Loading...
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. 18 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 19 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 20 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 21