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HomeMy WebLinkAboutReso 82-2014RESOLUTION NO. 82 -2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE RENTAL BUSINESS AND PARKING FACILITY AT 323 SOUTH CANAL STREET IN THE MIXED INDUSTRIAL (MI) ZONING DISTRICT WHEREAS, FlightCar, Inc. ( "Applicant ") has submitted an application for a peer -to -peer vehicle sharing business that combines vehicle rental and vehicle parking uses on two legal parcels with the physical address of 323 South Canal Street ( "Project "); and, WHEREAS, Applicant seeks approval of a Conditional Use Permit; and, WHEREAS, approval of the Applicant's proposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. ( "CEQA "); and, WHEREAS, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing on June 19, 2014 to solicit public comment and consider the CEQA determination, proposed entitlements and take public testimony, at the conclusion of which, the Planning Commission recommended that the City Council approve the Conditional Use Permit and Development Agreement; and WHEREAS, the City Council has reviewed and carefully considered the Project and related Project documents at a duly noticed public hearing held on July 9, 2014, and because the Project involves only a minor change in land use with no additional construction, the City Council determines that the Project is categorically exempt from environmental review under the provisions of CEQA, pursuant to CEQA Guidelines Section 15301 — Class 1: Minor Alteration to Existing Facilities, as an objective and accurate determination that reflects the independent judgment and analysis of the City in the discussion of the Project's environmental impacts; and, WHEREAS, the City Council held a duly noticed public hearing on July 9, 2014 to solicit public comment and consider the proposed Conditional Use Permit and take public testimony. 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; Applicant's plans and supporting documents, as prepared by Group 4 Architecture, dated April 24, 2014; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed June 19, 2014 meeting, and Planning Commission deliberations; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on July 9, 2014, 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 finds as follows: A. General Findings 1. The foregoing recitals are true and correct. 2. The Exhibits attached to this Resolution, including the Draft Conditions of Approval (Exhibit A), and the Applicant's Plans and supporting documents (attached as Exhibit B) are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin. 4. The City Council, exercising its independent judgment and analysis, finds that the Project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 — Class 1: Minor Alteration to Existing Facilities. B. Conditional Use Permit 1. The proposed peer -to -peer vehicle sharing use (vehicle rental business and private parking) is allowed within the Mixed Industrial (MI) Zoning District based on the Chief Planner's authority to assign a land use or activity to a classification that is substantially similar in character in cases when the specific land use or activity is not defined. The proposed business described in the application is not specifically defined in the Zoning Ordinance or listed as an allowable or conditional use in the Mixed Industrial Zoning District. Consistent with SSFMC Section 20.112.002, the Chief Planner has determined that the proposed use is substantially similar in character to automobile /vehicle rental and parking (public or private), which are uses that are allowed in the MI zoning district, with approval of a Conditional Use Permit. 2. The proposed use is consistent with the Mixed Industrial General Plan land use designation. This designation allows for a wide range of uses including manufacturing, industrial processing, general service, warehousing, storage and distribution, and service commercial uses. The site is located within the Lindenville planning sub -area and is consistent with guiding policy 3.2 -G -3, which states a policy goal to "Enhance the appearance of the area by undertaking streetscape and other improvements" since the proposal includes minor landscaping and signage improvements to the front of the building. The project is also consistent with the guiding and implementing polices of the Lindenville planning sub -area by re- developing and improving an existing site. 3. The proposed use will not be adverse to the public health, safety, or general welfare of the community or detrimental to surrounding properties or improvements given that Applicant would utilize the current site with no building expansion or construction and the proposed use would not be disruptive to the surrounding area. With approval of a Conditional Use Permit, the proposal is consistent with the Zoning Ordinance and General Plan and would provide a commercial service to the City. In addition, Staff has incorporated specific Conditions of Approval for the proposed use that would minimize any adverse safety or land use impacts on the surrounding area. 4. The proposed use complies with design and development standards applicable to the Mixed Industrial Zoning District because the proposed use would not alter the existing building and would make minor improvements to the exterior appearance of the building to comply with landscaping requirements. Since this proposed use would function as a vehicle rental and parking facility, the Engineering Division and Fire Marshal have reviewed and approved the proposed parking configuration, which meets applicable standards. 5. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and reasonably foreseeable future land uses in the vicinity because the proposed use would reuse an existing office /warehouse building and parking lot, the building has an adequate parking design, and vehicles would not be stored within the public right -of -way or be visible from the street. The proposed use would not alter the existing building in a way as to preclude future compatible uses. 6. 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 would remain the same, the existing building and rear parking area would adequately provide the required parking needed to support the peer -to -peer vehicle sharing business, and the site has historically supported similar uses. Given the location of the subject property in the Mixed Industrial Zoning District, adjacent to a transportation company, a commercial laundromat, and abutting manufacturing uses, the proposed use is an appropriate land use and will be compatible with the surrounding area. 7. In accordance with the California Environmental Quality Act, the Planning Commission has determined that the proposed project is Categorically Exempt pursuant to the provisions of CEQA Section 15301 — Class 1: Minor Alteration to Existing Facilities. The project involves a change in land use with no additional construction. Public Works has reviewed the project and has determined that there would be a minimal impact on traffic given the previous fleet vehicle uses that operated at this site (contractor, limo and shuttle service) and that the proposed use would have varying traffic with seasonal traffic peaks that do not generally correspond to traditional peak time traffic based upon the applicant's other site operations. NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as Exhibit A to this resolution, the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and approves a Conditional Use Permit (UPI 4-0001) for the Project. BE IT FURTHER RESOLVED that the approvals herein are conditioned upon the approval and execution of the Development Agreement for the proposed Project. 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 91h day of July, 2014 by the following vote: AYES: Councilmembers Mark N. Addiego, Pradeep Gupta and Liza Normandy Vice Mayor Richard A. Garbarino and Mayor Karyl Matsumoto NOES: ABSTAIN: None ABSENT: None ATTEST: Anna Brown, Deputy City Clerk Exhibit A Draft Conditions of Approval DRAFT CONDITIONS OF APPROVAL P14 -0020: UP14 -0001, DA14 -0001 323 S. CANAL STREET (As recommended by City Staff on July 9, 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. 2. The proposed wall sign and monument sign shown on the project plans dated April 24, 2014, shall comply with the applicable zoning code requirements. Prior to installation of any exterior business signs, the applicant shall secure a Type A sign permit from the City as required per SSFMC Chapter 20.360, and a building permit for the sign installation. 3. The project shall be constructed and operated in a manner in substantial conformity with the plans submitted to the City, dated April 24, 2014. Further, the business shall be operated substantially as outlined in the project description (narrative) provided by the applicant as part of this application and dated April 24, 2014, with no more than a total of 107 parking spaces on -site to be used by applicant, which includes both employee parking and customer parking. Should business operations deviate from the project description (narrative) provided to the City on April 24, 2014, the applicant shall notify the Chief Planner of the proposed changes prior to implementing such changes. If the proposed changes cause the business operations to significantly deviate from the project description, the applicant shall apply for and obtain a Use Permit Modification prior to implementing such changes. 4. The parking lot shall be striped for 107 parking spaces and shall be maintained with a 20 -foot drive aisle around the parking lot, in the configuration, as shown on the project site plan, dated April 24, 2014, including, but not limited to triple stacking in the center of the parking lot. There shall be no parking on the former railroad spur (APN 014- 092 -220) per SSFMC 20.330.010(E), which prohibits parking on unpaved surfaces. Should the applicant wish to utilize this parcel for parking, the applicant shall notify the Chief Planner of the proposed changes and provide plans for the proposed improvements including but not limited to, grading, drainage, landscaping, paving and parking configuration showing how it would impact and incorporate with the existing parking layout as shown on the April 24, 2014 approved plan set. The Chief Planner shall review the proposed changes to the parking and determine if the changes represent a substantial deviation to the original application and if the applicant shall apply for a Use Permit Modification prior to implementing such changes. Such improvements shall also require necessary grading and /or building permits with review from Water Quality Control staff to determine compliance with the C.3 storm water regulations and from the Fire Marshal to confirm the parking configuration and drive aisle width for engine access. 6. The razor wire at the top of the existing side and rear property line fencing shall be removed prior to issuance of a business license to comply with SSFMC 20.300.005(C)(1), which prohibits the use of barbed and razor wire on fencing. 7. All employee vehicles, vehicles awaiting pick up by applicant's customers, or vehicles left for long -term parking associated with applicant's operation shall be parked in the rear parking lot or within the warehouse; there shall be no parking on the public street or within the public right -of -way. All checking -in and checking -out of vehicles shall be conducted on the subject property, either within the building or in the rear parking lot, but shall not be conducted in the front of the building or within the public right -of -way. 9. No maintenance, repair, or washing of rental and /or parked (stored) vehicles is allowed on -site other than minor repairs and cleaning that is defined as only limited to the following: wiping down cars with a standard glass cleaner, inside and out, patching flat tires, adding air to tires, adding coolant, and the other minor repairs described in the project application materials, dated April 24, 2014. Any maintenance, repairs, and /or cleaning beyond those specific tasks identified in this condition (and by the applicant in the project description dated April 24, 2014) will require a modification to this Use Permit and compliance with other regulations applicable at the time of Use Permit modification submission. 10. Any modification to the approved plans or operation shall be subject to SSFMC Section 20.450.012 ( "Modification "), whereby the Chief Planner may approve minor changes. All exterior design modifications, including any and all utilities, shall be presented to the Chief Planner for a determination. If the Chief Planner determines that a proposed modification is not a minor change, a modification to the Use Permit shall be required. 11. All new equipment (either roof or ground- mounted) shall be screened from view through the use of integral architectural elements, such as enclosures or roof screens, and landscape screening. Equipment enclosures and/or roof screens shall be painted to match the building. 12. The application shall be subject to a six -month and twelve -month review by the Planning Commission from the date operation commences at the project site. Planning Division contact: Tony Rozzi, Associate Planner (650) 877 -8535 B) Fire Department requirements shall be as follows: 1. Modify the fire sprinkler system per NFPA 13 /SSFFD requirements under separate fire plan check and permit. 2. There shall be no refueling or servicing of vehicles, beyond minor maintenance specifically defined as vacuuming, wiping cars down inside and out with a standard glass clearer, patching flat tires, adding air to tires, and adding coolant (as identified in the project description); there shall be no major repairs or servicing done on -site without prior approval from the Fire Marshal and the Chief Planner, which may require that the applicant apply for and obtain a Use Permit Modification prior to conducting repairs beyond those defined in this condition and in the applicant's project description. All buildings shall provide premise identification in accordance with SSF Municipal Code Section 15.24.100. 4. Provide fire extinguishers throughout the building. 5. Provide Knox key box for each building with access keys to entry doors, electrical /mechanical rooms, elevators, and others to be determined. Fire Prevention contact: Luis DaSilva, Fire Marshal (650) 829 -6645 C) Engineering Division requirements shall be as follows: 1. The building permit application plans shall conform to the standards of the Engineering Division's "Building Permit Typical Plan Check Submittals" requirements, copies of which are available from the Engineering Division. 2. The owner shall, at his/her expense, repair any broken sidewalk, curb and gutter fronting the property. 3. Prior to issuance of a business license, the applicant shall provide an on -site directional signage and striping plan for proper circulation of the site to the Engineering and Planning Divisions. 4. The owner shall install a sewer cleanout just behind the property line, per City Standard Details, if no cleanout currently exists. If an existing cleanout is non- compliant or damaged, it shall be replaced. The sewer lateral for the secondary unit must connect with the existing sewer lateral upstream of the property line cleanout. All work shall be accomplished at the applicant's cost. 5. Any work performed in the City's right -of -way shall require an encroachment from the Engineering Division. The owner shall apply and pay all fees and deposits for the encroachment permit. Engineering Division contact: Sam Bautista, Principal Engineer (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. 2. The building shall be equipped with a burglary alarm. The building shall be protected by a central station silent robbery alarm. 4. Building entrances and cashier area shall be monitored by a closed circuit television camera system. Recordings must be maintained for a period of no less than 30 days. These cameras will be part of a digital surveillance system, which will be monitored on -site and accessible on the World Wide Web. This system must be of adequate resolution and color rendition to readily identify any person or vehicle in the event a crime is committed, anywhere on the premises. Commercial establishments having one hundred dollars or more in cash on the premises after regular business hours shall lock such money in an approved type money safe with a minimum rating of TL -15. Police Department contact: Sergeant Bruce McPhillips (650) 877 -8927 E) Building Division requirements shall be as follows: Provide ventilation of drive through storage area. 2. Provide the location of the accessible path into the building. 3. The office spaces cannot exit through the storage area as shown. 4. The separation between the office and S -2 occupancy shall not be less than 1 hour construction. 5. Provide the area increase calculation for frontage the increase in area is incorrect. 6. All Building Division comments are preliminary; additional comments may be generated during plan review upon submittal of a building permit. (Building Division contact: Jim Kirkman, Chief Building Official at (650) 826 -6670) F) Water Quality Control requirements shall be as follows: Applicant needs to show where vehicles are being wiped down. 2. As per the project description (narrative) there shall be no on -site car washing. All vehicles will be taken off -site to an approved car washing facility. Any future plans to install car washing facilities at this location will required prior approval by the City and an amendment to this Conditional Use Permit. There shall be no car washing within the public right -of -way. 3. If fire sprinklers in the building are modified, fire sprinkler test drain must be connected to the sanitary sewer. 4. If applicant is planning on modifying the grass area on the lot they must notify the Environmental Compliance Program in writing at least 30 days prior to modification. Water Quality Control contact: Rob Lecel or Andrew Wemmer (650) 877 -8555 Exhibit B Applicant Proiect Plans and Supplemental Documents 2293367.1