HomeMy WebLinkAboutReso 125-2015 RESOLUTION NO. 125-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION MAKING FINDINGS AND APPROVING A
CONDITIONAL USE PERMIT REQUEST FOR SOUTH CITY
PAWN TO RELOCATE TO 230 MILLER AVENUE.
WHEREAS, on January 28, 2015 the City Council for the City of South San Francisco
considered and adopted the Downtown Station Area Specific Plan ("Plan") and associated Draft
and Final Environmental Impact Reports; and
WHEREAS, as part of the Plan adoption, the Downtown Station Area Specific Plan
Zoning District ("Zoning District") was adopted to provide the framework for new development
in the downtown area; and
WHEREAS, the Zoning District prohibited all uses not consistent with the Bank and
Credit Union classification within the Zoning District, and this prohibition included Alternative
Loan Businesses and Pawnbrokers under the Other Financial Services commercial use
classification, in an effort to limit predatory lending businesses near vulnerable populations
residing in the surrounding area; and
WHEREAS, since the time of Plan and Zoning District adoption, an applicant has
requested a revision to the Zoning District to conditionally allow pawnbrokers within certain
zoning sub-districts citing the well-regulated pawnbroker industry as non-predatory compared to
Alternative Loan Businesses, such as payday lenders; and
WHEREAS, since pawnbrokers are a well-regulated industry distinct from Alternative
Loan Businesses, regulations should be tailored to specific Pawnbroker uses and pawnbrokers
should be made a separate use classification in Chapter 20.620; and
WHEREAS, the inclusion of the Pawnbroker commercial use classification within the
Zoning District would require the addition of new performance standards in Chapter 20.350
tailored to the operation of Pawnbroker uses; and
WHEREAS, these changes cumulatively would permit Pawnbroker uses to operate
within the Downtown Transit Core (DTC) zoning sub-district with approval of a Conditional Use
Permit; and
WHEREAS, adding Pawnbroker as a conditionally permitted use in the DTC would
allow South City Pawn, a long-time business of the downtown area, to relocate due to
displacement; and
WHEREAS, South City Pawn has operated continuously in the downtown area for 46
years and provides retail and banking opportunities for residents and visitors; and
WHEREAS, allowing Pawnbroker uses in the DTC district would preserve the existing
City preference for only traditional Banks and Credit Unions on Grand Avenue; and
WHEREAS, allowing Pawnbroker uses in the DTC district with the proposed
performance standards would support appropriate retail opportunities in the downtown; and
WHEREAS, unlike Alternative Loan Businesses, such as payday lenders, vehicle title
lenders, and similar operations, pawnbrokers are closely regulated by the state and federal
government with strict limits on loan fees in California; and
WHEREAS, the typical interest fees for a pawnbroker average 36% on an annual basis
compared with up to 460% interest rates for short-term payday loans; and
WHEREAS, the City Council has expressed an interest in retaining certain long-term
businesses such as South City Pawn within the downtown commercial area; and
WHEREAS, the City has prepared a Zoning Amendment ("Amendment") to the City's
Zoning Ordinance ("Ordinance"), including refinements to Chapter 20.280 for the Downtown
Station Area Specific Plan District, Chapter 20.090 for the Commercial, Office and Mixed-Use
Districts and Chapter 20.110 for the Employment Districts and modifications to both Chapter
20.620 for Commercial Use Classifications and Chapter 20.350 for Standards and Requirements
for Specific Uses and Activities, which has been introduced by separate Ordinance; and
WHEREAS, these Amendments are consistent with the previous preparation, circulation,
consideration, and adoption of the Plan EIR in accordance with the California Environmental
Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), in which the EIR
analyzed the environmental impacts of adopting the Plan and associated Ordinance amendments
and concluded that adoption of the Plan could have a significant effect on the environment
because some of the impacts required to be analyzed under CEQA would exceed established
thresholds of significance; and
WHEREAS, the City Council adopted the EIR and a Statement of Overriding
Considerations that evaluated the benefits of the Plan against its unavoidable impacts on January
28, 2015; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation,
consideration, and adoption of an Initial Study/Negative Declaration ("IS/ND") in accordance
with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
("CEQA"), in which the IS/ND analyzed the environmental impacts of adopting the Zoning
Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant
effect on the environment because none of the impacts required to be analyzed under CEQA
would exceed established thresholds of significance; and
WHEREAS, the refinements, additions, clarifications, and/or corrections set forth in this
Amendment, as they relate to use classification tables within the Zoning District, Commercial
Use Classifications, and Performance Standards for Pawnbrokers, are minor in nature, the
adoption of which would not result in any new significant environmental effects or a substantial
increase in the severity of any previously identified effects beyond those disclosed and analyzed
in the EIR adopted for the Plan or the IS/ND prepared for the Zoning Ordinance Update, nor do
the refinements, clarifications, and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review; and
WHEREAS, on September 17, 2015 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
proposed Ordinance Amendments and Conditional Use Permit request, take public testimony,
and make a recommendation to the City Council on the Ordinance Amendments and Conditional
Use Permit; and
WHEREAS, on October 7, 2015 the City Council for the City of South San Francisco
held a lawfully noticed public hearing to solicit public comment and consider the proposed
Ordinance Amendments and Conditional Use Permit request, take public testimony, introduce
the Ordinance Amendments, and adopt this resolution approving the Conditional Use Permit
request.
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,
including all amendments and updates thereto; the South San Francisco Municipal Code; the
adopted South San Francisco Downtown Station Area Specific Plan, prepared by BMS Design
Group; the South San Francisco Downtown Station Area Specific Plan EIR, including the Draft
and Final EIR, and all appendices thereto; all reports, minutes, and public testimony submitted as
part of the Planning Commission's duly noticed September 17, 2015 meeting; all reports,
minutes, and public testimony submitted as part of the City Council's duly noticed October 7,
2015 meeting 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:
SECTION 1 FINDINGS
I. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Exhibits attached to this Resolution, including the Draft Conditions of Approval (Exhibit
A) 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, Sailesh Mehra.
II. Conditional Use Permit Findings
1. As described in Section II and attached as Exhibit A, adoption of the Resolution makes the
following findings and adoption of conditions of approval in support of a Conditional Use
Permit to allow operation of South City Pawn (Pawnbroker) at 230 Miller Avenue in the
Downtown Transit Core (DTC) Zoning District in accordance with SSFMC Chapters 6.92,
20.280, 20.350, 20.490 & 20.550, based on public testimony and materials submitted to the
City Council of the City of South San Francisco, which include, but are not limited to:
Application materials prepared by applicant, submitted August 20, 2015; City Council staff
report dated October 7, 2015; and City Council meeting of October 7, 2015.
2. The proposed use is allowed within the applicable zoning district, as proposed for
amendment, and complies with all other applicable provisions of the Ordinance and all other
titles of the South San Francisco Municipal Code, as proposed for amendment to address the
unique nature of a Pawnbroker retail operation;
3. The proposed use is consistent with the General Plan, specifically General Plan policies
supporting retail opportunities in appropriate locations, and does not conflict with the
Downtown Station Area Specific Plan or any other applicable specific plan;
4. The proposed use will not be adverse to the public health, safety, or general welfare of the
community as the application has been evaluated by the Police Department for conformance
to Municipal Code and state regulations, nor will the proposed use be detrimental to
surrounding properties or improvements if the proposed new performance standards for
Pawnbrokers were to be approved and adopted by the City Council and based on the
compatibility of a primarily retail operation within the Downtown Station Area Plan Zoning
District;
5. The proposed use complies with any design or development standards applicable to the
zoning district as this would be a reuse of an existing structure with no exterior changes and
the use in question would be permitted if the Ordinance Amendment to modify the
Commercial Use Classifications to make Pawnbrokers a separate use classification and to
add new performance standards for Pawnbrokers were to be approved and adopted by the
City Council, consistent with a resolution of the Planning Commission ;
6. 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,
which are intended to be mixed-use and in support of pedestrian traffic and density, and with
the performance standards for Pawnbroker uses, as proposed with the related Ordinance
Amendment;
7. 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
building on site will be reused with a compatible use; and
8. An environmental determination that the reuse of an existing building is Categorically
Exempt pursuant to the provisions of Section 15301 — Class 1: Minor alterations of an
existing site and structure with negligible changes has been prepared in accordance with the
California Environmental Quality Act.
SECTION 2 ADOPTION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of South San Francisco hereby makes the findings contained in this Resolution, and approves a
conditional use permit subject to the draft Conditions of Approval, attached as Exhibit A and
subject to the adoption and effective date of the Ordinance Amendments.
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 special meeting held on the 7th day of October, 2015 by
the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
•TTEST: Al! _
'4 art'•- i, City Clerk
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
UP 15-0012
2530328.1
DRAFT CONDITIONS OF APPROVAL
P15-0058: ZA15-0007; UP15-0012
230 Miller Avenue
(As recommended by Planning Commission on September 17, 2015)
A) Planning Division requirements shall be as follows:
1. The applicant shall comply with the City's Standard Conditions of Approval for
Commercial, Industrial and Multi-Family Residential Projects and with all the
requirements of all affected City Divisions and Departments as contained in the
attached conditions, except as otherwise amended by the following conditions of
approval.
2. The business layout and operation shall substantially comply with the approved plans
prepared by the applicant, and as approved by the Planning Commission in association
with P15-0058, as amended by the Conditions of Approval. The final plans and
operation shall be subject to the review and approval of the City's Chief Planner and
Police Chief, as applicable.
3. The business shall be operated substantially as outlined in the project narrative
provided by the applicant as part of this application. Any modification to the approved
plans 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.
4. Consistent with the requirements of the Downtown Station Area Specific Plan, ground
floor window coverings shall remain open during the day to better activate the
sidewalk, engage the new retail use with pedestrian traffic, and encourage users.
5. The business shall comply with the Performance Standards set forth in SSFMC Section
20.350.039.
Planning Division contact: Tony Rozzi at(650) 877-8535
B) Engineering Division requirements shall be as follows:
1. The Owner shall, at his/her expense, replace any broken sidewalk, curb, and gutter
fronting the property. The City of SSF shall be the sole judge of whether any such
replacement is necessary.
2. The Owner shall coordinate with the Public Works department to ensure that any
proposed repair work to sidewalk, curb, and/or gutter will be satisfactory to the City,
shall obtain an encroachment permit for any work in the public right of way, and shall
be responsible for all applicable fees and deposits. All work related to these
requirements shall be accomplished at the Owner's expense.
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Draft Conditions of Approval
Page 2 of 4
3. 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.
4. Contractors must have a Class A license for any work in the street (beyond the face of
curb). Contractors with a Class A license may perform any and all work associated
with building permit requirements. For concrete work between the curb and the
building, a Class C-8 license is sufficient. For plumbing work between the curb and the
building, a Class C-36 license is sufficient. An exemption may be granted by the City
if a relatively minor portion of the work is not covered by the Contractor's license. For
example, if a new sewer cleanout is being installed in the sidewalk by a Contractor with
a C-36 (plumbing) license, the same Contractor may remove and reform no more than
one(1)panel of the sidewalk without the need for a Class C-8 (concrete) license.
Engineering Division contact: Patrick Caylao, P.E. at(650) 829-6652
C) Fire Department requirements shall be as follows:
1. Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco
Municipal Code.
2. Provide fire extinguishers throughout the building.
3. All buildings shall provide premise identification in accordance with SSF municipal
code section 15.24.100.
4. Provide Knox key box for each building with access keys to entry doors,
electrical/mechanical rooms, elevators, and others to be determined.
5. All storage shall be maintained at less than 6 feet high.
6. Provide occupant load signs on all levels.
7. All buildings shall have Emergency Responder Radio Coverage throughout in
compliance with Section 510 of the California Fire Code.
Building Department contact: Luis Da Silva, Fire Marshal at(650) 829-6645
D) Police Department requirements shall be as follows:
1. 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
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Draft Conditions of Approval
Page 3 of 4
necessary, upon receipt of detailed/revised building plans. Those minimum security
standards include, but aren't limited to the following:
• Commercial establishments having one hundred dollars or more in cash on the
premises after closing hours or those businesses designated by the police department
as having materials being highly susceptible to theft shall lock such money and
materials in an approved type money safe with a minimum rating of TL-15.
• Building shall be protected by a central station silent robbery alarm (hold up alarm)
and a central station silent intrusion alarm(burglary alarm).
• All exterior doors (front and back) shall be adequately illuminated at all hours to
make clearly visible the presence of any person on or about the premises and provide
adequate illumination for persons exiting the building. Lights shall be equipped with
vandal-resistant covers/lenses.
• Exterior roll-up overhead doors, solid overhead swinging, sliding or accordion doors
shall be secured with a cylinder lock and/or padlock on the inside, when not
otherwise controlled or locked by electric power operation. Masonite panels in such
doors shall not exceed eight inches by twelve inches and shall be located so that they
are no closer than three feet to any locking device.
• Any ladder excluding fire escapes, located on the exterior of any building which
could provide access to the roof shall be not less than ten feet from any accessible
ground area. Ladders accessible from ground level shall be fully enclosed with sheet
metal in an approved manner to a height of ten feet. This covering shall be locked
against the ladder with a case hardened hasp, secured with nonremovable screws or
bolts. Hinges on the cover will be provided with nonremovable pins when using pin-
type hinges. If a padlock is used, it shall have a hardened shrouded steel shackle,
locking at both heel and toe, and a minimum five pin tumbler operation with
nonremovable key when in an unlocked position.
• Doors with glass panels and doors that have glass panels adjacent to the door frame
shall be secured as follows: rated burglary-resistant glass or glass-like material; or the
glass shall be covered with iron bars of at least one-half inch round or one by one-
fourth inch flat steel material, space not more than five inches apart, secured on the
inside of the glazing; or iron or steel grills of at least one-eighth inch material of two-
inch mesh secured on the inside of the glazing.
• Video surveillance cameras shall be installed to record all pedestrian entrance/exits,
cash registers and front counters and shall be:
o maintained in proper working order at all times; and
o kept in continuous operation 24 hours a day, 7 days a week; and
o have enough memory to retain the data from all cameras for a period of 30 days
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Draft Conditions of Approval
Page 4 of 4
2. No firearms shall be visible to the public and all firearm inventory shall be stored in a
locked safe that has been approved by the police department. Only one firearm shall be
removed from the safe at a time when allowing a customer to inspect it for purchase.
3. The applicant shall comply with the provisions of Chapter 6.92 of the Municipal Code,
"Pawnbrokers/Secondhand Dealer".
4. Any changes to this use permit shall be approved by the Chief Planner and the Chief of
Police.
Police Department Contact: Sergeant Adam Plank at(650) 877-8927
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