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HomeMy WebLinkAboutOrd. 1549-2018 (17-1228)City of South San Francisco City Council ' Ordinance: ORD 1549 -2018 File Number: 17 -1228 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: ORD 1549 -2018 ORDINANCE AMENDING THE SOUTH SAN FRANCISCO ZONING ORDINANCE, RELATED TO THE EL CAMINO REAL /CHESTNUT AVENUE PLAN DISTRICT, IN ACCORDANCE WITH SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.550. WHEREAS, in July of 2010, the City Council for the City of South San Francisco ( "City ") adopted a comprehensive update to the City's Zoning Ordinance, which repealed the then - existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title 20 that, among other actions, established new zoning districts, revised and reformatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards ( "Zoning Ordinance "); and WHEREAS, in July of 2011, the City adopted the El Camino Real/Chestnut Avenue Area Plan ( "ECR/C Plan ") and companion land use and development regulations in Chapter 20.270 of the Zoning Ordinance, which details the purpose, land use and development standards for the ECR/C Plan; and WHEREAS, the proposed revisions to the Zoning Ordinance ensure that there are no conflicts with the proposed Community Civic Campus Project that will construct a new recreation and library facility, police station, fire station, city offices, and associated parking within the El Camino Real /Chestnut Avenue Plan District ( "Project "); and WHEREAS, the revisions will also provide flexibility for certain provisions of the El Camino Real/Chestnut Avenue Plan District development standards for the Project and any future developments that may be constrained due to parcel size, shape and/or encumbrances; and WHEREAS, the City has prepared a Zoning Amendment ( "Amendment ") to the City's Zoning Ordinance, including refinements to Chapter 20.270 of the Zoning Ordinance; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study /Mitigated Negative Declaration (IS /MND) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (CEQA), in which the IS /MND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that City of South San Francisco Page 1 File Number: 17 -1228 Enactment Number., ORD 1549 -2018 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 City and consultant Michael Baker International prepared a Subsequent Environmental Impact Report (SEIR) in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, which discloses and analyzes the potential environmental impacts of the Project; and WHEREAS, the Draft SEIR ( DSEIR) was prepared and circulated for a 45 -day public /agency review period from July 2, 2017 through August 28, 2017, and a Final SEIR ( FSEIR) was prepared, which includes written responses to comments received on the DSEIR and minor revisions to the DSEIR (collectively, EIR); and WHEREAS, the Planning Commission reviewed and carefully considered the information in the Draft SEIR and the Final SEIR, at a duly noticed public hearing held on November 16, 2017, made the findings and recommended certification of the EIR, as an objective and accurate document that reflects the independent judgement of the City in the identification, discussion and mitigation of the Project's environmental impacts; and WHEREAS, the refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to the El Camino Real/Chestnut Avenue Area Plan District in Chapter 20.270 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 IS /MND prepared for the Zoning Ordinance, or the SEIR prepared for the Project, 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 November 16, 2017, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, on December 13, 2017 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment, take public testimony, consider the proposed Amendment, and take action on the proposed Amendment. 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. City of South San Francisco Page 2 File Number: 17 -1228 Enactment Number: ORD 1549 -2018 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: A. General Findings. The foregoing recitals are true and correct and made a part of this ordinance. 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; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed August 17, 2017 meeting; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed November 16, 2017 meeting; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed December 13, 2017 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate to the El Camino Real/Chestnut Avenue Area Plan District in Chapter 20.270 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 IS /MND prepared for the Zoning Ordinance, or the SEIR prepared for the Project, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 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. B. Zoning Amendment Findings The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, is consistent with the relevant ECR/C area plan, and is consistent with the City's overall vision for the Community Civic Campus project. None of the new or revised land use and development standards will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. The Zoning Amendments will ensure there is no conflict with the revisions to the ECR/C Plan and City of South San Francisco Page 3 File Number. 17 -1228 Enactment Number: ORD 1549 -2018 new land use and development standards are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations as deemed relevant by the Planning Commission and City Council because the added flexibility will accommodate special circumstances or encumbrances on The proposed revisions will not be detrimental to the use of land in any adjacent zone because the Amendment only refines existing development standards within the adopted ECR/C Plan and the El Camino Real /Chestnut Avenue Area Plan District in Chapter 20.270 but will not alter density, height or floor area ratio standards that could otherwise impact adjacent properties. SECTION II. AMENDMENTS. The City Council hereby makes the fmdings contained in this ordinance and adopts the revisions to the ordinance, as set forth in Exhibit A, attached hereto and incorporated herein. Sections and subsections that are not amended by this ordinance in Exhibit A shall remain in full force and effect. 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. City of South San Francisco Page 4 File Number. 17 -1228 Enactment Number: ORD 1549 -2018 Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 13th day of December, 2017. At a meeting of the City Council on 1/10/2018, a motion was made by Pradeep Gupta, seconded by Richard Garbarino, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Normandy, Councilmember Garbarino, Vice Mayor Matsumoto, Councilmember Gupta, and Councilmember Addiego Attest by 's inel Qk Liza Normandy, Mayor City of South San Francisco Page 5 Printed on 1112118 1 Draft Zoning Ordinance to modify Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District A. Revise Section 20.270.002 Sub Districts to read as follows: 20.270.002 Sub-Districts The following specific sub-districts are established within the El Camino Real/Chestnut District. El Camino Real/Chestnut sub-district boundaries are shown on the official Zoning Map. The purpose of each sub-district is as follows: A. El Camino Real/Chestnut Mixed Use, High Density (ECR/C-MXH). The El Camino Real/Chestnut Mixed Use, High Density sub-district is intended to provide sites for mixed-use development at high intensities. The ECR/C-MXH sub-district requires active uses that are accessible to the general public, generate walk-in pedestrian clientele, and contribute to a high level of pedestrian activity on the ground floor, along streets, sidewalks, and bike and pedestrian pathways, with commercial, residential, or public space up above, as well as eating and drinking establishments with outdoor dining. Publicly-accessible open space may also satisfy the active uses category where site constraints otherwise prohibit development, as determined by the Chief Planner. The commercial activities in the district are intended to be a destination, with regional and neighborhood serving establishments as well as civic uses. A public plaza along the BART right-of-way, just south of Oak Avenue, will provide a focus to the area, and a community-wide gathering space. B. El Camino Real/Chestnut Mixed Use, Medium Density (ECR/C-MXM). The El Camino Real/Chestnut Mixed Use, Medium Density sub-district is intended to provide sites for medium-intensity commercial, medical, or mixed-use development in close proximity to the BART station. The ECR/C-MXM sub-district is intended to act as a transition between the ECR/C-MXH and existing development. New development shall be designed to serve as a physical and visual buffer that will provide a transition between the BART station and existing Sunshine Gardens neighborhood. Along El Camino Real the existing Kaiser Hospital is expected to remain; while taller buildings at the Kaiser site will be allowed than previously, any redevelopment of the hospital should be designed to be visually cohesive in appearance, with articulated building form and massing, and connections to public spaces and surrounding uses. C. El Camino Real/Chestnut Residential, High Density (ECR/C-RH). The El Camino Real/Chestnut Residential, High Density sub-district is intended to provide for high-density residential development in the form of high rises, fronted by townhomes at the ground level, close to the BART station. Active uses are required at the lower levels along Mission Road and Centennial Way Linear Park to maintain visual interest and promote safety along the public rights-of-way. 2 B. Revise Section 20.270.003 Land Use Regulations to read as follows: 20.270.003 Land Use Regulations Table 20.270.003 below prescribes the land use regulations for “El Camino Real/Chestnut” sub-districts. The regulations for each district are established by letter designations as follows: “P” designates permitted uses. “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit by the Chief Planner. “C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the Planning Commission. “(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted. Use classifications are defined in Chapter 20.620 (“Use Classifications”). In cases where a specific land use or activity is not defined, the Chief Planner shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other sections of this title. Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub-Districts Uses Permitted ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classification below Single-Unit Attached P(1) P P Multi-Unit Residential See sub-classifications below Multi-Unit C(1) C C Senior Citizen Residential C(1) C C Elderly and Long-Term Care C(1) C C See Section 20.350.020 Group Residential Facilities Family Day Care Home See sub-classification below Small P(1) P P Residential Care Facilities See sub-classifications below Limited P(1) P P General - C C See Section 20.350.020 Group Residential Facilities Senior - C C See Section 20.350.020 Group Residential Facilities Public and Semi-Public Use Classifications Colleges and Trade Schools, Public or Private MUP MUP MUP Community Assembly, 2,000 square feet or less P P C See Section 20.350.012 Community Assembly Facilities 3 Community Assembly, more than 2,000 square feet or less MUP MUP C See Section 20.350.012 Community Assembly Facilities Community Garden P(2) P(2) P(2) Cultural Institutions P P - Day Care Centers P P - Government Offices P P - Hospitals and Clinics See sub-classification below Hospitals C(3) C - See Figure 20.270.003 Park and Recreation Facilities, Public P P P Public Safety Facilities P P - Schools, Public or Private C C - Social Service Facilities MUP MUP - See Section 20.350.035 Social Service Facilities Commercial Use Classifications Animal Care, Sales and Services See sub-classifications below Pet Stores P P - See Section 20.350.005 Animal Care, Sales and Services Veterinary Services P P - See Section 20.350.005 Animal Care, Sales and Services Artists’ Studios P P - Banks and Financial Institutions See sub-classification below Banks and Credit Unions P(4) P - Business Services P(4) P - Commercial Entertainment and Recreation MUP C(5) - Eating and Drinking Establishments See sub-classifications below Bars/Night Clubs/Lounges C - - Coffee Shops/Cafés P P C See Section 20.350.028 Outdoor Seating Restaurants, Full Service P - - See Section 20.350.028 Outdoor Seating Restaurants, Limited Service P C(5) - See Section 20.350.028 Outdoor Seating Food and Beverage Retail Sales See sub-classifications below Convenience Market P P - See Section 20.350.014 Convenience Market Grocery Store P P - Supermarket P P - Live-Work Units P(1) P - See Section 20.350.023 Live- Work Units Lodging See sub-classification below Hotels and Motels C C C Maintenance and Repair Services P MUP - Massage Businesses MUP MUP - See Section 20.350.026.5 Massage Businesses Offices See sub-classifications below Business and Professional P(4) P - Medical and Dental P P - 4 Walk-In Clientele P P - Parking, Public or Private P(6) P(6) - Personal Services See sub-classifications below General Personal Services P P - See Section 20.350.030 Personal Services Retail Sales See sub-classification below General Sales P P - Employment Uses Recycling Facilities See sub-classification below Collection Facility C(7) C(7) - See Section 20.350.032 Recycling Facilities Research and Development P P - Transportation, Communication, and Utilities Use Classifications Communication Facilities See sub-classifications below Antennae and Transmission Towers MUP(8) MUP(8) MUP(8) See Chapter 20.370 Antennas and Wireless Communications Facilities Facilities within Buildings MUP MUP MUP Utilities, Major C C - Utilities, Minor P P P Other Applicable Use Regulations Accessory Uses See Section 20.300.002 Accessory Buildings and Structures Home Occupations P P P See Section 20.350.021 Home Occupations Nonconforming Use See Chapter 20.320 Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 20.340 Temporary Uses 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. Subject to site evaluation based on prior use. 3. Allowed only on the northeast corner of El Camino Real and Arroyo Drive/Oak Avenue Extension. See Figure 20.270.003. 4. Customer service offices are permitted on the ground level, and other offices are permitted on the second floor or when conducted as an accessory use with a permitted use on the site, occupying no more than 25 percent of the floor area. Additional office space may be allowed with a Use Permit, upon finding that such use will not conflict with adjacent street level retail uses. 5. Not permitted along Mission Road. 6. Must be structured. 7. Large Collection Facilities are not permitted. 8. Only building mounted or completely enclosed within a building. Not permitted on the ground floor. Figure 20.270.003 Hospital Uses 5 (Ord. 1501 § 2, 2015; Ord. 1487 § 2, 2014; Ord. 1449 § 2, 2011; Ord. 1448 § 2, 2011) C. Revise Section 20.270.004 Development Standards, Table 20.270.004-1, Table 20.270.004-2, and Additional Development Standards to read as follows: 20.270.004 Development Standards Tables 20.270.004-1 to 20.270.004-3 prescribe the development standards for the El Camino Real/Chestnut sub-districts. Additional regulations are denoted in the right-hand column. Section numbers in this column refer to other sections of this title, while individual letters refer to subsections that follow the tables, under “Additional Development Standards.” The numbers in Figure 20.270.004-1 refer to corresponding regulations in the “#” column in the associated table. Table 20.270.004-1 Lot, Density, and FAR Standards for El Camino Real/Chestnut Sub-Districts Standard ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations # Minimum Lot Size (sq. ft.) 20,000 20,000 20,000 Minimum Lot Width (ft.) 50 50 50 Floor Area Ratio (FAR) 6 Minimum Floor Area Ratio 0.6 exclusive of areas devoted to parking, of which a minimum 0.3 FAR shall be Active uses n/a The requirement for a minimum 0.3 FAR of Active uses does not apply to projects where 30% of the units are restricted and affordable to low- or low-moderate income households or in the ECR/C- MXM sub-district along El Camino Real or where site constraints otherwise limit ground-floor development, as determined by the Chief Planner. Maximum Floor Area Ratio 2.0 1.5 n/a Exclusive of structured parking Maximum Floor Area Ratio with Incentive Program 3.0(A) 2.5(A) n/a Exclusive of structured parking Residential Density (units per acre; included within the FAR above) Minimum Density n/a n/a 80 Maximum Density 80 40 120 See Chapter 20.390, Bonus Residential Density Maximum Density with Incentive Program 110 60 180 See (A) and See Chapter 20.390, Bonus Residential Density Figure 20.270.004-1 Reference Figures 7 Table 20.270.004-2 Building Form and Location Standards for El Camino Real/Chestnut Sub-Districts Standard ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations # Height (ft.) Minimum Building Height 25; 40 along Chestnut Avenue and BART right-of-way, south of Oak Avenue (B) 1 Maximum Building Height See Figure 20.270.004-2 (A)(B) Minimum Ground Floor Height (Nonresidential Uses) 15; 12 min. clearance n/a (B) 2 Minimum Ground Floor Height (Residential Uses) 12 12 n/a (B) 3 Maximum Finished Floor Height (Residential Uses) 5 5 5 (B) 4 Yards (ft.) 8 El Camino Real Frontage At property line or 15 from curb (whichever is greater) n/a See (C) and 20.300.011 Projections into Required Yards 5 BART Right-of-Way Frontage 0 0 0 See (C) and 20.300.011 Projections into Required Yards All other Street Frontages Property line or 15 from curb (whichever is greater) 10 from property line or 15 from curb (whichever is greater) 10 See (C) and 20.300.011 Projections into Required Yards 6 Interior Side 0; 10 min when abutting a residential district 10 See (D) and 20.300.011 Projections into Required Yards 7 Rear 0 0 0 (D) 8 Corner Build Area (ft.) 30 30 30 (E) 9 Maximum Tower Dimension (ft.) 125 125 125 (F) 10 Maximum Separation Between Towers (ft.) 30 30 30 (F) 11 Maximum Lot Coverage (%) 90 90 90 See Chapter 20.040 Rules of Measurement Table 20.270.004-3 Open Space and Landscaping Standards for El Camino Real/Chestnut Sub- Districts Standard ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations # Minimum Usable Open Space (sq. ft. per residential unit) 150 150 150 (G) Minimum Public Open Space (% of site) 10; applicable only to lots greater than 15,000 square feet Minimum Amount of Landscaping (% of site) 10 10 10 See Section 20.300.007 Landscaping Figure 20.270.004-2 Building Height 9 Additional Development Standards 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: 1. 0.5 FAR, up to 30 units per acre and/or 20 feet of height for the incorporation of Transportation Demand Management (TDM) measures specified in Chapter 20.400, Transportation Demand Management, or as deemed appropriate by the Chief Planner for residential projects. 2. 0.5 FAR, up to 30 units per acre and/or 20 feet of height for the following subject to Planning Commission approval: a. Projects that include high quality, innovative design and product type, and maximum provisions for pedestrian and bicycle use. b. Provision of Off-Site Improvements. This may include off-site amenities and/or infrastructure (other than standards requirements and improvements) such as funding for public safety facilities, libraries, senior centers, community meeting rooms, child care or recreation, or new or enhanced public spaces. c. Provision of green building measures over and above the applicable green building compliance threshold required pursuant to Title 15 (“Building and Construction”) of the South San Francisco Municipal Code. B. Heights and Building Stepbacks. 10 1. Ground Floor Height. The minimum ground floor height for buildings with nonresidential uses at the ground level is a minimum of 15 feet, with a minimum 12-foot clearance from floor to ceiling. In the ECR/C-MXH and ECR/C-MXM sub-districts, the minimum ground floor height shall be 12 feet for buildings containing ground floor residential uses. 2. Finished Floor Height for Residential Uses. The maximum finished floor height for ground floor residential uses is 5 feet above grade. 3. Street Wall Height. The minimum height of the street wall is 25 feet and the maximum height of the street wall is 35 feet. Along Chestnut Avenue and the BART right-of-way, south of Oak Avenue, the minimum height of the street wall is 40 feet and the maximum height of the street wall is 50 feet. 4. Front Building Stepback. A minimum of 50 percent of the street facing building frontage shall be stepped back within the area defined by a 75 degree angle originating from the top of the street wall to a point 80 feet from the average level of the highest and lowest point of the property along the public street. The Chief Planner may approve a reduced stepback percentage of 45 percent provided that a public plaza with a minimum depth of 25 feet, landscaping and seating amenities is provided on the ground level at grade; or other comparable public amenities are provided. Exceptions beyond that are subject to Planning Commission approval. Figure 20.270.004(B)(3) and (4) Street Wall and Building Stepback C. Build-to Line. Buildings shall be constructed at the required setback for at least 65 percent of linear street frontage. The area between the building and property line shall be paved so that it functions as a wider public sidewalk. This requirement may be modified or waived by the Planning Commission if: 11 1. The established street wall along El Camino Real and Chestnut Avenue is not interrupted; 2. Substantial landscaping is located between the build-to line and ground floor residential units to soften visual impact of buildings; 3. Entry courtyards, plazas, entries, or outdoor eating and display areas are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, or dining area; or 4. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street. Figure 20.270.004(C) Build-to Line D. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows and facing an interior side or rear yard. The following setbacks shall be provided: 1. For any wall containing windows, a setback of at least 5 feet shall be provided. 2. For any wall containing bedroom windows, a setback of at least 10 feet shall be provided. 3. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided. 4. The required setbacks apply to that portion of the building wall containing and extending 3 feet on either side of any window. E. Corner Build Area. Buildings must be located in accordance with the required setbacks within 30 feet of every corner. Public plazas may be at the street corner provided buildings are built to the edge of the public plaza. 12 Figure 20.270.004(E) Corner Build Area F. Tower Dimension and Separation. The maximum dimension of the portion of a building above 80 feet from finished grade shall not exceed 125 feet and must be separated from another building by at least 30 feet. Exceptions and modifications to dimensional standards of up to 10 percent may be granted by the Chief Planner, based on the finding that adequate design features have been incorporated to create visual variety and void a large-scale, bulky or monolithic appearance. Exceptions beyond 10 percent are subject to Planning Commission approval. Figure 20.270.004(F) Tower Dimension and Separation 13 G. Residential Usable Open Space. A minimum of 150 square feet of usable open space is required per residential unit and may be provided as common or private open space. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be in the form of courtyards at the ground level or terraces over parking podiums. 1. Minimum Dimensions. a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than 6 feet. b. Common Open Space. Minimum dimension of 20 feet. 2. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed 10 percent. a. Accessibility. i. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway. ii. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room. (Ord. 1511 § 2, 2016; Ord. 1449 § 2, 2011; Ord. 1448 § 2, 2011) D. Revise Section 20.270.005 Supplemental Regulations, and Figure 20.270.005(B) to read as follows: 20.270.005 Supplemental Regulations A. Building Bulk. The maximum lot coverage of the portion of a building above 45 feet to 80 feet from finished grade shall not exceed 80 percent of the lot area. Exceptions and modifications to dimensional standards of up to 10 percent may be granted by the Chief Planner, based on the finding that adequate design features have been incorporated to create visual variety and void a large-scale, bulky or monolithic appearance. Exceptions beyond 10 percent are subject to Planning Commission approval. B. Required Active Frontage. Active uses shall be located along the building frontage along primary streets, or facing public open space or plazas, and should incorporate ground-floor retail, civic uses, cultural uses, or other amenities with direct sidewalk access and some sidewalk visibility through use of transparent fenestration. 1. El Camino Real and Chestnut Avenue. A minimum of 65 percent of the frontage of a site along El Camino Real and Chestnut Avenue shall be devoted to active uses. 14 2. BART Right-of-Way South of Oak Avenue. A minimum of 75 percent of the frontage of a site along the BART right-of-way south of Oak shall be devoted to active uses. 3. Oak Avenue. A minimum of 65 percent of the frontage of a site along Oak Avenue shall be devoted to active uses. 4. Exceptions. The Chief Planner may approve a reduced frontage of 50 percent to allow for fire access, driveways, and for efficient site layout and site configuration. Exceptions beyond that are subject to Planning Commission approval. Figure 20.270.005(B) Required Active Frontage Minimum 65% of frontage shall be devoted to Active Uses. Minimum 75% of frontage shall be devoted to Active Uses. 15 C. Depth of Required Commercial Frontage. The minimum average depth of the required commercial frontage shall be 75 feet, or 65 feet for parcels less than 100 feet in depth. The Chief Planner may approve a reduced average depth of 65 feet, or 55 feet for parcels less than 100 feet in depth to allow for efficient site layout and site configuration. Exceptions beyond that are subject to Planning Commission approval. D. Building Transparency and Required Openings. A minimum of 60 percent of building façades facing streets and the BART right-of-way containing nonresidential uses and a minimum of 70 percent of street facing building façades containing retail uses shall provide transparency in accordance with the following: 1. Comprised of clear, nonreflective windows that allow views of indoor space between 2 and 12 feet above the sidewalk. 2. Windows or portions of windows, located between the sidewalk and 2 feet above the sidewalk may be glazed. Figure 20.270.005(D) Building Transparency and Required Openings E. Blank Walls. No wall facing streets and the BART right-of-way may run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least 3 feet deep. 1. Exceptions. a. The maximum length of the wall may be 40 feet if it includes approved artwork approved by the City through the design review process. 16 b. The maximum length of the blank wall may be 30 feet for retail establishments with a gross floor area of 25,000 square feet or greater. Figure 20.270.005(E) Blank Walls F. Exterior Building Materials and Colors. 1. A unified palette of materials shall be used on all sides of buildings and structured parking. 2. Exterior materials shall be stone, brick, stucco, concrete block, painted wood clap-board, painted metal clapboard or other quality, durable materials approved by the City as part of the project review. G. Building Orientation and Entrances. 1. Buildings shall be oriented to face public streets and the BART right-of-way. Residential development adjacent to public spaces or connections shall be oriented facing onto the public space. 2. Building entrances shall be emphasized with small entry plazas, vertical massing, and architectural elements such as awnings, arcades, or porticos. 3. Entrances located at corners shall generally be located at a 45 degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other archi- tectural elements. All building and dwelling units located in the interior of a site shall have entrances from the sidewalk that are designed as an extension of the public sidewalk and connect to a public sidewalk. 4. In residential mixed-use developments, entrances to residential units shall be physically separated from the entrances to the permitted commercial uses and clearly marked with a physical feature such as a recess or projection incorporated into the building or appropriately scaled element applied to the façade. 5. All ground floor residential units shall have the primary entrance, either individual or shared, facing the public street, BART right-of-way, or a pedestrian connection and shall incorporate a projection (e.g., porch or stoop) or recess at least 40 square feet in area, with a minimum depth of 5 feet. Alternative designs that create a welcoming entry 17 feature facing the street, such as a trellis or landscaped courtyard entry, may be approved by the Chief Planner or Design Review Board. Figure 20.270.005(G)(3) Entrances Located on Corners H. Required Parking. Required parking for any use in ECR/C sub-districts shall be established by the Chief Planner based on the particular characteristics of the proposed use and any other relevant data regarding parking demand. The Chief Planner may require the provision of parking studies or any other information at the applicant’s cost as needed to assess parking demand for the proposed project. Where a Conditional Use Permit is required for the use, the Planning Commission will establish the ultimate parking requirement during the Conditional Use Permit application process. Generally, parking shall not exceed two spaces per unit for residential uses and one space per 300 square feet of commercial use. 1. Unbundling Parking from Residential Uses. Parking in excess of one space per unit may be sold or rented separate from the residential unit. All spaces shall be reserved for residential tenants on the same site. 2. In-Lieu Fees. In the ECR/C Parking District, the City may establish a parking mitigation fund and require payment of a fee in lieu of providing required parking on-site or off-site. a. In-Lieu Fee Amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the City Council. b. Use of Funds. In-lieu fees shall be used to fund and maintain shared parking facilities within the ECR/C Parking District. 18 Figure 20.270.005(H) ECR/C Parking District I. Limitations on Location of Parking. 1. Buildings shall be placed as close to the street, or public plaza or open space provided along street, as possible in compliance with the required setback, with parking located either underground, behind a building, or on the interior side or rear of the site. 2. Above ground parking may not be located within 40 feet of a street facing property line or BART right-of-way. Exceptions may be granted with the approval of a Conditional Use Permit when the following findings can be made: a. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible. b. The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible. 3. The maximum height of a parking podium visible from El Camino Real is 5 feet from finished grade. Figure 20.270.005(I) Limitations on Location of Parking 19 J. Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least 10 feet from any intersection curb return or pedestrian crosswalk. K. Maximum Block Length. 600 feet; block length of up to 800 feet is allowed when a mid-block connection with a minimum width of 30 feet is provided. L. Pedestrian Access. On-site pedestrian circulation and access must be provided according to the following standards. 1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. 2. To Street and Open Space Network. Regular connections between on-site walkways and the public sidewalk, public open space, and other pedestrian areas shall be provided. 3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. 4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Sidewalk “bulb-outs” or bus “pullouts” may be required at potential bus stops. 5. Interior Pedestrian Walkway Design. a. Walkways shall be a minimum of 5 feet wide, shall be hard-surfaced, and paved with permeable materials. 20 b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. M. Truck Docks, Loading, and Service Areas. Truck docks, loading areas, and service areas must be located at the rear or interior side of buildings and be screened so as not to be visible from public streets. (Ord. 1449 § 2, 2011; Ord. 1448 § 2, 2011)