HomeMy WebLinkAboutOrd. 1378-2007ORDINANCE NO. 1378-2007
AN ORDINAN(:E AMENDING TITLE 20, CHAPTER. 39 OF
THE SOUTH ;iAN FRANCISCO MUNICIPAL CODE TO
REQUIRE SUBrvIISSION OF AN IMPLEMENTATION PLAN,
ADDRESS RF;MOVAL OF PROPERTY FROM: THE
DISTRICT, AND CLARIFY CONTENTS OF THE ANNUAL
REPORT
WHEREAS, Genentech., Inc. has submitted a request to the City of South San Francisco
to approve the "Genentech Facilities Ten Year Master Plan Update" ("Master Plan Update")
including an implementation Flan and transportation demand management plan, as well as
reclassify ten parcels, totaling approximately 36 acres in the Planned Industrial Zoning District to
the Genentech Research & Development Overlay District; and
WHEREAS, a Final Master Environmental Impact Report (FMEIR), which includes both
the Draft Master Environmental Impact Report (DMEIR) and the recirculated, Partially Revised
Draft Master Environmental Impact Report (PRDMEIR), has been prepared for the project to
address the anticipated environmental effects of the project; and
WHEREAS, by resolution dated. March 14, 2007, the City Council of the City of South
San Francisco certified the FIVIEIR, including required findings regarding impacts, mitigation
measures, and alternatives, as well as a statement of overriding considerations for those
significant and unavoidable impacts, and a Mitigation Monitoring and Reporting Program
(MMRP); and
WHEREAS, certain amendments to the Research and Development Overlay District
Regulations, contained in South San Francisco Municipal Code (SSFMC), Title 20, Chapter 39,
are necessary to allow for the development and City oversight of the Master Plan Update; and
WHEREAS, amendments as proposed to the Research and Development Overlay District
Regulations (SSFMC Chapter 20.39) will allow for development of the Master Plan Update,
require submission of an "Implementation Plan" to address phasing of development, impose
regulations on property removed from the District, clarify the need for conditional use permits
for certain development projects, and clarify the contents of the Annual Report; and
WHEREAS, on February 1, 2007, February 15, 2007, and March 1, 2007, the Planning
Commission held properly noticed public hearings to consider the Master Plan Update and
proposed amendments to the Research and Development Overlay District Regulations (SSFMC
Chapter 20.39); and
WHEREAS, by resolution, the Planning Commission recommended the City Council
approve the Master Plan Update and proposed amendments to the Research and Development
Overlay District Regulations (SSFMC Chapter 20.39); and
WHEREAS, the City Council desires to amend the Research and Development Overlay
District Regulations (SSFMC Chapter 20.39); and
WHEREAS, on March 14, 2007, the City Council held a properly noticed public hearing
to consider approval of the Master Plan Update and amendments to the Research and
Development Overlay District Regulations (SSFMC Chapter 20.39).
NOW THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION 1. AMENDMENTS
The City Council hereby amends Chapter 39 of Title 20 of the South San Francisco
Municipal Code, as follows (deleted text in ~il~~}; added text in double underline):
Chapter 20.39
RESEARCH AND DEVELOPMENT OVERLAY DISTRICT REGULATIONS
20.39.010 Short title.
This chapter may be referred to as the R and D Overlay District Regulations. This district
may be referred to as the R and D Overlay District. (Ord. 1162 § 1 (part), 1995)
20.39.020 Purpose.
This chapter establishers the Research and Development Overlay District (R and D
Overlay District), prescribes regulations for reclassifying properties to and from this district and
establishes development standards and requirements within the district. The R and D Overlay
District is intended to enhance; planning and design principles for research and development
facilities. In addition to the general provisions described in Chapter 20.04 and the purposes of the
underlying zoning district, the specific purposes of the R and D Overlay District include the
following:
(a) To create a framE;work defining afacility-wide architectural character, a system of
open space elements and a pedestrian and vehicular circulation plan linking buildings and uses
together in a flexible, logical and orderly manner for each R and D Overlay District;
(b) To increase the :Flexibility of the city's land use regulations and the speed of its
review procedures to reflect the quickly changing needs of research and development focused
corporations;
(c) To establish facility-wide design guidelines and development standards to
produce an attractive, coherent and efficient environment;
(d) To establish facility-wide development capacities consistent with the city's
general plan, including any ~~rea plans, existing conditions, and growth and development
projections submitted as part of a reclassification for a particular property;
(e) To establish procedures to define a baseline of existing conditions for each lot to
be reclassified to an R and I) Overlay District with regard to those items and obligations
identified in Section 20.39.040(b)(3) at the time the lot is reclassified so that the city may use
this data to reestablish the baseline in the event that the lot is removed from the R and D Overlay
District classification. (Ord. 11Ei2 § 1 (part), 1995)
20.39.030 Definitions.
The following definitions shall be supplementary to those contained in Chapter 20.06 of
this code:
(a) "Facility" means all lots of record and their structures owned or leased by a single
entity and engaged in research and development and associated activities, which are reclassified
such that the uniform regulations and requirements covered by the R and D Overlay District
apply.
(b) "Facility master :plan" means along-range plan which provides guidance for the
growth and development of a public or private facility. (Ord. 1162 § 1 (part), 1995)
20.39.040 Overlay district designation.
(a) Application. R and D Overlay Districts are established consisting of all lands so
reclassified on the Zoning M:ap of the city. All regulations, development standards and
requirements shall be those sett forth in the underlying zoning district, and other rules and
regulations of this code, except as provided by this chapter.
(b) Reclassification. Reclassification to and/or removal of lots from an R and D
Overlay District may be considered pursuant to the provisions of Chapter 20.87 and the
following:
(1) Minimum Area. Reclassification to the R and D Overlay District may be
considered only for one or more lot(s) totaling twenty acres or more.
(2) Required Signatures. The petition for reclassification to or removal from the R
and D Overlay District must lie signed by the sponsor of the Facility Master Plan and the
property owner(s).
(3) Documentation of Existing Conditions. Applications for reclassification to an R
and D Overlay District shall be accompanied by documentation that establishes the condition of
each individual lot to be reclassiified. The documentation shall include, but is not limited to:
(A) Lot area;
(B) Building height;
(C) Building setbacks;
(D) Building floor area;
(E) Landscaping area;
(F) Parking spaces;
(G) Off-street loading areas and their dimensions;
(H) Land uses; and
(I) Conditions in arty preexisting discretionary permits or approvals issued for such
lot by the city that would be suI>erseded by the reclassification.
All the information shall be provided in a form acceptable to the city's chief planner. The
chief planner may waive the submittal of certain information that does not relate to the standards
to be modified in the particular reclassification.
(4) Facility Master Plan.
(A) Application Requirements. Applications for reclassification to an R and D
Overlay District shall be accompanied by a Facility Master Plan.
(B) Procedure for the Review of the Facility Master Plan. Facility master plans shall
be reviewed by the Planning Commission to determine:
(i) That sufficient roadway, intersection and infrastructure capacity exists to
accommodate facility development proposed by such Facility Master Plan;
(ii) That any proposed modifications to the standards and regulations of the
underlying zoning proposed by any reclassification to the R and D Overlay District are supported
by information contained in the; Facility Master Plan or other documents; and
(iii) As part of its review, the Planning Commission must find that the Facility Master
Plan is consistent with the city's general plan and any applicable area plan, and fulfills the
purposes of the R and D Overlay District as set forth in Section 20.39.020.
(C) Use of the Facility Master Plan. If, after review of the Facility Master Plan, the
Planning Commission has made the determinations in subsection (b)(4)(B) of this section, the
city may establish facility wide development standards. Such facility-wide development
standards shall be incorporated in the reclassification of the facility to an R and D Overlay
District.
(D) Contents. The :Facility Master Plan shall include, but is not limited to, the
following components:
(i) A description of~ the facility including the physical setting and the proposed
activities;
(ii) Growth and development projections with estimates of the facility's building
areas, employment, vehicular trip generation, public infrastructure and utility needs;
(iii) Transportation and parking programs to support any facility-wide parking
standards;
(iv) Design Guidelines. Design guidelines shall be prepared and submitted to the city
both as part of the Facility Master Plan and for use by the city to evaluate facility development
proposals. The guidelines shall promote quality design of the facility's buildings and grounds,
promote a functional, safe and attractive environment and preserve and enhance the valuable
natural and historic character of each facility. The design guidelines shall contain, but are not
limited to, the following components:
a. An inventory of the existing physical setting of the facility's site including: site
access and entries, landforms, adjoining properties, views to and from the facility, micro-
climates, vegetation, historical structures and other unique physical features and visual
landmarks,
b. A conceptual framework and overarching goals for the facility and sub-facility
designs. These should include t]he establishment of guidelines for creating senses of entry into a
facility and orientation within the facility in response to the components of the site inventory,
c. Plans, standards and character statements of the facility's circulation systems for
pedestrians and vehicles,
d. Plans, standards and character statements for a hierarchical system of open
spaces, activity nodes and interconnections,
e. Guidelines for site planning, including guiding principles for the location and
massing of buildings, open spaces with special consideration of the relationships to the
architectural context of building sites, local micro-climates (wind) and useable outdoor spaces
within building sites,
f. Guidelines for the architectural character of structures, walls, signage, utilities and
other components of the built environment,
g. Guidelines for the landscaping of the facility including plant pallets, street
furniture, lighting standards and. street tree planting programs,
h. Guidelines for the location and design of parking and loading facilities.
(v.) Implementation :Plan. A program shall be provided that identifies the appropriate
phasing of development, including construction of public open space, parking, pedestrian and
bikeway improvements, and street improvements, as identified in the Master Plan. 'The
Implementation Plan is important to ensure the adequacy of services and facilities required to
meet increased demand created by new development.
(5) Removal from a District.
(A) If a lot no longer qualifies to be included in the R and D Overlay District under
the requirements contained in this Chapter, from and after the time that such lot no longer so
qualifies, any new use, construction, or demolition on that lot, shall conform with the provisions
of the underlying zoning district: and related provisions of the Code as they existed at the time of
the initial reclassification of that lot to be included in the R and D Overlay District. However,
any use, building, or structure that (i) is existing or under construction at the time that a lot no
longer qualifies to be included within the District and (ii) is not hazardous or dangerous to public
health or safety, shall be considered a nonconforming use, building, or structure, such that the
lawful existing uses of those buildings or structures at the time of removal may be continued,
despite that such uses may not <;onform to the underlying regulations specified for the district in
which such buildings or structures are located. In the event of damage or destruction, such uses,
buildings, or structures may be reconstructed and restored to the same extent that they existed
before the damage or destruction, provided that there may be no expansion of the non-
conformitybeyond that which existed prior to the damage or destruction.
(B) Any property reYnoved from a Facility Master Plan may be removed from its R
and D Overlay District upon receipt of a petition from the sponsor of the Facility Master Plan
and the property owner(s). Any such petition shall be processed in accordance with Chapter
20.87.
(C) If any property proposed to be removed from the R and D Overlay District would
not comply with the existing development standards related to vehicular and pedestrian access,
parking, or access to utility connections requirements for the district to which the property is
proposed to be rezoned, as a condition to the rezoning, the property owner(s) of properties
remaining in the R and D Overlay District shall grant easements or other legally enforceable
property rights, to the extent required so that the property removed from the R and D Overlay
District would comply with all existing development standards related to vehicular and
pedestrian access, parking, or utility connections requirements for the district to which the
property is proposed to be rezoned. Such agreements shall be enforceable against other adjacent
properties within the R and D Overlay District as appropriate, shall be approved as to form and
content by the City Attorney, and shall be properly recorded in the office of the San Mateo
County Clerk. As a further condition to removal, it shall be demonstrated that the property
proposed to be removed would comply with the existing development standards related to TDM
for the district to which it is proposed to be rezoned. Such compliance maybe demonstrated by a
TDM program proposed solely for such property, or by an agreement or agreements with other
property owners or service providers. Any such TDM-related agreements shall be approved as to
form and content by the City Attorney, and if applicable shall be properly recorded in the office
of the San Mateo County Clerk. The property owner of the property proposed to be removed
from the District may, as part o:f the rezoning application, apply to the City for a waiver in whole
or in part of these requirements and the waiver may only be approved upon a finding by the City
that under the then-existing circumstances the property proposed to be removed has TDM
programs, vehicular and pedestrian access, parking, and access to utility connections adequate to
serve the property.
(D) If any property removed from the R and D Overlay District has been developed
after approval of the 2007 Ten Year Facility Master Plan ("2007 Approval"), the net new square
feet of development (by use category as set forth in Section 20.40.070(h)) developed on that site
after the 2007 Approval shall be deducted from the total new development capacity (by use
category as set forth in Section :20.40.070(h)) that was approved as part of the 2007 Approval.
(6) Reclassification Ordinance. The ordinance reclassifying a property to the R and
D Overlay District shall also create a chapter of this title establishing a statement of purpose of
the district and listing any revised zoning standards and regulations applicable to a reclassified
facility. These revised standards may include:
(i) Changes from the standards of the underlying zoning district regulations; and
(ii) Maximum facility development capacities, including total floor area, employee
count, average daily traffic generation or peak hour traffic volumes and utility usages.
(c) Design Guidelines.
(1) The facility design guidelines are subject to the review and approval of the
Planning Commission. The Planning Commission may approve the facility design guidelines if it
finds that such guidelines are consistent with the applicable reclassification ordinances for
purposes of this chapter (as set forth in Section 20.39.020) and the criteria set forth at Section
20.39.040(b)(4)(D).
(2) The city shall use these facility design guidelines to evaluate projects within the
applicable R and D Overlay District. The facility design guidelines shall supersede any other
design guidelines of more genE;ral application that have been or may be adopted by Planning
Commission resolution that would otherwise apply to the reclassified properties. The facility
design guidelines shall not supersede any design guidelines contained in the general plan or any
applicable area plan. (Ord. 1162 § 1 (part), 1995)
20.39.050 Development stanndards and requirements.
Except as follows, whenever a structure is enlarged or newly constructed or a new use is
inaugurated in a structure, it shall comply with the development standards and requirements set
forth in the underlying zoning district, and conditions of any prior city approvals.
(a) Changes to Standards and Regulations. The City Council may approve changes
from the underlying zoning district's standards and requirements for each R and D Overlay
District. Any such changes shall. be set forth in a chapter of this zoning ordinance.
(b) Facility-Wide Compliance. The ordinance adopting such changes may identify
certain standards that may be met for a facility in its entirety rather than on a lot-by-lot basis.
When standards and/or regulations are to be satisfied on a facility-wide basis, it shall be the
responsibility of the property ovvner or facility operator to maintain tables demonstrating how the
facility complies with the facility-wide standards, and how each individual lot contributes to such
compliance. Said tables shall be; in a form acceptable to the chief planner and shall be submitted
for review and approval by thf; Planning Commission each time a project is submitted for its
discretionary approval or at least once a year as part of the Annual Report discussed in Section
20.39.080 below.
(c) Standards and Requirements That May be Changed. Development standards and
requirements of the underlying ;coning district including, but not limited to, building setbacks, lot
coverage and floor area ratios rriay be amended for the properties to be reclassified.
(1) Off-Street Parking Requirements. Off-street parking and loading requirements
may be established based on a parking demand study, consistent with general plan and any
applicable area plan policies.
(2) Floor Area Ratio. The maximum floor area ratio (FAR) may be exceeded,
consistent with general plan and any applicable area plan policies. (Ord. 1162 § 1 (part), 1995)
20.39.060 Permit Review.
Development review of projects within R and D Overlay Districts shall be in accordance
with all provisions of this title.
(a) Design Review Procedure. The following procedures shall apply to design review
for projects subject to subsections (b) and (c) of this section. Except where the chief planner
finds that a proposed project doers not require design review, the procedures contained in Chapter
20.85 are not limited or changed by this chapter. The standards and guidelines to be used during
the design review procedure for R and D Overlay District projects are:
(1) Those contained :in the general plan and any applicable area plan; and
(2) Those contained in any relevant Planning Commission resolution, except where
superseding facility design guidelines have been adopted pursuant to Section 20.39.040(c).
(b) Administrative Review. The following projects are not subject to discretionary
review under this title except those projects determined by the chief planner to potentially have a
significant adverse environmental impact or which are not consistent with the design guidelines
or the purposes of the R and D Overlay District. The chief planner's decision to approve or
disapprove a project under this subsection may be appealed to the Planning Commission
pursuant to Chapter 20.90.
(1) Additions to existing buildings where only one such addition to such building
occurs within atwelve-month ~-eriod, and where the addition is limited to the lesser of: (a) ten
thousand square feet in area; or (b) twenty percent of the existing gross floor area of the building,
measured as of the date the specific project application is submitted;
(2) Accessory structures and above grade utility systems equal to or less than five
hundred square feet in area;
(3) Interior building modifications which involve changing the use of less than thirty
percent of a building's gross floor area;
(4) Changes in the use of existing buildings where both the prior and proposed use
are defined in the underlying zoning district as permitted uses;
(5) Minor site improvements, including, but not limited to: landscape amenities,
small at-grade open parking lots of less than fifty parking spaces and minor above grade utility
systems to service existing buildings. Minor site improvements under this section shall also be
subject to the square footage limitations contained in subsection (b)(1) of this section; and
(6) Replacement, relocation or reconstruction of parking lots or spaces which does
not result in a parking capacity increase.
(c) Minor Use Permits. The following projects are subject to the review and approval
of a minor use permit by the city's chief planner. The chief planner may approve, approve with
conditions or deny approval of such projects.
(1) Procedure. The chief planner's review of minor use permits shall comply with the
procedures established in Chapter 20.81.
(2) Appeal. The chief planner's actions may be appealed to the Planning
Commission by direction of the Planning Commission or pursuant to procedures set forth in
Chapter 20.90.
(3) Project Subject to Minor Use Permits.
(A) Addition(s) to ari existing building where only one such addition to such building
occurs within atwelve-month f-eriod, and where the addition is limited to between ten thousand
and thirty thousand square feet (but not to exceed thirty percent of the existing gross floor area of
the building, measured as of the date the specific project application is submitted). In the event
that the total of such additions exceeds thirty percent of the floor area existing at the time of the
first request for expansion, the chief planner shall notify the Planning Commission of the project
approval within four days of the; approval.
(B) Accessory structures and above grade utility systems of between five hundred one
and five thousand square feet.
(C) Small, at-grade parking lots of fifty-one to one hundred fifty parking spaces.
(D) Temporary uses, such as trailers, parking facilities, storage of construction
materials.
(4) Required Findings. The chief planner's decision to issue a minor use permit shall
be based on all of the following findings:
(A) The proposed use will not be adverse to the public health, safety or general
welfare of the community, nor be detrimental to surrounding properties or improvements.
(B) The use is consistent with the city's general plan and any applicable area plan.
(C) The proposed use; complies with all applicable standards and requirements of this
title.
(D) The use complies with the R and D Overlay District's facility design guidelines
(Ord. 1217 §§ 1, 2, 1998; Ord. 1162 § 1 (part), 1995).
(d) Conditional Use Permits. All other projects shall be subject to conditional use
permits. Required findin sg shall be those identified in 20.39.060(c)(4), above.
20.39.070 Effect ofpre-existing approvals.
Notwithstanding any other provision of this chapter, all pre-existing zoning requirements
and conditions of approval for any building or use within a Facility Master Plan area shall
continue in effect except where modified by the reclassification ordinance or facility design
guidelines adopted hereunder. (Ord. 1162 § 1 (part), 1995)
20.39.080 Annual Report.
(a) Upon approval Hof a reclassification ordinance, the sponsor of the applicable
Facility Master Plan shall thereafter submit an annual status report ("Annual Report") for review
by the Planning Commission. The Annual Report shall include, as appropriate, the status of
facility-wide improvements, progress in completing the required tasks and benchmarks described
in the Implementation Plan, anticipated new construction or renovation projects, an update on
transportation and parking needls, an update on mobile vendor (employee amenity) activities on
the Genentech campus, an update of the facility-wide Transportation Demand Management
(TDM) program, an update on 'the security program, projected changes in the facility usage and
requirements, advance notice of any proposed changes to the facility-wide development
standards or design guidelines, and notice of any changes that have been made to the Facility
Master Plan since the most recent Annual Report. (Ord. 1162 § 1 (part), 1995)
(b) Upon approval of a reclassification ordinance, the sponsor of the applicable
Facility Master Plan shall submit a triennial Transportation Demand Management summary
report ("TDM report") for review by the Planning Commission. The TDM report shall include
documentation of the effectiveness of achieving the goal of the alternative mode usage and trip
reduction by facility employees.
SECTION 2. SEVERABILIT'Y
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 fiill 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
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 days from and after
its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 14~' day of March 2007.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 28~' day of March 2007, by the following vote:
AYES: Councilmembers Mark Addiego Joseph A. Fernekes, and Karvl Matsumoto,
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
~~ _
ATTEST: ,` ,~~ ~ 7 ~ ~.n~-~s~
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 28'~ day of March 2007.
Mayor