A ("Moratorium Area"), located in the City's
Orange Park sub-area; and,
WHEREAS, the City is now preparing to adopt a specific plan to establish
strategies and policies for the Moratorium Area, and has already spent considerable staff
time and financial resources towards developing this plan; and,
WHEREAS, since 2002, staff has been negotiating with the San Francisco Public
Utilities Commission for the purchase of eight parcels located within the Moratorium
Area, as identified in Exhibit A; and,
WHEREAS, pursuant to these negotiations, the City has executed a purchase
agreement, committed $21 million to the acquisition of the parcels, and expects to close
on the sale in the near future; and,
WHEREAS, the City has spent $50,000 to retain the services of Rick Williams, of
the firm VanMeter Williams Pollack, to assist with developing a planning strategy for
the Moratorium Area; and,
WHEREAS, staff is preparing and expects to issue in November 2007, a request
for proposals to develop a specific plan applicable to the Moratorium Area; and,
WHEREAS, a specific plan applicable to the Moratorium Area would
systematically implement the City's General Plan policies, define appropriate land uses,
and establish development standards in the Moratorium Area; and,
WHEREAS, the majority of the Moratorium Area is located within the City's EI
Camino Corridor Redevelopment Area; and,
WHEREAS, portions of the Moratorium Area have been characterized by
economic blight, due to the fact that construction of the near-by BART station
substantially limited economic development of much of the property; and
WHEREAS, now that the BART construction has finished, the City has an
opportunity to address the property's economic blight through the adoption of a specific
plan applicable to the Moratorium Area; and,
WHEREAS, the majority of the Moratorium Area is zoned Planned Commercial
(P-C), and a small area in the northern portion is zoned Transit Village Residential,
Medium Density (TV -RM); and,
WHEREAS, Municipal Code chapters 20.24 and 20.27 establish standards and
permissible uses within the Planned Commercial and Transit Village zoning districts,
respectively; and,
WHEREAS, these Municipal Code chapters also identify uses that require
discretionary review and approval; and,
WHEREAS, permissible land uses in the Moratorium Area that do not require
discretionary review or approval under the City's Municipal Code, have, by nature of the
fact that they require no discretionary review, been determined to be appropriate uses for
their respective zoning districts, and sufficiently compatible with surrounding land uses;
and,
WHEREAS, land uses that require discretionary review and approval in the
Moratorium Area, including without limitation conditional use permits, variances,
subdivisions, planned unit developments, and zoning amendments ("Moratorium
Prohibited Uses," or "Prohibited Uses"), have, by nature of the fact that they require such
discretionary review, been determined to potentially create conflicts with surrounding
land uses, or to only be compatible with surrounding land uses to the extent that
conditions can be imposed on the proposed use; and,
WHEREAS, the City Council finds that because land uses requiring discretionary
review and approval present a greater potential for conflict with existing and surrounding
uses for the Moratorium Area, temporarily prohibiting these uses in the Moratorium
Area, pending completion of a specific plan for the area, will help prevent future land use
conflicts in the Moratorium Area; and,
WHEREAS, the City Council finds that the prevention of land use conflicts in the
Moratorium Area is an issue concerning the public health, safety, and welfare; and,
WHEREAS, the City Council finds that initiation of such Moratorium Prohibited
Uses in the Moratorium Area, would frustrate the City's efforts to establish and
implement a comprehensive and cohesive planning strategy for the Moratorium Area;
and,
WHEREAS, the City Council fmds that a temporary stabilization of activities and
land uses within the Moratorium Area is critical to the City's ability to successfully
implement its immediate and long term planning and land use goals for the Moratorium
Area; and,
WHEREAS, if adopted, this Moratorium would not prohibit continuation of any
existing use in the Moratorium Area, or prohibit any use that is permitted in the
Moratorium Area without the need for discretionary review, as detailed in Municipal
Code sections 20.24.020 and 20.27.030; and,
WHEREAS, if adopted, this Moratorium would prohibit discretionary land use
approvals for the Moratorium Area, including approvals for those land uses requiring use
permits, as detailed in Municipal Code sections 20.24.025 through 20.24.070, and section
20.27.030; and,
WHEREAS, the City Council finds that the initiation of the Moratorium
Prohibited Uses in the Moratorium Area would pose a current and immediate threat to the
public health, safety, and welfare, as the Prohibited Uses would conflict with potential
planning goals and policies to be established in the forthcoming specific plan, and could
result in continued economic blight in the Moratorium Area; and,
WHEREAS, areas outside of the Moratorium Area are zoned Planned
Commercial and Transit Village Residential, Medium Density; and,
WHEREAS, all of the Prohibited Uses are permitted or conditionally permitted in
other areas of the City, including but not limited to areas that are zoned Planned
Commercial and Transit Village Residential, Medium Density; and,
WHEREAS, the City Council therefore finds that adequate opportunities for
development of the Moratorium Prohibited Uses exist throughout the City, beyond the
Moratorium Area boundaries; and,
WHEREAS, implementing this Moratorium, pending completion of a specific
plan for the Moratorium Area would be consistent with General Plan guiding policy 3.7-
G-1: Maintain the location and distribution of uses in the Orange Park neighborhood while
undertaking specific programs to improve smaller deteriorated areas.
NOW THEREFORE, the City Council of the City of South San Francisco
does hereby ORDAIN as follows, adopted as an interim ordinance, under the
provisions of California Government Code section 65858:
(1) Incorporation of Recitals. The City Council finds that all Recitals are
true and correct and are incorporated herein by reference.
(2) Moratorium Imposed. From and after the date of this ordinance, no
discretionary land use approvals, including but not limited to conditional use permits,
variances, subdivisions, planned unit developments, and zoning amendments, shall be
approved for any property within the Moratorium Area. Under the moratorium, existing
land uses, and those land uses permitted in the Moratorium Area without any requirement
for discretionary review and approval under the Zoning Ordinance, Subdivision
Ordinance, or any other section of the Municipal Code, may operate in the Moratorium
Area.
(3) Authority; Urgency Statement. This ordinance is an interim ordinance,
adopted as an urgency measure pursuant to Government Code section 65858 and is for
the immediate and long-term preservation of the public peace, health, and welfare. The
facts constituting the urgency are these: The City is currently, and has been for many
years, in the process of developing a specific plan for certain parcels in the Orange Park
sub-area. Land uses in the Moratorium Area that require discretionary review, are likely
to conflict with the City's long term planning goals and policies for the area, as
established in the forthcoming specific plan. Initiation of these types of uses in the
Moratorium Area would frustrate the City's efforts to establish comprehensive and
cohesive planning strategies for the property. It would also prevent the City from
effectively addressing economic blight in the area, in furtherance ofthe City's
Redevelopment Plan. It would be destructive to the goals of the proposed specific plan if,
during the period that the specific plan is being studied and is the subject of public
hearings, parties seeking to evade the operation of the specific plan were permitted to
operate in a manner that might defeat in whole or in part the ultimate objective of the
specific plan. Accordingly, approval of entitlements for such uses presents a current and
immediate threat to the public health, safety, and welfare.
(4) Compliance with California Environmental Quality Act (CEQA). This
ordinance is not a "project" within the meaning of section 15378 of the State CEQA
Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable
indirect physical change in the environment; it temporarily prevents certain physical
changes in the environment pending completion of the City's planning for the
Moratorium Area. Furthermore, this urgency ordinance is categorically exempt from
CEQA under Guidelines section 15308 because it is a regulatory action taken by the City,
in accordance with Government Code section 65858, to assure maintenance and
protection of the environment pending completion of the City's planning for the
Moratorium Area.
(5) Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the ordinance, including
the application of such part or provision to other persons or circumstances, shall not be
affected thereby, and shall continue in full force and effect. To this end, provisions of this
ordinance are severable. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that anyone or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
(6) Effective Date. This ordinance shall become effective immediately upon
adoption, if adopted by at least four-fifths vote of the City Council, and shall be in effect
for forty-five (45) days from the date of adoption, unless extended by the City Council as
provided for in Government Code section 65858.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting
ofthe City Council held the _ day of , 2007, by the following vote:.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this _ day of , 2007.
Richard Garbarino, Mayor
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