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HomeMy WebLinkAboutOrd. 1616-2020 (20-951)Adgshk City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council ' Ordinance: ORD 1616-2020 File Number: 20-951 Enactment Number: ORD 1616-2020 ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 20.300.010 ("PERFORMANCE STANDARDS") TO INCLUDE A REFERENCE TO THE LOCAL AGENCY OVERRIDE PROCESS. WHEREAS, in 1999, the City Council for the City of South San Francisco considered and adopted the General Plan and associated Draft and Final Environmental Impact Reports; and WHEREAS, in 2010, the City Council for the City of South San Francisco considered and adopted the South El Camino General Plan Amendment, associated Zoning Amendments and Draft and Final Environmental Impact Reports, which identified the South El Camino area as an opportunity for mixed-use transit -oriented development; and WHEREAS, the applicant has proposed construction of a high-density mixed-use residential development, consisting of 338 residential units, a small retail space, and open space amenities over 4.74 acres at 410 Noor Avenue, APNs 014-183-270, 014-183-230, and 014-183-220 in the City; and WHEREAS, the 410 Noor project site is within the El Camino Mixed -Use (ECRMX) zoning district, which permits multi -family residential development; and WHEREAS, the San Mateo County Airport Land Use Plan (ALUCP) was amended in 2012, and the updated noise contours included in the plan placed the 410 Noor project site within the 70-75 db Noise Contour, which the plan designates as "Not Compatible" for multi -family development, unless at the time of adoption of the SFO ALUCP (2012) the site had been zoned exclusively for residential use, and WHEREAS, the ALUC reviewed the 410 Noor project in July 2020, and found that the due to its location, the project is inconsistent with the noise compatibility policies and criteria in the ALUCP, and WHEREAS, Sections 21675.1(d), 21676, and 21676.5 of the Public Utilities Code provides that local agencies may override airport land use commission disapprovals of proposed land use policy actions or development proposals, and City of South San Francisco Page 1 File Number: 20-951 Enactment Number: ORD 1616-2020 WHEREAS, the applicant is requesting that the City Council approve the 410 Noor project using the local agency override process provided for in Division 9, Part 1, Chapter 4, Article 3.5 of the Public Utilities Code; and WHEREAS, the applicant is proposing to amend the General Plan and the Zoning Ordinance to clarify the City Council's authority to utilize the local agency override process; and WHEREAS, the City desires to ensure internal policy consistency within the General Plan and Zoning Ordinance; and WHEREAS, the City and the applicant prepared an Environmental Consistency Analysis (ECA) for the 410 Noor project in accordance with the provisions of the California Environmental Quality Act ("CEQA") and CEQA Guidelines; and WHEREAS, by separate Resolution, the City Council has made findings and determined that the ECA is the appropriate environmental document for the Project; and WHEREAS, on September 17, 2020 the Planning Commission conducted a properly noticed public hearing, considered and recommended that the City Council approve the 410 Noor Project Entitlements including clarifying General Plan and Zoning Text Amendments; and WHEREAS, on December 1, 2020, the City Council conducted a properly noticed public hearing to consider the 410 Noor Project Entitlements including clarifying General Plan and Zoning Text Amendments. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, which includes without limitation, CEQA and CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the South El Camino General Plan Amendment and associated Zoning Amendments, the South El Camino General Plan Amendment EIR, the draft General Plan and Zoning Text Amendments referencing the local agency override process, the 410 Noor Environmental Consistency Analysis, the SFO ALUCP (2012), all reports, minutes, and public testimony submitted as part of the Planning Commission's properly noticed September 17, 2020 meeting and the City Council's properly noticed December 1, 2020 meeting; any other evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2) ("Record"), the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1 Findings General Findines 1. The foregoing recitals are true and correct and made a part of this Resolution. City of South San Francisco Page 2 File Number: 20-951 Enactment Number: ORD 1616-2020 2. The Record for these proceedings, and upon which this Resolution is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. ("CEQA")) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the SFO ALUCP (2012), all reports, minutes, and public testimony submitted as part of the Planning Commission meeting of September 17, 2020 and the City Council meeting of December 1, 2020 and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The refinements, clarifications, and/or corrections set forth in the Zoning Text Amendments are minor in nature, and in accordance with the requirements of CEQA Guidelines § 15162, the adoption of said amendments 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 South El Camino General Plan EIR, IS/MND prepared for the Zoning Ordinance, General Plan EIR nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 4. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager. Zoning Text Amendment Findinp-s 1. The proposed Zoning Text Amendment is consistent with the adopted General Plan because the Zoning Text Amendment will implement the General Plan policies referencing the local agency override process, per State Public Utilities Code Sections 21670 et seq. The Zoning Text Amendment will be consistent with the General Plan, as proposed for revision. None of the revisions to the Zoning Ordinance will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Zoning Text Amendment applies Citywide and would ensure consistency between the Zoning Ordinance and the General Plan, in reference to the local agency override process, per State Public Utilities Code Section 21670 et seq. Projects that seek to utilize the local agency override process will be evaluated individually to determine whether such projects are suitable for that process and as such, the proposed amendments ensure that subject properties are suitable for proposed uses on an individual basis. The proposed Zoning Text Amendment does not change any zoning districts identified in the Zoning Ordinance and therefore, will not affect or be detrimental to the use of land in any adjacent zone. City of South San Francisco Page 3 File Number. 20-951 SECTION 2. Amendment Enactment Number: ORD 1616-2020 The City Council hereby makes the findings contained in this Ordinance and amends section 20.300.010 attached as Exhibit A. Sections and subsections that are not amended by this Ordinance in Exhibit A shall remain in full force and effect. SECTION 3. 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 4. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 1 st day of December, 2020. At a meeting of the City Council on 12/9/2020, a motion was made by Councilmember Nicolas, seconded by Councilmember Coleman, that this Ordinance be adopted. The motion passed. Yes: 4 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, and Councilmember Coleman City of South San Francisco Page 4 File Number: 20-951 Attest by � ZL 4CL [ sa Govea Acosta, City Clerk Mark Addiego, Mayor City of South San Francisco Page 5 Enactment Number: ORD 1616-2020 Exhibit A Table 20.300.010 Noise Exposure—Land Use Requirements and Limitations Land Use CNEL Range db Requirements and Limitations Less than 65 Satisfactory 65 to 70 Acoustic study and noise attenuation Residential and other measures required Not allowed, with the exception of projects noise sensitive usese. g' schools, hospitals, and deemed appropriate by the City Council, churches) Over 70 and to the extent necessary' approved through the Local Agency Override process, consistent with Public Utilities Code Sections 21670 et se Commercial Less than 70 Satisfactory 70 to 80 Acoustic study and noise attenuation measures required Over 80 Airport -related development only; noise attenuation measures required Industrial Less than 75 Satisfactory 75 to 85 Acoustic study and noise attenuation measures required Over 85 Airport -related development only; noise attenuation measures required Open Less than 75 Satisfactory Over 75 Avoid uses involving concentrations of eo le or animals Exhibit A Table 20.300.010 Noise Exposure—Land Use Requirements and Limitations Land Use CNEL Range (db) Requirements and Limitations Residential and other noise sensitive uses (e.g., schools, hospitals, and churches) Less than 65 Satisfactory 65 to 70 Acoustic study and noise attenuation measures required Over 70 Not allowed, with the exception of projects deemed appropriate by the City Council, and to the extent necessary, approved through the Local Agency Override process, consistent with Public Utilities Code Sections 21670 et seq Commercial Less than 70 Satisfactory 70 to 80 Acoustic study and noise attenuation measures required Over 80 Airport-related development only; noise attenuation measures required Industrial Less than 75 Satisfactory 75 to 85 Acoustic study and noise attenuation measures required Over 85 Airport-related development only; noise attenuation measures required Open Less than 75 Satisfactory Over 75 Avoid uses involving concentrations of people or animals