HomeMy WebLinkAboutReso 68-2010RI~SOLUTION NO. 68-2010
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION MAKING FINDINGS AND ADOPTING THE
INITIAL STUDY A1~TD NEGATIVE DECLARATION FOR THE
SOUTH SAN FRAl~fCISCO ZONING ORDINANCE AND MAP
UPDATE
WHEREAS, in 1999 the City of South San Francisco ("City") adopted a General Plan in
accordance with Government Code Sections 65300, et seq., which established the
comprehensive, long-term plannin€; goals and policies for the physical development of land
within the City's jurisdiction, and which has been updated from time to time; and,
WHEREAS, in accordance with the Government Code, and at the direction of the City
Council, Planning Division staff and the City's consultant, Dyett and Bhatia, have over the
course of at least the last two years, reviewed the City's existing zoning provisions, identified
key issues for revision, solicited and considered public input, and prepared a comprehensive
update to the City's Zoning Ordinance, as codified in Title 20 of the South San Francisco
Municipal Code, which update includes (i) an entirely new Title 20 (attached to the Staff Report
for this matter as Exhibit II.A and Exhibit II.B) replacing the existing Zoning Ordinance in its
entirety, except for the recently adopted Chapter 20.25 ("El Camino Real Mixed Use District,"
adopted by Ordinance No. 1428-2010), which will remain in effect, without amendment; and (ii)
an entirely new Zoning Map (attached to the Staff Report for this matter as Exhibit II.C),
replacing the City's existing Zoning; Map (collectively, "Zoning Ordinance Update" or "ZOU");
and,
WHEREAS, the ZOU is intended to establish rules and regulations for the use of land
within the City's jurisdiction, implement the goals and policies of the General Plan, and resolve
any existing conflicts and inconsistencies between the Zoning Ordinance and General Plan; and,
WHEREAS, the proposed ZOU revises and reformats many existing zoning provisions,
eliminates inconsistent and outdated provisions, and codifies entirely new zoning provisions;
therefore adoption of the ZOU would require repealing the existing Zoning Ordinance, and
would establish zoning districts, overlay districts, and specific and area plan districts, consistent
with the General Plan land use designations; use classifications reflecting modern residential,
business, industry, and community service type uses; administrative provisions regulating the
processes, findings, and decision-making authorities for permits and entitlements; and expanded
purpose statements, definitions, anti graphics in order to supplement, clarify, and strengthen the
written provisions of the ZOU; and,
WHEREAS, adoption of the; ZOU is considered a "project," as that term is defined under
the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
("CEQA"); and,
WHEREAS, in accordance with CEQA, an initial study was performed, the result of
which was preparation. and circulation of a negative declaration analyzing the potential
environmental effects of adopting the ZOU and concluding that adopting the ZOU 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 ("IS/ND"); and,
WHEREAS, the IS/ND was circulated fora 20-day public review period, beginning
January 25, 2010, during which time members of the public were invited to comment on the
environmental analysis and conclusions for the ZOU; and
WHEREAS, only one comment letter was submitted on the IS/ND, which was submitted
by the San Francisco Airport, and did not raise a significant environmental issue, but rather
addressed noise exposure land use requirements that were thoroughly discussed in the ZOU and
compliance with which is already required by the General Plan and ZOU; and,
WHEREAS, in addition to sE;veral study sessions during which the Planning Commission
reviewed and provided input on pot-tions of the ZOU, the Planning Commission held two duly
noticed public hearings on February 18, 2010, and March 18, 2010, to take public comment on
the IS/ND and the ZOU; and,
WHEREAS, on March 18, 2010, the Planning Commission recommended that the City
Council adopt the IS/ND; and
WHEREAS, the City Council has reviewed and carefully considered the information in
the IS/ND, and makes the findings contained in this Resolution, and adopts the IS/ND, as an
objective and accurate document, prepared in accordance with CEQA, and which reflects the
independent judgment and analysis of the City in the analysis of the ZOU's environmental
impacts.
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 1999 General Plan and General Plan
Environmental Impact Report, including the 2001 updates to the General Plan and 2001
Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the draft
South San Francisco Zoning Ordinance Update; the Initial Study and Negative Declaration
prepared for the Zoning Ordinance -Update, including all written comments received; all reports,
minutes, and public testimony subrr~itted as part of the City Council and Planning Commission's
joint study sessions held on February 20, 2008 and April 19, 2008; all reports, minutes, and
public testimony submitted as part of the Planning Commission's study sessions held on
September 18, 2008, November 6, 2008, February 19, 2009, April 16, 2009, August 20, 2009,
September 17, 2009, and November 5, 2009; all reports, minutes, and public testimony submitted
as part of the Planning Commissions s duly noticed public hearings on February 18, 2010, March
18, 2010, and June 17, 2010; all reports, minutes, and public testimony submitted as part of the
City Council's duly notice public hearing on April 28, 2010, May 26, 2010, and July 14, 2010;
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 does hereby ordain as follows:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The IS/ND for the `,youth San Francisco Zoning Ordinance Update, attached as
Exhibit I.A to this Resolution, is incorporated by reference as 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 Chief Planner, Susy Kalkin.
4. The ZOU is consistent with the City of South San Francisco General Plan because
the land uses, rules and regulations proposed in the ZOU are compatible with the goals, policies,
and land use designations established in the General Plan (see Government Code, § 65860), and
none of the land uses, rules or regulations proposed in the ZOU will operate to conflict with or
impede achievement of any of the goals, policies, or land. use designations established in the
General Plan.
5. In accordance with CEQA, the City Council has considered the Initial Study and
Negative Declaration for the South San Francisco Zoning Ordinance Update, including all
comments received on the IS/ND, acid based on the entirety of the record, as described above, the
City Council, exercising its independent judgment and analysis, makes the following findings
regarding the environmental analysi;> of the ZOU:
a. In October 1999, the City Council certified an Environmental Impact
Report for the General Plan, and in 2001 the City Council certified a Supplemental
Environmental Impact Report for updates to the General Plan. CEQA allows for streamlined
approval of zoning actions that are consistent with adopted General Plans for which an EIR was
certified. (Pub. Resources Code, § 2,1083; CEQA Guidelines, §§ 15152, 15183.) An initial study
was prepared for the ZOU and a negative declaration analyzed the potential for impacts that were
peculiar to the ZOU or not analyzed as significant impacts in the General Plan EIlZ or
Supplemental EIR. The IS/ND, which expressly considers the General Plan EIR and
Supplemental EIR, concludes that adoption of the ZOU will not result in any significant
environmental impacts. The General Plan EIR and Supplemental EIR, which are expressly made
a part of the record for these proceedings, are available for review as described in Finding 3,
above.
b. Policies in the General Plan, as it has been amended from time to time,
and mitigation measures adopted ass part of the General Plan EIR and Supplemental EIR, will
continue to operate to ensure the impacts of the General Plan and the proposed ZOU will not
exceed established CEQA thresholds of significance. Therefore, and as further documented in
the IS/ND for the ZOU, additional mitigation measures are not required for the ZOU.
c. For the reasons stated in this Resolution, the City Council finds that there
is no substantial evidence supporting a fair argument that adoption of the ZOU will result in a
significant environmental effect.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco,
based on the record before it as described above, and the findings contained in this Resolution,
hereby adopts the IS/ND for the ZOU (ND07-0004).
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
I hereby certify that the fore-going Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 14th day of
July, 2010 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Karyl Matsumoto,
Vice Mayor Kevin Mullin and Mayor Mark Addiego
NOES: None
ABSTAIN: None
ABSENT: None
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ATTEST: - `Y ~!
°f Ci C
Exhibit LA
Initial Study and Negative Declaration
For the South San Francisco Zoning Ordinance Update