9 F. Maintenance
1. A maintenance plan for on-site litter control shall be submitted by the applicant and approved by the City. The litter control maintenance plan shall include provision for on-going maintenance required for the project use. The maintenance plan shall be incorporated into the CC&R’s for the project and recorded as part of the PD-59A planned development standards.
The maintenance plan shall include the following standards:
a. The entire development area shall be maintained in a neat, safe, and healthful condition.
b. A garbage disposal plan approved by the Planning Division and the Streets Division shall specify that:
c. All trash shall be confined in approved receptacles and enclosures. d. All unenclosed materials, equipment and/or supplies of any kind shall be maintained within approved enclosure areas. Any stacked or stored items shall not exceed the height of the enclosure. e All trash and storage enclosures shall be properly maintained in accordance with approved plans.
f. The applicant shall prepare an agreement to implement a weekly litter cleanup plan for all open areas, planters and public sidewalks adjacent to the development. All waste materials generated by the development, such as cardboard boxes, skids, garbage, litter, etc., must be stored in the enclosure for disposal. No waste material shall be visible at anytime. All enclosures shall be designed to conceal the contents. All enclosures should be kept clean and free of odor at all times.
G. Lighting
1. All exterior lighting shall be in accordance with precise plans and shall be adequately maintained according to approved standards.
a. Site lighting shall be directed downward to protect adjacent residential neighborhoods from glare.
H. Building Area Limitation
1. Aside from additional square feet allowed in Phase 2, there shall be no additional square footage allowed in PD-59A beyond what is permitted through approval of the precise plan. Minor additions or alterations to square footage for any given designated use (+/- 2%) may be approved by the Planning Division if such changes are to meet specific code requirements and do not effect the overall mass of the building.
10 a. Phase I shall include 17,050 (17,050) square feet commercial, 101,250 square feet residential, and 242,380 square feet for parking garage/podium structure.
I. Building Height Limitation
1. The maximum height allowed on Mission Street for PD-59A is 83 feet for Phase I and 150 feet for Phase II. The maximum allowed height on Hillside Boulevard for Phase I shall be 61 feet. Building heights shall be subject to additional height limitations imposed by the SFO Airport Land Use Compatibility Plan.
J. Hours of Operation
1. The hours of retail store operation shall not be limited. However, if the store operation receives significant complaints due to noise or public nuisance, the issue of limiting store hours shall be brought before a Council Committee appointed by the Mayor for consideration.
K. Housing Development projects located on Priority Housing Sites
1. Housing Development projects located on Priority Housing Sites identified to meet the lower income RHNA in the City’s Housing Element (Table HE 52), are required to be developed at a minimum density of 20 dwelling units per acre, and providing at least 20% of the total units in the development as affordable to lower income households are eligible for by-right approval as defined in Government Code Section 65583.2(i), which means that they are exempt from CEQA.
11 SECTION 5. Effective Date. This ordinance is an urgency ordinance enacted under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council..
SECTION 6. Environmental Determination:The City Council approves the addendum to the General Plan EIR for this project and hereinafter finds that addendum to the General Plan EIR complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.
SECTION 7. Severability: If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this Ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.
SECTION 8. Publication. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish once in a newspaper of general circulation circulated within the City of Daly City. The City Clerk shall post at City Hall a copy of the full text of this Ordinance in accordance with Government Code Section 65858 and 75090.
The foregoing urgency ordinance was introduced and duly adopted by a four-fifths vote of the City Council of the City of Daly City at a special meeting of the City Council, held on the day of , 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
Absent, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
1 ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY
AMENDING THE DALY CITY ZONING MAP BY REZONING CERTAIN PARCELS LOCATED AT 1900 SULLIVAN AVENUE AND 1500 SOUTHGATE AVENUE, DALY CITY FROM SULLIVAN CORRIDOR – HOSPITAL (SC-HOSP) TO SULLIVAN CORRDIDOR RESIDENTIAL HIGH DENSITY (SC – R-H)
(APN’s 008-104-120. 008-104-110. 008-520-190, and 008-520-180) 1900 Sullivan Avenue Daly City
and
(APN 008-521-110 – 1500 Southgate Avenue)
WHEREAS, state law requires each city and county to adopt a General Plan containing at least seven elements, including a housing element. The housing element must be updated every eight years and is subject to detailed requires of State law and must be reviewed by the California Department of Housing and Community Development (“HCD”).
WHEREAS, housing element law requires local governments to adequately plan to meet their existing and projected housing needs.
WHEREAS, The Housing Element process begins with HCD allocating a region's share of the statewide housing need to Councils of Governments (COG) based on California Department of Finance (DOF) population projections and regional population forecasts used in preparing regional transportation plans. In Daly City, the Association of Bay Area Governments (ABAG) serves as the regional COG in the San Francisco Bay Area. In coordination with local governments, ABAG allocates the region’s share of the statewide need to the cities and counties in the Bay Area.
WHEREAS, under state law, the Department of Housing and Community Development (“HCD”) completes an assessment of statewide housing needs. The HCD allocates the state’s anticipated housing needs on a region-by-region basis, at different levels of affordability, based on established criteria. (Government Code §§65584.01, 65588.) The HCD establishes the Regional Housing Needs Allocation (“RHNA”) to be included in the housing element of each locality.
WHEREAS, once the RHNA allocations are final; each locality is tasked with development a housing element to enact land use policies that will produce enough housing to meets its RHNA goals. (Government Code §§65583, 65583.2)
WHEREAS, the housing element must provide an inventory of sites available for residential development and asses constraints and market realities that affect the likely development activity at those sites, including land use regulations. Locality must make changes to their land use rules, including rezoning land, if needed to enable housing sufficient to meet their RHNA goals. (Government Code § 65583(c), 65583.2(h)).
WHEREAS, HCD has determined that the City of Daly City’s (RHNA) allocation for the 2023-2031 planning period is 4,838 housing units, at different levels of affordability.
WHEREAS, the City of Daly City did not adopt the sixth cycle update to its housing element by the January 31, 2023 statutory deadline.
WHEREAS, on February 14, 2023, Californians for Homeownership, Inc. served the City with a lawsuit and writ of mandate to adopt the housing element.
2 WHEREAS, the City retained consultant Placeworks to assist with the development and adoption of an updated housing element and the City prepared and submitted a draft housing element to HCD in December 2023.
WHEREAS, under State law, the City’s Housing Element must provide an inventory of planned projects and site for future development that provides a realistic path to satisfy the City’s RHNA requirement, and all income levels throughout the 2023-2031 planning period.
WHEREAS, under the draft housing element includes the proposed rezoning of certain parcels located at 1900 Sullivan Avenue and Southgate Avenue from Hospital to Residential High Density.
WHEREAS, in order for the City’s housing element to be certified by HCD, it is necessary for the rezoning of certain parcels located at 1900 Sullivan Avenue and Southgate Avenue from Hospital to Residential High Density to allow for residential uses at the site in order to avoid the City being out of compliance with state law.
WHEREAS, failure to have a certified housing element would put the City at risk of losing its powers to deny housing projects in the future, including those that do not comply with the City’s zoning and General Plan (i.e., Builder’s Remedy projects).
WHERES, in order to comply with state law, as well as to resolve pending litigation, it is necessary that the City Council waive first reading and adopt an urgency ordinance approving the amendment to the Zoning Map to rezone certain parcels from Hospital to Residential High Density to be effective immediately.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DALY CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Urgency Declared. In accordance with the authority granted the City under Government Code section 36937(b), and pursuant to the findings stated herein, the City Council hereby finds (1) failure to approve the adopt the Zoning Ordinance immediately will result in the City being out of compliance with the state law and in violation of the Settlement Agreement Court Order and Stipulation in the pending litigation with Californians for Homeownership; (2) that this ordinance should be adopted immediately in order for the City to meet its legally required RHNA allocations; and (3) that, therefore, this ordinance shall take effect immediately.
SECTION 2. Findings.
1. The City Council finds and determines the foregoing recitals to be true and correct and hereby incorporates them into this ordinance.
2. Following a public hearing duly and regularly conducted, the Planning Commission of the City of Daly City submitted to this City Council its recommendation with respect to the zoning amendment hereinafter described, accompanied by the report of the findings and a summary of its hearing, whereupon this City Council duly and regularly set this matter for hearing.
3 3. Due and regular notice of such hearing has been given as required by law and such hearing was regularly held by this City Council on October 14, 2024, all interested persons were heard and any additional evidence presented was received.
4. The City Council finds that the re-zoning from Sullivan Corridor – HOSP to Sullivan Corridor – Residential High Density (SC – R-H), would not be detrimental to the health, safety, morals, comfort and general welfare of persons residing in or working in the neighborhood, or be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the City of Daly City.
5. This City Council finds and declares that the health, safety, morals and general welfare of the City of Daly City requires that the real property hereinafter described be reclassified as provided herein.
6. The City Council has reviewed the proposal under the requirements of the California Environmental Quality Act (CEQA) and has determined, that an addendum to the General Plan EIR is the appropriate environmental review. The Daly City Planning Commission and City staff recommend that an addendum to the General Plan EIR per CEQA Guidelines be adopted for this project.
7. The City Council approves the addendum to the General Plan EIR for this project and hereinafter finds that addendum to the General Plan EIR complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.
SECTION 3. Zoning Reclassification:
The zoning as designated upon the “Official Zoning Map” of the City of Daly City, as adopted by Daly City Ordinance 635, and thereafter amended from time to time, is hereby changed as to the parcel or parcels identified on the attached Exhibit “A”, APNs 008-104-120. 008-104-110. 008- 520-190, 008-520-180 and 008-521-110), incorporated by this reference, and that in accordance with Title 17 of the Daly City Municipal Code, the zoning for the real property hereinafter described is hereby amended so as to change the zone classification of the property from Sullivan Corridor – Hospitals (SC – HOSP) to Sullivan Corridor – Residential High Density (SC – R-H), as such zones are designated and defined by Ordinance 635, Daly City Municipal Code Title 17.
SECTION 4. Effective Date. This ordinance is an urgency ordinance enacted under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council.
SECTION 5. Environmental Determination:The City Council approves the addendum to the General Plan EIR for this project and hereinafter finds that addendum to the General Plan EIR complies and conforms with the California Environmental Quality Act and the Guidelines implementing the Act.
SECTION 6. Severability: If any section, subsection or sentence of this Ordinance is found by a court of competent jurisdiction to be invalid or unlawful, the City Council finds and declares that the remainder of this Ordinance would be and is enforceable and would have been adopted notwithstanding the finding of invalidity as to any section, subsection or sentence.
SECTION7. Publication. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish once in a
4 newspaper of general circulation circulated within the City of Daly City. The City Clerk shall post at City Hall a copy of the full text of this Ordinance in accordance with Government Code Section 65858 and 75090.
The foregoing urgency ordinance was introduced and duly adopted by a four-fifths vote of the City Council of the City of Daly City at a special meeting of the City Council, held on the day of , 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY