This chapter establishes the South San Francisco Community Benefits Program by which the City may increase the value of private property by granting additional development capacity (i.e. a floor area ratio (FAR) bonus) in exchange for community benefits. The Program is a way for the City to derive greater benefit for the broader community from the granting of Planning entitlements than would be otherwise possible through base zoning district standards. Community benefits include enhanced open spaces, enhanced connectivity, green buildings, social service uses, expanded transportation demand management, on-site and off-site affordable housing, or sea level rise adaptation measures.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
The Community Benefits Program allows bonus FAR for nonresidential projects in the zoning districts and amounts indicated in Chapter 20.100 (“Nonresidential Districts”) and in the East of 101 Transit Core (“ETC”) zoning district in Chapter 20.090 (“Downtown/Caltrain Station Area Zoning Districts”).
(Ord. 1646 §2, 2022)
A. 
Review.
1. 
Up to 1.0 FAR. An increase in FAR up to 1.0 may be granted on a ministerial basis without a Community Benefits Agreement, provided the following:
a. 
The proposed increase does not exceed the maximum amount indicated by the applicable base zoning district standard; and
b. 
The project complies with the requirements of this chapter and all other applicable requirements and standards of the South San Francisco Municipal Code.
2. 
1.0 to Maximum FAR. An increase in FAR greater than 1.0 up to the maximum FAR in the applicable base zoning district may be granted provided the following:
a. 
The proposed increase does not exceed the maximum amount indicated by the applicable base zoning district standard;
b. 
The project complies with the requirements of this chapter and all other applicable requirements and standards of the South San Francisco Municipal Code; and
c. 
The applicant satisfies one of the following two options:
i. 
Community Benefits Fee. The increase may be granted on a ministerial basis if the applicant pays the fee required in accordance with the Community Benefit Fee Schedule as adopted by separate resolution.
ii. 
Community Benefits Agreement. The increase may be granted by City Council approval of a Community Benefits Agreement, in accordance with Section 20.395.003(B) ("Community Benefits Program Community Benefits Agreement Requirements"), which may include payment of Community Benefits Fees to satisfy part of the benefit.
B. 
Community Benefits Program Community Benefits Agreement Requirements. Requirements of the Community Benefits Agreement include the following:
1. 
Valuation Study. An applicant seeking to provide a community benefit in-lieu of paying the Community Benefits Fee is required to submit the following as part of the Community Benefits Agreement:
a. 
A calculation of the applicable Community Benefits Fee that would apply, against which the value of the development’s public benefits will be credited in accordance with Section 20.395.003(B)(1)(c) below;
b. 
An assessment of the economic and/or intrinsic value of the proposed public benefit as compared with the economic value of the proposed development incentives requested by the applicant. In this case, the benefit provided must be described in Section 20.395.004 (“Community Benefit Priorities”); or
c. 
An assessment of the proposed fee as compared with the economic value of the proposed development incentives requested by the applicant. In this case, the fee provided will fund a benefit described in Section 20.395.004 (“Community Benefit Priorities”). The City may request an independent third-party review, by a qualified appraisal expert, hired by the City at the applicant’s expense, to validate the valuation submitted by the applicant. This requirement is not intended to imply a need for the applicant to provide or disclose a complete project pro forma. Only the marginal costs of the proposed public benefit and incentive are required to be disclosed in the analysis.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
This section establishes the City's community benefit priorities. Community Benefits Fees collected in accordance with Section 20.395.003 ("Review and Approval") may fund one or more of the benefits described below. Should an applicant provide a community benefit proposed as a part of a Development Agreement, the benefit must be consistent with the City's priorities as established in this section.
A. 
Community Benefit Priorities - General.
1. 
Public Spaces. Public spaces beyond the requirements of the base zoning district and applicable design standards as identified in Chapter 20.310 ("Site and Building Design Standards") may qualify as a community benefit.
a. 
Qualifying spaces may include active or passive parks, plazas, community gardens, rooftop gardens, or other publicly accessible open spaces.
b. 
Spaces should include amenities that support its intended use. Such amenities may include landscaping beyond the requirements of Chapter 20.300 ("Lot and Development Standards"), furniture, special paving, special lighting, public restrooms, water fountains, public art beyond the requirements of Chapter 8.76 ("Public Art Requirement"), or other public amenities that enhance the comfort and usability of the space.
c. 
Spaces should be accessible and open during business hours. Where spaces are not visible from the public right-of-way, signage should be provided to clearly indicate that the space is available for public use.
2. 
Enhanced Connectivity. Provision of enhanced connectivity beyond the requirements of the base zoning district standards and applicable design standards as identified in Chapter 20.310 ("Site and Building Design Standards") may qualify as a community benefit.
a. 
Enhancements include new through streets, bicycle/pedestrian paths, or other connections to existing trails. Priorities for new connectivity are identified in the General Plan's Mobility Element or applicable Specific Plan and shall be completed to the specifications of the General Plan and Engineering/Public Works.
b. 
Signage and appropriate public access to all new connections shall be provided to clearly indicate that the roadway or path is available for public use.
c. 
Connectivity improvements required as part of a CEQA mitigation shall not be considered a community benefit.
d. 
A public access easement shall be recorded against the property that ensures public access to the portion of the project which qualifies it for the FAR Bonus.
e. 
A property owner or applicant who completes and develops an existing rail spur that is or will be abandoned as a publicly accessible open space connection consistent with the General Plan's Mobility Element or applicable Specific Plan qualifies for the FAR Bonus. The open space connection shall be completed to the specifications of the General Plan and Engineering/Public Works and shall either be dedicated to the City or a public access easement shall be recorded against the owner of the rail spur.
3. 
Public and Social Services. On-site provision of non-profit social services and/or public facilities may qualify as a community benefit.
a. 
Qualifying uses include senior center, childcare facility, public safety facilities, community meeting rooms, after-school center, or other non-profit organization.
b. 
Qualifying spaces should be a minimum of 1,400 square feet in area including any outdoor space required of the use.
Where approval is conditioned upon the provision of a specific use, the permit shall include a covenant that the use may not be terminated or otherwise altered without the approval of the Chief Planner.
4. 
Support for Local Businesses. Support for local businesses may qualify as a community benefit. This may include:
a. 
Tenant space for local small businesses in need of relocation.
b. 
Building frontage devoted to active walk-in uses such as retail, restaurant, or cafe.
c. 
Participation in a local hire program.
d. 
Façade improvements or enhancement.
Where approval is conditioned upon the provision of a specific use, the permit shall include a covenant that the use may not be terminated or otherwise altered without the approval of the Chief Planner.
5. 
On-Site or Off-Site Affordable Housing. Development of on-site or off-site affordable housing (very low, low, and moderate-income units) that is consistent with the standards set forth in Section 20.380.006 ("Affordable Housing Standards") may qualify as a community benefit. The applicant may develop the units or otherwise cause them to be constructed, such as through a partnership with a reputable affordable housing developer or non-profit organization.
6. 
District Transportation Demand Management (TDM) Measures. TDM measures beyond those required in accordance with Chapter 20.400 ("Transportation Demand Management") and beyond applicable requirements of a Transportation Management Association (TMA) may qualify as a community benefit.
7. 
District Sea Level Rise Mitigation Measures. Contributions to or construction of district-wide sea level rise mitigation measures may qualify as a community benefit. Measures may include construction of levees or sea walls; creek restoration and improvements; construction of detention basins; landscaping efforts aimed at supporting creating biodiversity and improving resilience in impacted areas.
B. 
Community Benefit Priorities — Lindenville Specific Plan District.
1. 
Open Space. New dedicated or publicly-accessible open space beyond standards in the Specific Plan and City parkland dedication requirements. Where open space types are identified in the Lindenville Specific Plan Parks and Open Space Framework, the development project shall contribute the open space onsite and in designated locations as part of its community benefits contribution.
2. 
Affordable Housing. Development of affordable housing units on- or off-site within Lindenville, in excess of the amount required under existing City and Specific Plan regulations.
3. 
Transportation, Infrastructure, and Utility Improvements. Off-site transportation, infrastructure, and utility improvements in excess of required contributions that address the fair share of impacts needed to serve the development. This includes blue-green infrastructure and sea level rise improvements.
4. 
Small Business Retention. Supporting or subsidizing small, local businesses in excess of the amount required under existing City and Specific Plan regulations.
5. 
Other. Other benefits proposed by applicants that further the vision for Lindenville.
(Ord. 1646 § 2, 2022; Ord. 1649, 10/11/2023; Ord. 1656, 6/12/2024)