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HomeMy WebLinkAboutOrd. 1511-2016 ORDINANCE NO. 1511-2016 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.270 ("EL CAMINO REAL/CHESTNUT AVENUE AREA PLAN DISTRICT") TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 20.280 ("DOWNTOWN STATION AREA SPECIFIC PLAN DISTRICT") TO MAKE CHANGES TO THE LAND USE REGULATIONS AND DEVELOPMENT STANDARDS; CHAPTER 20.490 ("USE PERMITS") TO CLARIFY CONDITIONAL USE PERMIT REVIEW AUTHORITY; AND CHAPTER 20.570 ("APPEALS AND CALLS FOR REVIEW") TO MODIFY CALL FOR REVIEW AUTHORITY FOR THE CITY COUNCIL FOR PLANNING COMMISSION REVIEWED PROJECTS WHEREAS, on January 28, 2015 the City Council for the City of South San Francisco considered and adopted the Downtown Station Area Specific Plan ("DSASP") and associated Draft and Final Environmental Impact Reports; and WHEREAS, since the time of adoption, minor revisions to the adopted zoning to implement the DSASP have been identified to clarify development regulations; and WHEREAS, the City Council has also expressed a desire to have discretionary review authority for new downtown development projects; and WHEREAS, consistent with this new authority in the DSASP area, staff has recommended that similar review authority also be provided for the El Camino Real/Chestnut Avenue Area Plan District("ECR/CH Plan"); and WHEREAS, providing the City Council with final review authority will assure that new developments are consistent with the DSASP and ECR/CH Plan, community priorities, and City Council preferences to ensure civic-wide benefits for existing and future residents; and WHEREAS, the City has prepared a Zoning Amendment ("Amendment") to the City's Zoning Ordinance, including refinements to Chapter 20.270 for the El Camino Real/Chestnut Avenue Area Plan District, 20.280 for the Downtown Station Area Specific Plan District, clarifications to Chapter 20.490 for Use Permit authority, and modifications to Chapter 20.570 to provide the City Council with revised appeal authority for Planning Commission reviewed projects; and WHEREAS, these Amendments are consistent with the previous preparation, circulation, consideration, and adoption of the ECR/CH Plan EIR and DSASP EIR in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), in which both EIRs analyzed the environmental impacts of adopting the Plans and associated Zoning Ordinance amendments and concluded that adoption of the Plans could have significant effects 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 ECR/CH Plan EIR and a Statement of Overriding Considerations that evaluated the benefits of the ECR/CH Plan against its unavoidable impacts on May 25, 2011; and WHEREAS, the City Council adopted the DSASP EIR and a Statement of Overriding Considerations that evaluated the benefits of the DSASP 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, clarifications, and/or corrections set forth in this Amendment, as they relate to development regulations within the DSASP area and review authority for the City Council in the ECR/CH and DSASP Plan, and broader City Council call for review authority over Planning Commission reviewed projects 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 EIRs adopted for both the ECR/CH and DSASP 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. 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: I. General Findings 1. 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 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; the adopted El Camino Real/Chestnut Avenue Area Plan, prepared by Dyett and Bhatia; the El Camino Real/Chestnut Avenue Area 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 Planning Commission's duly noticed December 17, 2015 meeting; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed October 28, 2015 study session meeting; and all reports, minutes, and public testimony submitted as part of the City Council's duly noticed February 10, 2016 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) 3. The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to development regulations within the DSASP area and ECR/CH Plan areas, and the revisions to the Use Permit review authority and the Appeals and Calls for Review chapter, 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 EIRs adopted for both the DSASP and ECR/CH Plan on January 28, 2015, and May 25, 2011, respectively 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. 4. 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. Zoning Text Amendment Findings 1. As described in Section II, adoption of the proposed Zoning Ordinance Amendments will include revisions to Title 20 of the South San Francisco Municipal Code, to reflect minor changes to the Downtown Station Area Specific Plan District (SSFMC 20.280), modify the land use regulations and development standards for new development projects within the Downtown Station Area Specific Plan District and El Camino Real/Chestnut Avenue Area Plan District (SSFMC 20.270), clarify Use Permit authority (SSFMC 20.490), and modify the appeals and call up process for development projects (SSFMC 20.570). 2. The proposed Zoning Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies related to land use, specifically pedestrian-friendly mixed-use, infill development, and improved linkages to a transit center as defined in the General Plan. Further, the Zoning Ordinance Amendments do not conflict with any specific plans, and will remain consistent with the City's overall vision for community development, economic vitality, and redevelopment in the downtown and along the El Camino Real and Chestnut Avenue corridors. None of the new or revised definitions, tables, figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 3. The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the proposed uses. The Zoning Ordinance Amendments will allow for clarification of development regulations throughout the DSASP area and ECR/CH Plan areas to provide consistency with the DSASP and ECR/CH Plan, community priorities, and City Council preferences to ensure civic-wide benefits for existing and future residents, and a more robust array of development and land uses in the downtown and along the El Camino Real and Chestnut Avenue corridors. Although specific parcels would be affected as part of the Zoning Ordinance Amendments, the impact would be beneficial since property owners would have a wider set of standards to improve or develop upon their property and new zoning regulations would guide the development and performance of properties within the Downtown Station Area Specific Plan. The Zoning Ordinance Amendments are consistent with General Plan policies, specifically those policies related to community development, economic vitality, vibrant walkability, and redevelopment in the downtown and along the El Camino Real and Chestnut Avenue corridors. Modifications to the Use Permits and Appeals and Calls for Review chapters would not affect or change land use citywide and no land use impact is expected. 4. The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the Ordinance Amendments would provide for sufficient development, land use, and performance standards related to new development or alteration. More specifically, the Zoning Ordinance Amendments include regulations to allow a wider array of commercial and employment uses within the DSASP area, new development standards for the Linden Community Commercial (LCC) and Linden Neighborhood Commercial (LNC) zoning districts, modifications to storage requirements for new residential development projects, clarifications to Use Permit authority, and provision of a modified call for review authority for the City Council. The proposed Ordinance Amendments will not be detrimental to the public interest, convenience, or welfare of the City or land within the City; instead, the Ordinance amendments will bolster the public interest by ensuring orderly and suitable infill development and design review, as recommended in the General Plan's land use element and Downtown and El Camino Real planning sub-areas. SECTION II. 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. Revise Chapter 20.280 Downtown Station Area Specific Plan District to read as follows: 1. Revise Table 20.280.003 Land Use Regulations to allow Clean Technologies, Handicraft/Custom Manufacturing, and Research and Development use classifications in the following zoning sub-districts: Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Employment Use Classifications Clean Technologies MUP P (3) - P MUP MUP Handicraft/Custom MUP P (3) - P MUP MUP Manufacturing Research and MUP P (3) - P MUP MUP Development Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which are subject to approval of a Use Permit. 4. Subject to licensing requirements. 5. Limited to upper stories unless at least 50 percent of the ground floor street frontage is occupied by food service uses. 6. Must be located at least 1,000 feet from any other social service facility. Clinic uses may not occupy the ground floor along Grand Avenue, except on properties located west of Maple Avenue, which are subject to the approval of a conditional use permit. 2. Revise Table 20.280.004-2 Building Form and Location Standards to clarify regulations for the Linden Commercial Corridor (LCC) and Linden Neighborhood Commercial (LNC) zoning sub-districts: Height (ft) See Section Maximum 20.300 45-65 FAA Building 85 (1)(2) 65 allowed 50 50 Height and Height Height Exceptions Minimum Ground 15; 12 15;12 See above and Floor 15; 12 min 15; 12 min 15; 12 15; 12 Section Height for min clearan min clearan min min 20.280.005(B) non- clearance clearance clearance clearance Ce Ce (1) residential uses Maximum 5 n/a 5 n/a 5 5 See above Finished Floor Height (residential ) Yards (ft) Grand Avenue (east and n/a 0 n/a 0 n/a n/a west) Frontage At At At At property property line or line or property property Pedestrian 10 feet 10 feet line or 9 line or 9 Priority from n/a from n/a feet from feet from Zone Street curb curb curb curb Frontage (whichev (whichev (whichev (whichev er is er is er is er is greater) greater) greater) greater) Eastern Neighborho od Streets except n/a n/a n/a 20 n/a n/a Grand Avenue Frontage 0; 10 0; 10 Interior when when Side abutting 0 abutting n/a 0 0 residenti residenti al district al district 0, 10 l O for 0, 10 0, 10 when the first when when Rear abutting 0 20 (E) stories abutting abutting an 15 , an R an R district district district thereaft (E) (E) (E) er(C) Maximum See Chap. Lot 20.040 Rules 100 100 90 85 75 90 Coverage of (%of lot) Measurement Limitations: 1. Height break would occur a minimum of 30 feet from the front of the building 2. Corner properties may be exempt from this requirement, subject to evaluation by the decision-making authority in the review process and consistent with the Downtown Station Area Specific Plan design guidelines 3. Revise Table 20.280.004-3 Open Space and Landscaping Standards to clarify regulations for the Linden Commercial Corridor(LCC) zoning sub-district: Standard OAP DRC TORD a .. M. n. Minimum Usable Refer to See Supplemental Open Space (sq ft 100 100 100 Section 100 150 Regulations per res. unit) 20.280. 20.100.004(D)(10 007(K) ) Minimum Amount See Section of Landscaping (% n/a n/a n/a 15 n/a 10 20.300.007 of site) Landscaping 4. Revise Section 20.280.005 Additional Development Standards to modify the Private Storage Space requirements to provide design flexibility for residential development projects: F. Private Storage Space. Each residential unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space. The total number of private storage spaces may be reduced up to 25% by the Chief Planner to address operational characteristics that are incompatible with the storage requirement; the total number of private storage spaces may be reduced up to 50%by the Chief Planner if the storage is located proximate to the residential unit. 5. Revise Table 20.280.003 Land Use Regulations for Downtown Station Area Specific Plan Sub-Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications: Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) (1) - (1) (1) See Section Second Unit (1) (1) (1) - (1) (1) 20.350.035 Second Dwelling Units Single Unit Semi- (1) (1) (1) - (1) (1) Attached Single-Unit Attached (1) (1) (1) - (1) (1) Multiple-Unit Residential See sub-classifications below Duplex (1) - (1) - (1) (1) Multi-Unit C C(3) C(3) - C(3) C(3) Additional Uses Permitted DTC GAC DRC TO/RD LCC LNC Regulations Senior Citizen C(3) C(3) Residential Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which are subject to approval of a Use Permit. 6. Revise Section 20.280.005 Additional Development Standards for the Downtown Station Area Specific Plan District to require Conditional Use Permit approval by the City Council for projects requesting the Increased Density and FAR Incentive Program: A. Increased Density and FAR Incentive Program. An increase to the maximum FAR or maximum density as referenced in Table 20.280.004-1 may be permitted for buildings with the approval of a Conditional Use Permit by the City Council through the satisfaction of a combination of the following public benefits: B. Revise Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District to read as follows: 1. Revise Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub- Districts to require a Conditional Use Permit for Multiple-Unit Residential classifications: ECR/C ECR/C- ECR/C- Uses Permitted MXH MXM RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single-Unit Attached P(1) P P Multiple-Unit See sub-classifications below Residential Multi-Unit C(1) C C Senior Citizen C(1) C C Residential Limitations: 1. Not permitted on the ground floor along El Camino Real, Chestnut Avenue, Oak Avenue, or BART right-of-way south of Oak Avenue. 2. Revise Section 20.270.004 Development Standards for the El Camino Real/Chestnut Avenue Plan District to require Conditional Use Permit approval by the City Council for projects requesting the Increased Density, FAR, and/or Height Incentive Program: A. Increased Density, FAR and/or Height. An increase in FAR, density, and height may be achieved for buildings through a combination of the following, subject to Conditional Use Permit approval by the City Council: C. Revise Chapter 20.490 Use Permits to read as follows: 1. Revise Section 20.490.003 Procedures to modify the Conditional Use Permit authority language to allow for City Council review of projects requesting an Incentive Program density, FAR, and/or height increase: A. Review Authority. 1. Conditional Use Permits. Unless otherwise specified in the Municipal Code, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this chapter. D. Revise Chapter 20.570 Appeals and Calls for Review to read as follows: 1. Revise Section 20.570.006 Calls for Review to create flexibility for the City Council to call up specific projects for discretionary review: 20.570.006 Calls for Review Two or more members of the Planning Commission may call for review of a decision of the Chief Planner and two or more members of the City Council may call for review of a decision of the Chief Planner or Planning Commission within the 15-day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action by the Commission or Council shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal. Within two (2)business days of a Zoning Administrator hearing, the Planning Commission Clerk shall submit a notice of all Zoning Administrator discretionary action to the Planning Commission, following which any member of the Planning Commission may request a call for review of a decision by submitting a notice in writing to the Planning Commission Clerk or noting so on the record at a Planning Commission hearing within the 15-day appeal period. If two (2) or more Planning Commissioners submit a notice in writing to the Planning Commission Clerk requesting a call for review of a decision or two (2) or more Planning Commissioners request a call for review of a decision by noting so on the record at a Planning Commission hearing, the call for review shall become effective and the Chief Planner shall set a public hearing in accordance with the provisions of Chapter 20.450. The Planning Commission Clerk's notice of Zoning Administrator discretionary approvals submitted to the Planning Commission shall include the date by which a call for review by a Planning Commissioner must be received by the Planning Commission Clerk or noted on the record at a Planning Commission hearing. Any other decision of the Chief Planner that the Planning Commission wishes to call for review may be called for review by at least two (2) Planning Commissions through the process outlined above. Within two (2) business days of the completion of a Planning Commission hearing, the Secretary to the Planning Commission shall submit a notice of all Planning Commission discretionary action to the City Clerk for distribution to the City Council, following which any member of the City Council may request a call for review of a decision by submitting a notice in writing to the City Clerk or noting so on the record at a City Council hearing within the 15-day appeal period. If two (2) or more Councilmembers submit a notice in writing to the City Clerk requesting a call for review of a decision or two (2) or more Councilmembers request a call for review of a decision by noting so on the record at a City Council hearing, the call for review shall become effective and the City Clerk shall set a public hearing in accordance with the provisions of Chapter 20.450. The City Clerk's notice of discretionary approvals submitted to the City Council shall include the date by which a call for review by a Councilmember must be received by the City Clerk or noted on the record at a City Council hearing. SECTION III. 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 10th day of February, 2016. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 24th day of February, 2016,by the following vote: AYES: Councilmembers Karyl Matsumoto, Richard A. Garbarino, and Liza Normandy Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego NOES: None ABSTAIN: None ABSENT: None 410 ,- ATTE' T: go, ,I■■ ■ CIA . MTh 47 lerk 116 As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 24th day of February, 2016. l'..ii a Ai( ,41eit.7:: \_____________ Mark Addiego, Mayor