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HomeMy WebLinkAboutOrd 1324-2003ORDINANCE NO. 1324-2003 AN ORDINANCE AMENDING THE CITY OF SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTER 20.27, TRANSIT VILLAGE ZONING DISTRICT TO REQUIRE A USE PERMIT FOR ALL PROJECTS THAT GENERATE 100 OR MORE AVERAGE VEHICLE TRIPS PER DAY (ADT) AND CHAPTER 20.120, TRANSPORTATION DEMAND MANAGEMENT TO INCLUDE CHILDCARE AS A OPTIONAL TDM MEASURE WHEREAS, in August 2001, the City of South San Francisco City Council adopted the Transit Village Zoning District and Plan; and WHEREAS, the Planning Commission Staff Report, dated August 16, 2001, and the City Council Staff Report, dated August 22, 2001, indicate that any future project or development applications would be subject to a separate environmental review and City approvals; and WHEREAS, in December 2000, the City of South San Francisco City Council adopted an ordinance to require a use permit for all projects that would generate 100 or more average daily trips over the previous use of a property; and WHEREAS, the proposed amendment to Chapter 20.27 would further the goals of the General Plan by allowing the City to impose reasonable conditions on future uses to mitigate the effects of the proposed use on traffic flow in the Transit Village area and surrounding residential neighborhoods. WHEREAS, the proposed amendment to Chapter 20.27 is process-oriented and is consistent with the development goals and objectives of the Transit Village Zoning District; and WHEREAS, the proposed Amendment to Chapter 20.120 provides business additional flexibility to include childcare to the list of"Other Measures" not listed in the Chapter. WHEREAS, General Plan Implementing Policy 2-I-12 states "developing criteria for incentives for childcare facilities, as part of bonuses for specified TDM programs"; and WHEREAS, on May 1, 2003, the Planning Commission of the City of South San Francisco held a duly noticed public heating and recommended that the City Council adopt the proposed amendments; and WHEREAS, on May 14, 2003, the City Council of the City of South San Francisco held a duly noticed public heating on the proposed amendments; and WHEREAS, the proposed amendments have been determined to be "Categorically Exempt" under the "General Rule" (CEQA Section 15061 (b) (3)) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed amendments are process-oriented, requiring additional levels of review (use permit) and an additional TDM measure (childcare) for future projects. Consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. WHEREAS, the findings and determinations contained herein are based on all competent and substantial evidence in the record, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council and are supported by substantial evidence in the record, including the staff report submitted at the City Council meeting on May 14, 2003 thereto. NOW, THEREFORE, the City Council of the City of South San Francisco hereby finds as follows: The above described amendments to the South San Francisco Municipal Code are internally consistent with the South San Francisco General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco City Council that the Council does hereby: 1. Adopt amendments to the City of South San Francisco Municipal Code, Chapter 20.27, Transit Village Zoning District to require a use permit for all projects that generate 100 or more average vehicle trips per day (ADT) and Chapter 20.120, Transportation Demand Management to include child care as an optional TDM measure, as set forth in Exhibits A and B attached hereto and incorporated by reference. SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, 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 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days form and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14th day of May 2003. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 28th day of May 2003, by the following vote: AYES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Raymond L. Green, Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: /~.~/,O._'- ,/~,,?, /A'~,c.-,, · Cit/2, Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day °f May 2003' EXHIBIT A SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.27, TRANSIT VILLAGE ZONING DISTRICT Chapter 20.27, Transit Village Zoning District shall be revised to add the following text, underlined below: 20.27.030 Land Uses (c) "U" designates use classifications that may be permitted in the Transit Village District after review and approval of a use permit, as described in Chapter 20.81. In addition to procedures and criteria of any generally permitted in Section 20.27.030 shall meet the criteria established for conditional uses. ( 4 ) A Use Permit shall be required for all projects that generate 100 or more average vehicle trips per day (ADT). EXHIBIT B SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.120, TRANSPORTATION DEMAND MANAGEMENT Chapter 20.120, Transportation Demand Management shall be revised to add the following text, underlined below: 20.120.50 Additional Measures (j) Other Measures. Additional measures not listed in this chapter, such as childcare facilities and an in-lieu f~ that would be negotiated in a development agreement with the city, may be implemented as determined by the chief planner and approved by the planning commission. Once the planning commission approves the preliminary TDM plan, the chief planner may recommend additional measures either as part of the final TDM plan or as part of the triennial review process.