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HomeMy WebLinkAboutOrd. 1491-2014 ORDINANCE NO. 1491-2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE MAKING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING CODE, RELATED TO THE POWERS AND DUTIES OF THE PARKING PLACE COMMISSION AND PLANNING COMMISSION WHEREAS, in an effort to reorganize the duties and powers of the Parking Place Commission, the review of parking reduction requests in the City's Parking District would be transferred to the Planning Commission; and WHEREAS, transferring these powers and duties to the Planning Commission would (1) facilitate a streamlined review of new development in the downtown zoning districts and (2) ensure orderly review of new development impacts on the existing downtown parking supply; and WHEREAS, City staff developed the Zoning Ordinance text amendment ("Amendment") to remove the review of parking reduction requests from the Parking Place Commission and add said duty to the Planning Commission, and clarify the Planning Commission as the decision making body for parking reduction requests in the Zoning Ordinance; and WHEREAS, in accordance with the California Environmental Quality Act, Public resources Code Sections 21000, et seq. ("CEQA"), the proposed amendments to the Zoning Ordinance would have no significant effect on the environment because changes to the organization of local agencies is categorically exempt and no further CEQA review is required to approve the amendments; and WHEREAS, on September 18, 2014 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and make a recommendation to the City Council on the project. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. I, The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. ("CEQA")) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on September 18, 2014; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on October 8, 2014; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 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 Malkin. B. Zoning Amendment Findings 1. The proposed zoning amendments are consistent with the adopted General Plan because although the proposed amendments would change the review authority for Parking Exceptions in the Parking District, they would not otherwise alter the process available to residents or business owners or make physical impacts to existing properties. The General Plan supports reduced parking requirements in the downtown commercial district and flexible standards given the close proximity of surface parking lots, on-street parking, transit connections, and overall walkability of the downtown core. The proposed text amendments will remain consistent with the City's General Plan vision for community and economic development and will not impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The proposed zoning amendments would only change the review authority for parking reductions in the Parking District and thus would not affect any particular subject property differently than under the current conditions. Parking reduction approvals in the Parking District, made of several Downtown zoning districts, will preserve properties so that they remain generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the Planning Commission and City Council since no physical changes to land would occur. 3. The proposed zoning amendments would not be detrimental to the use of land in any adjacent zone because the proposed change in review authority would maintain all existing new development review standards to ensure that no spillover parking or parking demand issues are created with approval of parking reduction in the Parking District. SECTION 11. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Clarify the parking reduction review process and remove the Parking Place Commission as the review authority and transfer duties to the Planning Commission. 20.330.007 Downtown Parking A. Required Parking. Each land use in the Downtown District shall be provided at least the number of on-site parking spaces stated in Table 20.330.007. The parking requirement for any use not listed in Table 20.330.007 shall be the same as required for the land use in any other district as stated in Table 20.330.004. B. In-Lieu Fees. In the Downtown Parking District, the City may establish a parking mitigation fund and allow payment of a fee in lieu of providing required parking on-site or offsite. 1. In-Lieu Fee Amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the City Council. 2. Use of Funds. In-lieu fees shall be used for programs to reduce parking impacts including, but not limited to, any of the following: a. Off-street parking facilities, including acquisition, development, and maintenance of parking facilities located in the Downtown Parking District; b. Mass transit equipment, including stock and attendant facilities serving the area in which the buildings for which the payments are made are located; c. Transit or paratransit passes, coupons, and tickets to be made available at a discount to employees and customers and to promote and support incentives for employee ride-sharing and transit use; or d. Transportation system management projects, all costs including but not limited to personnel, equipment, and physical facilities. C. Parking Reduction. For the Downtown Parking District, the Planning Commission shall review any request for a reduction in the number of required parking spaces and make a determination whether there is sufficient parking within the District to accommodate the proposed use. B. Add parking reduction review authority in the Parking District to the Planning Commission's Powers and Duties. 20.440.004 Planning Commission 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: A. Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the General Plan map and text pursuant to the provisions of Chapter 20.540 ("Amendments to General Plan"), B. Annually review progress towards implementation of the General Plan and recommend to the City Council changes needed due to new legislation, development trends and changing economic, social and environmental conditions. C. Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the Zoning Map and to the text of this Ordinance pursuant to the provisions of Chapter 20.550 ("Amendments to Zoning Ordinance and Map"). D. Initiate, conduct hearings, and make recommendations to the City Council 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, Precise Plans (except within Terrabay Specific Plan District) and variances pursuant to the provisions of Chapter 20.490 ("Use Permits"), and Chapter 20.500 ("Variances"). F. Hear and decide on modifications to approved Conditional Use Pem-iits and variances pursuant to the provisions of Section 20.450.012 ("Modification"). G. Approve, approve with modifications, or deny requests for modifications of the parking standards in Chapter 20.330 ("On-Site Parking and Loading") within designated parking districts. H. 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 Terrabay Specific Plan District, 1. Hear and decide appeals from decisions of the Chief Planner on decisions, determinations, or interpretations made by the Chief Planner in the enforcement of this Ordinance and any other decisions that are subject to appeal pursuant to the procedures in Chapter 20.570 ("Appeals and Calls for Review"). J. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the City of South San Francisco's adopted environmental review guidelines pursuant to the State law and the procedures in Chapter 20.460 ("Environmental Review"). K. Adopt by resolution guidelines and standards for conducting design review pursuant to Chapter 20.480 ("Design Review"). L. Initiate proceedings to revoke Use Permits pursuant to the provisions of Chapter 20.580 ("Enforcement and Abatement Procedures"). M. Designate historic resources pursuant to Chapter 2.56. N. Conduct design review of applications for the demolition, relocation, alterations, and/or modifications to a designated historic resource in accordance with the provisions of Chapter 20.480 ("Design Review") and the design review guidelines. O. Review applications for, and issue Certificates of Alteration authorizing alteration, demolition or construction affecting designated historic resources. C. Remove parking reduction review authority in the Parking District from the Parking Place Commission's Powers and Duties. 20.440.007 Parking Place Commission The Parking Place Commission is established and organized pursuant to Title 2, Chapter 2.60 ("Parking Place Commission") of the South San Francisco Municipal Code and the requirements of the California Government Code. The powers and duties of the Parking Place Commission under this Ordinance include, but are not limited to: A. Exercise the powers set forth in Chapter 4, Part 4, Division 18, Streets and Highways Code of the State of California, and such other powers as they are duly authorized by law to carry out under the terms of said provisions; and B. Operate, manage, and control the parking places within designated parking districts and make and enforce all necessary rules for their use. D. Revise the Review Authority table to reflect the Planning Commission's role as the decision maker for Parking District Parking Exceptions. 20.440.011 Summary of Review Authorities for Decisions and Appeals TABLE 20.440.011: REVIEW AUTHORITY Found Application or Action in Type Chapter Advisory Body Decision Maker Appeal Body Type Two: Discretionary Quasi-Judicial Actions Parking District 20.330 1 N/A Planning Commission City Council Parking Exceptions SECTION 111. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney, At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 8th day of October, 2014. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 22"J day of October, 2014 by the following vote: AYES: Councilmembers Mark N. Addiego, Pradeep Gupta, and Liza Normandy Vice Mayor Richard A, Garbarino.-and Ma or ar yl Matsumoto NOES: None ABSTAIN: None ABSENT: None ATT(ST: Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 22"d day of October, 2014. """-46yl Matsumoto, Mayor