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HomeMy WebLinkAboutOrd. 1437-2011 ORDINANCE NO. 1437 -2011 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 20.230 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REPEAL THE EXISTING OYSTER POINT MARINA SPECIFIC PLAN DISTRICT, AND ADOPT THE OYSTER POINT SPECIFIC PLAN TO FACILITATE THE PUBLIC - PRIVATE REDEVELOPMENT OF AN OFFICE /RESEARCH & DEVELOPMENT CAMPUS AND SUBSTANTIAL PUBLIC AMENITIES AT THE OYSTER POINT BUSINESS PARK AND OYSTER POINT MARINA PROPERTY WHEREAS, Oyster Point Ventures, LLC ( "OPV "), a joint venture between Shorenstein Properties and SKS Investments LLC, owns property commonly known as the Oyster Point Business Park, and located at the terminus of Oyster Point Boulevard; and the City of South San Francisco ( "City ") owns property commonly known as the Oyster Point Marina Property, adjacent to the Oyster Point Business Park; and WHEREAS, OPV and the City (collectively, "the Parties ") desire to redevelop the Oyster Point Business Park and the Oyster Point Marina Property (collectively, "Project Site ") with an office /R &D life sciences campus, commercial, hotel, recreational, and public open space uses; and WHEREAS, to this end, OPV has submitted an application seeking approval of a General Plan Amendment, Zoning Text Amendment (to adopt the Oyster Point Specific Plan), Zoning Map Amendment (to rezone), a Phase 1 Precise Plan, Design Review, a Preliminary Transportation Demand Management ( "TDM ") Plan, a Development Agreement, and a Disposition and Development Agreement which would adopt the "Oyster Point Specific Plan" and collectively authorize the phased removal and replacement of certain existing buildings on the Project Site, and phased construction of an office /R &D development at an FAR of 1.25 up to a total of 2,254,230 square feet on the western portion of the Project Site, including a "Phase P' development consisting of grading and refuse relocation for the initial 508,000 square feet office /R &D in three buildings of up to ten stories and a parking structure, and public amenities including creation of waterfront open space, a promenade along the realigned Oyster Point and Marina Boulevards, construction of a flexible -use recreation area, grading and site preparation of the future hotel parcel, as well as realignment, reconfiguration, replacement, and improvement to existing roadways and infrastructure to facilitate the development, subject to the terms of the Project entitlements including the proposed Development Agreement ( "Project "); and, WHEREAS, OPV has proposed amendments to the South San Francisco Zoning Ordinance to repeal the existing Oyster Point Marina Specific Plan District and adopt the Oyster Point Specific Plan, as further described in the "Zoning Text Amendments" attached as Exhibit A, and amendments to the South San Francisco Zoning Map for the Project Site, as further illustrated in the "Zoning Map Amendments" attached as Exhibit B (collectively, "Zoning Amendments "); and WHEREAS, in accordance with the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq. [ "CEQA "]), the City has prepared and certified an Environmental Impact Report ( "EIR "), which evaluates the significant and potentially significant impacts of the Project, the growth inducing impacts of the Project, the cumulative impacts of the Project, and alternatives to the proposed Project; and, WHEREAS, following a properly noticed public hearing held on March 14, 2011, the Planning Commission recommended by resolution that the City Council approve the Zoning Text Amendments attached as Exhibit A, and the Zoning Map Amendments attached as Exhibit B; and, WHEREAS, on March 16, 2011, the City Council and Redevelopment Agency conducted a properly noticed joint public hearing to consider certification of the EIR and approval of the Project, including the proposed Zoning Amendments. 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 includes without limitation, CEQA and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco General Plan Update and General Plan Update EIR; the Redevelopment Plan for the Downtown/Central Redevelopment Project Area and the related EIR; the South San Francisco Municipal Code; the Project applications; the Oyster Point Specific Plan and Phase I Precise Plan, as prepared by Perkins + Will, dated February 23, 2011; the Oyster Point Specific Plan Appendix & Design Guidelines, prepared by Perkins + Will, dated February 23, 2011; the Preliminary Transportation Demand Management Plan, as prepared by HDR, dated February 23, 2011; the Oyster Point Specific Plan and Phase I Project EIR, including the Draft and Final EIR and all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meetings on February 3, 2011, February 17, 2011, March 3, 2011, and March 14, 2011; all site plans, minutes, reports, and public testimony submitted as part of the City Council and Redevelopment Agency's duly noticed, joint meeting of March 16, 2011; all site plans, minutes, reports, and public testimony submitted as part of the City Council's duly noticed meeting of March 23, 2011; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) ( "Record "), the City of South San Francisco City Council hereby finds as follows: 1. The foregoing Recitals are true and correct and made a part of this Ordinance. 2. The exhibits and attachments, including the proposed Zoning Text Amendment (attached as Exhibit A) and the proposed Zoning Map Amendment (attached as Exhibit B), are each incorporated by reference and made a part of this Ordinance, as if set forth fully herein. 3. The documents and other material constituting the record 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. 4. By Resolution No. 46 -2011, the City Council, exercising its independent judgment and analysis, has found that an EIR was prepared for the Project in accordance with CEQA, which EIR adequately discloses and analyzes the proposed Project's potentially significant environmental impacts, its growth inducing impacts, and its cumulative impacts, and analyzed alternatives to the Project. For those impacts that could potentially exceed CEQA thresholds of significance, where feasible the City has identified and imposed mitigation measure that avoid or reduce the impact to a level of less- than - significant. The City Council has further found that the benefits of approving the Project outweigh the Project's significant and unavoidable impacts. 5. As required under State law, the South San Francisco General Plan, and the South San Francisco Municipal Code, in support of the requested Zoning Amendments, including both the Zoning Text Amendment (ZA11 -0001) and the Zoning Map Amendment (RZ11- 0001), the City Council finds as follows: a. The proposed Project is consistent and compatible with all elements in the City of South San Francisco General Plan (as proposed for amendment). The 1999 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 services, preparation of a Traffic Demand Management plan to reduce congestion impacts. Consistent with these policies, the Oyster Point Specific Plan and Phase I Project provides for the phased removal and replacement of existing buildings on the Project Site and phased construction of an office /R &D development at an FAR of 1.25 on the western portion of the Project Site, including a "Phase 1" development consisting of grading and refuse relocation for the initial three buildings and a parking structure, as well as employee - serving amenities pursuant to a preliminary Transportation Demand Management Plan, and additional public amenities including creation of waterfront open space, a promenade along the realigned Oyster Point and Marina Boulevards, construction of a flexible -use recreation area, grading and site preparation of the future hotel parcel, as well as realignment, reconfiguration, replacement, and improvement to existing roadways and infrastructure to facilitate the development, subject to the terms of the Project entitlements including the proposed Development Agreement. Approval of the Project, including the proposed Development Agreement, will not impede achievement of General Plan policies. b. The Project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, because the Project proposes redevelopment of an underutilized Project Site, which will result in an office and research and development campus -like facility, with substantial public amenities, including enhanced and improved access to the bay front and public open space. The Project will also facilitate repair of the landfill clay cap and upgrades to utilities and infrastructure at the Project Site. c. The subject site is physically suitable for the type and intensity of the land use being proposed. The General Plan specifically contemplates the proposed type of project, and the suitability of the site for the proposed development was analyzed thoroughly in the Environmental Impact Report prepared for the Project. d. The Project will be superior to development otherwise allowed under conventional zoning classifications. The Project proposes increasing the allowable Floor Area Ratio (FAR) for the site from 1.0 to 1.25 and will facilitate construction of substantial public amenities at the Project Site, including enhanced and improved access to the Bay front. SECTION 2 AMENDMENTS. A. Repeal Existing Oyster Point Marina Specific Plan :District The City Council hereby repeals the existing Chapter 20.230 ( "Oyster Point Marina Specific Plan District ") of the South San Francisco Municipal Code. B. Adopt Oyster Point Specific Plan The City Council hereby adopts a new Chapter 20.230 ( "Oyster Point Specific Plan ") to the South San Francisco Municipal Code, as set forth in Exhibit A. C. Adopt Zoning Map Amendments The City Council hereby adopts the amendments to the South San Francisco Zoning Map, as illustrated in Exhibit B. SECTION 3 SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this 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 of the City 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, sentences, 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) days 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 Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced at a special meeting of the City Council of the City of South San Francisco, held the 16 day of March, 2011. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 23 day of March, 2011 by the following vote: AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto, Vice Mayor Richard Garbarino and Mayor Kevin Mullin NOES: None ABSTAIN: None ABSENT: None ATT i Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 23 day of March, 2011. / Ail/4 Kevin Mullin, Mayor Exhibit A Zoning Text Amendment (Oyster Point Specific Plan) Chapter 20.230 Oyster Point Specific Plan District Sections: TOC [Section Reference Title] 20.230.001 Purpose This chapter establishes the Oyster Point Specific Plan District and provides for coordinated planning and design principles for the property within this district. The purposes of the Oyster Point Specific Plan District are to: A. Implement the policies of the General Plan, which designates the area of the Oyster Point Specific Plan District in the East of 101 Planning Sub -Area and Business Commercial, Coastal Commercial, and Park and Recreation land use designations. The Specific Plan District implements the goals and policies of the General Plan in the following ways: 1. Implementing a comprehensive use and development plan for the Oyster Point Marina area, and promoting compatibility among research and development, commercial, open space, and recreational land uses; 2. In areas designated for Business Commercial use, promoting development of a state -of -the -art research and development life sciences campus with substantial open space and public amenities; 3. In areas designated for Coastal Commercial use, promoting development of business /professional services, office, research and development, hotel, retail /restaurant uses, public recreational facilities, and marina- serving uses; 4. In areas designated for Park and Recreation use, enhancing access to and public enjoyment of the San Francisco Bay, marinas, Bay Trail, and related uses; 5. Encouraging development to serve City residents, employees, and visitors in close proximity to the Oyster Point Ferry Terminal; B. Implement high - quality, integrated design standards in a comprehensively planned development with District -wide architectural character, achieving development superior to that which could be achieved under conventional zoning classifications; C. Provide for the efficient extension of utilities, infrastructure and services into this district; and 1 _196_ D. Provide a mechanism for flexibility in the long -term, phased development of land uses within the boundaries of the Specific Plan District. 20.230.002 Applicability A. As used in this chapter, "Specific Plan" shall refer to the contents of this Chapter and the uncodified Specific Plan Appendix, collectively. B. The regulations contained in this chapter shall apply to the areas within the Oyster Point Specific Plan District mapped on the Official Zoning Map. C. The Specific Plan District is divided into two planning areas as follows and as shown on Figure 1. 1. Planning Area 1 consists of largely the western portion of the Oyster Point Specific Plan District 2. Planning Area 2 consists of largely the eastem portion of the Oyster Point Specific Plan District FIGURE 1: PLANNING AREAS OYSTER POINT SPECIFIC PLAN DISTRICT PLANNING AREA 1 PLANNING AREA 2 - 2 _197_ • 20.230.003 Land Uses Land Use Regulations Established. Table 1 below prescribes the land use regulations for the Oyster Point Specific Plan District and its Planning Areas. The regulations for each zone are established by letter designations as follows: "P" designates permitted uses subject to approval of a Precise Plan. ."(#)" numbers in parentheses refer to specific limitations listed at the end of the table. "- "designates uses that are not permitted. Use classifications are defined in Chapter 20.620 ( "Use Classifications "). In cases where a specific land use or activity is not defined, the Chief Planner may assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub- classifications not listed in the table or not found to be substantially similar to the uses below are prohibited. TABLE 1: LAND USE REGULATIONS Use Classifications 1 Planning Area 1 Planning Area 2 Commercial Use Classifications AutomobileNehicle Sales and See sub - classifications below Services - Automobile /Vehicle Rentals - P (1) - Automobile /Vehicle Service - P (1) and Repair, Minor Business Services P p • Commercial Recreation See sub - classifications below - Amusement Arcade - P (2) - Indoor Entertainment - P - Outdoor Entertainment P P - Outdoor Sports and P p Recreation • 3 Use Classifications Planning Area 1 Planning Area 2 Eating and Drinking See sub - classifications below Establishments - Coffee Shops /Cafes P P (3) - Restaurant, Full Service P P (3) - Restaurant, Limited Service P P (3) Food & Beverage Sales P P - Convenience Market - - Lodging See sub - classification below - Hotels and Motels - P (4) Offices See sub - classifications below - Business & Professional P P - Medical & Dental P P - Walk In Clientele - P Parking, Public or Private P P Personal Services See sub - classification below - General Personal Services P P Retail Sales See sub - classification below - General Sales P P (3) . Employment Uses Research and Development P P (5) Public and Semi- Public Uses Clubs and Lodges - P Cultural Institutions - P Day Care Centers P P 4 lnn Use Classifications Planning Area 1 Planning Area 2 Government Offices - p Park and Recreation - P Facilities, Public Public Safety Facilities P p • Transportation, Communication, and Utilities Uses Communication Facilities See sub - classifications below - Antennae and Transmission P (6) P (6) Towers - Facilities Within Buildings P P Transportation Passenger - Terminals Utilities, Major - p Utilities, Minor p p NOTES: 1. Limited to storage, repair and service of water craft, except that AutomobileNehicle Rentals may be approved as ancillary to a hotel use. 2. Only within hotels. 3. Retail and eating and drinking establishment uses are limited to a total of 40,000 square feet in Planning Area 2. 4. Hotel use is limited to no more than two hotels of up to a total of 350 rooms. 5. Use may be subject to limitations pursuant to terms of an approved Disposition and Development Agreement. 6. Only permitted to be installed on building rooftops —all other equipment and facilities must be inside the primary structure or an approved and established equipment yard —and subject to Chapter 20.370 ( "Antenna and Wireless Communications Facilities "). 5 1 211 20.230.004 Development Standards A. Summary of Standards. Table 2 prescribes the development standards for the Oyster Point Specific Plan District. Additional regulations are noted in the right hand column. Section numbers in this column refer to other sections of this Ordinance. TABLE 2: DEVELOPMENT STANDARDS Standard 1 Requirement Additional Regulations Lot and Density Standards Minimum Lot Size 43,560 in Planning Area 1 (1) (sq fi) 10,000 in Planning Area 2 Maximum Floor Area 1.6 for hotel See Chapter 20.040 Rules of Ratio (FAR) without Measurement Incentives Program 1.0 for office 0.5 for all other uses Maximum FAR with 1.25 in Planning Area 1 See Chapter 20.040 Rules of Incentives Program Measurement and Section 2.2 for hotel in Planning Area 20.230.004(B), below 2 1.6 for office in Planning Area 2 1.0 for all other uses in Planning Area 2 Maximum Building 60 See Chapter 20.040 Rules of Coverage (% of site) Measurement and Section 20.230.004(B) below, and Section 20.110.003(C) Increased FAR Building Form and Location Maximum Height (fi) Building heights allowed to See Section 20.300.006 Height and maximum height limits Height Exceptions permissible under Federal Aviation Regulations Part 77 6 _1'21_ Standard 1 Requirement Additional Regulations NOTES: 1. Notwithstanding Section 19.12.020 of the South San Francisco Municipal Code, lots that do not meet these minimum lot size requirements may be created pursuant to an approved lot line adjustment, parcel map, or subdivision map; however, in no case shall lots that do not meet the minimum lot size standards be developed, nor shall building permits be issued for any construction or improvement of such lots. Notwithstanding Sections 20.300.004 or 20.320.002(C) of this Title, lots created after the effective date of this Section that do not meet minimum lot size standards shall not be considered legal non - conforming lots. B. Floor Area Ratio & Coverage. 1. FAR and Building Coverage Determination. In Planning Area 1, compliance with FAR and maximum building coverage requirements as set forth above shall be determined in aggregate rather than on a lot -by -lot basis. Notwithstanding the delineation in Figure 1, the parcels to be included in calculating site area for purposes of FAR determination shall be those listed in Table 3, as further illustrated in Figure 2: TABLE 3: PARCELS FOR FLOOR AREA RATIO DETERMINATION OPBP 1 OPBP 2 Parcel 1 Parcel Estimated Area (acres)* 20.2 3.3 10 Parcel 2 4.0 Parcel 3 3.9 41.4 *Based on proposed parcelization, as illustrated in Figure 2. Actual and verified parcel areas, based on fmal parcelization, shall be used for FAR calculation purposes. ,,,, Figure 2 - Map of Proposed Parcels I \j JJGEND I 1 --- - - ____ PROPERY LIK • APPROXIYATE E. a c• LIKE 1 p 1 j em, 1 I oT: 1 1: ._____.,,-- --- i ------i2 .... _ -- --- - 1 -;:- - ---7 — ,.._2 - - ' • r — — s' ')I-1 I i V .. WM 4 I ' -- - I :-. --. - / - — — --- - - -- 2. Incentive-Based FAR. FAR may be permitted in the Oyster Point Specific Plan District as follows. • a. In Planning Area 1, FAR may be permitted up to a maximum of 1.25, provided the following criteria are met: W A Transportation Demand Management Plan has been approved, in accordance with Chapter 20.400; (ii) The development complies substantially with the architectural and urban design guidelines established in this chapter and -in the Specific Plan; and (iii) The development complies substantially with the . sustainable building strategies established in this Chapter and in the Specific Plan b. In Planning Area 2, FAR for a hotel may be permitted up to a maximum of 2.2, office up to a maximum of 1.6, and FAR for all other uses may be permitted up to a maximum of 1.0, provided the following criteria are met: 8 _1 1 2_ (i) A Transportation Demand Management Plan has been approved, in accordance with Chapter 20.400; and (ii) The development is consistent with the design standards established in the General Plan, including the East of 101 Area Plan. 20.230.005 Circulation and Parking A. Street Location. The street system within the Oyster Point Specific Plan District shall be located, generally, as shown in Figure 3. Precise alignments shall be established during the process for review and filing of maps in conformance with the standards established in this chapter, and otherwise as established in the Subdivision Ordinance (Title 19 of the South San Francisco Municipal Code). FIGURE 3: LOCATION OF PUBLIC STREETS c - - ---1— r I LEGEND — — r -'- IRDPERIT IINE I _ - RPPROXNXTE BCOC UNE J I I onri f cnP: I E — 1 I , , , —) • -- — - --- — — —ti =, . _ /Y \ rumor- / awca \ ,,f, 5 1`:. ; t , F , >aa:aa \cam _ . _•-� -/ % / B. Street Standards. The streets within the Specific Plan District shall conform to the design standards set forth in the Specific Plan, and, as applicable, Chapter 19.20 ( "Street Design ") of the South San Francisco Municipal Code. C. Off - Street Parking. 1. In Planning Area 1, parking shall be provided at a ration supportive of the approved Transportation Demand Management Plan, but in no case shall exceed 2.5 spaces per 1,000 gross square feet of floor area, calculated across the entire Planning Area in the aggregate, rather than on a lot -by -lot basis. Required parking shall comply 9 with the requirements included in Chapter 20.330 ( "On -site Parking and Loading ") except that additional variations from the bicycle parking standards may be permitted in the Specific Plan District pursuant to an approved Precise Plan and Transportation Demand Management Plan. 2. Transportation Demand Management. Development in each Planning Area of the Oyster Point Specific Plan District shall comply with Chapter 20.400 ( "Transportation Demand Management "). D. Service Entrances. Driveways to access service entrances shall be a minimum of 30 feet from the intersection of any two dedicated public rights -of -way. E. Pedestrian Circulation. Sidewalks and pedestrian promenade widths shall, at a minimum, comply with the standards in Chapter 19.20. Where appropriate to accommodate active uses, greater widths should be provided. 20.230.006 Infrastructure and Utilities A. Infrastructure and Utilities. The location and extent of proposed infrastructure and utility improvements in the District will be as generally described and depicted in the Specific Plan. B. Stormwater management. All development in the Specific Plan shall comply with current best management practices to improve water quality of site runoff and be subject to review and approval by the Public Works Director. 20.230.007 Buildings and Improvements A. Design Guidelines. Development in the Oyster Point Specific Plan District shall proceed in accordance with the architectural, landscaping, signage, and urban design guidelines set forth in the Specific Plan. B. Exterior Design. Building construction and design shall be used to create a structure with substantially equally attractive sides of high quality, rather than placing all emphasis on the front elevation of the structure and neglecting or downgrading the aesthetic appeal of the side elevations of the structure. Any accessory buildings and enclosures, whether attached to or detached from the main building, shall be of similar compatible design and materials. Buildings shall employ varied setbacks, horizontal and vertical elements, fenestration changes and other architectural devices to break their massing. C. Facades. Building facades in excess of 150 feet in length along one side shall use modulation and articulation to create a fine - grained street wall. Facades should 10 _114_ be designed to be harmonious with adjacent neighboring properties, yet be individualized and not monotonous. Variation may be achieved through the following architectural details: recesses, projections and step backs, changes in height, floor level, roof form, window reveals, cornice treatments, and parapets. D. Parking Structures. Parking structures should be designed to downplay their presence on the site to the greatest extent possible. Exterior elevations shall be simple, attractive and complementary to the building design and surface relief elements and articulation is strongly encouraged to reduce the apparent scale of the garage elevation.. E. Energy Conservation. All buildings shall be designed, insulated, and lighted in accordance with applicable federal and state energy conservation laws and regulations, including the Green Building Standards Code codified in Title 24 of the California Code of Regulations. 20.230.008 Landscaping In general, landscaping plans shall provide for the following: A. Plant selections shall be appropriate to the scale of the proposed architecture and character of the open space. B. All landscape components shall be climatically suitable to the site. C. Soil depths shall be provided to achieve reasonable success of the trees within a paved environment. 20.230.009 Signs A. General Requirements. Each sign shall be in harmony with the texture and color of the building to which it is affixed or in conjunction with which it is employed, and shall otherwise be governed by the provisions of Chapter 20.360 ( "Signs "). B. Master Sign Program Required. A master sign program shall be submitted as a part of the Precise Plan application for a site. 11 20.230.010 Implementation and Administration A. Phasing. The development of the Oyster Point Specific Plan District will occur in several phases, generally as set forth in the Specific Plan. Individual phases of development will be implemented through Precise Plans, as described in this Chapter. B. Precise Plan Required. The Oyster Point Specific Plan shall be implemented through the review and approval of Precise Plans by the Planning Commission, which shall be the review authority for the Oyster Point Specific Plan District. 1. No person shall commence any use or erect any structure or make exterior modifications to any existing use, parking area or structure, and no building permit, variance, or certificate of occupancy shall be issued for any new use or structure or modification thereof until a Precise Plan has been approved in accordance with the requirements hereinafter set forth. The following shall not require prior approval of a Precise Plan: a. A permit for demolition of buildings existing in the Specific Plan District prior to adoption of the Oyster Point Specific Plan enabling ordinance and a general site grading permit for the Specific Plan area; b. Permits for development of roads or other components of infrastructure identified in the Specific Plan; c. Changes required in whole or part by a requirement of any governmental agency; d. Interior modifications or buildings which do not alter the nature, character or intensity of a use; or e. Signage within the Oyster Point Specific Plan District, including any permitted change in sign copy, that is included as part of and consistent with an approved Sign Program, in accordance with Section 20.360. C. Precise Plan Procedures. 1. Filing Fees. A precise plan application fee shall be paid for all private development proposals pursuant to the Master Fee Schedule of the City; provided, however, that said application fees shall be waived for all precise plans which involve only public buildings and uses. 2. Application. When a precise plan is required by the Oyster Point Specific Plan , the precise plan shall be submitted to the Chief Planner. The Chief Planner shall check the application for completeness consistent with the Permit Streamlining Act. _17?_ 12 3. Contents. The following information and drawings shall be required for precise plan consideration by the City, expect that the Chief Planner may require either less or additional information as necessary to meet the intent and purpose of this section: a. All applicable tentative, final, or parcel maps within the area covered by the precise plan; b. A legal and physical description of the site including boundaries, easements, existing topography, natural features, existing buildings, structures and utilities; c. A plot or site plan, drawn to scale which depicts all proposed on -site improvements and utilities and the locations of the same in accordance with the standards established in the applicable Specific Plan and the zoning ordinance; d. A landscape plan drawn to scale which sets forth information pertinent to the landscape requirements of the applicable Specific Plan and zoning ordinance; e. Grading and drainage plans; f. Architectural plans and exterior elevations indicating profiles, glazing and materials drawn to scale; g. .Scale drawings of all signs and light standards with details of height, area, color and materials specified therein; and h. Any other drawings of additional information necessary for the review authority to review and make its determination as required hereby. 4. Guidelines for Review. In reviewing precise plans, the City shall adhere to the standards set forth in this chapter and shall further attempt to foster and promote the general character and purposes of the Specific Plan. 5. Review and Decision. a. Design Review. Each precise plan application shall be referred to the design review board, which shall forward the recommendation to the Planning Commission. b. Chief Planner's Review. The Chief Planner shall review the application in light of the guidelines and standards set forth in this chapter, and shall consult with the staff of affected departments and offices of the City in connection with the review of each Precise Plan. Upon completion of review and consultations, the Chief Planner shall submit the Precise Plan to the Planning Commission and shall recommend that the Planning Commission approve, conditionally approve, deny or suggest modifications to the Precise Plan. 13 _11R_ c. Review by the Planning Commission. In reviewing Precise Plans, the P]anning Commission shall review to ensure consistency with the approved Specific Plan for the site, or other applicable zoning, and shall adhere to the standards set forth in this chapter and shall further attempt to foster and promote the general character and purposes of the Oyster Point Specific Plan District. d. Planning Commission Decision. The Planning Commission shall approve, conditionally approve, deny, or suggest modifications to the Precise Plan. Any conditions shall be designed to assure attainment of the standards set forth in this chapter. e. Mandatory Findings of Approval. The Planning Commission shall review Precise Plans submitted for approval to determine whether they are consistent with the Oyster Point Specific Plan, any applicable Redevelopment Plan, and any applicable owner participation agreement or disposition and development agreement. The Planning Commission shall make the following findings before approving or conditionally approving any Precise Plan: (i) The project proposed in the Precise Plan is consistent with the General Plan; (ii) The project proposed in the Precise Plan is compatible with the intent and purpose of the applicable Oyster Point Specific Plan; (iii) The proposed development and /or construction standards of the Precise Plan are designed to achieve compliance with the development and /or construction standards applicable to the Oyster Point Specific Plan; (iv) The project proposed in the Precise Plan is consistent with the Redevelopment Plan and the owner participation agreement or disposition and development agreement, if applicable; and, (v) The infrastructure improvements proposed in the Precise Plan are consistent with the City's approved Capital Improvement Program, if applicable. 6. Effect of Approval. Following approval of a Precise Plan, no further permits or approval from the Planning Commission shall be required for projects carried out in substantial conformity with the Oyster Point Specific Plan, the approved Precise Plan, and any conditions of approval, except that the Chief Planner shall, in a ministerial capacity, review building permit applications and perform final inspection to ensure substantial consistency with the Specific Plan and Precise Plan. 7. Changes after Approval. If major revisions to an approved Precise Plan are desired by the applicant, a revised Precise Plan shall be submitted and processed according to the procedures established herein for approval of the original Precise Plan. Revisions which are minor in nature shall be reviewed and approved by the Chief Planner. Any significant changes to the phasing approved as part of the Precise 14 -119- Plan shall be subject to approval by the Planning Commission. Without limiting the generality of the foregoing, lot line adjustments, reductions in density, intensity, scale or scope of the project, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the project, and minor adjustments to the project site diagram or project site legal description will generally be treated as minor revisions, provided that they do not result in any new or more severe significant impacts than those addressed in the applicable CEQA review document, pursuant to the California Environmental Quality Act. Notwithstanding the foregoing, the Chief Planner shall have sole discretion to determine whether a requested revision constitutes a major or minor revision. 8. Appeal Procedures. Appeals shall be processed in accordance with Chapter 20.570, Appeals and Calls for Review, of the South San Francisco Municipal Code. 9. Expiration of Approval. Any approved Precise Plan shall lapse and shall be deemed void (a) two years after the date of its approval if a building permit has not been issued and /or construction has not commenced or has not proceeded with due diligence thereafter, or (b) after a longer duration as otherwise provided in an approved development agreement. One year extensions of the time may be granted by the Planning Commission. Projects are subject to the phasing, if any, established for the buildings within the approved Precise Plan. D. Variance Procedure. Where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of the Specific Plan many result from the strict application of certain provisions thereof, variances may be granted pursuant to Chapter 20.500 of the municipal code. E. Amendments. The Specific Plan may be amended as set forth in Chapter 20.530 ( "Specific Plans and Plan Amendments "). 15 All OTHER --- Amendment to Chapter 20.630: 20.630.002 Definitions Precise Plan. A plan that sets forth the design, location, and arrangement of proposed buildings, structures and other improvements, including but not limited to elements such as grading, utilities, architecture, and Landscaping, within the defined area of an approved Specific Plan. 1595682.1 1582598.1 • • 16 Exhibit B Zoning Map Amendments (Rezone) , 1 Oyster Point Rezone Oyster Point Marina Oyster Point (Proposed E xpansion) 1 ) / ( Fri to / _intsui ; vel 4 fi , , -41 04 r , MIRA "ler ■ ' %Or /4A W % Ili ) E ...---,------------ onnimui • .. ... . + 41111fitinuml 44 $' 4. • et. ••■ gihri ,t, ..... -.. •,... a* ,... 4. jr al 4:-. //4 .„.... 0 4 010 4 , .... VA_Viti ... 0,.„0 14s. 0.0 ...t... --- Kakt mow/ .4....ros..................11 ..........,...1..... ......,...,......„,..... . ...t...,..z..v.t...,..1 ...... oz4. .x.r.,./\ s, i .7\ I .4ve k\-illtios\* A 4 ,,x / i 0 0 * N • . 3 Ito .,....__:__ tat 4.11;x, 4,4* am 11111. 11111...• • .. 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