Loading...
HomeMy WebLinkAboutOrd 1318-2003ORDINANCE NO. 1318-2003 AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 20.63 (TERRABAY SPECIFIC PLAN DISTRICT) WHEREAS, the existing Terrabay Specific Plans, Chapter 20.63 and the Terrabay Development Agreement allow development of the Terrabay Project; and WHEREAS, in November 2000, the City Council approved the Final Terrabay Specific Plan and the Restated and Amended Development Agreement; and WHEREAS, the Final Terrabay Specific Plan and Terrabay Specific Plan Zoning District Ordinance were amended by the City Council on June 26, 2002; and WHEREAS, Chapter 20.63 is proposed to be amended to impose setback requirements based on the type of accessory structure constructed, implement a name change for the 70 unit paired housing development, remove retaining walls from the definition of accessory structure and to require a Minor Use Permit if a proposed project would adversely impact drainage or slope stability; and WHEREAS, the amendments to the ordinance are within the scope of the project as defined in the Final Terrabay Specific Plan and the 1982 EIR, 1996 SEIR, 1998-99 SEIR and Addenda, prepared in accordance with the California Environmental Quality Act ("CEQA"), and said documents adequately describe the activities regulated by the proposed amendments; and WHEREAS, the adopted Mitigation Monitoring and Reporting Program for the project remains unchanged and in full force and effect in accordance with the EIR's, SEIR's and Addenda thereto; and WHEREAS, the amendments to Chapter 20.63 do not result in an increase in land use or development intensity over that analyzed in the 1982 EIR, the 1996 SEIR and the 1998-99 SEIR and Addenda thereto; and WHEREAS, based on all the evidence in the record, including but not limited to the contents of the above CEQA documents, the City has determined pursuant to section 15061(3) the proposed amendments are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the amendments merely clarify and implement development criteria already analyzed in prior CEQA documents, there is no possibility that the proposed amendments will have a significant effect on the environment. Therefore, the amendments are exempt under CEQA Guidelines Section 15061(3); and WHEREAS, pursuant to CEQA Guidelines Section 15303(e), "New Construction or Conversion of Small Structures," the construction and location of accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences are categorically exempt; and WHEREAS, provisions included in the amendments require further CEQA review if, due to the unique character of the individual project authorized under the ordinance, unusual circumstances exist that may give rise to the project having a potentially significant environmental effect; and WHEREAS, on December 5, 2002, the Planning Commission held a properly noticed public hearing to consider the proposed amendments to the Final Terrabay Specific Plan District Zoning Ordinance and recommended that the City Council adopt the proposed amendments by a 7 to 0 vote; and WHEREAS, the City Council desires to amend Chapter 20.63 to implement the proposed regulations; and WHEREAS, on December 11, 2002, the City Council held a properly noticed public hearing to consider the proposed amendment to Chapter 20.63. NOW, THEREFORE, based on all evidence in the record, including the foregoing recitals, the City Council of the City of South San Francisco does hereby ORDAIN as follows: Section 1. FINDINGS. (a) (b) The proposed amendments to Municipal Code Chapter 20.63 are consistent with the General Plan and Final Terrabay Specific Plan, as amended. Modifications to Chapter 20.63, as proposed, do not alter the approved land use, development intensity or design criteria articulated in the General Plan and the Final Terrabay Specific Plan. The purpose and effect of the amendments is to clarify existing regulations and provide an understandable means by which to administer the project. Therefore, the proposed amendments are implementing measures that do not affect the previously approved General Plan and Final Terrabay Specific Plan and are thus consistent with the approved Plans. In recommending approval, the City Council relies on the extensive findings in the record, including environmental analyses articulated at prior public hearings on the project, including the duly noticed public heating of December 11, 2002. As an implementing measure, the Terrabay Specific Plan District Zoning Ordinance is consistent with the General Plan and the Final Terrabay Specific Plan. Proper environmental documentation has been amendments to Municipal Code Chapter 20.63 Guidelines Sections 15061(3) and 15303(e). prepared for the proposed in accordance with CEQA 2 ""' Section 2: AMENDMENT TO CHAPTER 20.63 Chapter 20.63.130, Special Regulations applicable within the Terrabay residential district, of the South San Francisco Municipal Code shall be amended as set forth below. 1. 20.63.010 Definitions. (a) "Accessory structure" refers to structures such as landscape arbors, hot tub platforms, decks and fences; and 2. 20.63.130 District. Special Regulations Applicable Within the Terrabay Residential The following special regulations shall apply to development within the Terrabay Residential District: (a) Independent and accessory structures shall be govemed by the following setbacks: (i) Mandalay Point may be designed with entry stairs and entry roofs that encroach into the side setback to the extent permitted by the Uniform Building Code. (ii) Side and rear yards shall maintain a minimum setback of not less than three feet, except as provided in (i) above. Stairs that follow the grade may be constructed along the side yard setback between a primary structure (house) and a fence. (iii) Paving shall be not closer than a minimum of one foot from the side and rear property lines. (iv) Hot tubs or spas shall maintain a minimum setback of five feet from any side or rear property line. (v) Gazebos, Arbors and Similar Structures. Gazebos and arbors shall not exceed 12 feet in height at the ridge. Gazebos, Arbors and Similar Structures shall be set back from side and rear property lines a minimum of three feet. (vi) Fountains and similar water features shall be set back a minimum of one foot from side and rear property lines. (vii)Garden sheds and similar storage structures shall be set back from side and rear property lines a minimum of five feet. The maximum height of garden sheds and similar structures shall be six feet. No garden shed or similar storage structure shall exceed 120 square feet in total area. (viii) Fences installed as a part of the project shall be replaced in kind as required for upkeep and repair. View fences shall be replaced with view fences as necessary. (ix) Any structure which in the opinion of the Chief Planner adds significant bulk and/or mass to the building shall not be permitted. Examples of such types of structures included fixed and solid patio covers. (x) If upon review of the applicable permit, modifications to a lot, including but not limited to landscaping, construction of accessory structures, retaining walls or paving the City determines the proposed project, based on standard engineering and hydrologic practices and the project plans, may adversely affect drainage or slope stability, the applicant shall be required to apply for a Minor Use Permit which may, based on an Initial Study, necessitate further environmental review. o In addition to the foregoing, where the name "Hillcrest" appears in Chapter 20.63 it shall be amended to state "Mandalay Point." Section 3: SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. 4 Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 11th day of December 2002. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 8th day of January 2003, by the following vote: AYES: NOES: ABSTAIN: Councilmembers Joseph A. Femekes, Richard A.Garbarino, Sr., and Raymond L. Green, Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez None. None. ABSENT: None. ATI'EST: /"~,~t rtl /~, Ci~/Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 8th day of January 2003. . -/) ~ ~,~, CllAPTER 20.63 TERRABAY SPECIFIC PLAN DISTRICT Sections: 20.63.005 20.63.010 20.63.020 20.63.030 20.63.050 20.63.060 20.63.070 20.63.080 20.63.090 20.63.100 20.63.110 20.63.120 20.63.130 20.63.140 20.63.150 20.63.160 20.63.165 20.63.170 20.63.180 20.63.190 20.63.200 20.63.210 20.63.220 20.63.230 20.63-240 20.63.250 Terrabay Specific Plan District Established. Definitions. Regulations Generally. Uses Permitted. Site Design And Grading. Street Standards. Transportation Systems Management. Parking. Utilities. Landscaping. Parks & Recreation Facilities. Environmental Quality. Special Regulations Applicable Within The Terrabay Residential District. Special RegulatiOns Applicable Within The Terrabay Commercial District. Development Procedure Generally. Precise Plan And Subdivision Maps--Generally. Tentative Subdivision Maps, Vesting Tentative Maps Or Parcel Maps - Submittal - Processing. Precise Plan ---Submittal-- Initial Reviews. Precise Plan--Contents. Precise PlanmAction By Secretary Of Planning Commission. Planning Commission Report On Precise Plan. Precise Plan ---Action By City Council. Mandatory Findings For Approval Of Precise Plan. Amendments To Approved Precise Plan. Expiration Of Precise Plan Approval. Permits From Other Agencies. November 27. 200~November 26, 2002 ~:\tbavzonin ~,ord D~cS.DO~C:\tbayzoningord.DOC 20.63.260 Permissible Types of Construction. 20.63.005 Terrabay Specific Plan District Established. A zoning district entitled "Terrabay Specific Plan District" is established consisting of, and in all respects consistent with, the regulations contained in the Terrabay Specific Plan. The district boundaries shall be as described in Exhibit A to Ordinance 915-83 and as shown on the map which is Exhibit B to Ordinance 915- 83, on file in the office of the City Clerk and incorporated herein by reference. A copy of the specific plan map is reproduced at the end of this chapter. (Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 1050 § 29 (part), 1989) 20.63.010 Definitions. The following definitions supplement those contained in Chapters 1.04, 19.08 and 20.06. (a) "Accessory structure" refers to structures such as landscape arbors, hot tub platforms, decks and~ fences,, and tiered or stepped retaining walls. Co) "Assisted Parking" refers to incoming passenger vehicles that are parked by their own drivers until all or most of the striped spaces in the garage are utilized. From that point, until the garage empties out to avail adequate striped spaces, incoming/outgoing driver/owners drop- off/pick-up their cars at a designated drop- off/pick-up point within the garage m/from valet parking personnel. (c) "Building," means the principal structure or structures on any site, including all projections or extensions thereof, and all garages, outside platforms, outbuildings, docks and other similar structures. (d) "Buffer Parcel" refers to the 2.69-acre parcel located adjacent to and south of the Preservation Parcel. Permitted uses in the Buffer Parcel may include, for example, Page 1 20.63.110 Parks and Recreation Facilities. All parks and recreation facilities in the Terrabay Specific Plan DistriCt shall be designed and constructed in accordance with the standards set forth in the Terrabay Specific Plan. (Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915 § 4 (part), 1983) 20.63.120 Environmental Quality. All measures necessary to protect environmental quality shall be implemented as set forth in the Terrabay Specific Plans, the Environmental Impact Reports for the Terrabay Specific Plans (1982 EIR, 1996 SEIR and 1998- 99 SEIR) and the Habitat Conservation Plan, including any amendments to the Plans and any supplemental or subsequent environmental impact reports. (Ord. 1263 Exh. A (part), 1999: Ord. 1244 (part), 1999: Ord. 915§4 (part), 1983) 20.63.130 Special Regulations Applicable Within the Terrabay Residential District. The following special regulations shall apply .to development within the Terrabay Residential District: (a) Independent and accessory structures shall be governed by the followine setbacks:No single independent structure shall be built xvithin eight feet of any other single independent stmoture except that retaining walls, fonoec and other similar accessory structures as defined in Section 20.63.010 (a) of this Ordinance may be setbadc no lest than five feet from an independent stmt:ture (i) and the Single Family Paired Units (IIillcrest Neighborhood) Mandalay Point may be designed with entry stairs and entry roofs that encroach into the side setback to the extent permitted by the Uniform Building Code. (ii) Side and rear yards shall maintain a minimum setback of not less than three feet. except as provided in (i) November 27. 200_2November 26, 2002 C:\tbavzonin~ord Dec5.DO_CC;\tbayzoningord. DOC above. Stairs that follow the grade may be constructed along the side yard setback between a primary structure (house) and a fence. (iii) Paving shall be not closer than a minimum of one foot from the side and rear property lines. (iv) Hot tubs or spas shall maintain a minimum setback of five feet from any side or rear prot)erty line. Gazebos, Arbors and Similar Structures. Gazebos and arbors shall not exceed 12 feet in height at the ridge. Gazebos, Arbors and Similar Structures shall be set back from side and rear property lines a minimum of three feet. (vi) Fountains and similar water features shall be set back a minimum of one foot from side and rear property lines. (vii) Garden sheds and similar storage structures shall be set back from side and rear property lines a minimum of five feet. The maximum height of ~arden sheds and similar structures shall be six feet. (viii) Fences installed as a part of the proiect shall be replaced in kind as required for upkeep and repair. View fences shall be replaced with view fences as necessary. fix) Any structure wlfich in the opinion of the Chief Planner adds significant bulk and/or mass to the building shall not be permitted. Examples of such types of structures included fixed and solid patio covers. Page 8 If upon review of the applicable permit, modifications to a lot, including but not limited to landscaping, construction of accessory structures, retainin~ walls or paving the City determines the proposed project, based on standard engineering and hydrolOgic practices and the project plans, may adversely affect the performance of the drainage of the lot or slope stability, the applicant shall be required to apply for a Minor Use Permit which may, based on an Initial Study, necessitate further environmental review. (b) No part of permitted structure shall be constructed within five feet of any projected curbline for a private road. (c) Accessory buildings, as defined in South San Francisco Municipal Code § 20.0-56.050(b), are only permitted when constructed at the time the residential structure is constructed. (d) Accessory structures as defined in Section 20.63.010 (a) of this Chapter may be constructed upon obtaining City review and any required building permits. (e) One sign not over four square feet in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be located is permitted. (f) Permitted Height: (1) Phase I - Village and Park Neighborhoods (Single-family detached and Townhomes) a. Maximum permitted height shall not exceed thirty (30) feet. b. Height is measured from the roofline to the ground directly beneath it. November 27. 2002November 26, 2002 C:\tbavzonin~ord D¢c5.DO _~C :~tba~.onin gord, DOC (2) Phase II - Woods Neighborhood (Single-family detached) a. Maximum permitted height shall not exceed thirty-five (35) feet with sixty (60) percent of the roof plate being at or below thirty (30) feet. b. Height is measured from the highest point of the roof structure to a point below or directly parallel to that point where the exterior facade of the building intersects the finished grade. (3) Phase II/III - Residential Heritage Neighborhood (Condominium/Apartment Tower) - a. The maximum height shall not exceed 200 feet. b. Height is measured from the top of the uppermost parapet down to finished grade at the point below or directly parallel to that point where the exterior facade of the building intersects the finished grade. c. Below finished grade parking structures are not included in the maximum height calculation. (5) Mandalay Pointllillcrest Neighborhood (Single-family Paired Units) a. Maximum height shall not exceed shall not exceed forty feet. b. Height is measured from the highest point of the roof structure to a point below or directly parallel to that point where the exterior facade of the building intersects finished grade. (g) Materials used in the Terrabay Residential District shall be consistent with the requirements of the applicable Terrabay Specific Plan and the City's design review process. Internal Roadway Systems. Standards. (1) A public residential collector street shall be constructed in the Terrabay Residential Page 9