HomeMy WebLinkAboutPC Meeting 03-17-22 (Reso 2878-2022) - Family Day Care and ADU ZTACity of South San Francisco
Resolution 2878-2022
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Resolution recommending that the City Council adopt an ordinance amending Title 15 (Building and
Construction) and Title 20 (Zoning) of the South San Francisco Municipal Code pertaining to large family
daycare homes, accessory dwelling units, and design review requirements.
WHEREAS, in July 2010, the City Council for the City of South San Francisco (“City”) adopted a
comprehensive update to the City’s Zoning Ordinance, which repealed the then-existing Title 20 of the South
San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established
new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and
outdated provisions, and codified entirely new zoning provisions, including new land use regulations and
development standards; and
WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning
Ordinance that require minor refinement, clarification, and/or correction; and
WHEREAS, City staff has drafted proposed revisions to the City’s Zoning Ordinance to address the identified
areas that require correction (“Zoning Amendment” or “Project”); and
WHEREAS, the 2010 Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption
of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality
Act, Public Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of
adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance 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; and
WHEREAS, the minor refinements, clarifications, and/or corrections set forth in this Zoning Amendment, are
minor in nature, the adoption of which 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 IS/ND prepared and circulated for the 2010 Zoning Ordinance, nor do the refinements, clarifications, and/or
corrections constitute a change in the project or change in circumstances that would require additional
environmental review; and
WHEREAS, the proposed Zoning Amendment also includes modifications to regulations pertaining to
accessory dwelling units and large family daycare homes, which are statutorily exempt from CEQA pursuant to
Section 21080.17 of the Public Resources Code as implementation of the provisions of Government Code
Sections 65852.2, and pursuant to Health and Safety Code Section 1597.45(d) as implementation of the
provisions of Health and Safety Code Section 1597.41, et seq.; and
WHEREAS, the proposed Zoning Amendment also includes modifications to regulations pertaining to design
review of certain residential development projects under Senate Bill 9 (2021) (“SB 9”), which are exempt from
CEQA pursuant to Government Code Sections 65852.21 and 66411.7 as those statutes specifically provide that
such ordinances implementing SB 9 requirements are exempt from CEQA; and
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WHEREAS, in addition to the foregoing, the City has identified additional provisions under Title 15 of the
South San Francisco Municipal Code that require minor refinement, clarification, and/or correction in
conjunction with the Zoning Amendment; and
WHEREAS, the proposed amendments to the Municipal Code would not result in a direct or indirect physical
change in the environment and would thus be exempt from CEQA pursuant to CEQA guidelines Section 15061
(b)(3) as it would not have a significant effect on the environment.
WHEREAS, on March 17, 2022, the Planning Commission for the City of South San Francisco held a lawfully
noticed public hearing, for which the Planning Division provided at least 10 day notice of a public hearing
consistent with Chapter 20.450 of the Municipal Code and with applicable state planning and zoning law, to
solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, and
take public testimony.
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 General Plan and General Plan EIR, including all amendments and updates thereto; the South San
Francisco Municipal Code; the draft Zoning Text Amendments prepared by City staff; all reports, minutes, and
public testimony submitted as part of the Planning Commission’s duly noticed April 16, 2020 meeting and any
other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) (“Record”), the
Planning Commission of the City of South San Francisco hereby finds as follows:
SECTION 1 FINDINGS
I.General Findings
1.The foregoing recitals are true and correct and made a part of this Resolution.
2.The proposed Ordinance,attached hereto ad Exhibit A,is incorporated by reference and made a part of
this Resolution, as if set forth fully herein.
3.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;all reports,minutes,and public testimony submitted as part of the Planning
Commission’s duly noticed April 16,2020 meeting and any other evidence (within the meaning of Public
Resources Code §21080(e) and §21082.2).
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 Chief Planner, Tony Rozzi.
II.CEQA Findings
1.No further environmental analysis is necessary for the proposed zoning text amendments as the 2010
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Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial
Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public
Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of adopting
the Zoning Ordinance and concluded that adoption of the Zoning Ordinance 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. Based on evidence presented in the record, the adoption of the
proposed minor zoning 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 IS/ND prepared and circulated for the 2010 Zoning Ordinance, nor do the proposed minor
amendments constitute a change in the project or change in circumstances that would require additional
environmental review. Thus, no further actions under CEQA would be required at this time.
2.The proposed Ordinance also includes modifications to regulations pertaining to accessory dwelling
units, which are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code
as implementation of the provisions of Government Code Sections 65852.2, and pursuant to Health and
Safety Code Section 1597.45(d) as implementation of the provisions of Health and Safety Code Section
1597.41, et seq. Further, the proposed Ordinance includes modifications to design review regulations
pertaining to certain residential development projects under Senate Bill 9 (2021), which are statutorily
exempt from CEQA pursuant to Government Code Sections 65852.21 and 66411.7.
3.Adoption of this Ordinance is further exempt from the California Environmental Quality Act (Public
Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA Guidelines”)
under the general rule that CEQA applies only to projects that have the potential for causing a significant
effect on the environment,and in this case it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)).
III.Zoning Text Amendment Findings
1.The proposed Zoning Ordinance Amendments are consistent with the General Plan because the
Ordinance Amendments will continue to reinforce many of the General Plan policies maintaining a
balanced land use program and is consistent with the City’s overall vision for the proper location of uses.
None of the new or revised definitions,tables,figures and land uses will conflict with or impede
achievement of any of the goals, policies, or land use designations established in the General Plan.
2.The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the
proposed uses in terms of access,size of parcel,relationship to similar or related uses,and other
considerations because the minor revisions,corrections and clarifications will not alter the existing uses
permitted in the Zoning Ordinance.
3.The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent
zone because the minor revisions,corrections and clarifications will not result in a change of any existing
zoning districts.
SECTION 2 RECOMMENDATION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of
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South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South
San Francisco City Council adopt an Ordinance amending South San Francisco Municipal Code Title 20
(Zoning), attached as Exhibit A.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its
passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San
Francisco at a regular meeting held on the 17th day of March by the following vote:
AYES:________________________________________________________________
NOES:________________________________________________________________
ABSTENTIONS:________________________________________________________
ABSENT:______________________________________________________________
Attest:__________________________________
Tony Rozzi
Secretary to the Planning Commission
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Chair Shihadeh, Vice Chair Tzang, Faria, Funes, De Paz Fernandez, Murphy, Evans