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HomeMy WebLinkAboutReso 42-2016 RESOLUTION NO. 42-2016 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A USE PERMIT; DESIGN REVIEW; WAIVER AND MODIFICATIONS; BONUS RESIDENTIAL DENSITY, AND A PARKING REDUCTION FOR THE DEVELOPMENT OF A NEW FIVE-STORY SENIOR RESIDENTIAL. BUILDING WITH A TOTAL OF 80 AFFORDABLE RENTAL UNITS, I MANAGER UNIT AND 1,993 SQUARE FEET OF COMMUNITY ASSEMBLY SPACE, AT 310 MILLER AVENUE (APN 012-311-230), 312 MILLER AVENUE (APN 012-311-240); 314 MILLER AVENUE (APN 012-311-250), AND APN 012-311-060, COLLECTIVELY REFERRED TO IN PROJECT DOCUMENTS AS "300 MILLER. AVENUE". WHEREAS, the City of South San Francisco ("City") is the owner of certain real property located in the City known as 310, 312 and 314 Miller Avenue and a municipal parking lot ("Property"), also known as County Assessor's Parcel Numbers APN 012-311- 230; APN 012-311-240; APN 012-311-250; and APN 012-311-060, collectively referred to in Project documents as "300 Miller Avenue", and WHEREAS, on June 29, 2011 the legislature of the State of California (the "State") adopted Assembly Bill xl 26 ("AB 26"), which amended provisions of the Redevelopment Law; and WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with AB 1484, the "Dissolution Law"), the former South San Francisco Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, pursuant to the Dissolution Law, the State of California. Department of Finance ("DOF"), on August 31, 2012, approved transfer of certain properties, including a portion of the Property, to the City of South San Francisco in its capacity as the Successor Housing Agency; and WHEREAS, in January of 2015, the City and Rotary Plaza, Inc. ("Developer") entered into an Exclusive Negotiation Rights Agreement ("ENRA") that established a mutual understanding among the City and the Developer regarding the potential development of the Property; and WHEREAS, the Developer has proposed construction of a mixed-use residential development ("Project"), consisting of 80 affordable senior housing units, 1 manager's unit and 1,993 square feet of community assembly space over .56 acres at the following; addresses: 310 1 Miller Avenue, 312 Miller Avenue, 314 Miller Avenue and a municipal parking lot (collectively referred to as "300 Miller Avenue" or "Project Site") in the City; and WHEREAS, the City is interested in selling the Property to the Developer as contemplated in the ENRA, contingent upon approval of a Purchase and Sale Agreement, an Affordable Housing Regulatory Agreement, a Performance Deed of Trust and a Development Agreement by the City Council, Developer securing all funding for the Project, and Developer obtaining all applicable land use entitlements from the City necessary to construct the Project on the Project Site; and WHEREAS, to construct the Project, Developer seeks approval of a Conditional Use Permit, Design Review, Waiver and Modifications, Density Bonus, and Parking Reduction ("Land Use Entitlements"); and WHEREAS, Developer seeks approval of the Density Bonus and Parking Reduction pursuant to the City of South San Francisco Municipal Code Section ("SSFMC") 20.390.006, Government Code Section 65915, and SSFMC Section 20.330.007(C) for the Project; and WHEREAS, the Project is within the Downtown Residential Core ("DRC") zone as designated in the Downtown Station Area Specific Plan ("DSASP") and Chapter 20.280 of the SSFMC, which permits affordable senior housing at 125 units per acre with approval of a conditional use permit through a combination of public benefits outlined in SSFMC Section 20,280.005(A) and is not exclusive of any density bonus allowed pursuant to Chapter 20.390 of SSFMC; and WHEREAS, the City has confirmed that because the Project, excluding one manager's unit, will consist of 100 percent residential units affordable to low-income seniors, the Project meets the criteria specified in SSFMC Chapter 20.390 and Government Code Section 65915(f), and as such qualifies for a density bonus; and WHEREAS, as the Project would meet the affordability thresholds under SSFMC Chapter 20.390, the Project qualifies for a maximum density of 156 units per acre under the SSFMC, but only proposes a density of 144 units per acre, which is well below the maximum allowable density; and WHEREAS, the City has confirmed that the Project meets the criteria specified in Government Code Section 65915(p)(3)(B), and as such cannot be required to provide more than 0.5 parking spaces per unit (41 spaces); and WHEREAS, Developer has also requested a Parking Reduction pursuant to SSFMC Section 20.330.007(C) to reduce the requirement from 41 to 39 spaces; and 2 WHEREAS, the City has confirmed that the Project meets the criteria specified in SSFMC Section 20.390.009 and Government Code Section 65915(d), and as such is entitled to three "incentives" as defined by Government Code Section 65915; and WHEREAS, the Developer has requested only one of the three incentives to which it is entitled: to provide 39 parking spaces instead of 41 parking spaces; and WHEREAS, approval of the Developer's proposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. ("CEQA")-, and WHEREAS, the City Council certified an Environmental Impact Report ("EIR") on January 28, 2015 (State Clearinghouse number 2013102001), which included a Mitigation Monitoring and Reporting Program, in accordance with the provisions of the CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the DSASP; and WHEREAS, the City Council also adopted a Statement of Overriding Considerations ("SOC") on January 28, 2015 in accordance with the provisions of CEQA and the CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project's economic, legal, social, technological and other benefits; and WHEREAS, the Project is statutorily exempt from CEQA pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the DSASP and none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred; and WHEREAS, the Project is also categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 as an infill development project and none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred; and WHEREAS, the City prepared an Environmental Consistency Analysis for the Project pursuant to CEQA Guidelines Section 15168(c)(2) and concluded that in accordance with the requirements of CEQA Guidelines Section 15162, as a result of the Project no new effects could occur and no new mitigation would be required even if the Project was not exempt from CEQA . The Environmental Consistency Analysis demonstrates that the Project 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 DSASP EIR certified by City Council; and WHEREAS, on March 17, 2016 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the Development Agreement and proposed Land Use Entitlements and take public testimony and 3 recommended that the City Council approve the proposed Land Use Entitlements and Development Agreement; and WHEREAS, on April 13, 2016 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Land Use Entitlements, take public testimony, and adopt this resolution approving a Conditional Use Permit (UP15-0010), Design Review (DR15-0083), Waiver and Modifications (WM16-0001), Parking Reduction (PEI 6-0001), and Density Bonus, subject to the draft Conditions of Approval. 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 Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by HKIT Architects, dated February 23, 2016 the Environmental Consistency Analysis, as prepared by City staff, dated March 17, 2016 including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed March 17, 2016 meeting; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed April 13, 2016 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: A. General Findings 1. The foregoing recitals are true and correct. 2. The Exhibits attached to this Resolution, Conditions of Project Approval (Exhibit A) and the Project Plans (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 the Planning Manager, Sailesh Mehra. 4. Based upon the testimony and information presented at the bearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by City staff, dated March 17, 2016 , the City Council, exercising its independent judgment and analysis, finds that the Project is statutorily exempt from CEQA pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the DSASP and that none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred, that the Project is categorically exempt from CEQA pursuant to CEQA 4 Guidelines Section 15332 as an infill development project and that none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred, and that as a result of the Project no new effects could occur and no new mitigation would be required pursuant to CEQA Guidelines Section 15168(c)(2) and in accordance with the requirements of CEQA Guidelines Section 15162 even if the Project was not exempt from CEQA . The Environmental Consistency Analysis demonstrates that pursuant to CEQA Guidelines Section 15168(c)(2), the Project falls within the environmental parameters analyzed in the DSASP EIR, and that the Project 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 DSASP EIR certified by City Council nor would new mitigation be required for the Project. This is supported by the fact that, consistent with the DSASP EIR Mitigation Monitoring and Reporting Program, a Shadow Analysis, a Historic Resources Analysis, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the DSASP EIR. B. Conditional Use Permit I The proposed Project is allowed within the Downtown Residential Core Zoning District and, as modified by the entitlement request, is consistent with the standards and requirements of the City's Zoning Ordinance and with the provisions of the Downtown Residential Core Zoning District and all other titles of the SSFMC. The Project meets or exceeds all of the general development standards of the Downtown Residential Core Zoning District, with the exception of the increased density, parking reduction, modification to lot coverage, usable open space requirement and waiver of the private storage standards. However, the increased density is permissible and warranted by the City's Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project and the provision of affordable housing to low income senior households. Approval of a modification to lot coverage and usable open space requirements and the waiver of the private storage standards is discussed in sections E, F, and G respectively, and allowable through a waiver and modification request. Approval of a parking reduction is discussed in section H. 2. The proposed Project is consistent with the General Plan and the Downtown Station Area Specific Plan by creating a high-density residential environment that emphasizes pedestrian-activity with buildings built up to the property line and providing a well-articulated and visually engaging development that implements the goals of the Downtown Station Area Specific Plan, and is consistent with the City's Design Guidelines as they relate to building design, forrn and articulation. Further, the Project will pay state prevailing wages, which is consistent with the permissive DSASP Land Use Strategy LU-1 policy, which encourages the use of local workforce and local business sourcing for development in the plan area and the paying of area standard wages for construction. 5 3. The proposed residential use will not be adverse to the public, health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, because the proposed use is consistent with the approved uses in both the General Plan and Downtown Station Area Specific Plan. The Project proposes high-density residential uses located in the City's Downtown Station Area Specific Plan District, which is intended for this type of use. The General Plan has analyzed this type of use and concluded that such residential uses are not adverse to the public health, safety, or welfare. As the proposed Project is consistent with other residential land uses in the Downtown Residential Core Zoning District, approval of the Project will not be detrimental to nearby properties. 4. The proposed Project complies with applicable design and development standards and requirements of the City's Zoning Ordinance, with the exception of the increased density that is evaluated under the Conditional Use Permit and Density Bonus Ordinance, parking reduction that is evaluated under the Parking Reduction process for Downtown Parking and the Density Bonus Ordinance, and the modification to lot coverage, usable open space requirement, and waiver of the private storage standards that are evaluated under the Waiver and Modification process. The stated density is permissible and warranted by the City's Zoning Ordinance subject to the provision of sufficient public benefits included as part of the development project and the provision of affordable housing to seniors. The proposed Project is located in the Downtown Residential Core Zoning District and, subject to the discussion on the density bonus, modification, parking reduction and waiver requests below, meets the minimum standards and requirements for the zoning districts, 5. The design, location, size, and operating characteristics of the proposed Project are compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes a residential use in the Downtown Residential Core Zoning District, which is specifically intended for such a use. 6. The site is physically suitable for the type of development and density proposed, as the residential use will benefit from being located in close proximity to the South San Francisco Caltrain Station, Grand Avenue, and the overall Downtown Station Area Specific Plan Area, and the size and development is appropriate for the location and meets the City's land use and zoning standards, as amended by the Conditional Use Pen-nit, Density Bonus Ordinance, Parking Reduction and Waiver and Modification process. Access to the site via existing roadways is sufficient as the Project is within a built-out urban environment, utilities are provided on-site or proposed for minor upgrades, and no physical constraints such as topography or lack of facilities exist that would prevent suitable development. 7. The Project is statutorily exempt from the California Environmental Quality Act pursuant to Government Code Section 65457 as a residential development project that is undertaken to implement and is consistent with the Downtown Station Area Specific Plan and 6 none of the conditions specified in CEQA Section 21166 or CEQA Guidelines Section 15162 have occurred. Further, the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 as an infill development project and none of the exceptions to the exemption specified in CEQA Guidelines Section 15300.2 have occurred. Further, On January 28, 2015, a program environmental impact report (EIR) was certified by the City Council of South San Francisco (Final Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan, State Clearinghouse #2013102001). The program EIR assessed the potential environmental impacts resulting from implementation of the DSASP. The DSASP established new land use, development, and urban design regulations for the area for a 20-year planning period. The DSASP also established a Mitigation, Monitoring, and Reporting Program (MMRP) with mitigation measures for any project meeting certain thresholds. In addition, even though the Project is statutorily and categorically exempt from CEQA, the City also prepared an Environmental Consistency Analysis pursuant to CEQA Guidelines Section 15168 (c), which considered whether any new environmental effects not identified in the DSASP program EIR might be created by construction and operation of the Project. The analysis concluded that in accordance with the requirements of CEQA Guidelines Section 15162, as a result of the Project, no new effects could occur and no new mitigation would be required even if the Project was not exempt from CEQA The Environmental Consistency Analysis demonstrates that the Project would not create any additional environmental impacts in excess of those previously analyzed and addressed by the DSASP program EIR, Mitigation, Monitoring and Reporting Program and Statement of Overriding Considerations. 8. The proposal would result in a project whose proposed public benefits and requested development incentives are suitable to the site as envisioned by the Downtown Station Area Specific Plan and relate appropriately to adjacent uses and structures. The provision of additional residential units through the increased density will provide more residents within the downtown to create a vibrant community for Downtown and is consistent with Land Use Strategies LU-5 and LU-8. Moreover, the provision of new landscaping will improve the site and enhance the public realm and is consistent with Urban Design Strategy UD-16 and Guiding Principle 17. 9. The proposed Project would be consistent with the accepted list of public benefits outlined in Section 20.280.004(A) and such benefits would not otherwise result through provisions of the City's policies, ordinances, or other requirements. The proposed benefits of the project that would not otherwise result through provisions of the City's policies, ordinances, or other requirements include: ninety percent of the units being "adaptable, which allows for simple conversion by maintenance staff to a fully accessible unit, while 10% will be fully accessible, with additional visual and hearing accommodations; intention to work with general contractor to establish a local outreach plan to achieve specified local hire goals; Transit services such as Meals on Wheels, in-home support services, shared transportation. services with Beacon's Hillerest Gardens (Daly City) paratransit, and coordinated visits by physicians and nurses; and 7 common community space for the residents to allow large holiday events and smaller exercise and healthy living classes, as well as providing a meeting space for the larger community on a reservation basis. The addition of these enhancements will contribute to the Downtown area, 10. The proposed Project reflects a fair financial balance of the costs and benefits between the City and the applicant. The value of the public benefits offered by the applicant are reasonable in light of the non-profit structure of the Project, the Project's voluntary provision of senior affordable units beyond what is required to obtain a density bonus pursuant to the Municipal Code and state law, and the intangible benefits to the City of ensuring that senior residents are able to age in place when compared with the cost of the services provided by the City for the additional residents resulting from the increased density (provided for under section 20.280.005 of the Municipal Code). C. Design Review 1. The Project, including Design Review, is consistent with Title 20 of the South San Francisco Municipal Code because the Project has been designed as a high-density residential project which will provide a pedestrian-friendly, transit-oriented environment with sustainability elements incorporated. 2. The Project, including Design Review, is consistent with the General Plan because the proposed high-density residential development is consistent with the policies and design direction provided in the South San Francisco General Plan for the Downtown Residential Core land use designation by encouraging the development of new residential units within close proximity to the South San Francisco Caltrain Station and within the Downtown Station Area Specific Plan area. 3. The Project, including Design Review, is consistent with the applicable design guidelines adopted by the City Council in that the proposed Project is consistent with the Downtown Station Area Specific Plan Design Guidelines, as evaluated in the Zoning Ordinance Compliance analysis for the Project. 4. The Project is consistent with the Use Permit and all other requested planning approvals for the reasons stated in Section C, E, F, G, H, and I. 5. The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 ("Design Review Criteria") because the project has been evaluated by the Design Review Board on August 18, 2015, and found to be consistent with each of the eight design review criteria included in the "Design Review Criteria" section of the Ordinance. 8 D. Waiver and Modification for Usable Open Space Reguirement I. The Waiver and Modification request to reduce the usable open space requirement from 8,100 square feet to 7,489 square feet is necessary because increasing the open space area beyond what is proposed is not feasible given the size of the Project Site. Furthermore, an increase in usable open space beyond the proposed area would come at the expense of providing additional residential units and indoor common space, which is more appropriate for senior residential uses. 2. There are no alternatives to the Waiver and Modification to reduce the usable open space requirement from 8,100 square feet to 7,489 square because there are no alternatives that could provide an equivalent level of benefit to the applicant and occupants (constructing the proposed project with 81 residential units) with less potential detriment to surrounding owners and occupants or to the general public. A total of 1,890 square feet of indoor amenity area is proposed in addition to the 7,489 square feet of outdoor space. Given the nature of the resident population (seniors), the total of common useable indoor and outdoor area of 9,379 square feet would be sufficient. The impact to surrounding owners and occupants, as well as the general public, would be minimal since the total common useable indoor and outdoor area of 9,379 square feet should not result in an increase demand in public parks or other outdoor spaces. 3. The granting of the requested Waiver and Modification would not be detrimental to the health or safety of the public or the occupants of the property given that the reduction of the usable open space requirement is minor and that the 9,379 square feet of common useable indoor and outdoor area should not result in an increase demand in public parks or other outdoor spaces. E. Waiver and Modification for Lot Coverage Increase 1. The Waiver and Modification request to increase the maximum lot coverage by 8%© is necessary due to the physical characteristics of the proposed site. The project site is not wide enough to accommodate the parking and other necessary non-residential ground floor uses required by the zoning code, such as bicycle storage and ancillary community space uses, without cove-ring more than 90% of the site at ground level. Reducing the floor plate of the ground floor building would result in a loss of community amenities on the ground floor and residential units on the upper floors, which would keep the project from developing at the density otherwise permitted by the Zoning Code. 1 There are no alternatives to the Waiver and Modification request to increase the maximum lot coverage by 8% that could provide an equivalent level of benefit to the applicant. The only other alternative would be to create an underground parking structure for the project. If 9 the project was built with underground parking, and the resident open space were at the ground level, the lot coverage would be closer to 75%. However, due to liquefiable soils found on the project site and the costs associated with the design and construction of subterranean parking, having this design would make the project cost prohibitive, and the excavation work required to create underground parking would potentially be more disruptive to surrounding uses, thereby creating potential detriment to surrounding owners. 3. The granting of the requested Waiver and Modification to increase the maximum lot coverage by 8% would not be detrimental to the health or safety of the public or the occupants of the property. Although the extra lot coverage is important for the project's feasibility, granting the waiver request would not result in a detriment to the general public or the future occupants of the project. Most of the useable outdoor space is at the second floor level, which is provides easy accessibility for the residents and is essential to the enjoyment of the residents. F. Waiver and Modification for Private Storage Reguiremen 1. The Waiver and Modification request to waive the Downtown Station Area Specific Plan District Private Storage requirement is necessary due to the physical characteristics of the proposed project and the nature of the proposed use. Waiving the required number of storage units would maximize the number of residential units for the project.. The nature of senior population, the fire hazard and maintenance issues related stored items, pest management, the disposal of abandoned property, and liability for damages incurred to property in storage add to the difficulty of meeting this requirement. To mitigate this reduction, staff has recommended a Condition of Approval requiring that if the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage in common areas or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 2. There are no alternatives to the Waiver and Modification to waive the Downtown Station Area Specific Plan District Private Storage requirement because due to the number of dwelling units and usable floor area, there are no alternatives that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public. Since this requirement relates to private storage, the impact to surrounding owners and occupants, as well as the general public, is minimal since few or no residents would contemplate storing valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage in common areas or within on-site parking spaces. I The granting of the requested waiver and modification would not be detrimental to the health or safety of the public or the occupants of the property The impact to surrounding 10 owners and occupants, as well as the general public, is minimal because no residents would store valuable goods within the public right-of-way, and a Condition of Approval has been included to prevent storage on balconies or within on-site parking spaces. Furthermore, the project would include on-site bicycle storage, farther reducing the need for additional private storage space. H. Parking Reduction 1, The Municipal Code does not include parking requirements specific to senior residential developments. Under Chapter 20.330, multi-unit housing developments require I space per unit in the Downtown Zoning Districts. However, as a qualifying senior housing development under Government Code Section 65915(p)1(3)(B), state law mandates that the Project cannot be required to provide more than 0.5 parking spaces per unit (41 spaces). The Project requests a further reduction from 41 parking spaces to 39 parking spaces; an on-site traffic and circulation analysis prepared by Abrams Associates Traffic Engineering, Inc., dated September 2, 2015, an Addendum to said analysis prepared on February 19, 2016, and parking utilization rates from other senior residential developments , concluded that 39 parking spaces was sufficient for the Project. With the proposed Conditions of Approval to require parking signage and manage the parking assignment for tenants, the Project will provide sufficient on- site parking. The Project is also located adjacent to the Miller parking garage, which could provide residents with additional parking options. Additionally, the Caltrain commuter station and SamTrans bus routes, along with a proposed bicycle share program, represent alternative travel modes that will support residents without vehicles. Thus, there is sufficient parking within the site and the surrounding District to accommodate the proposed use. 1. Density Bonus As a 100 percent housing development affordable to low-income seniors (with the exception of the Manager's unit), the Project qualifies for a density bonus, modified parking standards, and up to three incentives. 1. The Density Bonus Ordinance helps achieve the City's housing goals for lower- income, moderate-income or qualified resident households, as set forth in the housing element of the General Plan. According to the Housing Element, 14 percent of South San Francisco's population is age 65 or older, which creates a demand for housing designed to meet the needs of seniors. Housing Element Policy 5-1 encourages developers and non-profits to provide housing for the elderly in higher-density areas close to shopping and transportation, and Housing Element Program 5-1A specifically contemplates the use of the density bonus program to create an incentive to develop senior housing. The Project would provide lower-income senior housing near Downtown and the Caltrain Station, and would use the density bonus to increase the number of units available on the site. 2. The requested incentives are necessary to make the project economically feasible. Pursuant to Government Code 65915, the Project is eligible for a density bonus of up to 35 percent. City of South San Francisco Municipal Code Chapter 20.390 defines density bonuses of over 25 percent as an incentive, however, the Project is requesting a density bonus of 15 percent, 11 so no incentive is required. However, the Project is requesting a reduction from 41 spaces to 39 spaces; the reduction will create the opportunity to increase bicycle parking to qualify for additional funding sources, such as the Affordable Housing Sustainable Communities program, that are required to provide for the affordable housing cost of the Project's units. 3. The Project shall not result in an overall development pattern that is incompatible with other land uses in the immediate vicinity. Even with the density bonus, the Project is consistent with the development standards established in the General Plan and Downtown Station Area Specific Plan and is compatible with the City's vision for higher-density housing in the Downtown core and near transit facilities. 4. The Project complies with the General Plan, zoning and development policies of the City. The Project is designated in the General Plan for Downtown Commercial which permits residential development above the first floor with no maximum density specified and a maximum floor area ration ("F.A.R.") of 3.0. The Project includes parking and accessory office and community space on the ground floor with residential units above and an F.A.R. of 2.95, and it is therefore consistent with the General Plan designation. Furthermore, the Project is consistent with all applicable General Plan policies as set forth in the Planning Commission Staff Report dated March 17, 2016 and included in the record as part of the material accompanying the Project's hearing. The Project is within the Downtown Residential Core ("DRC"') sub-district as designated in the Downtown Station Area Specific Plan and Chapter 20.280 SSFMC and has been designed to comply with all the regulations of the DRC sub-district. The DRC sub-district permits affordable senior housing at 125 units per acre with approval of a conditional use permit through satisfaction of qualified public benefit plus any density bonus allowed pursuant to Chapter 20,390 of the SSFMC. As a project that would be 100 percent affordable to low-income seniors, the Project qualifies for a density bonus of 25 percent pursuant to the Municipal Code, or a maximum density of 156 units per acre. The Project proposes a density of only 144 units per acre, well below the maximum allowable density. The parking modification requested pursuant to Government Code 65915 and other waivers requested as part of the Project approvals consistent with Chapter 20.510 of SSFMC require no zoning changes. Therefore, the Project is consistent with all applicable zoning designations and regulations. 5. The Project shall not result in a reduction in the affordable housing stock for lower income groups due to the conversion of apartment units to condominiums. Because the Project does not propose to convert any existing apartment units to condominiums, it would not result in the loss of housing stock for lower income groups. In fact, the Project proposed to increase the City's affordable housing stock by developing 80 units of affordable senior housing and 1 manager unit on underutilized land that currently contains a surface parking lot and single family residences. NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the draft Conditions of Approval, attached as Exhibit A to this resolution, and conditioned upon the approval of the Development Agreement on terms acceptable to the City Council, the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and takes the following action: 12 1. Approve a Conditional Use Permit (UP15-0010), Design Review (DR15-0083), Waiver and Modifications (WM16-0001), Parking Reduction (PE16-0001), and Density Bonus, subject to the draft Conditions of Approval, attached as Exhibit A. 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 13th day of April, 2016 by the following vote: AYES: Councilmembers Daryl Matsumoto, Richard A. Garbarino and Liza Normandy Vice Mayor Pradeep.,GupLa.and Mayor Mark N. Addiggo NOES: None ABSTAIN: None ABSENT: None ATT&T:� is artinelli, City Clerk 13 Exhibit A Conditions of Approval DRAFT CONDITIONS OF APPROVAL P15-0043: UP15-0010, DR15-0083, PE16-0001, WM16-0001 310 Miller Avenue,312 Miller Avenue,314 Miller Avenue, and APN 012-311-060 (As recommended by City Staff on April 13, 2016) 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 project shall be constructed and operated substantially as indicated on the plan set prepared by HKIT Architects, dated February 23, 2016. 3. The applicant shall comply with all applicable mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP,) for the Downtown Station Area Specific Plan. 4. The applicant shall comply with all terms and conditions specified in the Development Agreement. 5. Landscaped areas in the project area may contain trees defined as protected by the South San Francisco Tree Preservation Ordinance, Title 13, Chapter 13.30. Any removal or pruning of protected trees shall comply with the Tree Preservation Ordinance and obtain a permit for any tree removals or alterations of protected trees, and avoid tree roots during trenching for utilities. 6. Prior to issuance of any building or construction permits, the developer shall include in the development plans the following Climate Action Plan requirements, subject to review and approval by the Chief Planner or designee: a) Install conduit to accommodate wiring for solar. b) Use of high-albedo surfaces and technologies as appropriate, as identified in the voluntary CALGreen standards. c) Implement the Water Efficient Landscape Ordinance. 7. The applicant shall comply with the recommendations of traffic and on-site circulation analysis prepared by Abrams Associates Traffic Engineering, Inc., dated September 2, 2015, 14 8. All parking areas are to be maintained free and clear of litter and storage and shall remain clear for parking at all times. No outdoor storage of materials or personal items is permitted, 9. If the proposed reduction to the Private Storage requirement results in unfavorable conditions related to storage on balconies, or within approved on-site parking spaces, the applicant shall provide off-site storage options to residents, with prior approval by the Chief Planner. 10. All equipment (either roof, building, or ground-mounted) shall be screened from view through the use of integral architectural elements, such as enclosures or roof screens, and landscape screening or shall be incorporated inside the exterior building wall. Equipment enclosures and/or roof screens shall be painted to match the building. Prior to issuance of a building permit the applicant shall submit plans showing utility locations, stand-pipes, equipment enclosures, landscape screens, and/or roof screens for review and approval by the Chief Planner. 11, No signs are included in this permit application. Prior to installation of any signage, the applicant shall submit an appropriate sign application per Chapter 20.360 of the Zoning Ordinance for review and approval. 12. Prior to issuance of any building or construction permits for the construction of public improvements, the final design for all public improvements shall be reviewed and approved by the City Engineer and Chief Planner. 13, Prior to issuance of any building or construction permits for grading improvements, the applicant shall submit final grading plans for review and approval by the City Engineer and Chief Planner. 14. Prior to issuance of any building or construction permits for landscaping improvements, the applicant shall submit final landscaping and irrigation plans for review and approval by the Chief Planner. The plans shall include documentation of compliance with SSFMC § 20.300.007 "Landscaping", including Water Efficient Landscaping and Irrigation calculations. 15. Prior to the issuance of any building or construction permits, the applicant shall contact the South San Francisco Scavenger Company to properly size any required trash enclosures and work with staff to locate the trash enclosure in accordance with the zoning ordinance, 15 SSFMC 20.300.014. An approval letter from South San Francisco Scavenger shall be provided to the Chief Planner. 16, Unless granted a waiver by the City Council pursuant to San Francisco Municipal Code Section 20.3 10.004, prior to issuance of certificate of occupancy for residential uses, the applicant shall pay any applicable childcare fees in accordance with South San Francisco Municipal Code Chapter 20.115. This fee is subject to annual adjustment, and presently is assessed at $1,85 1.00 per high density residential unit. 17. The applicant shall provide a full-scale mockup of a section of exterior wall that shows the cladding materials and finishes, windows, trim, and any other architectural features of the building to fully illustrate building fenestration. A site inspection by Planning Division staff will be required prior to proceeding with exterior construction. 18. Any standpipe system proposed for the building shall be enclosed or recessed in a manner consistent with the proposed building's architecture and subject to Chief Planner approval. 19. 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. Planning Division contact. Rozalynne Thompson, Associate Planner (650) 877-8535 B) Fire Department requirements shall be as follows: 1. Install fire sprinkler system per NFPA 13/SSFFD requirements under separate fire plan check and permit for overhead and underground. 2. Fire sprinkler system shall be central station monitored per California Fire Code section 1003.3. 3. Install a standpipe system per NFPA 14/SSFFD requirements under separate fire plan check and permit. 4. Install exterior listed horn/strobe alarm device, not a bell. 5. Elevator if provided shall not contain shunt-trips. 6. At least one elevator shall be sized for a gurney the minimum size shall be in accordance with the CFC. 7. Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco Municipal Code. 16 8. Plans are to conform to Building codes and the City of South San Francisco Municipal Code, Section 15.24.130. 9. Provide fire extinguishers throughout the building. 10. All Non parking space curbs to be painted red to local Fire Code Specifications 11. Access road shall have all weather driving capabilities and support the imposed load of 75,000 pounds. 12. Provide fire hydrants; location and number to be determined. 13, Provide fire hydrants with an average spacing of 400 feet between hydrants. 14. The fire hydrants shall have a minimum fire flow of 2750 gpm at 20 psi residual pressure for duration of 4 hours. 15. All buildings shall provide premise identification in accordance with SSF municipal code section 15.24.100. 16. Provide Knox key box for each building with access keys to entry doors, electrical/mechanical rooms, elevators, and others to be determined. 17. All buildings shall have Emergency Responder Radio Coverage throughout in compliance with Section 510 of the California Fire Code. 18. This new residential construction will be assessed an adopted Public Safety Impact Fee, The amounts for low density are $168.90 per unit for the Police Department and $394,10 per unit for the Fire Department. Fire Department contact: Luis DaSilva, Fire Marshal (650) 829-6645 Q 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, 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. 3. For any work performed in the City's right-of-way, the Owner shall apply for and obtain an encroachment permit, and shall be responsible for all fees and deposits for the Permit. 4. Pay sewer lateral connection fee. 17 5. If excavation and grading work involves movement of more than 50 cubic yards of soil, a grading permit is required. Owner is responsible for all associated fees and deposits. 6. Applicant needs to do sewer study to verify that the existing sewer mains can handle the additional flow the new development on the combined parcels. a. Oyster Point Interchange Impact Fee: Not Applicable. b. East of 101 Sewer Impact Fee: Not Applicable c. East of 101 Traffic Impact Fee (TIF): Not Applicable. Engineering Division contact: Robert Hahn, Senior Engineer (650) 829-6652 D) Police Department requirements shall be as follows: 1. All construction must conform to South San Francisco Municipal Code Chapter 15.48 — Minimum Security Standards. Police Department contact: Mike Rudis, Sargeant (650) 829-6652 E) Water Control Quality Plant requirements shall be as follows: I. Fire sprinkler test drain must be connected to the sanitary sewer. 2. Condensate drains from HVAC system must be connected to the sanitary sewer. 3. Site is subject to Low impact development requirements; site must treat stormwater prior to it entering the stormwater system. 4. Completed attached forms for low impact development. 5. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo (No Dumping! Flows to Bay). 6. Landscaping shall meet the following conditions related to reduction of pesticide use on the project site: a) Where feasible, landscaping shall be designed and operated to treat stormwater runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified. b) Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. 18 c) Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable. d) Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. e) Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design to the maximum extent practicable. Examples of IPM principles and techniques include: i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site. In making these selections, consider future conditions when plants reach maturity, as well as seasonal changes. iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest-resistant and disease-resistant plants. v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan. vi. Use "insectary" plants in the landscaping to attract and keep beneficial insects. 7, No decorative bark shall be used in landscaping. 8. A grading and drainage plan must be submitted. 9. An erosion and sediment control plan must be submitted. Water Quality contact: Rob Lecel, Senior Environmental Compliance Officer (650) 877-8555 19 Exhibit B Project Plans 26300 15.1 20 �_Hi ' •r o�ma ses mesa moss szrmz:: ff '..4 t.,_>3 Ott 31 n guise mgr-+ IM r r. %f i uj LU co z Co r 4 �a � LIJ ��� 0 r, x' I / � tlt. �' �IO�• 119 ■ H '7C R LU ;z 0. 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