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HomeMy WebLinkAbout2007-10-10 e-packet 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 - ~'t\l S,4N &'~~,\ ~ - ~~\ o n >0 ..... '"" rI:l .... ('") u 0 C:4lIFO'P-~\~ 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 RR/sb/dc/rc ~'t\i ~ s C n l-< ~ ~ n v <::> ~~~~ Staff Report 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. * * * * * 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. - ~'\.ll S~ S o '"' >- r;; \j g C4lIFO-p.i-\.~ 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. 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'" 5 '" g ~ w-:J ~:~t-;. ~...l 7,: ~~:~ ~'~~ '~8 88CJ o~t; :o::~.w ~'!i:~' ~~_,016 ~l~ iJi,o'; ~:'~:~ woo if\>_b.:.._a. ~ " l!; _I ~ ~ P< Ig ~-~ ~~ ~::m ~,ffi ~ *10,.... ~[- o@~ 8: 1 ! . Iii ! 1 ~ - ~'t\\ s~ &' ~ . ~~\ (~ ~) "~~~o Staff Report 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 - ~'t\\ S&\' . (0 n l>-< r;; ~ <") v 0 C4l1FOp..~\.~ 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 - G.~ >- .....\ ~ ~J v c ~l~ Staff Report 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. * * * * * * * 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 DTi" ""i;;",I"'~TE A~"..,fr21J 'f D Blli r' ,m " JUt 'I:" '007 -.. fJi" .J l. . p~ Ai it)', .lL#_ Jf...l ~~. HRnson BRIDGETT m~~~~~ ~l~~~~ ~~~~.llr 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 - ~'t\\ 5:4# 1-=1 ~ . :.~, <:) ('l. >- ...:\ ~ ~I u <:) ~l~. Staff Report 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 BFC:agr 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. 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