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Home My WebLink AboutOrd. 1452-2011 ORDINANCE NO. 1452 -2011 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE MAKING MINOR REVISIONS, CORRECTIONS AND CLARIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING ORDINANCE AND MAP WHEREAS, in July of 2010, after over two years of preparation and public hearings, the City Council for the City of South San Francisco adopted a comprehensive updated to the City's zoning ordinance, which repealed the then - existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning district, revised and reformatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and /or correction, as further set forth in this Ordinance; and, WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (IS/ND) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ( "CEQA "), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and, WHEREAS, the refinements, clarifications, and /or corrections set forth in this Ordinance are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and /or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §§ 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the City Council and Planning Commission's joint study sessions held on February 20, 2008 and April 19, 2008; all reports, minutes, and public testimony submitted as part of the Planning Commission's study sessions held on September 18, 2008, November 6, 2008, February 19, 2009, April 16, 2009, August 20, 2009, September 17, 2009, and November 5, 2009; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed public hearings on February 18, 2010, March 18, 2010, and June 17, 2010; all reports, minutes, and public testimony submitted as part of the City Council's duly notice public hearing on April 28, 2010, May 26, 2010, and July 14, 2010; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed public hearing on May 5, 2011; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearings on June 22, 2011; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed public hearing on October 6, 2011; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed public hearing on November 3, 2011; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearings on November 9, 2011; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. 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. SECTION II. AMENDMENTS. A. On -Site Parking and Loading (1) Amend Section 20.620.005 to add definition of "Shopping Center" as follows: Employment Use Classifications Shopping Center. Cluster of retail stores that provide off- street parking. Shopping Centers are classified as Neighborhood, Community and Regional centers. (a) "Neighborhood Shopping Center" means a shopping center generally between thirty - thousand (30,000) and less than one - hundred thousand (100,000) square feet of gross floor area, typically anchored by a grocery store, providing goods for day -to -day living and personal services. May include food, drug, laundry and dry cleaner, beauty parlor and shoe repair. (b) "Community Shopping Center" means a shopping center greater than or equal to one- hundred thousand (100,000) and less than four - hundred thousand (400,000) square feet of gross floor area, capable of supporting two or more retail or commercial businesses. May include anchor tenants such as a discount department store and other outlets such as grocery, clothing, or furniture stores. Larger than a neighborhood center, but smaller than a regional center. (c) "Regional Shopping Center" means a shopping center generally totaling four - hundred thousand (400,000) square feet or more of gross floor area, typically anchored by three or more anchor stores and a number of retail outlets. May include full -line department stores, supermarket, a bank and a pharmacy. (2) Amend "Table 20.330.004: Required On -Site Parking Spaces — Commercial Use Classifications" to include the parking regulations for the "Shopping Center" use classification, as follows: TABLE 20.330.004: REQUIRED ON -SITE PARKING SPACES Land Use Classification Required Parking Spaces Commercial Use Classifications Retail Sales Shopping Center - Neighborhood 4 spaces per 1,000 sq. ft. - Community 4.5 spaces per 1,000 sq. ft. - Regional 5 spaces per 1,000 sq. ft. B. Downtown Land Use Regulations (1) Amend "Table 20.100.002: Land Use Regulations — Downtown Districts" to modify limitation #7 and clarify when a Use Permit is required as it pertain to clinics on the ground floor in the Downtown Core District as follows: TABLE 20.100.002: DEVELOPMENT STANDARDS — DOWNTOWN DISTRICTS Land Use Classification DC DMX DRL DRM DRH Additional Regulations Public and Semi - Public Uses Hospitals and Clinics See sub - classifications below Clinics MUP(7) MUP(7) _ _ _ See Section 20.350.012 Clinics in Downtown Core Limitations: 7. Clinic uses may not occupy the ground floor, except along Grand Avenue, west of Maple Avenue, which are subject to the approval of a Conditional Use Permit. C. Section 20.350 Standards and Requirements for Specific Uses and Activities (1) Amend Section 20.350 to add 20.350.012 — Clinics Downtown, as follows: 20.350.012 Downtown Clinics Clinics located on the ground floor in the Downtown Core (DC) Zoning District shall be located and developed in compliance with the following standards: A. Location. 1. Ground floor clinics in the DC Zoning District may be permitted only along Grand Avenue, west of Maple Avenue . B. Building Criteria. 1. Ground floor clinics in the DC Zoning District shall be located in buildings that were originally constructed and have been maintained as commercial or medical office buildings with no retail store fronts, Chapter 20.350: Standards and Requirements for Specific Uses and Activities Sections: 20.350.001 Purpose 20.350.002 Applicability 20.350.003 Adult Oriented Businesses 20.350.004 Animal Keeping 20.350.005 Animal Care, Sales, and Services 20.350.006 Automobile Rental Facilities in Hotels 20.350.007 AutomobileNehicle Service Stations and Washing 20.350.008 Automobile/Vehicle Sales and Leasing 20.350.009 Automobile/Vehicle Service and Repair, Major and Minor 20.350.010 Bed and Breakfast Lodging 20.350.011 Check Cashing Businesses 20.350.012 Clinics Downtown 20.350.013 Community Assembly Facilities 20.350.014 Convenience Markets 20.350.015 Day Care Centers 20.350.016 Domestic Violence Shelter 20.350.017 Drive In and Drive Through Facilities 20.350.018 Emergency Shelters 20.350.019 Family Day Care, Large 20.350.020 Freight /Truck Terminal and Warehouses 20.350.021 Group Residential Facilities 20.350.022 Home Occupations 20.350.023 Large Format Retail 20.350.024 Live -Work Units 20.350.025 Manufactured Housing 20.350.026 Mobile Home Parks 20.350.027 Mobile Vendor Services 20.350.028 Outdoor Retail Sales 20.350.029 Outdoor Seating 20.350.030 Outdoor Storage 20.350.031 Personal Services 20.350.032 Personal Storage 20.350.033 Recycling Facilities 20.350.034 Second Dwelling Units 20.350.035 Social Service Facilities 20.350.036 Tattoo and Piercing Facilities 20.350.037 Taxi and Limousine Services SECTION III. 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 IV. 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 regular meeting of the City Council of the City of South San Francisco, held the 9 day of November, 2011. AYES: Councilmembers Mark Addiego and Pedro Gonzalez, Vice Mayor Richard Garbarino and Mayor Kevin Mullin NOES: Councilmembers Karyl Matsumoto Opposed to hospitals /clinics part, favors parking ABSTAIN: None ABSENT: None Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 14 day of December, 2011 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard Garbarino NOES: None ABSTAIN: None ABSENT: None ATTES ,%' y Cler As Mayor of the City of South San Francisco, I do hereby approve the oregoing Ordinance this 14 day of December, 2011. / AY Richar. . ' arbarino, ayor