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HomeMy WebLinkAboutOrd. 1627-2021 (21-648)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Zoning Ordinance: ORD 1627-2021 File Number: 21-648 Enactment Number: ORD 1627-2021 ORDINANCE TO MAKE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATIONS AND TO ADOPT A ZONING TEXT AMENDMENT TO PROHIBIT RESEARCH & DEVELOPMENT USES IN THE EL CAMINO REAL CORRIDOR; MODIFY THE DEFINITIONS OF FREIGHT TRUCK/WAREHOUSE USES TO INTRODUCE A PARCEL HUB DEFINITION AND WHERE THESE USES ARE CONDITIONALLY PERMITTED OR PROHIBITED; AND UPDATE THE ACCESSORY DWELLING UNIT PERFORMANCE STANDARDS TO COMPLY WITH NEW STATE LAW CHANGES. WHEREAS, in July of 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for the City of South San Francisco ("City") adopted a comprehensive update to the City's Zoning Ordinance, which repealed the then -existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then -existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and WHEREAS, since adoption of the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, the City staff has drafted proposed revisions to the City's Zoning Ordinance to address the identified areas that require correction; and WHEREAS, the 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 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 City of South San Francisco Page 1 File Number: 21-648 Enactment Number: ORD 1627-2021 WHEREAS, on April 15, 2021 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and adopted Resolution No. 2871-2021 making a recommendation to the City Council on the project; and WHEREAS, the modifications to regulations pertaining to ADUs are also statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 65852.2; and WHEREAS, on June 17, 2021 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and further refinements to the proposed zoning ordinance amendments, take public testimony, and adopted Resolution No. 2872-2021 making a recommendation to the City Council on the project; and WHEREAS, on August 25, 2021 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and adopt the recommendation of the Planning Commission on the proposed revisions to the City's Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. The foregoing recitals are true and correct and made a part of this Ordinance. The Record for these proceedings, and upon which this Ordinance is based, 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; the South San Francisco Municipal Code; the Zoning Ordinance Text Amendments; and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed April 15, 2021 meeting; and all reports, minutes, and public testimony submitted as part of the City Council's duly noticed August 25, 2021 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). City of South San Francisco Page 2 File Number: 21-648 Enactment Number., ORD 1627-2021 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 the Chief Planner, Tony Rozzi. 4. The City previously prepared, circulated and adopted an Initial Study/Negative Declaration ("IS/ND") in accordance with CEQA in 2010, which analyzed the environmental impacts of updating the Zoning Ordinance. The IS/ND 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. The current proposed 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 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. Additionally, the modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 65852.2. Based on the foregoing, no further environmental review is required at this time. B. Zoning Amendment Findings 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 II. AMENDMENTS. The City Council hereby amends the following sections, included as Exhibit A, of the South San Francisco Municipal Code are amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. City of South San Francisco Page 3 File Number. 21-648 SECTION III. SEVERABILITY. Enactment Number. ORD 1627-2021 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 full 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 IV. 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 (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 25th day of August 2021. At a meeting of the City Council on 9/8/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Coleman, that this Zoning Ordinance be adopted. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by DL-- iosa Govea Acosta, City Clerk —Plewk A, Mark Addiego, Mayor City of South San Francisco Page 4 Exhibit A – Amendments to the Zoning Ordinance The following chapters of the South San Francisco Municipal Code are amended as shown here. Subsections, subdivisions and tables that are not amended by this ordinance are not included, and shall remain in full force and effect. A. Revise Multiple Chapters of the Zoning Ordinance as follows to prohibit Research and Development uses on the El Camino Real corridor: (1) Amend Table 20.090.002 Land Use Regulations to prohibit Research and Development uses in the El Camino Real Mixed Use (ECRMX) Zoning District, as follows: CC BPO CMX ECRMX Employment Uses Construction and Material Yard - P(8) - - Food Preparation - P(8) - - Handicraft/Custom Manufacturing - P(8) - - Industry, General - P(8) - - Industry, Limited - P(8) - - Recycling Facilities See sub-classifications below Collection Facility P P(8) P C See Recycling Facilities in Chapter 20.350 Intermediate Processing - MUP(8) - - See Recycling Facilities in Chapter 20.350 Research and Development - P(8) - (9) Limitations: 1. Permitted if existing. New units not allowed. 2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Camino Real between First Street and West Orange Drive subject to approval of a Use Permit. 3. Residential use on ground floor limited to 50 percent of ground floor area. 4. Subject to state licensing requirements. 5. Subject to site evaluation based on prior use. 6. Maximum of 10 vehicles stored on-site with minor maintenance in enclosed structure only. 7. Must be located entirely within a building. 8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1 District except the maximum FAR is .4 with an increase up to .6 for development that provides specified off-site improvements, subject to Conditional Use Permit approval. These uses are not subject to the development standards or supplemental regulations of the BPO District. 9. Research and Development uses may still be established if a development project submits a pre-application prior to the effective date of the ordinance enabling this note 9 and follows with a complete application within 180 days of that effective date. (2) Amend Table 20.270.003 Land Use Regulations to prohibit Research and Development uses in the El Camino Real/Chestnut Sub-Districts (ECR/C-MXH and ECR/C-MXM), as follows: ECR/C-MXH ECR/C-MXM ECR/C-RH Employment Uses Recycling Facilities See sub-classification below Collection Facility C(7) C(7) - See Recycling Facilities in Chapter 20.350 Research and Development - - - Limitations: 1. Not permitted on the ground floor along El Camino Real, Chestnut Avenue, Oak Avenue, or BART right-of-way south of Oak Avenue. 2. Subject to site evaluation based on prior use. 3. Allowed only on the northeast corner of El Camino Real and Arroyo Drive/Oak Avenue Extension. See Figure 20.270.003. 4. Customer service offices are permitted on the ground level, and other offices are permitted on the second floor or when conducted as an accessory use with a permitted use on the site, occupying no more than 25 percent of the floor area. Additional office space may be allowed with a Use Permit, upon finding that such use will not conflict with adjacent street level retail uses. 5. Not permitted along Mission Road. 6. Must be structured. 7. Large Collection Facilities are not permitted. 8. Only building mounted or completely enclosed within a building. Not permitted on the ground floor. B. Revise Multiple Chapters of the Zoning Ordinance as follows to add definitions of Freight Truck/Warehouse uses and clarify where these uses are permitted, conditionally permitted or prohibited: (1) Amend Section 20.620.005 Employment Use Classifications to clarify the Freight/Truck Terminal and Warehouse definition and add a definition of a Parcel Hub, as follows: Freight/Truck Terminal and Warehouse. Facilities that handle third party goods for local or worldwide freight, courier, local messenger, and postal services by truck or rail. This includes fulfillment centers, which provide storage and distribution of e-commerce products to consumers or end-users, either directly or through a Parcel Hub. Parcel Hub. A “Last Mile” facility or similar establishment for the processing and/or redistribution of parcels or products. A Parcel Hub’s primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a ten-mile radius. (2) Amend Table 20.110.002 Land Use Regulations—Employment Districts to require a Minor Use Permit for Freight/Truck Terminal and Warehouse uses and Parcel Hub uses in the Employment Districts, as follows: BC BTP FC MI Employment Uses Warehousing, Storage, and Distribution See sub-classifications below Chemical, Mineral, and Explosives Storage - - - C Freight/Truck Terminals and Warehouses - (10) - C See Freight/Truck Terminals and Warehouses and Parcel Hub in Chapter 20.350 Indoor Warehousing and Storage - (10) - P Parcel Hub - - - C See Freight/Truck Terminals and Warehouses and Parcel Hub in Chapter 20.350 Outdoor Storage MUP - - P See Outdoor Storage in Chapter 20.350 Personal Storage - - - C See Personal Storage in Chapter 20.350 Wholesaling and Distribution - P(11) - P Limitations: 10. In accordance with General Plan Policy 3.5-I-11 and Resolution 84-97, legally approved freight forwarding, customs brokering, wholesale, warehousing, and distribution uses that existing in 1997 (or were approved prior to July 10, 2000 with a Use Permit) are considered conforming uses and may convert to other industrial uses including wholesale, warehouse, and distribution uses, and may expand within parcel boundaries as they existed at the time Resolution 84-97 was adopted, subject to meeting the current development standards (Municipal Code); however, said uses may not expand, convert to, re-convert to, or establish a freight forwarding use. 11. Only within enclosed buildings and south of Grand Avenue. (3) Amend Table 20.090.002 Land Use Regulations—Commercial, Office, and Mixed-Use Districts to prohibit Parcel Hub in these Zoning Districts, as follows: Employment Uses CC BPO CMX ECRMX Warehousing, Storage, and Distribution See sub-classifications below Chemical, Mineral, and Explosives Storage - C(8) - - Freight/Truck Terminals and Warehouses - - - - Indoor Warehousing and Storage - P(8) - - Parcel Hub - - - - Outdoor Storage - P(8) - - See Outdoor Storage in Chapter 20.350 Personal Storage - C(8) - - See Personal Storage in Chapter 20.350 Wholesaling and Distribution - P(8) - - Limitations: 1. Permitted if existing. New units not allowed. 2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Camino Real between First Street and West Orange Drive subject to approval of a Use Permit. 3. Residential use on ground floor limited to 50 percent of ground floor area. 4. Subject to state licensing requirements. 5. Subject to site evaluation based on prior use. 6. Maximum of 10 vehicles stored on-site with minor maintenance in enclosed structure only. 7. Must be located entirely within a building. 8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1 District except the maximum FAR is .4 with an increase up to .6 for development that provides specified off-site improvements, subject to Conditional Use Permit approval. These uses are not subject to the development standards or supplemental regulations of the BPO District. (4) Revise Performance Standards for Section 20.350.020 to incorporate Parcel Hub, as follows: 20.350.020 Freight/Truck Terminal and Warehouses and Parcel Hub Freight/Truck Terminals and Warehouse and Parcel Hub uses shall provide adequate parking, loading, queuing, and circulation areas on-site and shall not have a detrimental impact on the circulation or on-street parking in the surrounding area. A. Parking and Circulation Study. A parking and circulation study shall be submitted for review and approval by the Chief Planner and City Engineer which demonstrates compliance with the above criteria. The study shall, at minimum, include the following: 1. Description of the type of freight to be distributed. 2. Size of trucks and shipping containers. 3. Number and schedule of deliveries. 4. Amount and duration of storage. 5. Loading and unloading procedures. 6. Circulation plan. 7. Radius of delivery map. 8. Other information as required by the City. C. Revise Multiple Chapters as follows to update various references to multiple-unit residential developments in the zoning ordinance and to update performance standards for Accessory Dwelling Units: SECTION I. Chapter 20.090 Commercial, Office, and Mixed-Use Districts . . . . . . Table 20.090.002 Land Use Regulations—Commercial, Office, and Mixed-Use Districts Use Classification CC BPO CMX ECRMX Additional Regulations Residential Use Types Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) - (1) Accessory Dwelling Unit (1) (1) P P See Accessory Dwelling Units in Chapter 20.350 Single Unit Semi- Attached (1) (1) (1) (1) Single-Unit Attached (1) (1) C P(2) Multiple-Unit Residential See sub-classifications below Duplex (1) - C (1) Multi-unit (1) - P(3) P(2) Senior Citizen Residential (1) - P(3) P(2) SECTION II. Chapter 20.250 Transit Village Plan District . . . . . . Table 20.250.003 Land Use Regulations for Transit Village Sub-Districts Uses Permitted TV-C TC-R TV- RM TV-RH Additional Regulations Residential Use Classifications Uses Permitted TV-C TC-R TV- RM TV-RH Additional Regulations Single-Unit Dwelling See sub-classifications below Single-Unit Attached - - P P Accessory Dwelling Unit P P P P See Accessory Dwelling Units in Chapter 20.350 Multiple-Unit Residential P(1) P(1) P P Elderly and Long-Term Care - - C C See Group Residential Facilities in Chapter 20.350 SECTION III. Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District . . . . . . Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub-Districts Uses Permitted ECR/C- MXH ECR/C- MXM ECR/C- RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classification below Single-Unit Attached P(1) P P Accessory Dwelling Unit P P P See Accessory Dwelling Units in Chapter 20.350 Multiple-Unit Residential See sub-classifications below Multi-Unit C(1) C C Senior Citizen Residential C(1) C C Elderly and Long-Term Care C(1) C C See Group Residential Facilities in Chapter 20.350 SECTION IV. Chapter 20.300 Lot and Development Standards 20.300.007 Landscaping . . . . . . B. Applicability. The standards of this section apply to the following: 1. All new development, any change of use classification and additions (other than to Single- Unit Dwellings or Duplexes) that expand existing floor area by 10 percent or more. 2. New construction and rehabilitated landscapes which are homeowner-provided and/or homeowner-hired in single-unit and multiple-unit residential projects with a total project landscape area equal to or greater than 5,000 square feet. 3. New construction and rehabilitated landscapes for all projects other than those described in subsection (B)(2) of this section with a total project landscape area equal to or greater than 2,500 square feet. 4. Existing landscapes limited to Sections 20.300.007(O); and 5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Section 20.300.007(D)(l)(d), Section 20.300.007(J)(3), and Section 20.300.007(H)(2); and existing cemeteries are limited to Section 20.300.007(O). 6. Any project, subject to this ordinance, with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D of the State of California model water efficient landscape ordinance. 7. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5) of the State of California model water efficient landscape ordinance. 8. Exceptions. The standards of this section do not apply to landscaping that is part of a registered historic site, plant collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not require a permanent irrigation system. Chapter 20.320 Nonconforming Uses, Structures and Lots 20.320.004 Alterations and Enlargements to Nonconforming Structures Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws subject to the following provisions: A. Additions to and/or enlargements of nonconforming structures are allowed, and no Use Permit is required, if the addition or enlargement complies with all applicable laws and if the existing use of the property is conforming except as provided for in this chapter. B. Additions or enlargements may be made to a building that is designed for and used as a residence without requiring any additional parking space or changes to an existing driveway provided that such alterations or enlargements neither trigger the need for additional parking pursuant to Chapter 20.330 (“On-Site Parking and Loading”), nor occupy the only portion of a lot that can be used for required parking or access to parking. C. Notwithstanding the requirements of subsection A above, an accessory dwelling unit in compliance with Section 20.350.035 (“Accessory Dwelling Units”) and State law may be developed on a lot that contains a single-unit or multiple-unit residential dwelling that is nonconforming with respect to standards. If the single-unit dwelling is nonconforming because it does not meet parking standards, an accessory dwelling unit may be established when parking for the primary dwelling unit is provided to meet the applicable requirements of Chapter 20.330 (“On-Site Parking and Loading”). Notwithstanding the requirements of Chapter 20.330, parking for the primary dwelling unit may be located in any configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or mechanical parking lifts. D. Additions or enlargements that horizontally extend a nonconforming yard or height or an alteration of a portion of a residential building that encroaches into a nonconforming yard or which extends above the permitted height may be authorized subject to the approval of a Minor Use Permit. The Chief Planner may only approve such alterations or enlargements if the use of the property is conforming and if the alteration/enlargement would not: 1. Further reduce any existing nonconforming yard provided that no setback shall be less than three feet in a residential district; 2. Exceed applicable building height limits; 3. Further reduce existing nonconforming lot coverage or floor area ratio requirements; 4. Occupy the only portion of a lot that can be used for required parking or access to parking when existing parking does not meet the requirements of this Ordinance for the current or proposed use of the structure; and 5. Be detrimental to the light, views, or privacy of the adjacent neighbor. E. Additions to or enlargements of nonconforming structures that exceed the maximum allowable lot coverage require approval of a variance pursuant to the provisions of Chapter 20.500 (“Variances”) if the addition or enlargement would increase the coverage of the subject property. (Ord. 1599 § 2, 2020; Ord. 1544 § 2, 2017; Ord. 1432 § 2, 2010) SECTION V. Chapter 20.330 On-Site Parking and Loading 20.330.002 Applicability . . . . . . C. Additions and Alterations to Existing Dwelling Units. Parking shall be provided according to the provisions of this chapter based on the total resultant square footage. When an addition is proposed to an existing dwelling unit that does not provide parking in compliance with this chapter, the following regulations apply: 1. Single Unit Dwellings. a. If there are no off-street parking spaces existing, an addition of less than 100 square feet that increases the total habitable floor area of a dwelling unit to no more than 1,500 square feet of gross habitable floor area and not more than three bedrooms may be permitted. b. If there is one off-street space per unit existing, then an addition resulting in a total of up to 1,800 hundred square feet of gross habitable floor area and a maximum of three bedrooms per dwelling unit shall be permitted. 2. Multiple-Unit Residential Dwellings. a. If there are no off-street parking spaces existing, an addition of less than 100 square feet that increases the total habitable floor area of a dwelling unit to no more than 800 square feet of gross habitable floor area and not more than one bedroom may be permitted. b. If there is one off-street space per unit existing, then an addition resulting in a total of up to 1,100 hundred square feet of gross habitable floor area and a maximum of two bedrooms per dwelling unit shall be permitted. . . . . . . Table 20.330.004 Required On-Site Parking Spaces Land Use Classification Required Parking Spaces Residential Use Classifications Single-Unit, Detached or Attached Less than 2,500 square feet and 4 or fewer bedrooms 2 spaces per dwelling unit General Requirements for all Single-Unit Residential Parking: At least one space must be within a garage. 2,500 to 2,999 square feet or 5 bedrooms 3 spaces per dwelling unit Land Use Classification Required Parking Spaces 3,000 square feet or more or 6 or more bedrooms 4 spaces per dwelling unit A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multiple-Unit Residential Studio and less than 500 sq. ft. 1 space per unit General Requirements for all Multiple-Unit Residential Parking: One covered space shall be designated for each unit. One additional guest parking space must be provided for every 4 units for projects greater than 10 units. One-bedroom (up to 1,100 sq. ft.) 1.5 spaces per unit Two-bedroom (up to 1,100 sq. ft.) 1.8 spaces per unit Three or more bedrooms and 1,101 sq. ft. or larger 2 plus an additional .5 space for each additional sleeping room over 3 Small Family Day Care None in addition to what is required for the residential use. Large Family Day Care 1 per employee plus an area for loading and unloading children, on- or off-site. (Required spaces and the residential driveway for the primary residential use may be counted toward meeting these requirements.) Elderly and Long-Term Care 1 for every 7 residents plus 1 for each live-in caregiver. Facilities serving more than 15 residents shall also provide 1 space for each caregiver, employee, and doctor on-site at any one time. Group Residential 2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each non-resident employee. Mobile Home Park 2 on-site spaces for each dwelling unit. At least one required space must be in a carport or garage. Residential Care, Limited None in addition to what is required for the residential use. Residential Care, General 2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each non-resident employee. Residential Care, Senior 1 for every 7 residents plus 1 for each live-in caregiver. Facilities serving more than 15 residents shall also provide 1 space for each caregiver, employee, and doctor on-site at any one time. . . . . . . Table 20.330.007 Required Parking Spaces, Downtown Districts Land Use Classification Required Parking Spaces Single-Unit, Detached or Attached Less than 900 sq. ft. and less than 3 bedrooms 1 space per dwelling unit, 2 spaces maximum per unit General Requirements for all Single- Unit Residential Parking**: For new construction, required parking up to 2 spaces must be within a garage. For existing development, all existing garage spaces, up to a maximum of 2 spaces, must be maintained. A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. 900 to 2,500 sq. ft. or 3 or 4 bedrooms 2 spaces per dwelling unit, minimum and maximum per unit 2,501 sq. ft. or more than 4 bedrooms 3 spaces per dwelling unit, minimum and maximum per unit Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multiple-Unit Residential Studio and less than 500 sq. ft. 1 space per unit maximum General Requirements for all Multiple- Unit Residential Parking**: One covered space shall be designated for each unit. One-bedroom (up to 1,100 sq. ft.) 1 space minimum, 1.5 spaces maximum per unit Two-bedroom (up to 1,100 sq. ft.) 1.5 spaces minimum, 1.8 spaces maximum per unit Three or more bedrooms and 1,101 sq. ft. or larger 1.5 spaces minimum, 2 spaces maximum per unit Lodging SECTION VI. Chapter 20.350 Standards and Requirements for Specific Uses and Activities Section 20.350.035 Accessory Dwelling Units A permit shall be issued as a ministerial matter without discretionary review or hearing for an accessory dwelling unit within 60 days of receiving a complete application if there is an existing single-unit or multiple-unit residential dwelling on the lot and if the requirements of this Chapter (“Accessory Dwelling Units”), other requirements of the Zoning Ordinance, and other applicable City codes are met. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-unit or multiple-unit residential dwelling on the lot, the application for the accessory dwelling unit shall not be acted upon until the application for the new single-unit or multiple-unit residential dwelling is approved. A. Location. Accessory dwelling units may be established on any lot in any district where single-unit and/or multiple-unit residential dwellings are permitted or conditionally permitted, and a single-unit or multiple-unit residential dwelling has been previously established or is proposed to be established in conjunction with construction of an accessory dwelling unit. B. Type of Unit. An accessory dwelling unit shall provide separate, independent living quarters for one or more persons. An accessory dwelling unit may be one of the following: 1. Attached accessory dwelling unit: Added to a primary single-unit dwelling unit, typically to the side or rear, that is either newly constructed or an expansion of existing structure that is not a converted accessory dwelling unit as defined herein. 2. Detached accessory dwelling unit: A freestanding structure that is newly constructed, demolished and reconstructed, or an expansion of an existing freestanding structure that is not a converted accessory dwelling unit as defined herein. Detached accessory dwelling units may be located on a single-unit or multiple-unit residential lot, as provided in subsection (C) below. 3. Converted accessory dwelling unit: Located within the physical dimensions of an existing or proposed single-unit dwelling (with exterior access therefrom) or an existing accessory structure, or within the non-livable area in an existing multiple-unit residential dwelling structure. Modifications to building footprints and physical dimensions are not permitted for converted accessory dwelling units within an existing or proposed single-unit dwelling or existing accessory structure, except where necessary to accommodate ingress and egress or habitability requirements under applicable building code provisions. In such instances, an expansion of up to 150 square feet would be permitted as long as the side and rear setbacks are sufficient for fire and safety. C. Number of Units Allowed. 1. Single-Unit Lot: On a lot with an existing or proposed single-unit dwelling, one accessory dwelling unit, of any type, and one junior accessory dwelling unit shall be permitted. 2. Multiple-Unit Residential Lot. a. Up to two detached accessory dwelling units are permitted on a lot with an existing or proposed multiple-unit residential dwelling. Within an existing multiple-unit residential dwelling structure, converted accessory dwelling units shall be permitted up to 25 percent of the existing number of units or one unit, whichever is greater. Such converted accessory dwelling unit shall only be permitted within the portions of the structure that is not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this Code. b. If there are existing accessory structures on a lot with an existing or proposed multiple-unit residential dwelling, converted accessory dwelling units may be permitted within all such existing accessory structures provided that the lot does not otherwise contain one or more proposed or existing accessory dwelling unit permitted under subsection (C)(2)(a) above, and that the converted accessory dwelling units meet the requirements of subsection (B)(3) above, the development standards of the zoning district in which the property is located, and all other applicable requirements of this chapter. D. Development Standards. Accessory dwelling units shall conform to the specific development standards set forth below and, unless specified otherwise below, shall comply with the landscaping, lot coverage, and other zoning requirements of the zoning district in which the site is located; other applicable development standards in this chapter; other requirements of the zoning ordinance; and other applicable City building, electrical, fire, utility and structural safety codes. 1. Setbacks. The minimum street side, interior side, and rear yard setbacks for accessory dwelling units shall be as follows: a. Detached accessory dwelling unit: 4 feet b. Attached accessory dwelling unit: 4 feet 2. Separation between units. The distance between an accessory dwelling unit to the rear of the primary dwelling and any other existing proposed structures on the lot, inclusive of eaves, as applicable, shall be as follows: a. Detached accessory dwelling unit: 6 feet b. Attached accessory dwelling unit: 6 feet 3. Height. The maximum height for an accessory dwelling unit shall be as follows: a. Detached accessory dwelling unit: one story, up to 16 feet b. Attached accessory dwelling unit: the height requirements of the zoning district where the site is located 4. Entry and Exterior Access. Each accessory dwelling unit shall have a separate entry or exterior door access from the primary unit. Where possible, the exterior entry for an attached accessory dwelling unit or an accessory dwelling unit located within an existing single-unit dwelling shall not be located adjacent to the primary front door of the primary dwelling unit. 5. Development standards described in this chapter and elsewhere in the zoning ordinance shall be waived for: a. Converted accessory dwelling units located on single-unit dwelling lots; b. Attached or Detached accessory dwelling units that have a maximum size of 800 square feet with at most 16 feet in height, does not exceed 4-foot side and rear yard setbacks, and located on single-unit dwelling lots; c. Converted accessory dwelling units located on a lot with one or more existing multiple-unit residential dwelling as set forth in subsection (C)(2)(a) above; and d. Detached accessory dwelling units located on a lot with one or more existing multiple-unit residential dwelling as permitted by subsection (C)(2)(a) above, provided that such units have a maximum height of 16 feet and 4-foot rear and side yard setbacks. However, the foregoing accessory dwelling units shall continue to comply with applicable building, electrical, fire, utility and structural safety codes for the issuance of a City building permit. E. Maximum Floor Area. 1. Attached Accessory Dwelling Unit. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary unit or 800 square feet, whichever is greater, with a maximum allowable floor area of 1,000 square feet. 2. Detached Accessory Dwelling Unit. The total floor area of a detached accessory dwelling unit shall not exceed 1,000 square feet. F. Architectural Compatibility. Except as provided in subsection (D) above, an accessory dwelling unit shall be designed and constructed according to the following: a. Detached accessory dwelling unit: the design shall incorporate the same aesthetic elements and structural design of the existing or proposed single unit or multiple-unit residential dwelling in terms of roofing, siding materials and color, as applicable. b. Attached accessory dwelling unit: the design shall be integrated with the design of the existing or proposed single-unit dwelling by use of similar exterior wall materials, identified color tones, window types and styles, door and window trims, roofing materials and roof pitch, as applicable. G. Parking. One independently usable on-site parking space shall be provided for each accessory dwelling unit or bedroom, whichever is less, unless the accessory dwelling unit meets any of the following criteria, in which case no parking spaces shall be required: 1. Within a half-mile walking distance of public transit; 2. Within an architecturally and historically significant historic district, as determined by the Chief Planner; 3. Is an accessory dwelling unit described in Section 20.350.035 (D)(5); 4. Is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or 5. Within one block of a car share area. If a space is required, it shall be provided in addition to the required parking for the primary single-unit or multiple-unit residential dwelling and shall comply with all development standards set forth in Chapter 20.330 (“On-Site Parking and Loading”). Required parking may be provided as tandem parking on a driveway or in setback areas unless the Chief Planner makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or conditions that would pose a risk to health and safety or violate any fire or building code provisions. Replacement parking shall not be required when existing off-street parking for the primary single-unit or multiple-unit residential dwelling is converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. H. Code Compliance. An accessory dwelling unit shall comply with all applicable provisions of the South San Francisco Municipal Code relating to health, welfare, public peace and safety, in effect at the time of approval of the building permit, and as follows: 1. If the proposed accessory dwelling unit is attached or within the primary dwelling unit, the primary unit must comply with all building, electrical, plumbing, and housing code requirements in effect at the time the building permit is issued for the accessory dwelling unit. 2. Products of combustion detectors shall be required for each primary and accessory dwelling unit. 3. Delay of Enforcement of Building Standards. a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020 may submit an application to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. b. The Chief Building Official shall grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official shall consult with the Fire Marshal. c. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. d. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. e. This section shall remain in effect until January 1, 2035 or, if such date is further extended by state law, until that extended date, and as of that date thereafter is repealed. I. Use Limitation. 1. An accessory dwelling unit may be rented separate from a primary single-unit or multiple-unit residential dwelling but may not be sold or otherwise conveyed separately from the primary unit. 2. An accessory dwelling unit shall not be used for rentals of terms shorter than 30 days. J. Deed Restrictions. Prior to obtaining a building permit for an accessory dwelling unit, a deed restriction, approved as to form and content by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that: 1. The accessory dwelling unit cannot be sold separately. 2. The accessory dwelling unit cannot be used for rentals for terms shorter than 30 days. 3. The accessory dwelling unit is restricted to the maximum size allowed per the requirements of this chapter. 4. The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner including revocation of any right to maintain an accessory dwelling unit on the property. K. Junior Accessory Dwelling Units. A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-unit dwelling within the existing footprint. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 1. Development Standards. Junior accessory dwelling units shall comply with the following standards: a. Number of Units Allowed. Only one junior accessory dwelling unit may be located on any lot in any district where single-unit dwellings are permitted or conditionally permitted. A junior accessory dwelling unit may only be combined with an accessory dwelling unit that conforms to the development standards in this chapter. b. Location. A junior accessory dwelling unit may only be located on a lot where a single-unit dwelling has been previously constructed or is proposed to be constructed in conjunction with construction of a junior accessory dwelling unit. A junior accessory dwelling unit must be created within the walls of an existing or proposed single-unit dwelling. c. Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Where possible, the exterior entry for a junior accessory dwelling unit shall not be located adjacent to the primary front door of the primary dwelling unit. d. Interior Entry Required. If a junior accessory dwelling unit is constructed without a separate sanitation facility, the unit shall have interior doorway access to the primary dwelling unit. e. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: i. A sink; ii. A cooking facility with appliances; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit. f. Minimum and Maximum Floor Area. The minimum total floor area of a junior accessory dwelling unit shall be at least the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code but shall not exceed a maximum of 500 square feet of floor area. 2. Parking. No additional parking shall be required. 3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling unit or the accessory dwelling unit. 4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 5. No Short Term Rental. A junior accessory dwelling unit shall not be used for rentals of terms shorter than 30 days. 6. Deed Restriction. Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that: a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; b. The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; c. The junior accessory dwelling unit shall be considered legal only so long as either the primary dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property; d. The junior accessory dwelling unit shall not be used for rentals for terms shorter than 30 days. e. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. L. Utilities and Impact Fees. 1. No accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property. 2. For all utility services other than sewer services, only an accessory dwelling unit constructed with a new single-unit or multiple-unit residential dwelling shall be required to have a new or separate utility connection between the accessory dwelling unit and a utility. If a new or separate utility connection is required pursuant to this section or installed upon request of the property owner, a connection fee or capacity charge shall be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values, as applicable for the utility. Separate electric and water meters shall be required for the accessory dwelling unit. For sewer services, the number of sewer laterals/connections to the City’s wastewater collection system shall comply with Section 14.14.040 of this Code and only an accessory dwelling unit constructed with a new single-unit or multiple-unit residential dwelling shall be required to pay a sewer capacity charge, the amount of which shall be proportionate to the size in square feet of the accessory dwelling unit or its DFU values. 3. Impact Fees. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit, in accordance with the then most current applicable fee schedule as adopted by the City Council. Section 20.350.040 Short-Term Vacation Rentals Short-term vacation rental uses shall be located, developed, and operated in compliance with the following standards: A. Type of Residence. Must be located and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapters 20.620 and 20.630, and Section 20.350.035 of this Code. Section 20.350.010 Bed and Breakfast Lodging Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards: A. Type of Residence. Must be located, developed and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapters 20.620 and 20.630, and Section 20.350.035 of this Code. SECTION VII. Chapter 20.620 Use Classifications 20.620.002 Residential Use Classifications . . . . . . Accessory Dwelling Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with a primary, single-unit, or multiple-unit residential dwelling. An accessory dwelling unit may be within the same structure as the primary unit, in an attached structure, or in a separate structure on the same lot. 20.630.002 Definitions . . . . . . Dwelling Unit, Accessory. An attached, detached, or converted residential unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed single-unit or multiple-unit residential dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single- or multi-unit dwelling is or will be situated. See also Section 20.350.035 (“Accessory Dwelling Units”). 3723259.8