HomeMy WebLinkAboutReso 71-2014RESOLUTION NO. 71 -2014
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ADOPTING A MITIGATED NEGATIVE
DECLARATION; UPHOLDING THE PLANNING COMMISSION
APPROVAL OF PROJECT P 12 -0048, INCLUDING UPM 12 -0003,
DR12 -0022 AND ND12 -0003, WITH MODIFICATOINS TO
CONDITION OF APPROVAL C.III, BASED ON THE ATTACHED
FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS
OF APPROVAL
WHEREAS, Robert E. Simms ( "Applicant ") submitted an application requesting approval of
a Use Permit Modification (UPM12- 0003), Design Review (DR12- 00022) and Negative Declaration
(ND 12-0003) to allow expansion of the existing parking facility with the construction of a seven -
level parking structure, 501,424 square feet, adding 1,531 additional parking spaces, at 195 N.
Access Road, in South San Francisco, in the Mixed Industrial (MI) Zoning District ( "Project "); and
WHEREAS, on March 6, 2014 the South San Francisco Planning Commission ( "Planning
Commission ") held a public hearing and approved Project P12 -0048, including Use Permit
Modification UPM12 -0003, Design Review DR12 -0022 and a Mitigated Negative Declaration
ND12 -0003, based on findings and subject to conditions of approval; and
WHEREAS, on March 17, 2014, Robert E. Simms ( "Appellant "), submitted a timely letter
of appeal challenging Condition of Approval C.III, related to the imposition of the East of 101
Traffic Impact Fee on the Project; and
WHEREAS, the City Council, consistent with the provisions of the California Environmental
Quality Act (Public Resources Code, § § 21000, et seq., ( "CEQA ")) and CEQA Guidelines, analyzed
the potential environmental impacts of the Project, and by this resolution, exercises their independent
judgment regarding the Project.
NOW, THEREFORE, BE IT RESOLVED 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 General Plan and General Plan EIR; the South San Francisco
Municipal Code; the Project application; all site plans, all reports, minutes, public testimony
submitted as part of the Planning Commission's duly noticed March 6, 2014 meeting, and Planning
Commission deliberations; and all reports, minutes, public testimony submitted as part of the City
Council's duly noticed May 14, 2014 and June 11, 2014 meetings, and City Council deliberations;
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 hereby adopts the Initial Study /Mitigated Negative
Declaration (IS /MND) for the Project, based on the findings set forth in the IS /MND and as set forth
in the March 6, 2014 Planning Commission staff report.
BE IT FURTHER RESOLVED that based on the Findings of Approval, attached as Exhibit
A to this Resolution, and subject to the Conditions of Approval, attached as Exhibit B to this
Resolution, the City Council of the City of South San Francisco hereby denies the appeal, upholds
the Planning Commission's decision, and approves application P12 -0048, including UPM12 -0003,
DR 12-0022, and ND12 -0003.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon
its passage and adoption.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the I I"' day of June,
2014 by the following vote:
AYES: Councilmembers Mark N. Addiego, Pradeep Gupta, and Liza Normandy
Vice Mayor Richard A. Garbarino and Ma oy r Karvl Matsumoto
NOES: None
ABSTAIN:
ABSENT: None
ATTEST:
Anna Brown, Deputy City Clerk
EXHIBIT A
CITY COUNCIL FINDINGS OF APPROVAL
CITY COUNCIL FINDINGS OF APPROVAL
AP14 -0001 (P12 -0048: UPM12 -0003: DR12 -0022: ND12 -0003)
195 N. ACCESS ROAD
(June 11, 2014)
As required by the Use Permit Procedures ( SSFMC Section 20.490), the following findings are made
in support of a Use Permit Modification to allow an expansion of an existing seven -level parking
structure, adding approximately 501,000 square feet (1,531 spaces), to the Park SFO parking facility
at 195 North Access Road in the Mixed Industrial (MI) Zoning District in accordance with SSFMC
Chapter 20.110, 20.460, 20.480, 20.490 & 20.510, based on public testimony and materials
submitted to the South San Francisco Planning Commission which include, but are not limited to:
Application materials ( "Project Narrative" and "Project Plans ") prepared by the applicant, dated
submitted June 14, 2012 and supplemented on October 30, 2013; Minutes of the Design Review
Board dated July 17, 2012; Planning Commission staff report and minutes dated March 6, 2014; and
Planning Commission meeting of March 6, 2014, and City Council staff report and meetings of May
14, 2014 and June 11, 2014.
Use Permit Findings
A. The proposed airport parking facility expansion is consistent with the South San Francisco
General Plan, which designates this site for Mixed Industrial uses, because the proposed use
is a general service/ service commercial use, and service commercial uses are specifically
listed as allowed land uses under the Mixed Industrial designation.
B. The proposed Project is consistent with the East of 101 Area Plan and design principles and
policies identified in Policy DE -57, because the Project has been designed to meet the
standards set forth for streetscape, landscape buffers, building orientation and massing,
lighting, building height, design and materials. The site currently has perimeter landscaping
that will be retained and additional landscaping will be added as part of the expansion.
C. The proposed Project will not be adverse to the public health, safety, or general welfare of
the community, nor detrimental to surrounding properties or improvements. The proposed
Project is for an expansion to an existing facility that is currently in operation without issue.
The use is consistent with the zoning and General Plan in providing a service use. Any
anticipated environmental impacts can be mitigated to a level that is less than significant with
the implementation of the proposed mitigation measures. In addition, Staff has incorporated
specific conditions under which the proposed use will be maintained and operated, to reduce
any likelihood that the use will produce adverse safety or land use impacts on the
surrounding area.
D. The proposed airport parking facility expansion use complies with East of 101 Plan Area
design standards. The expansion has been designed to match the existing structure and is
consistent with the standards for this area. The Project meets all of the applicable zoning
district standards with the exception of SSFMC 20.330.010(L)(8), which requires a minimum
of a 24 -inch perimeter of landscaping around rooftop parking lots. The applicant is seeking a
Waiver and Modification to this standard, and based on the findings contained herein, the
Waiver is warranted.
E. The design, location, size, and operating characteristics of the proposed activity would be compatible
with the existing and reasonably foreseeable future land uses in the vicinity because the
proposed use is an expansion of an existing use that has operated successfully at this site for twelve (12)
years. The expansion will not alter the operating characteristics and will be compatible with the existing
use serving the Airport. The parking facility is a use that is compatible with the surrounding land uses
and is consistent with the zoning and General Plan designation for the area.
F. The site is physically suitable for the type, density, and intensity of use being proposed, including
access, utilities, and the absence of physical constraints, in that the existing access to the site will remain
the same with the proposed Project. The intensity of the use will be increasing with the additional
parking spaces being added that will provide approximately 65% more spaces than the current facility.
The site is physically suitable for the type and intensity of the proposed use in that it is located in close
proximity to San Francisco International Airport, which is only 200 feet south of the Project site. In
addition, given the location of the subject property adjacent to tank farms and the City's Wastewater
Treatment Plant, the proposed airport parking facility is an appropriate land use to be located next to
such uses.
G. In accordance with the California Environmental Quality Act, an Initial Study /Mitigated Negative
Declaration (IS /MND), SCH# 2013092020, was prepared and distributed to the State Clearinghouse and
circulated for a 30 -day public review on September 12, 2013. While the document identified potentially
significant environmental impacts from the Project for biological resources, geology & soils, hazards &
hazardous materials and noise, all of the identified potential impacts would be reduced to a less than
significant level with the recommended mitigation measures.
Waiver and Modification Findings
As required by South San Francisco Municipal Code Chapter 20.510 (Waivers and Modifications) the following
findings are made in support of a waiver and modification to the requirements of SSFMC Section
20.330.010(L)(8) pertaining to parking garage rooftop planting:
A. The waiver or modification is necessary due to the physical characteristics of the property and the
proposed use or structure or other circumstances, including, but not limited to, topography, noise
exposure, irregular property boundaries, or other unusual circumstance, in that the requirement for
planters around the perimeter of the rooftop parking level is in conflict with the proposed installation of
solar panels due to the space requirements needed for the panels and parking efficiency, in addition to
the shading that would result from the panels.
B. There are no alternatives to the requested waiver or modification that could provide an equivalent level
of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the
general public because when the previous planters were installed on the existing Park SFO facility there
were significant problems to the users of the facility. The planters and their associated irrigation systems
were very difficult to maintain properly and the continual leaking caused damage to the facility itself
and to cars parked at the facility which resulted in claims against the facility. Therefore, given that the
applicant will be installing solar panels on the facility in the future, which would conflict with this
requirement, the granting of the requested waiver and modification would provide an overall
environmental benefit.
C. The granting of the requested waiver or modification for relief of the rooftop landscape requirement
would not be detrimental to the health or safety of the public or the occupants of the property or result in
a change in land use or density that would be inconsistent with the requirements of this title. The
applicant has implemented, and is committed to implement, several sustainability measures that
demonstrate their commitment to building and operating an environmentally friendly facility. These
measures include the use of CNG powered shuttle buses, use of greywater for irrigation and installation
of a solar power generating system on the top level of the existing facility, as well as the installation of
solar panels on the expanded parking facility in the future.
EXHIBIT B
CONDITIONS OF APPROVAL
REVISED CONDITIONS OF APPROVAL
UPM12 -0003, DR12 -0022 & ND12 -0003
195 N. ACCESS ROAD
(As approved by the Planning Commission on March 6, 2014;
Amended and Recommended for Approval by City Council on June 11, 2014 )
A) Planning Division requirements shall be as follows:
1. The applicant shall comply with the Planning Divisions standard Conditions and Limitations for
Commercial, Industrial, Mixed -Use and Multi- Family Residential Projects dated February 2013.
2. No signs are included in this permit application. Prior to installation of any signage, the
applicant shall secure an appropriate sign permit from the City.
3. The project shall be constructed in a manner in substantial conformity with the plans submitted
to the City and dated October 30, 2013.
4. If any new fencing is proposed, the applicant shall submit plans to the Chief Planner for review
and approval showing the location and proposed design prior to submittal for building permit.
5. The applicant shall create a planting trench in the landscape connecting each row of Poplar trees,
with a subdrain line at the bottom of the trench, that shall connect to a nearby storm drain line; the
subdrain line will allow the irrigation and winter rains to flush the salt water from planting soil.. The
applcant shall plant the rootball of the Poplar trees above the mean high tide elevation, and the
planting trench shall be backfilled using fast draining loamy sand soil.
(Planning Division contact: Catherine Barber 650- 877 -8535)
B) Fire Department requirements shall be as follows:
Install fire sprinkler system per NFPA 13 /SSFFD requirements under separate fire plan check and
permit for overhead and underground.
2. Fire sprinkler system shall be central station monitored per California Fire Code section 1003.3.
3. Install a standpipe system per NFPA 14 /SSFFD requirements under separate fire plan check and
permit.
4. Install exterior listed horn /strobe alarm device, not a bell.
5. Elevators shall not contain shunt -trips.
6. At least one elevator shall be sized for a gurney the minimum size shall be in accordance with the
CFC.
7. Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco Municipal
Code.
8. Provide fire extinguishers throughout the building.
9. All Non parking space curbs to be painted red to local Fire Code Specifications
10. Access road shall have all weather driving capabilities and support the imposed load of 75,000
pounds.
11. Road gradient and vehicle turning widths shall not exceed maximum allowed by engineering
department.
12. Provide fire hydrants; location and number to be determined.
13. Provide fire hydrants with an average spacing of 400 feet between hydrants.
14. The fire hydrants shall have a minimum fire flow of 3000 gpm at 20 psi residual pressure for
duration of 4 hours.
15. All buildings shall provide premise identification in accordance with SSF municipal code section
15.24.100.
16. Provide Knox key box for each building with access keys to entry doors, electrical /mechanical
rooms, elevators, and others to be determined.
17. The minimum road width is 20 feet per the California Fire Code.
18. Local Fire Code and vehicle specifications and templates available at
http: / /www.ssf.net /depts /fire /prevention /fire permits.asp
19. All buildings shall have Emergency Responder Radio Coverage throughout in compliance with
Section 510 of the California Fire Code.
(Fire Department contact: Luis Da Silva, Fire Marshal 650- 829 -6645)
C) Engineering Division requirements shall be as follows:
L STANDARD CONDITIONS
The owner /applicant shall comply with the applicable conditions of approval for commercial projects,
as detailed in the Engineering Division's "Standard Conditions for Commercial and Industrial
Developments ", contained in our "Standard Development Conditions" booklet, dated January 1998.
This booklet is available at no cost to the applicant from the Engineering Division.
II. SPECIAL CONDITIONS
a. A grading permit shall be obtained from the Engineering Division. The owner /applicant will be
responsible for paying for all fees, bonds, plan checking and all associated fees for the grading
permit. The owner /applicant will also place a cash deposit of $30,000 to pay for all onsite, SWPPP
compliance, grading compliance and dust control inspections.
b. Prior to the issuance of a grading permit, a geotechnical report shall be submitted, reviewed and
approved by the Engineering Division. The owner /applicant shall place a $5,000 cash deposit with
the City for the peer review of the Geotechnical Report.
c. The owner /applicant shall remove and replace any broken sidewalk fronting the project. The new
sidewalk shall comply with the City standard detail and shall provide Caltrans standard handicap
ramps. All work shall be done at no cost to the City.
d. The drive aisles onsite shall be a minimum of 25' wide. There are areas on the plan where the drive
aisles are less than 25' wide. There is an area which the drive aisle is 20' and should be considered
to be one -way, with proper striping and signage to be installed.
e. The owner /applicant shall incorporate bio- grassy swales and other Best Management Practices as
stormwater measures within the project and shall be approved by the Engineering Division and the
Environmental Compliance Manager. The owner /applicant shall submit the stormwater calculations
for review and approval by the Engineering Division.
f. The owner /applicant shall coordinate work with California Water Service for all water utility work.
g. Any light standards installed in the City's right -of -way shall be the standard East of 101 light
fixture. The owner /applicant shall provide the light fixture at no cost to the City.
h. The owner /applicant shall obtain an encroachment permit for any work performed in the City's
right -of -way and pay all associated fees, deposit and /or bonds. The owner /applicant shall submit an
Engineer's estimate for all work performed in the City's right -of -way and place a bond or cash
deposit for said work.
Prior to the issuance of a Building Permit for the project, the applicant shall pay the various fees as
detailed below.
III. EAST OF 101 TRAFFIC IMPACT FEES
Pursuant to Resolution No. 84 -2007, all development projects located in the East of 101 Area shall
pay the East of 101 Traffic Impact Fee. The fee adopted is $4,950 per Peak PM trip and is adjusted
by the latest Construction Cost Index. The adjusted fee is $5,954.85 per trip plus an administrative
fee of 2.5 %. (The $5,954.85 fee is based on the July 2007 adopted fee of $4,950 /trip, escalated to
the Oct. 2013 ENR Construction Cost Index).
Fee Calculation (effective July 2013)
18 new Peak PM trips x $5,954.85 = $107,187.30 + $2,679.68 (administrative fee) _
$109,866.98
V. SEWER SYSTEM CAPACITY STUDY AND IMPACT FEE
The City of South San Francisco has identified the need to investigate the condition and capacity of the
sewer system within the East of 101 Area, downstream of the parking structure. The existing sewer
collection system was originally designed many years ago to accommodate warehouse and industrial use
and is now proposed to accommodate uses, such as offices and biotech facilities, with a much greater
sewage flow. These additional flows, plus groundwater infiltration into the existing sewers, due to
ground settlement and the age of the system, have resulted in pumping and collection capacity
constraints. A study and flow model is proposed to analyze the problem and recommend solutions and
improvements.
The applicant shall pay the East of 101 Sewer Facility Development Impact Fee, as adopted by the
City Council at their meeting of October 23, 2002. The adopted fee is $4.25 per gallon of discharge
per day. Based on Metcalf & Eddy, the sewer generation rate of this land use is 2 gals per parking
space.
Fee Calculation (effective July 2013)
2 gals /parking space x 1,529 spaces x $4.25 per gallon = $12,996.50
The sewer contribution shall be due and payable prior to receiving a building permit for each
phase of the development.
Total estimated fees:
East of 101 Traffic Impact Fee $ 109,866.98
East of 101 Sewer Impact Fee $ 12,996.50
Total $ 122,863.48
(Engineering contact: Sam Bautista, 650- 829 -6652)
D) Police Department requirements shall be as follows:
The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code,
"Minimum Building Security Standards" Ordinance revised May 1995. The Police Department
reserves the right to make additional security and safety conditions, if necessary, upon receipt of
detailed / revised building plans.
(Police Department contact: Sergeant Scott Campbell (650) 877 -8927)
E) Water Quality Control requirements shall be as follows:
1. Site stormwater treatment must be in conformance with Low Impact Development
requirements of the Municipal Regional Stormwater Permit.
2. A plan showing the location of all storm drains and sanitary sewers must be
submitted.
3. Fire sprinkler test discharge line must be connected to the sanitary sewer.
4. Trash area(s) shall be covered and have a drain(s) that is connected to the sanitary
sewer.
5. The onsite catch basins are to be stenciled with the approved San Mateo Countywide
Stormwater Logo (No Dumping! Flows to Bay).
6. Install a separate water meter for landscaping.
7. Garage floors 1 through 6 drainage must be discharged to an oil /water separator,
properly sized (calculations must be submitted) with minimum liquid capacity of
2000 gallons and it must be plumbed to the sanitary sewer.
8. The top floor drainage shall be discharged to the storm water system.
9. Stormwater from the entire site must be included in the treatment system design.
( Stormwater treatment systems must be designed to treat stormwater runoff from the
entire site.) Use attached worksheets to determine rainwater harvesting and infiltration
feasibility.
10. Storm water pollution preventions devices are to be installed. Prefer clustering of
structures and pavement; directing roof runoff to vegetated areas; use of micro -
detention, including distributed landscape -based detention; and preservation of open
space. Treatment devices must be sized according Provision C.3.d Numeric Sizing
Criteria for Stormwater Treatment Systems of NPDES No. CAS612008.
11. The applicant must submit a signed Operation and Maintenance Information for
Stormwater Treatment Measures form for the stormwater pollution prevention
devices installed.
12. The applicant must submit a signed maintenance agreement for the stormwater
pollution prevention devices installed. Each maintenance agreement will require the
inclusion of the following exhibits:
a. A letter -sized reduced -scale site plan that shows the locations of the treatment
measures that will be subject to the agreement.
b. A legal description of the property.
c. A maintenance plan, including specific long -term maintenance tasks and a
schedule. It is recommended that each property owner be required to develop its
own maintenance plan, subject to the municipality's approval. Resources that
may assist property owners in developing their maintenance plans include:
i. The operation manual for any proprietary system purchased by the
property owner.
13. Applicant must complete the C.3 and C.6 Development Review Checklist prior to
issuance of a permit and return to the Technical Services Supervisor at the WQCP.
14. Landscaping shall meet the following conditions related to reduction of pesticide use
on the project site:
a. Where feasible, landscaping shall be designed and operated to treat stormwater
runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas
that provide detention of water, plants that are tolerant of saturated soil conditions
and prolonged exposure to water shall be specified.
b. Plant materials selected shall be appropriate to site specific characteristics such as
soil type, topography, climate, amount and timing of sunlight, prevailing winds,
rainfall, air movement, patterns of land use, ecological consistency and plant
interactions to ensure successful establishment.
c. Existing native trees, shrubs, and ground cover shall be retained and incorporated
into the landscape plan to the maximum extent practicable.
d. Proper maintenance of landscaping, with minimal pesticide use, shall be the
responsibility of the property owner.
e. Integrated pest management (IPM) principles and techniques shall be encouraged
as part of the landscaping design to the maximum extent practicable. Examples of
IPM principles and techniques include:
i. Select plants that are well adapted to soil conditions at the site.
ii. Select plants that are well adapted to sun and shade conditions at the site.
In making these selections, consider future conditions when plants reach
maturity, as well as seasonal changes.
iii. Provide irrigation appropriate to the water requirements of the selected
plants.
iv. Select pest- resistant and disease - resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from
affecting the entire landscaping plan.
vi. Use "insectary" plants in the landscaping to attract and keep beneficial
insects.
15. Source control measures must include:
• Landscaping that minimizes irrigation and runoff, promotes surface infiltration
where possible, minimizes the use of pesticides and fertilizers, and incorporate
appropriate sustainable landscaping practices and programs such as Bay -
Friendly Landscaping.
• Appropriate covers, drains, and storage precautions for outdoor material
storage areas, loading docks, repair /maintenance bays, and fueling areas.
• Covered trash, food waste, and compactor enclosures.
• Plumbing of the following discharges to the sanitary sewer, subject to the local
sanitary sewer agency's authority and standards:
• Dumpster drips from covered trash and food compactor enclosures.
• Discharges from outdoor covered wash areas for vehicles, equipment, and
accessories.
16. A construction Storm Water Pollution Prevention Plan must be submitted and
approved prior to the issuance of a permit.
17. A copy of the NOI filed with the state must be submitted to the WQCP.
18. Plans must include location of concrete wash out area and location of
entrance /outlet of tire wash.
19. A grading and drainage plan must be submitted.
20. Must file a Notice of Termination with the WQCP when the project is completed.
21. Applicant must pay sewer connection fee at a later time based on anticipated flow,
BOD and TSS calculations.
(Water Quality Control contact: Rob Lecel at (650) 877 -8555)
F) San Mateo County Department of Public Works, Flood Control District requirements
shall be as follows:
1. Design plans and drainage calculations showing existing and future discharge rates
shall be submitted to the Flood Control District for review prior to permit issuance.
2. Trash management measures shall be incorporated into the design elements of the
storm drainage system and appurtenances; trash collection devices shall be installed at
storm drain inlets and shall be maintained by the applicant.
(San Mateo County Department of Public Works, Flood Control District contact: Mark Chow at
(650) 599 -1489)