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Report regarding proposed amendments to Title 20 of the South San Francisco Municipal Code to make minor revisions, corrections, and clarifications; modify and add development standards to implement Housing Element programs and policies; and update regulations pertaining to accessory dwelling units, and determination that the proposed Zoning and General Plan amendments are categorically exempt from the California Environmental Quality Act (CEQA). (Stephanie Skangos, Senior Planner)
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MOTION FOR THE COMMISSION TO ADOPT STAFF RECOMMENDATION:
(1) Move to adopt the Resolution recommending that the City Council adopt an Ordinance amending Title 20 of the South San Francisco Municipal Code.
RECOMMENDATION
Recommendation
Staff recommends that the Planning Commission conduct a public hearing and take the following action:
1. Adopt the attached Resolution determining that the proposed Zoning Ordinance amendments do not require additional environmental review and/or is exempt from the California Environmental Quality Act (CEQA), and recommending that the City Council make a adopt an Ordinance making minor revisions, corrections and clarifications; modifying and adding permitted uses and development standards to implement Housing Element programs and policies; and updating regulations pertaining to accessory dwelling units to Title 20 (“Zoning”) of the South San Francisco Municipal Code
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DISCUSSION
The current Zoning Ordinance was adopted in October of 2022 as part of the 2040 General Plan Update and the Climate Action Plan Update; this was the first comprehensive update to the City’s Zoning Ordinance since 2010. With the continued use and implementation of the new Zoning Ordinance over the past 18 months, staff has identified areas that require additional refinement, clarification, and/or correction. Additionally, the City adopted a new Housing Element in January 2023 that included several new goals, policies and programs to direct residential decision-making, some of which require the inclusion of new permitted uses and development standards to the Zoning Ordinance. However, the bulk of the proposed revisions are minor, intended to address typographical errors, correct section titles and cross-references, and ensure internal consistency within the Zoning Ordinance.
Overall, the proposed amendments are intended for the purposes of:
• Correcting typographical errors, section titles, and cross-references
• Clarifying intent and language to ensure consistency with existing policy and practice
• Modifying and adding new uses and standards to implement Housing Element programs
• Updating Accessory Dwelling Unit (ADU) requirements, as state law has changed since the Zoning Ordinance update
• Organization of Chapter 20.350 (“Standards and Requirements for Specific Uses and Activities”)
• Organization of Chapter 20.621 (“Definition of Terms”)
For ease of review, proposed amendments are organized by the above categories. Any changes proposed to the existing Zoning Ordinance are shown using a strikethrough and double underline format, where text that is struck out is removed and text that is double underlined is added.
Correcting Typographical Errors, Section Titles, and Cross-References
Staff reviewed the current Zoning Ordinance in its entirety and the bulk of the proposed amendments include revisions to address typographical errors, as well as incorrect titles and formatting for section references. This category also includes corrections needed to ensure internal consistency within the Zoning Ordinance. These are included throughout Exhibit A to the Resolution.
Clarifying Intent and Language to Ensure Consistency with Existing Policy and Practice
The following proposed revisions are intended to clarify the intent of several sections of the Zoning Ordinance, reduce the potential for confusion, provide internal consistency within the Ordinance and with other City policy documents, and/or to memorialize existing practice and interpretation.
1. Addition of language to Section 20.010.007 (“Effect on Previously Approved Projects and Projects in Progress”) to clarify valid length of Planning entitlements and types of permits included in the term “Planning Permit.”
• Section 20.010.007 - Effect on Previously Approved Projects and Projects in Progress:
“Any building or structure for which a Building Permit has been issued, or for which a Planning Permit has been issued, may be completed and used in accordance with the plans, specifications and permits on which said Building Permit or Planning Permit was granted, provided at least one Building inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. Any building or structure for which a Planning Permit has been issued may be completed and used in accordance with the plans, specifications and permits on which said Planning Permit was granted, provided that Planning pPermits shall expire if no Building Permit is granted within three years two years, with an option to request a time extension not exceeding one year beyond the initial two-year period unless otherwise governed by an adopted Development Agreement by the City Council. As used in this Section, “Planning Permit” shall include any Precise Plan, Use Permit, Variance, Design Review, Site Clearance, or other approval or entitlement for development and/or use of property as required by the City. No extensions of time except as provided for in the California Building Code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Planning Division.”
2. Revision and addition of language in Section 20.070.003 (“Development Standards”) for reduced side and rear yard setbacks to be consistent with the language for Downtown Residential Zoning Districts (Chapter 20.080).
• Section 20.070.003 - Development Standards:
H. Extending a Substandard Setback. Reduced Side Setbacks
1. When the existing side yard setback is less than five feet, setbacks may be extended on the ground level only and by no more than 50 percent of the existing wall length. In all instances, side yard setbacks shall be no closer than three feet to the side property line.
2. Side Yard Setback for Substandard Lots. The side yard on any lot with an average width of 50 feet or less shall be a minimum of 10 percent of the lot width, but in no case less than three feet.
1. RL Zoning Districts. When an existing rear yard setback is less than 20 feet, additions to such structures may conform to the existing setback provided that the addition is located no closer than 15 feet to the rear property line.
2. RM Zoning District.
a. Existing substandard side and rear yard setbacks may be extended on the ground level only and by no more than 50 percent of the existing wall length.
b. In no cases shall a side yard setback be less than three feet and rear yard setbacks be less than 16 feet.
Figure 20.070.003.H: Extending Substandard Setbacks in the RM Zoning District
I. Reduced Rear Setbacks. When the existing rear yard setback is less than 20 feet, setbacks may be extended on the ground level only and by no more than 50 percent of the existing wall length. In all instances, rear yard setbacks shall be no closer than 16 feet to the rear property line.
3. Addition to Section 20.080.004 (“Supplemental Standards”) to include the same paving in street-facing yard requirements in Downtown Residential Zoning Districts as are currently included for Residential Zoning Districts.
• Section 20.080.004 - Supplemental Standards:
A. Site and Building Design Standards. All development is subject to the standards of Chapter 20.310 (“Site and Building Design Standards”) as appropriate.
B. Maximum Paving in Street-Facing Yards. No more than 50 percent of the entire front yard or the required street side yard may be covered with a paved impervious or pervious surface.
4. Update of the description before the use regulation table in Chapter 20.135 (“Form-Based Districts”) to be consistent with the descriptions for all other use regulation tables in the Zoning Ordinance, as well as the addition of a footnote to the table to clarify that single-unit dwellings are permitted if existing so that property owners are allowed to make alterations if needed.
• Section 20.135.060.B - Allowed Uses:
1. Allowed Uses. Table 17.135.060 20.135.060.B.1: Uses in the Transect Zoning Districts identifies the allowed land uses and corresponding permit and entitlement requirements in the transect zoning districts. In cases where a specific land use or activity is not defined, the Chief Planner shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications that are not included in this table or not found to be substantially similar to the uses below are otherwise prohibited.
. . .
Notes:
1. Permitted if existing. New units not allowed.
Modifying and Adding New Uses and Standards to Implement Housing Element Programs
The following amendments are intended to aid in the implementation of the City’s new Housing Element, which was approved by the City in January 2023 and certified by the California Department of Housing and Community Development (HCD) in November 2023.
1. Addition of no net loss requirement to minimum density requirements in all development standards tables for zoning districts that permit single- and multiple-unit residential uses as a foot-note to comply with CA Government Code Section 65915, subdivision (c)(3).
• Tables 20.070.003, 20.080.003, 20.090.003, and 20.135.020(D) through (I) (see Exhibit A to Resolution)
2. Addition of “Permanent Supportive Housing” as a residential use in all use regulation tables allowing multifamily uses to comply with CA Government Code Section 65582 and 65651. Also added as a residential sub-classification under “Supportive Housing.”
• Tables 20.070.002, 20.080.002, 20.090.002, and 20.135.060 (see Exhibit A to Resolution)
• Section 20.620.020 - Residential Use Classifications.
Supportive Housing.
Domestic Violence Shelter. A facility where victims of domestic violence or sexual abuse are provided temporary housing, food, and other specialized services in compliance with California Welfare and Institutions Code Section 18290 et seq.
Low Barrier Navigation Center. A housing-first, low- barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, in compliance with California Government Code Section 65660 - 65668.
Permanent Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, and consistent with California Government Code Section 65650 - 65656.
3. Addition of “Low Barrier Navigation Center” as a residential use in all mixed-use and non-residential use regulation tables allowing multifamily uses to comply with CA Government Code Section 65660 and 65662. Also added as a residential sub-classification under “Supportive Housing.”
• Tables 20.090.002 and 20.135.060. (See Exhibit A to Resolution.)
• Section 20.620.020 - Residential Use Classifications. (See number 2 above.)
4. Removal of Design Review Criteria that no longer apply because as part of the 2022 General Plan and Zoning Ordinance update, the City adopted objective standards for single-family and multi-family residential development to ensure residential projects are reviewed under objective design standards only.
• Section 20.480.006 - Design Review Criteria:
A. Criteria. When conducting design review, the Design Review Board, Chief Planner, Planning Commission, or City Council shall evaluate applications to ensure that they satisfy the following criteria all zoning standards, including Citywide Site and Building Design Standards (Chapter 20.310), conform to the policies of the General Plan and any applicable specific plan, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. In contrast to guidelines, which are intentionally generalized to encourage individual creativity, to obtain design review approval, projects must satisfy these criteria to the extent they apply.
1. The site subject to design review shall be graded and developed with due regard for the natural terrain, aesthetic quality, and landscaping so as not to impair the environmental quality, value, or stability of the site or the environmental quality or value of improved or unimproved property in the area.
2. A building, structure, or sign shall:
a. Reasonably relate to its site and property in the immediate and adjacent areas;
b. Not be of such poor quality of design as to adversely affect the environmental quality or desirability of the immediate areas or neighboring areas; and
c. Not unreasonably interfere with the occupancy, environmental quality, or the stability and value of improved or unimproved real property or have an unreasonable detrimental effect on the health, safety, and general welfare of the community.
3. New additions to existing residential dwellings shall be architecturally compatible with the primary residential unit, with respect to style, massing, roof pitch, color and materials.
4. A site shall be developed to achieve a harmonious relationship with the area in which it is located and adjacent areas, allowing a reasonable similarity of style or originality, which does not impair the environmental quality or value of improved or unimproved property or prevent appropriate development and use of such areas or produce degeneration of properties in such areas with attendant deterioration of conditions affecting the health, safety, and general welfare of the City.
5. Parking areas shall be designed and developed to buffer surrounding land uses; compliment pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.
6. Open space, pedestrian walks, signs, illumination, and landscaping (including irrigation) shall be designed and developed to enhance the environmental quality of the site, achieve a safe, efficient, and harmonious development, and accomplish the objectives set forth in the precise plan of design and design criteria.
7. Electrical and mechanical equipment or works and fixtures and trash storage areas shall be designed and constructed so as not to detract from the environmental quality of the site. Electrical and mechanical equipment or works and fixtures and trash storage areas shall be concealed by an appropriate architectural structure which uses colors and materials harmonious with the principal structure, unless a reasonable alternative is identified.
8. Components considered in design review shall include, but not be limited to, exterior design, materials, textures, colors, means of illumination, landscaping, irrigation, height, shadow patterns, parking, access, security, safety, and other usual on-site development elements.”
5. Addition of “AB 2011 Development” and “SB 6 Development” as multifamily uses allowed by-right in the use regulation table for districts where office, retail, or parking are a principally permitted use. Also added as a residential sub-classification under “Dwelling, Multiple-Unit.”
• Tables 20.090.002, 20.100.002, 20.110.002, and 20.135.060 (see Exhibit A to Resolution)
• Section 20.620.020 Residential Uses:
Dwelling, Multiple-Unit. This use classification refers to two or more dwelling units on a single lot. Multiple-unit residential types include duplexes and multifamily development, such as townhouses, single-unit groups, senior citizen residential developments, apartment buildings, and transitional residential development.
Duplex. A single building on a lot that contains two primary dwelling units or two single-unit dwellings on a single lot. This use is distinguished from an accessory dwelling unit, which is considered a secondary residential unit, or incidental to a primary dwelling unit as defined by State law and this chapter.
Multifamily. Three or more dwelling units on a single lot. Types of multiple-unit multifamily dwellings include townhouses, triplexes, fourplexes, cottage courts, senior housing developments, micro-units, and apartment buildings.
Senior Citizen Residential. A multifamily development in which individual units are occupied exclusively by one or more persons 60 years of age or older.
AB 2011 Development. A multifamily development that is subject to a streamlined, ministerial approval process if the development satisfies specified objective standards and affordability and site criteria, in compliance with California Government Code Section 65912.100 et seq.
SB 6 Development. A multifamily development in compliance with California Government Code Section 65852.24.
Updating ADU Requirements
The State continues to adopt new legislation on accessory dwelling units (ADUs) annually that local jurisdictions are required to incorporate into their ADU Ordinances. The ADU legislation adopted in 2023 contained relatively minor State-mandated provisions regarding height limits for attached and detached ADUs. The proposed amendments to the City’s ADU Ordinance include the latest mandated height requirements. Additionally, amendments are proposed that further clarify existing development standards for ADUs, including adding references to the citywide objective design standards. All proposed amendments can be found in Exhibit A to the Resolution under Section 20.350.003 (“Accessory Dwelling Units”).
Organization of Chapter 20.350 (“Standards and Requirements for Specific Uses and Activities”)
Amendments to the above chapter include revising section numbers for each specific use and/or activity after the proposed renaming of Section 20.350.039 (“Taxis and Limousine Services”) to “Fleet-Based Services.” The proposed rename is to memorialize existing practice and interpretation, as the development standards outlined for taxi and limousine services have historically also been applied to all fleet-based service types, not just taxi and limousine services. The renamed section has been relocated in the chapter to be organized alphabetically, causing renumbering of all subsequent sections in the chapter. All changes can be found in Exhibit A to the Resolution under Chapter 20.350 (“Standards and Requirements for Specific Uses and Activities”).
Organization of Chapter 20.621 (“Definition of Terms”)
Amendments to the above chapter include revising the layout of terms defined to be consistent with existing naming conventions, as well as to clarify the categories of some terms. All changes can be found in Exhibit A to the Resolution under Chapter 20.621 (“Definition of Terms”).
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (“CEQA”), an Environmental Impact Report (“2040 General Plan EIR”) was adopted by the City Council in October 2022 for the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update, which analyzed the environmental impacts of adopting the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update and concluded that such adoption 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 proposed changes and clarifications to the Zoning Ordinance, for which the Commission is being asked to provide a recommendation to the City Council, are minor in nature.
The adoption of the minor changes, clarifications, and corrections would not result in any new significant environmental effects nor a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 2040 General Plan EIR prepared and circulated for the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update, 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 66314 et seq.
Furthermore, staff has also evaluated that the proposed changes and clarifications are not subject to the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed changes and clarifications may have a significant effect on the environment. Therefore, no further environmental review is required at this time.
CONCLUSION
Staff recommends that the Planning Commission conduct a public hearing and adopt the attached Resolution determining that the proposed Zoning Ordinance update does not require further environmental review and/or is exempt from CEQA, and recommending that the City Council adopt an Ordinance making minor revisions, corrections and clarifications; modifying and adding permitted uses and development standards to implement Housing Element programs and policies; and updating regulations pertaining to accessory dwelling units to Title 20 (“Zoning”) of the South San Francisco Municipal Code.
Exhibits to Associated Resolution (23-959)
A. Draft Ordinance Implementing Zoning Text Amendments