HomeMy WebLinkAboutOrd. 1634-2022 (22-320)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Igo Ordinance: ORD 1634-2022
File Number: 22-320 Enactment Number: ORD 1634-2022
ORDINANCE AMENDING PROVISIONS OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE TO
MODIFY TITLE 15 (BUILDINGS AND
CONSTRUCTION) AND TITLE 20 (ZONING)
REGARDING LARGE FAMILY DAYCARE HOMES,
ACCESSORY DWELLING UNITS, AND DESIGN
REVIEW REQUIREMENTS PERTAINING TO
CERTAIN RESIDENTIAL DEVELOPMENTS UNDER
STATE LAW.
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adopted a comprehensive update to the City's Zoning Ordinance, which repealed the then -existing Title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provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions,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
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File Number: 22-320
Enactment Number: ORD 1634-2022
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
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, take public testimony, and adopted Resolution No. 2878-2022
making a recommendation to the City Council on the Zoning Amendment; and
WHEREAS, on April 27, 2022, 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 ordinance amendments, take public testimony, and adopt the recommendation of the Planning
Commission on the proposed revisions to the City's Municipal Code.
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 1. 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.
1. The foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
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File Number: 22-320 Enactment Number. ORD 1634-2022
2. 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 March 17, 2022 meeting; and all reports, minutes,
and public testimony submitted as part of the City Council's duly noticed April 27, 2022 meeting;
and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2).
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 the Chief Planner, Tony Rozzi.
B. California Environmental Quality Act (CEQA) Findings
1. No further environmental analysis is necessary for the proposed zoning text amendments as 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. 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
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Enactment Number. ORD 1634-2022
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
(CEQAGuidelines § 15061(b)(3)).
C. 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 2. AMENDMENTS TO THE ZONING CODE UNDER TITLE 20 OF THE
MUNICIPAL CODE
The following provisions of Title 20 the South San Francisco Municipal Code are amended as shown
here. Sections, subsections, subdivisions, texts and tables that are not amended by this ordinance are not
included in the following provisions, and shall remain in full force and effect.
A. Revisions to Section 20.350.019 "Family Day Care Large" under Title 20 Chapter 20.350
Section 20.350.019 (Family Day Care Homes)
Family Day Care Homes (including small and large facilities) shall be located, developed, and operated
in compliance with the applicable requirements of State law and shall comply with all applicable
requirements of the underlying residential zoning district where the day care home is located. Family
Day Care Homes shall also comply with all requirements of this Code applicable to single-family
residential homes in their respective zoning districts, including the requirements of the City's noise
ordinance limits.
B. Revisions to Section 20.350.035 "Accessory Dwelling Units" under Title 20 Chapter 20.350
Section 20.350.035 (Accessory Dwelling Units)
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C. Number of Units Allowed.
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.
c. One attached accessory dwelling unit, provided that there is no existing or proposed accessory
dwelling units on the same lot utilizing subsection (a) or (b) above.
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.
Exceptions. 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 four -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 four -foot rear and side yard setbacks.
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File Number: 22-320 Enactment Number: ORD 1634-2022
However, the foregoing accessory dwelling units under subsections 5(a) -(d) shall continue to comply
with applicable building, electrical, fire, utility and structural safety codes for the issuance of a City
building permit.
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,
unless specifically authorized under California Government Code Section 65852.26.
2. An accessory dwelling unit shall not be used for rentals of terms shorter than 31 consecutive
days.
I 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:
The accessory dwelling unit cannot be sold separately. However, this clause shall be omitted
from a deed restriction for an accessory dwelling unit that is specifically authorized under
California Government Code Section 65852.26.
2. The accessory dwelling unit cannot be used for rentals for terms shorter than 31 consecutive
days.
K. Junior Accessory Dwelling Units.
5. No Short -Term Rental. A junior accessory dwelling unit shall not be used for rentals of terms
shorter than 31 consecutive 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:
d. The junior accessory dwelling unit shall not be used for rentals for terms shorter than 31
consecutive days;
C. Revisions to Section 20.480.002 "Design Review - Applicability" under Title 20 Chapter 20.480
Section 20.480.002 (Design Review - Applicability)
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File Number: 22-320
Enactment Number: ORD 1634-2022
A. Design review is required for all projects that require a building permit, which involve
construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a
structure or parking area except for:
1. Construction, reconstruction, alterations, improvements, and landscaping that comply with the
requirements of a project developed in compliance with a previous design review approval;
2. Additions to one-, two-, and three -unit residential structures that do not break the existing roof
line of the structure and do not constitute a 50 percent or greater increase in floor area;
3. Signs exempted pursuant to Section 20.360.002 ("Applicability and Exemptions");
4. Changes in sign copy on existing signs, existing changeable copy signs or signs designed to
allow a change of copy, excluding painted signs or copy changes which increase the sign area of
coverage or which physically alter the sign structure;
5. Alterations and improvements required in whole or part to meet federal or State requirements to
accommodate persons with disabilities;
6. Accessory Dwelling Units as defined under Section 20.350.035 of this Code; and
7. Residential projects proposed and developed pursuant to California Government Code Sections
65852.21 or 66411.7, or both (collectively and commonly known as Senate Bill No. 9 (2021)).
8. Any other development projects or work specifically mandated as only subject to a ministerial or
non -discretionary review process by applicable state housing or land use laws, as confirmed by
the Chief Planner in consultation with the City Attorney's Office.
D. Revisions to Sections 2-.620.002 "Residential Use Classifications" and 20.620.003 "Public and
Semi -Public Use Classifications" under Title 20 Chanter 20.620
Section 20.620.002 "Residential Use Classifications"
Family Day Care Homes, Family Day Cares or Family Day Care Centers. A day-care facility
licensed by the State of California that is located in a single -unit residence or other dwelling unit where
an occupant of the residence provides care and supervision for children under the age of 18 for periods
of less than 24 hours a day.
Small. A facility that provides care for eight or fewer children, including children under the age of
10 who reside at the home.
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File Number: 22-320 Enactment Number: ORD 1634-2022
Large. A facility that provides care for seven to 14 children, including children under the age of 10
who reside at the home.
Section 20.620.003 "Public and Semi -Public Use Classifications"
Day Care Centers. Establishments providing non-medical care for persons on a less than
twenty -four-hour basis other than Family Day Care Homes. This classification includes nursery schools,
preschools, and day care facilities for children or adults, and any other day care facility licensed by the
State of California.
SECTION 3. AMENDMENTS TO TITLE 15 OF THE MUNICIPAL CODE
Section 15.24.030 "Operational permits" of Title 15 the South San Francisco Municipal Code is
amended as shown here. Sections, subsections, subdivisions, texts and tables that are not amended by
this ordinance are not included in the following provisions, and shall remain in full force and effect.
Section 15.24.030 Operational permits - Remove requirement below from Municipal Code:
SECTION 4. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 5. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a
summary of this Ordinance. 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
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File Number: 22-320 Enactment Number: ORD 1634-2022
At a meeting of the City Council on 5/11/2022, a motion was made by Councilmember Coleman, seconded
by Vice Mayor Nicolas, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Nagales, Vice Mayor Nicolas, Councilmember Coleman, Councilmember
Flores, and Councilmember Addiego
Attest by L 0 L WL
sa Govea Acosta, City Clerk
Mark Nagales, Mayor
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