HomeMy WebLinkAboutOrd. 1422-2010ORDINANCE NO. 1422-2010
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTERS 20.57 AND 20.120 OF
THE SOUTH SAN FRANCISCO MUNII~IPAL CODE', TO
FACILITATE IMPLEMENTATION OF THE GATEWAY
BUSINESS PARK MASTER PLAN, ON AN .?APPROXIMATELY
22.6-ACRE SITE LOCATED AT 700, 750, f300, 850, 900, AND
1000 GATEWAY BOULEVARD IN THE GATEWAY SPECIFIC
PLAN DISTRICT
WHEREAS, Chamberlin Associates ("Owner" or `'`Applicant") submitted an application
requesting approval a General Plan Amendment, Zoning Texa ~~mendment, a Master Plan, a Phase 1
Precise Plan, a preliminary Transportation Demand ManagemE~nt (TDM) Plan, and a Development
Agreement, which would collectively authorize the phased- rc;moval and replacement of existing
buildings on the 22.6-acre project site and construction of five to six new buildings, six stories in
height, and two to four parking structures, in five phases fr~orn 2011 to 2020, to be located at the
corner of Gateway and Oyster Point Boulevards (700, 750, 800, 850, 900, and 1000 Gateway
Boulevard), in the Gateway Redevelopment Project Area and Gateway Specific Plan Area ("Gateway
Business Park Master Plan Project" or "Project"); and
WHEREAS, the City has prepared and the City Council has certified an Environmental
Impact Report (EIR) in accordance with the provision of the California Environmental Quality Act
(Public Resources Code, §§ 21000, et seq., "CEQA") and C1=;QA Guidelines, which analyzes the
potential environmental impacts of the Project; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on January 21,
2010, to consider the EIR and the requested entitlements for the Project, take public testimony, and
make a recommendation to the City Council on the Project;. a:nd,
WHEREAS, by resolution, the Planning Commission unanimously recommended that the
South San Francisco City Council certify the EIR and amend the Chapters 20. 57 and 20.120 of the
Municipal Code in accordance with this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the South San Francisco City Council as
follows:
SECTION 1 FINDINGS.
Based on the entirety of the record before it, which inclLidc;s without limitation, the California
Environmental Quality Act, Public Resources Code § 21 f100, et seq. ("CEQA") and the CEQA
Guidelines, 14 California Code of Regulations § 15000, et se,q.; the South San Francisco General
Plan and General Plan EIR; the South San Francisco Municipal Code; the Project applications; the
Gateway Business Park Master Plan and Phase 1 Precise Plan, as prepared by DGA Architects,
Kenkay Associates, BKF Engineers, Surveyors, Planners; the EIR, including the Draft and Final EIR
prepared for the Gateway Business Park Master Plan and appendices thereto; all site plans, and all
reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed
November 19, 2009, and January 21, 2010, meetings; and all ;>itf; plans, reports, and public testimony
submitted as part of the City Council and Redevelopment A;gency's duly noticed, joint meeting of
February 10, 2010; and any other evidence (within the meaning of Public Resources Code §21080(e)
and §21082.2), the City of South San Francisco City Council hereby finds as follows:
I. General Findings
1. The foregoing recitals are true and correct.
2. The documents and other material constituting the rec;or~d for these proceedings are located at
the Planning Division for the City of South San Francisco, 315 ]Maple Avenue, South San Francisco,
CA 94080, and in the custody of Chief Planner, Susy Kalkin.
3. The proposed Proj ect is consistent and compatible with all elements in the City of South San
Francisco General Plan (as proposed for amendment). The 199: General Plan includes policies and
programs that are designed to encourage the development of high technology campuses in the East of
101 Area, allow for employee-serving vendor services, preparation of a TDM plan and traffic
improvement plan to reduce congestion impacts, and provision of a framework for requiring future
circulation system improvements as they are needed to prevent deficient levels of service from being
reached.
4. The subject site is physically suitable for the type; and intensity of the land use being
proposed. The General Plan specifically contemplates t]he proposed type of project and the
suitability of the site for development was analyzed thoroughly in the environmental document
prepared for the Project.
5. By Resolution No. _18_, the City Council, exercisin€; its independent judgment and analysis,
has found that an Environmental Impact Report (EIR) was prepared for the Project in accordance
with CEQA, which EIR adequately analyzes the proposE~d Project's potentially significant
environmental impacts. The City Council has further found that the benefits of approving the Project
outweigh the Project's significant and unavoidable impacts.
II. Zoning Amendment
1. The Proj ect proposes increasing the allowable Floor Area Ratio (FAR) for the site from 1.0 to
1..25, which in addition to the General Plan Amendment, also requires an amendment to Table
20.120.030-D "Alternative Mode Use Requirements for an F.AR Bonus" in Section 20.120.030 of
the South San Francisco Municipal Code, further described below. The Project also proposes
amendments to Chapter 20.57 ("Gateway Specific Plan District") of the South San Francisco
Municipal Code to allow for the submission and approval c-f ;~ Master Plan to guide the long-term
growth and development of the site, which amendments arf; further described below.
2. As required under State law, the South San Francisco General Plan, and the South San
Francisco Municipal Code, in support of the requested Zoni.n~; Amendment (ZA08-0003), the City
Council finds as follows:
(a) The proposed Zoning Amendment is consist:er.~t with the General Plan (as proposed
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for amendment by the Project), which designates the site as Business Commercial, since the Zoning
Amendment is designed to maintain consistency with the proposed General Plan Amendment, that
would increase the maximum allowable FAR for the site. Further the proposed Zoning Amendment
requires a TDM, and imposes progressively higher mode-shift: re-quirements, which is consistent with
General Plan Implementing Policy 2-I-4, which states in part, "Require all. new developments
seeking an FAR bonus set forth in Table 2.2-2 to achieve a~prc~gressively higher alternative mode
usage."
(b) The proposed Zoning Amendment is consistent with the Redevelopment Plan and
Owner Participation Agreement, which designate the site for office and research and development
uses. The Project proposes uses consistent with this designatiion, at an intensity consistent with that
originally authorized for the Gateway Specific District.
(c) The proposed Zoning Amendment, in requesting that the maximum allowable FAR be
increased to 1.25, is consistent with the Gateway Specific Pliari, which permits an FAR of 1.25.
(d) The proposed Zoning Amendment is internall.~ consistent with the City's Zoning
Ordinance, as proposed for amendment, since the amendment meets the requirements and standards
of the Zoning Ordinance, and the procedural requirements of both Section 20.57.660 ("Amendment
Procedure and Guidelines") and the general zoning amendment procedures in Chapter 20.87 of the
South San Francisco Municipal Code.
SECTION 2 AMENDMENTS.
I. Chapter 20.57 Amendments
The City Council hereby adopts the following amendments to Chapter 20.57 ("Gateway Specific
Plan District") of the South San Francisco Municipal Code. r1o amendments are proposed to any
Sections that are not identified below. Text proposed for deletion is marked in ~*ri'~°*'~r^••~'~; Text
proposed to be added is marked double underline.
Chapter 20.57 GATEWAY SPECIFIC PLAN DISTRICT
Sections:
Article I. General Provisions
20.57.110 Notes and conditions-Precise plan ~ipproval.
In accordance with Title 7, Division 1, Chapter 3, Article 10 of the California Government
Code, the Gateway specific plan provides that the redevelopment agency shall have the
authority to 20.57.120 review and approve or disapprove precise plans and master plans for
development within the specific plan area, and the procedure for review of such precise plans
is set forth in Sections 20.57.500 through 20.57.600. Accordingly, such precise plans shall
not be subject to review under Sections 20.72.160 through 20.72.210.
Article IV. Construction Standards
20.57.400 Signs-Program-Area per site
A sign program shall be submitted as a part of the precise plan application (or Master Plan
application, if a Master Plan is submitted) for a site. The area of signs appurtenant to the use
of a site shall not exceed one hundred square feet per acre of site area. The sign area
permitted for each site may be divided into the number of single or double faced signs
appropriate for the number and size of buildings located on a site.
Article VII. Master Plan and Precise Plan Procedure for Implementation of Specific
Plan
20.57.505 .Master Plan
An applicant of a proiect that comprises multiple builldin~s and multiple haws, may apply
for approval of_a Master Plan. The pumose of the Ma~ste;r Plan would include the following:
(a) to provide a long-term framework for growth and development for a facility; (b) to
provide facility-wide design guidelines for buildi~7 areas, architecture open space,
employment, vehicular trip generation, pedestrian and vehicular circulation, public
infrastructure, utility needs and other elements; (c) to ini tiate a comprehensive CEOA review
for a unified campus development; and (d) to increase; e:~pedite review procedures for future
development consistent with an approved Masten Plan..
The required elements of a Master Plan shall include proposed phasing plan, general site and
building layout, permitted uses, proposed parking pla~preliminary Transportation Demand
Management plan consistent with Municipal Code Chapter 20.120 (and revisions thereto),
and design guidelines.
The procedure for approval of a Master Plan shall be as described in this Chapter. Final
design of individual buildings shall comply with the ~~~roved Master Plan design guidelines
and shall be approved pursuant to Precise Plan applications subiect to the terms of this
Chapter.
20.57.510 Precise plan required
No person shall commence any use or erect any struc;tu.re or make exterior modifications to
any existing use, parking area or structure, and no building permit, variance permit or
certificate of occupancy shall be issued for any new usE; or structure or modification thereof
until a precise plan therefore has been approved in accordance with the requirements set forth
in Sections 20.57.520 through 20.57.600. The following shall not require prior approval of a
precise plan:
A. Change in sign copy on existing changeable signs or on signs designed to allow a change
of copy;
B. Changes required in whole or in part by a requirement of any governmental agency;
C. A permit for demolition of buildings existing in th.e ;>pecific plan area prior to adoption of
the Gateway specific plan enabling ordinance and a general site grading permit for the
specific plan area shall be granted without approval oi' precise plans therefor:}
D Each proiect or phase identified in the Master Plan shall be required to obtain a separate
Precise Plan approval.
20.57.530 Contents
The following information and drawings shall be; required for consideration by the
redevelopment agency, except that the executive direc;te~r of the redevelopment agency may
require lesser information or fewer drawings if in his opinion the information and drawings
submitted meet the intent and purpose of this section; or, the executive director of the
redevelopment agency may require additional information if such additional information is
necessary to meet the intent and purpose of this section:
A. All applicable tentative, final or parcel maps witlhili the area covered by the proposed
precise plan;
B. A legal and physical description of the site including boundaries, easements, existing
topography, natural features, existing buildings, struc;tu.res and utilities;
C. A plot or site plan, drawn to scale which depicts all proposed on-site improvements and
utilities and the locations of same in accordance with the standards established in the
Gateway specific plan;
D. A landscape plan drawn to scale which sets forth information pertinent to the landscape
requirements of the Gateway specific plan and the zoning ordinance and shows all existing
trees and shrubs on the site;
E. Grading and drainage plans unless the city engineer determines they are unnecessary for
the review process;
F. Architectural plans and exterior elevations indicating profiles, glazing and materials drawn
to scale. The applicant shall submit one colored fullsize print showing elevations drawn to
scale and ten 8-1/2" x 11" reductions showing all land uses and buildings;
G. Scale drawings of all signs and light standards with details of height, area, color and
materials specified therein; H. Any other drawings or additional information necessary for
the redevelopment agency to review and make its de e~rmination as required hereby.-~
H A Phasing Plan shall be reauired as cart of a Ma~ste;r Plan application.
20.57.540 Changes after Approval
If significant changes to an approved precise plan. or Ynaster nlan_are desired by the applicant,
a revised precise plan or master Ulan shall be submitted and processed according to the
procedures established herein for approval of the ori~;irial precise plan. Revisions which are
minor in nature, other than those applied as a condition of approval, shall be reviewed and
approved by the executive director of the redevelopment agency.
20.57.550 Guidelines for review
In reviewing precise plans pursuant to the Gateway specific plan, the redevelopment agency
shall review to ensure consistency with an approved :Master Plan for the site, and shall adhere
to the standards set forth in Sections 20.57.160 through 20.57.470 and shall further attempt
to foster and promote the general character and purposf;s of the specific plan area as set forth
in the redevelopment plan and the owner participation agreement. (Ord. 868 Exh. A § G (6),
1981)
20.57.565 Design review
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Each application for a precise plan or master nl~n shall be referred to the design review
board, which shall formulate a recommendation to the agency. The agency shall adopt design
guidelines for master elan and research and development and office/sales/service projects.
These guidelines, which may be amended from time to tame, shall provide the standards for
the design review of these projects.
20.57.570 Executive directors review
The executive director of the redevelopment agency shell review the application in light of
the guidelines and standards set forth in Sections 20.57.160 through 20.57.470, and shall
consult with the staff of affected departments and offices of the city in connection with the
review of each precise plan or master plan. Upon com:plf;tion of his review and consultations,
the executive director shall submit the precise plan ~~r master plan to the board of the
redevelopment agency and shall recommend that the board of the redevelopment agency
approve, conditionally approve, disapprove or suggest modifications to the precise plan or
master Ulan.
20.57.580 Redevelopment agency approval decision
The redevelopment agency shall approve, conditionally approve, disapprove or suggest
modifications to the precise plan or master plan. Arty conditions shall be reasonable, and
designed to assure attainment of the standards established in Section 20.57.550. No approval
shall be unreasonably withheld by the board if the precise plan or masterr~shall be within
the standards set forth in Section 20.57.550. If the lboard disapproves the precise plan or
master plan, it shall specify the standards or conditions which have not been met. If the board
fails to approve, approve with conditions, disapprove oi• suggest modifications to the precise
plan or master elan as submitted by the applicant within forty-five days following the date
the complete precise plan or master Ulan (plus any period of extension under Section
20.57.560) was submitted to the executive director of the redevelopment agency, the precise
plan or master plan shall be deemed approved.
20.57.590 Mandatory findings of approval
The board. of the redevelopment agency shall make the following findings before approving
or conditionally approving any master plan or precise elan:
A. The prof ect proposed in the master plan or precise plan is compatible with the intent and
purpose of the Gateway specific plan.
B. The proposed development and/or construction standards of the master plan or precise
plan are designed to achieve compliance with the development and/or construction standards
of the Gateway specific plan.
C. The project proposed in the master plan or_p~recise plan is consistent with the
redevelopment plan and the owner participation agreement.
D. The project proposed in the master Ulan or precise plan is consistent with the general
plan.
20.57.600 Expiration of approval
Any building permit or variance permit for which a precise plan has been approved,
conditionally approved or modified shall lapse and shall be deemed void two years after the
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date thereof if a building permit has not been issued therefor and/or construction has not
commenced or has not proceeded with due diligence thereafter. Reasonable extensions of
time may be granted by the board of the redevelppment agency. Master Plan uroiects are
subi ect to the ayuroved phasing plan and a precise, elan :for the buildings within each phase.
Anv changes to the Phasing Plan shall be subi ect to ap~~wal by the Redevelopment A~encv.
II. Chapter 20.120 Amendments
The City Council hereby adopts the following amendment,; t~~ Chapter 20.120 ("Transportation
Demand Management") of the South San Francisco Municipal (ode. No amendments are proposed
to any Sections that are not identified below. Text proposed for deletion is marked in mil'°*'~gh;
Text proposed to be added is marked double underline.
Table 20 120 030-D• Alternative Mode Use Re uirem~ents for an FAR Bonus
General • Plan Land Use Requested FAR Alternative Mode Use
Classification _ Re uired Percent)
Office 1.10 - 1.59 30.0
1.60 - 1.99 36.5
2.00 - 2.30 _ 45.0
Business Commercial/Coastal 0.51 - 0.69 30.0
Commercial or Business 0.70 - 0.80 32.0
Technology Park 0.81 -96391.0 35.0
1..01 - 1.12 38.0
1.13 - 1.25 _ 40.0
Hotel (in either Business 1.21 - 1.49 30.0
Commercial or Coastal 1.50 - 1.69 32.0
Commercial) 1.70 - 1.80 _ 35.0
SECTION 3 SEVERABILITY.
If any provision of this ordinance or the application t}lereof to any person or circumstance is
held invalid or unconstitutional, the remainder of this ordinan~~e, 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 a.re severable. The City Council of the
CYity of South San Francisco hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentf;nces, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION 4 PUBLICATION AND EFFECTIVE DATE..
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance
shall be prepared by the City Attorney. At least five (5) day's prior to the Council meeting at which
this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post
in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the
adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City
Clerk 's Office a certified copy of the full text of this Ordinance along with the names of those City
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Council members voting for and against this Ordinance ar otherwise voting. This ordinance shall
become effective thirty days from and after its adoption.
~ * * * ~x
Introduced at a regular meeting of the City Council of the City of South San Francisco, held
the l Ot" day of February, 2010.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 24t" day of February, 2010 by the following; vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. CJarbarino, and Karyl Matsumoto,
Vice Mayor Kevin Mullin and Mayor Mark Addiego
NOES: None
ABSTAIN: None
ABSENT:
A'
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance
this 24`h day of February, 2010.
`.
.~
Mark Addiego, Ma r
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