HomeMy WebLinkAboutOrd. 1469-2013ORDINANCE NO. 1469-2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE MAKING REVISIONS AND
CLARIFICATIONS TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE RELATED TO THE ELIMINATION OF
REDEVELOPMENT AGENCY REFERENCES
WHEREAS, the California Legislature adopted, the Governor signed, and the California
Supreme Court, in California Redeveloprnent Association, et al. v. Matosantos, (2012) 53 CalAth
231, upheld Assembly Bill x 126 ("A-Bx 126");
WHEREAS,, pursuant to ABx 1 26, all California redevelopment agencies were dissolved
effective February 1, 2012;
WHEREAS, pursuant to Resolution No. 8-2012, adopted by the City Council on January
25, 2012, the City of South San Francisco ("City") agreed to serve as the successor agency to the
Redevelopment Agency of the City of South San Francisco (the "Redevelopment Agency")
commencing upon the dissolution of the Redevelopment Agency on February 1, 2012; and
WHEREAS, the City has identified areas of the Municipal Code that require refinement,
clarification, and/or correction, including revisions to the City's ordinances to reflect the
elimination of redevelopment agencies, as further set forth in the Ordinance.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION I. AMENDMENTS.
The City Council hereby amends the following g sections of the South San Francisco Municipal
Code to read as follows (with text in d-euble sirrike-ol-A.- indicating deletion and double underlined
text indicating addition). Sections and subsections that are not amended by this Ordinance are
not included below, and shall remain in full force and effect.
A. Chapter 2.18 "City Council — General Provisions"
(1) Delete Section 2.18.010 "Council declared redevelopment agency", in its entirety, as
follows:
PA EMU! wall; Two
..;a� ==!W
110
—ZZILQMI��
- 1 -
B. Chapter 6.20 "Newspaper Racks and Banks"
(1) Amend Section 6.20.060 "Application for newsrack permit" as follows:
6.20.060 Application for newsrack permit.
(a) A person seeking issuance of a permit pursuant to this chapter shall file with the
director a written application on a form supplied by the city. The application shall include the
following information'.
(5) A written statement in a form approved by the city attorney, whereby the
RAP fadw
applicant agrees to indemnify and hold harmless the city,
ageff@�-, and t6z4F its officers, employees, agents and representatives, from any loss, claim,
liability, or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use, placement and/or maintenance
of a newsrack within the city.
C. Chapter 8.54 "Community Preservation"
(1) Amend Section 8.54,060 "Street," of Article 1, as follows:
8.54.060 Street.
"Street" means the full width of the right-of-way of any street, as defined in the
California Vehicle Code used by the general public, whether or not such street has been accepted
as and declared to be part of the city system of streets, including streets forming a part of the
state highway system, "Street" also includes easements where the city is the grantee of the
easement and property owned by the city of South San Francisco'Ar- tLp.
(2) Amend subsection (k) of Section 8.54.070 "Unlawful property nuisance—Private
property" of Article 11, as follows:
(k) Miscellaneous.
(1) Any other condition or use of property which gives rise to a reasonable
determination that said condition or use represents some threat to the health and welfare of the
public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with
the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment,
use, or property values of such properties.
-2-
W Mn
B. Chapter 6.20 "Newspaper Racks and Banks"
(1) Amend Section 6.20.060 "Application for newsrack permit" as follows:
6.20.060 Application for newsrack permit.
(a) A person seeking issuance of a permit pursuant to this chapter shall file with the
director a written application on a form supplied by the city. The application shall include the
following information'.
(5) A written statement in a form approved by the city attorney, whereby the
RAP fadw
applicant agrees to indemnify and hold harmless the city,
ageff@�-, and t6z4F its officers, employees, agents and representatives, from any loss, claim,
liability, or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use, placement and/or maintenance
of a newsrack within the city.
C. Chapter 8.54 "Community Preservation"
(1) Amend Section 8.54,060 "Street," of Article 1, as follows:
8.54.060 Street.
"Street" means the full width of the right-of-way of any street, as defined in the
California Vehicle Code used by the general public, whether or not such street has been accepted
as and declared to be part of the city system of streets, including streets forming a part of the
state highway system, "Street" also includes easements where the city is the grantee of the
easement and property owned by the city of South San Francisco'Ar- tLp.
(2) Amend subsection (k) of Section 8.54.070 "Unlawful property nuisance—Private
property" of Article 11, as follows:
(k) Miscellaneous.
(1) Any other condition or use of property which gives rise to a reasonable
determination that said condition or use represents some threat to the health and welfare of the
public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with
the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment,
use, or property values of such properties.
-2-
(2) The existence of any condition or use causing dense smoke, gas, soot, cinders or
other particulate matter in such quantities as to render the occupancy of surrounding properties
uncomfortable to a person of ordinary sensibilities.
(3) Any violation of the South San Francisco Municipal Code, including but not
limited to a failure to comply with a term or condition imposed by any agreement, entitlement,
permit, license or environmental document issued or approved by or on behalf of the city=op4he
ageffey.
D. Chapter 20.210 Bay West Cove Specific Plan District
(1) Amend Table 20.210.003 "Land Use Regulations—Bay West Cove Specific Plan
District", as follows:
Table 20.210.003
Land Use Regulations—Bay West Cove Specific Plan District
Ray 'West Cove Planning
Area
Uses Permitted la lb
Public and Semi-Public Use
Classifications
Day Care Centers
P
P
P
P
P
See Section 20.350.014 Day Care
Centers
Park and Recreation Facilities, Public
P
P
P
P
P
Commercial Use Classifications
Eating and Drinking Establishments
P P P P P
See Section 20.350.028 Outdoor
Seating
Food and Beverage Sales
See subclassifications below
Convenience Market
P P P
1 �
See Section 20.350.013
Market
Lodging
See subclassifications below
-Convenience
Hotels and Motels
-
P
-
-
P
Maintenance and Repair Services
P
P
P
P
P
Offices
P
P(l)
P
P
-
Personal Services
P
P
P
p
P
See Section 20.350.030 Personal
Services
Retail
P
P
P
P
P
Employment Use Classifications,
Research and Development
P
P
Specific Limitations:
1. Of use may be permitted in Planning Area lb only if it is proven to the satisfaction of
the Planning Commission R_v,_dv,*_-Iopmeat -Ageopw that a full service hotel project is not viable on the site.
-3-
(2) Amend Section 20.210.004 "Development Standards", as follows:
A. Maximum Floor Area Ratio (FAR). The maximum floor area in Planning Areas
la, 1b, 2 and 3 is 1.2 for Hotels and Motels and .5 for all other uses unless the Redevelop-m-Ant
Agene5 Planning-C following:
grants an FAR bonus in accordance with the f
1 0.4 for Hotels and Motels and 0.2 for all other uses for the incorporation of
Transportation Demand Management (TDM) measures.
1 0.2 for the provision of off-site improvements.
3. 0.2 for Hotels and Motels and 0. 1 for all other uses for projects meeting specified
design standards.
(3) Amend Section 20.210.010 "Transportation Demand Management", as follows:
A. General Requirements—Planning Areas la, 1b, 2 and 3.
1. Transportation Demand Management (TDM). Project sponsors shall implement
a TDM plan to reduce vehicular trips, and shall be required to achieve a minimum 35 percent
alternative mode use by tenant employees.
2. TDM Monitoring Report. The project sponsors shall prepare an annual TDM
report to document a minimum 35 percent alternative mode usage as identified in the Bay West
Cove Supplemental FIR.
a. Required monitoring shall commence two years after a certificate of occupancy is
granted for any building within Planning Area la, 1b, 2 or 3.
b. The report will be prepared by an independent consultant, hired by the City, and
paid for by the project sponsors, working in full cooperation with the on-site TDM coordinator.
C, The report will be based on an employee survey to determine employee commute
methods on a typical workday. All nonresponses will be Counted as a drive alone trip.
3. If the results of the annual report indicate that the TDM program is not achieving
the 35 percent alternative mode usage, the project sponsor will receive a warning and be required
to identify changes in the TDM program which will be undertaken during the subsequent year in
order to achieve the minimum 35 percent standard. If the annual TDM report for the subsequent
year indicates that, in spite of the changes in the TDM program, the 35 percent alternative mode
usage is still not being achieved, the project sponsor may be assessed a financial penalty by the
Rodovohn),m opt Agene Flann for each percentage point below the minimum 35
percent alternative mode use standard, as indicated in the owner participation agreement.
(4) Amend Section 20.210.011 "Public Improvements and Infrastructure", as follows:
A. The public improvements to serve the uses set forth in this chapter may be funded, as
practicable and legally and fiscally feasible, by one or more of the following measures:
1 Contributions and advances by the owner.
'J.1t 1 Qlar tag JFkOB
=32 Assessment districts (including but not limited to public improvement districts,
landscaping and lighting districts and other mechanisms) and bond issues authorized thereunder.
Rode'velopme. i Algmae"ha
-as-
--l-ed
19
(5) Amend Section 20.210.014 "Administration and Implementation ", as follows:
The Bay West Cove specific plan shall be implemented through the review of precise
plans, which sets forth in detail development details for proposed structures and related
improvements and their arrangements on individual parcels; parcel maps, design review and sign
A,
pen-nits. The Redevelo"— 1'.1apRi:.n&.CQnmjsatLqn shall review precise plans, parcel
maps, and sign applications to determine consistency with the Bay West Cove specific plan a0d
the- po
A. Precise Plans. Precise plans shall be governed by the following requirements:
1. No person shall commence any use, erect any structure or make exterior
modifications to any existing structure, parking area or structure, or shall any certificate of
occupancy be issued for any new use or structure or modification until a precise plan has been
approved in accord with this section. The following shall not require the approval of a precise
plan.
a. Change in sign copy on existing sign, or on signs designed to allow a change of
copy; or
b. Changes required in whole or part by a requirement of any governmental agency.
2. Application. When a precise plan is required by the Bay West Cove specific plan,
the precise plan shall be submitted to the Chief Planner
Apepe&y. The -Q shall check each application for completeness
Chief Planner EA-4464 I
and, if the precise plan is deemed incomplete, the Chief Planner —Diffeetoff shall notify
the applicant of any deficiency within 30 days of precise plan submittal.
3. Contents. The following information and drawings shall be required for precise
plan consideration, except that the --- I ... � � �tl- chkd
Planner may require either less or additional information, depending on the nature of the
application:
a. Applicable tentative or final parcel and/or subdivision maps for the area
encompassed by a precise plan;
b. All landscape, hardscape and amenity features with appropriate plant materials
and sizes;
C. Grading and drainage plans, unless the South San Francisco City Engineer
determines such plans are not needed;
d. Architectural plans and exterior elevations indicating profiles and exterior
materials and colors, drawn to scale;
C. Scale drawing of all signs and light standards, with details of height, area, color,
methods of sign illumination;
f. Any other drawings or additional information necessary for the R@d
Planning .Commission to review and make its necessary determinations.
4. Guidelines for Review. In reviewing precise plans, the eat Agoney
Planning Commission shall adhere to the standards set forth within and shall further attempt to
foster and promote the general character and purposes of the specific plan.
5. Design Review. Each precise plan application shall be referred to the design
review board, which shall forward a recommendation to the Planning -Commission
Redovelopm@H4 Ageaey prior to final action on the precise plan.
6. Period of Review. To ensure orderly development of the site, the Plannin
Commission shall act promptly on any request for approval.
- 5 -
7. Cr eefPlanner'sReview P-*------"- n —i -em. The Chief Planner
shall review the application in light of
guidelines and standards set forth herein and shall consult with the staff of the affected
departments in the review of each precise plan. Upon completion of his or her review, the QiLef
Planner, shall submit the precise plan to the Planning Commission
and shall recommend that the Planrirjig.QqTn
zntssloAx
approve, conditionally approve, disapprove, or suggest modifications to the precise plan.
8. Planning Coin mission Decision. The-, Ovelopm
Plannrnw. CQrnmission_shall approve, conditionally approve, disapprove or suggest
modification to the precise plan. No approval shall be unreasonably withheld by the Commission
if the precise plan complies with the specific plan. The Plannin Commission
shall make the following findings in approving or conditionally
approving a precise plan:
a. The proposed precise plan is consistent with the Bay West Cove sSpecific Plan
and the owner participation agreement.
b. The proposed precise plan is consistent with the City's General Plan.
C. The proposed precise plan is consistent with the East of 1.01 Area Plan.
9. Changes to Approved Plans. If significant changes 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, other than those applied as a conditional of approval, shall be reviewed and
approved by the
10. Expiration of Approval. A . caved recisc Galan sha11 la se and sha11 lie
deemed void: a two vears after the date of its aDDroval if a building permit has not been issued
andc�r construction.. as not commenced _o_r has no cepd d w�1h..d e dtl nee fhereaflcr; or h ..
after a_loneruratican as �?ihezwise provided an a roved development areetneiat. C)ne -year
extensions oftbe time may—be granted by e nning Commission. Projects are subiect tca t1�e
hasin , if an established for the buildings within the Vroved precise plan.
B. Variance hmcedure .Where Tactical difficulties annecessM hardships or
results nconsistentwwith the general n_u_ase of tl�e Specific Plan nay result from the strict
aD lication of certain provisions thereof. variances may be granted pursuant to Chapter 20.500 of
the mrtnici a� � cede. , •
,.
,. ...
-6- .
rWringi=�8MV;P. appliestions at Q 4q44
-+L
Mont AgoBoy -8
OP. &2419
ik4tho
Redovolop geney
wig--bQ44114- rxt4w Bay 'Wost Ge*�:spo GVQ401341-1 Vnt 6 ge'Rey=01ay,=J—�
FG&666044, gra"t of deny4-4-w- fillfill the- pufpos@ of the, Bay
Gove 8poei& Pin— 51 Mt
t4m
C. Parcel Maps. Applications for parcel maps within the specific plan areas shall be
governed by the following requirements:
I. Applications for parcel maps shall be prepared in accordance with the
requirements of the City's subdivision ordinance.
2. All lots shall either abut a dedicated and improved street or shall provide like
access in the form of an access easement, or other means acceptable to the City Engineer, to a
dedicated and improved street.
3. Parcel map applications shall be processed in accordance with the standards and
procedures identified in the City's subdivision ordinance qxjt� j in
Ret—,
Gemfaissi944.
E. Chapter 20.220 "Gateway Specific Plan District"
(6) Amend Section 20.220.001 — "Gateway Specific Plan District Purpose", as follows:
The Gateway specific plait provides for the coordinated development of certain property
located in the City of South San Francisco Gateway area so as to take
advantage of the superior environment which can result from large scale comprehensive
planning. The concepts, regulations and conditions established by the Gateway specific plan are
intended to provide for various commercial and research and development land uses integrated
by consistent development standards.
The Gateway specific plan serves to refine and to implement the general plan of the City
of South San Francisco with respect to the specific plan area. The Gateway specific plan further
provides the opportunity to combine the concepts, procedures and regulations of several
documents into one. These documents include the general plan, the redevelopment plan adopted
on June 17, 1981 by Ordinance No. 867-8 1, the Zoning Ordinance and certain aspects of the
Subdivision Ordinance.
The Gateway specific plait establishes the type, location, intensity and character of
development to take place in the specific plan area, while allowing for creative and imaginative
design concepts. The zoning regulations, development standards and other regulations of the
Gateway specific plan are designed to foster well-conceived development of the specific plan
area as a positive community asset of the City of South San Francisco.
(7) Amend Section 20,220.005 -- "Building Improvements", as follows:
7-
All construction shall comply with all provisions of the California Building Code, the
various Mechanical, Electrical and Plumbing Codes, the Uniform Fire Code and the Building
Security Standards adopted by the City of South San Francisco, as amended from time to time.
All buildings and improvements located on any site shall be constructed by the owner of such
site in accordance with the requirements of the Planning JCommission pffleat-A
and in accordance with the following standards, unless an exception is approved in writing by the
Planning Co_m�nission;
A. Exterior Walls. Exterior walls shall be of wood, masonry, concrete or other
equivalent material approved by the Plm Commission n and shall be
finished in a manner acceptable to the.R1ggDjR&QMMjaajffl Redeve lop iffie-W- =Ag"o-Rey.
(8) Amend Section 20.220.007 — "Fences", as follows:
No fence, wall, or similar structure shall be erected, installed or permitted to remain on
any site within 20 feet of the front property line, or within ten feet of a side or rear property line
that is not a street property line, or in front of a building facing the street, without the prior
approval of the Plan
(9) Amend Section 20.220.009 — "Circulation and Parking", as follows:
D. Off-street Parking.
1. Parking Location. Parking shall be permitted within a required setback but shall
not be permitted within 20 feet from any street-side property line or within 20 feet from any
building.
2. Improvements. Paving structural sections for parking areas shall be designed in
accordance with recommendations of a professional soils engineer based on the site's soils'
conditions and projected traffic loadings. Such soils report shall be submitted to the
R0d@N6elopffl@1qt
Planning Commission along with the precise plan for the site.
(10) Amend Section 20.220.011 — "Signs", as follows:
E. Sign Illumination. A sign may be illuminated provided that no flashing,
traveling, animated or intermittent illumination shall be used. Such illumination shall be confined
to the area of the sign except when such illumination is backlighting for an otherwise
nonilluminated sign. No colored illumination, other than white, shall be used without prior
approval by the .0.22001
(11) Amend Section 20.220.012 — "Administrative Provisions", as follows:
C. Master Plan and Precise Plan Procedures.
I Application. Master Plan and Precise Plan applications shall be submitted to the
Plapj ivisio C n. The hief Planner
-shall check each application for completeness
and, if the Master Plan or Precise Plan is deemed incomplete, the Chief PhLimgg F*e�
shall notify the applicant of the deficiency within 30 days of submission of the master
plan or precise plan kkhe=ag4-,ney.
-8-
2. Contents. The following information and drawings shall be required for Master
Plan or Precise Flan consideration, except 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 reaps within the area covered by the
proposed precise plan;
b. A legal and physical description of the site including boundaries, casements,
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 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 full -size 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; and
h. A Phasing Plan shall be required as part of a Master Plan application.
i. Any other drawings or additional information necessary for the Pl_annin
Commrission to review and make its determination as required hereby.
- 3.� Guidelines for Review. In reviewing precise plans pursuant to the Gateway
specific plan, the Planning Commission shall review to ensure
consistency with an approved. Master Plan for the site, 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 specific plan area as set forth in this charrte -and the owner
participation agreement.
4. Period of Review. To ensure the orderly development and marketing of property
in the specific plan area, the Planning-C mmissian shall act promptly on
any request for its approval.
5. Design Review. Each application for a master plan or precise plan shall be
referred to the design review board, which shall formulate a recommendation to the Planning
Commission The PlannnCommission shall adopt design guidelines for master
plan, research and development, and office/sales/service projects.. These guidelines, which may
be amended from time to time, shall provide the standards for the design review of these
projects.
6. Ch ,e Planner's Review. The Chief Plarwlue_r
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 master plan or precise plan. Upon
completion of his or her review and consultations, the Chief Planner shall
submit the master plan or precise plan to the Planning Commission
Agetwy and shall recommend that the Pla—nning Commission
-9-
approve, conditionally approve, disapprove or suggest modifications to the master plan
or precise plan.
7. Plqvning Commissim Agwen_jp Approval Decision. The Flpar nivri _
ommr issiori approve, conditionally approve, disapprove or
suggest modifications to the master plan or precise plan. Any conditions shall be reasonable, and
designed to assure attainment of the standards set forth in this chapter. No approval shall be
unreasonably withheld by the board if the master plan or precise plan shall be within the
standards set forth in this chapter.
$. Mandatory Findings for Approval. The PL
nni n
=& Commission Redevelopm
y --shall review precise plans submitted for approval to determine whether they are
consistent with the Gateway specific plan, and the owner participation
agreement. The Planning Corrnm_ issit�n shall make the
following findings before approving or conditionally approving any master plan or precise plan:
a. The project 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 precise plan is consistent with the
owner participation agreement.
d. The project proposed in the master plan or precise plan is consistent with the
general plan.
9. Changes after Approval. if significant changes to an approved master plan or
precise plan are desired by the applicant, a revised master plan or precise plan shall be submitted
and processed according to the procedures established herein for approval of the original master
plan or precise plan. revisions which are minor in nature, other than those applied as a condition
of approval, shall be reviewed and approved by the Chief Planner
Any changes to the phasing plan approved as part of a faster Man shall
be subject to approval by the Pianninomnnission
10. Expiration of Approval. Any an rrrooved precise elan shall lapse and shall be
el erred void: Ca) two nears after the date of its approval if a build;- -ennit has not been issued
and /or construction has_not comrrtenced or has na...._tz °oceeded with due diligence thereafter or b
after a loner duration as otherwise provided in an apar��d development. ai?reeinent. Gne -year
extensions of the time - abed by the planning Commission. Projects are subject to the
_.
rahasin if any established for the buildings within the a�roved precise
D, Variance :Procedures. Where riractical difficulties, unnecessar h% hi
results inconsistent rth_.heenealu ote 5ecfic_lan piano result from the strict
ap 11cation of certain rovis ons thereof variances n ay lie.. ;anted x_s_uan ? ha ter 20.500 of
the rnunxci_pal code a ssoy
-10-
F. Chapter 20.390 "Bonus Residential Density"
(12) Amend Section 20.390.008 — "Expiration of Affordability Tenure", as follows:
A. At the end of the minimum tenure for rental units in projects containing target
units or for-sale target dwelling units, a notice of availability of the rental project or for-sale
target dwelling unit(s), shall be prepared by the property owner and submitted to the Economic
and —Communi=ty Development Within 90 days of
the notification of availability of the rental project or for-sale target dwelling unit(s), the City or
its designee has the first right of refusal to buy the rental or for-sale target dwelling unit(s) for the
purposes of providing affordable housing. Under this option, the City or its designee will make a
good-faith effort to close escrow within 90 days. The sales price of the rental project or for-sale
unit(s) shall be the fair-market appraised value at the time of sale, assuming continued
affordability restrictions. The fair-market valuation of the rental project or for-sale target
dwelling unit(s) shall be determined by an appraisal made by an agent mutually agreed upon by
the City and the property owner. Costs associated with the appraisal shall be borne by the
property owner.
(13) Amend Section 20.390.009 — "Density Bonus or In-lieu Incentive Application. and
Review Process", as follows:
_11-
A. General. All residential projects requesting a density bonus, additional
incentive(s) or in-lieu incentives pursuant to this chapter, shall be required to comply with the
following application requirements:
I. Application for On-Site Target Dwelling Units. Target dwelling units proposed
to be developed within the same project site requiring such units shall be designated on the
project plans and shall be processed under a site development plan application in addition to the
otherwise required project development application(s) (i.e., tentative maps, parcel maps, planned
unit developments And Conditional Use Permits &qd. r-edev@!"M The site
. Arid
development plan shall be processed pursuant to Chapters 19 ("Subdivisions") and 20
("Zoning") of the South San Francisco Municipal Code. No additional hearings or approvals
shall be required, except as provided herein with regard to the provision of financial incentives.
If the application involves a request to the City for direct financial incentives, then any action by
the Planning Commission on the application shall be advisory only, and the City Council shall
have the authority to make the final decision on the site development plan application and any
related discretionary permits.
(14) Amend Section 20.390.010 - "Inclusion of Density Bonus Housing Agreement as a
Condition of Development", as follows:
.390.009
A. Applicants/developers, requesting a density bonus, additional incentives or in-lieu
incentives pursuant to this chapter, shall demonstrate compliance with this chapter by the
preparation and approval of a density bonus housing agreement. A density bonus housing
agreement shall be submitted by the applicant to the City. The terms of the draft agreement shall
be reviewed by the Ch of who shall formulate a recommendation and refer the matter to
the Economic and Community Develo ent Director or his/hff desi ice for final .a._. [mi _RLoval.the
"I Q�:M tof=im A 1 4
r.__4ffgwd4fE* d 0 apment,
rme@E)nqR4P.Rdi----d --f�Or- ri -M ji—pim arb-i-049er de
Following the approval and the signing by all parties, the completed density
bonus housing agreement shall be recorded and the relevant terms and conditions there from
filed and recorded as a deed restriction on those individual lots or units of a property which are
designated for the location of target dwelling units. The approval and recordation shall take place
prior to final map approval, or, where a map is not being processed, prior to issuance of building
permits for such lots or units. The density bonus housing agreement shall be binding to all future
owners and successors in interest.
F. Chapter 20.440 "Planning Agency"
(15) Delete Section 20.440.003 - "Redevelopment Agency", in its entirety, as follows:
-12-
LK;
.............
Saw"
-12-
(16) Amend Section 20.440.004 – "Planning Commission", as follows:
The Planning Commission is established and organized pursuant to Chapter 2.56 ("Planning
Commission") of the South San Francisco Municipal Code and the requirements of the
California Government Code. The powers and duties of the Planning Commission under this
Ordinance include, but are not limited to:
D. Initiate, conduct hearings, and make recommendations to the City Council
dovoi@P4,�Holqt 4 geney on. proposed Specific Plans and plan amendments pursuant to the
provisions of Chapter 20,530 ("Specific, Plans and Plan Amendments").
E. Approve, conditionally approve, modify or deny Conditional Use Permits
Plans
except within Teuabay Specific Plan. District and variances pursuant to the provisions of
Chapter 20.490 ("Use Permits"), and Chapter 20.500 ("Variances").
G. Conduct hearings and make recommendations to the City Council on applications
for preliminary development plans pursuant to the provisions of Chapter 20.140 ("Planned
Development District") and Precise Plans within the Terrabgy $pc—L
if c,
-
-g-Plan District
(17) Amend Table 20.440.011 – "Review Authority", as follows:
NFROMONW.
K"-MF%"
M-1-T
(16) Amend Section 20.440.004 – "Planning Commission", as follows:
The Planning Commission is established and organized pursuant to Chapter 2.56 ("Planning
Commission") of the South San Francisco Municipal Code and the requirements of the
California Government Code. The powers and duties of the Planning Commission under this
Ordinance include, but are not limited to:
D. Initiate, conduct hearings, and make recommendations to the City Council
dovoi@P4,�Holqt 4 geney on. proposed Specific Plans and plan amendments pursuant to the
provisions of Chapter 20,530 ("Specific, Plans and Plan Amendments").
E. Approve, conditionally approve, modify or deny Conditional Use Permits
Plans
except within Teuabay Specific Plan. District and variances pursuant to the provisions of
Chapter 20.490 ("Use Permits"), and Chapter 20.500 ("Variances").
G. Conduct hearings and make recommendations to the City Council on applications
for preliminary development plans pursuant to the provisions of Chapter 20.140 ("Planned
Development District") and Precise Plans within the Terrabgy $pc—L
if c,
-
-g-Plan District
(17) Amend Table 20.440.011 – "Review Authority", as follows:
Found Ap lication or, F
P in
Advisory 136dy,, ',Decision Maker
peal Andy
'7
ActionType,
Permits
Commission
Design Review
20.480
Design Review
Chief Planner or
Planning
�Board
Planning Commission
Commission or
City Council
Minor Use Permits
20.490
N/A
Chief Planner
Planning
Commission
Conditional Use
20.490
Chief Planner
Planning Commission
City Council
Permits
Variances
20.500
Chief Planner
Planning Commission
City Council
Certificates of
2.56
N/A
Planning Commission
City Council.
Alteration
Master Sign Program
20.360
Advisory Body of
Review Authority of
Appeal Body of
Associated
Associated Project
Associated Project
Project Pen-nit
Permit
Permit
'-Precise Plans
20.2110
Chief Planner
Q �ammission
Planning-
Council
Qtyf i
�abay
(g,x�cludin�Terr
20220
20.230
- - --------- -
Type D Scretionary Legislative Actions
. ....... . .
PreqdaePlans.
20.240
Plannin
it -ouncil
u eno,r our,
agen�aba
Commission
Specific Plans and
20.530
Planning
City Council
Superior Court
Plan Amendments
Commission
General Plan Text and
20.540
Planning
City Council
Superior Court
Map Amendments
Commission
Zoning Ordinance and
20.550
Planning
City Council
Superior Court
Map Amendments
Commission
Prezoning
-
20.560
Planning
City Council
Superior Court
Commission
G. Chapter 20,450 "Common Procedures"
(18) Amend Section 20.450.013 - "Indemnification", as follows:
A. Agree to Defend, Indemnify, and Hold Harmless. When submitting an
application for a discretionary approval in compliance with this Ordinance, except for those
identified in subsection B, below, the applicant shall agree, as part of the application, to defend,
indemnify, and hold harmless the City of South San Francisco, tho Gity @f SoiAth gem Fu
-14-
Rp.dev�4opmefA Agen and its agents, officers, and employees from any action, claim, or
proceeding brought against the City or its agents, officers, or employees which challenges the
validity of any approval by the City, its agencies, boards, Commission, or Council. The
indemnification shall apply to any attorney fees, costs of suit, damages, or other expenses
awarded against the City, its agents, officers, and employees in connection with the action.
H. Chapter 20.530 "Specific Plans and Plan Amendments"
(19) Amend Section 20.530.004 — "Initiation", as follows:
A Specific Plan may be initiated by:
A. Any qualified applicant identified in Section 20.450.002 ("Application Forms and
Fees");
B. A motion of the City Counci , Re-AW101--l-p-piqw-w Agonoy, or Planning Commission;
C. A verified petition of at least 10 percent of the registered voters of the City; or
D. A person who has entered into a* a valid and enforceable agreement with the
former Redevelopment Agency for the possible assembly of the property affected by the
proposed Specific Plan.
(20) Amend Section 20.530.009 — "Review Procedures and Public Notice", as follows:
20,530. A. Staff Report. The Chief Planner shall prepare a report and recommendation to
the Commission on the application for a Specific Plan. The report shall include, but is not limited
to, a discussion of how the proposed Specific Plan complies with the purposes of this chapter, a
determination as to whether the proposed amendment will require amendment to other plans that
the City Council A--,- Nike has adopted, and an environmental
assessment prepared in compliance with the California Environmental Quality Act.
(21) Amend Section 20.530.012 --- "Required Findings", as follows:
20.530.011
The Planning Commission shall not recommend and the City Council
Aganey shall not adopt a Specific Plan unless the following findings are made:
A. The Specific Plan implements and is consistent with the General Plan;
& The Specific Plan will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City;
C. The Specific Plan area is physically suitable for the proposed land use
designation(s) and the anticipated development; and
D. The proposed development will be superior to development otherwise allowed
under conventional zoning classifications.
(22) Amend Section 20.530.0123 — "Amendment Procedure", as follows:
A Specific Plan may be amended to change the text or land use designation in the same
manner as was adopted,, �1 4-13-m t4G speoifi - pla" rnalr 41"� QMP:"4,:-,4 a- 43- ALRge-pned
noeessaf-y bY=4-1-e=G4y="mAPA=Of=t4o 7.. whor-e th@ Ago" adep
_t5_
SPOGifiG AM W -Q I I -.Amcndmcnt of a Specific Plan is subject to the
same findings as prescribed for the initial approval.
(23) Amend Section 20.530.01.4 - "Specific Plan Administration", as follows:
A specific plan may be implemented through precise plans, which set forth in detail
development criteria for proposed structures and related improvements and their arrangements
on individual parcels; parcel maps, design review, and sign pen-nits.
A. No discretionary entitlement applications or other permits may be approved,
adopted or amended within an area covered by a Specific Plan, unless found to be consistent
with the adopted Specific Plan.
the 8-0
Chapter 20.540 "Amendments to General Plan"
(24) Amend Section 20.540.003 - "Initiation", as follows:
An amendment to the General Plan may be initiated by:
A. Any qualified applicant identified in Section 20.450.002 ("Application Forms and
Fees");
B. A motion of the City Council or Planning Commission;
C. A verified petition of at least 10 percent of the registered voters of the City; or
D. A person who has entered into m a valid and enforceable - - agreement with the
former Redevelopment Agency for the possible assembly of the property affected by the
proposed amendment.
(25) Amend Section 20,540,005 - "Review Procedures and Public Notice", as follows:
A. Staff Report. The Chief Planner shall prepare a report and recommendation to
the Planning Commission on the application for a General Plan amendment. The report shall
include, but is not limited to, a discussion of how the proposed amendment complies with the
purposes of this chapter, a determination as to whether the proposed amendment will require
amendment to other plans th at the City Council has he,-,,-e adopted,
and an initial environmental assessment prepared in compliance with the California
Environmental Quality Act.
J. Chapter 20.550 "Amendments to Zoning Ordinance and Map"
(26) Amend Section 20.550.003 - "Irfitiation", as follows:
IN
Fees");
An amendment to the text of the Zoning Ordinance or to the Zoning Map may be initiated
A. Any qualified applicant identified in Section 20.450.002 ("Applicatio• Forms and
-16-
B. A motion of the City Council or Planning Commission;
C. A verified petition of at least 10 percent of the registered voters of the City; or
D. A person who has entered into an a valid and enforceable agreement with the
former Redevelopment Agency for the possible assembly of the property affected by the
proposed amendment.
K. Chapter 20.630 "Terms and Definitions"
(27) Amend Section 20.630.001 — "'List of Terms", to delete the term "Redevelopment
Agency" as follows:
(28) Amend Section 20.630.002 — "Definitions", to delete the terra and definition for
"Redevelopment Agency" as follows:
SECTION 11. 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 ph-rase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
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 Clcrk 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 (30) days from and
after its adoption.
-17-
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the
13'h day of February, 2013.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City
Council held the 27`x` day of February, 2013 by the following vote:
AYES: Councilmembers Mark N. Addiego, Richard A. Garbarino and Pradeep Gupta,
Mayor Pro Tern Kgyl Matsumoto and Ma or Pedro Gonzalez
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Deputy City Clerk