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Ordinance repealing certain sections of Title 20 of the South San Francisco Municipal Code and adopt the Zoning Ordinance Update, including a new Title 20 and Zoning Map.
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WHEREAS, in 2019 the City Council of the City of South San Francisco initiated the comprehensive update to the General Plan, including preparation of the 2040 General Plan Update, preparation of the Climate Action Plan Update, preparation of the Zoning Ordinance Update and preparation of an Environmental Impact Report; and
WHEREAS, the City Council of the City of South San Francisco appointed a General Plan Community Advisory Committee (“GPCAC”) to advise the City Council regarding the 2040 General Plan Update and over a three-year period, the GPCAC held monthly public meetings including, hosting several community informative meetings; and
WHEREAS, the City held numerous community workshops, both in person and virtually, including sub-area meetings and pop-up meetings to discuss community issues, vision, guiding principles, to receive comments on the Draft 2040 General Plan Update policy framework, draft Elements, Draft Climate Action Plan Update and Draft Zoning Ordinance Update; and
WHEREAS, all draft documents, meeting minutes and meeting videos were made available to the public through the project website, as well as information gathering through online surveys; and
WHEREAS, the City has prepared a comprehensive update to the City’s Zoning Ordinance, as codified in Title 20 of the South San Francisco Municipal Code, which update includes (i) revisions to the majority of Chapters within Title 20 (attached hereto as Exhibit A) and replacing those Chapters in the existing Zoning Ordinance and (ii) an entirely new Zoning Map (attached hereto as Exhibit B) replacing the City’s existing Zoning Map (collectively, “Zoning Ordinance Update” or “ZOU”), and such Zoning Ordinance Update was prepared to ensure consistency with the 2040 General Plan Update and the Climate Action Plan Update; and
WHEREAS, the Planning Commission and City Council held several Study Sessions at key milestones to guide the preparation of the Zoning Ordinance Update; and
WHEREAS, the draft Zoning Ordinance Update was published for public review and comment on June 8, 2022 and public comments have been received and incorporated into the final Zoning Ordinance Update; and
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared to evaluate the 2040 General Plan Update, Climate Action Plan Update, and Zoning Ordinance Update and the DEIR was published on June 24, 2022 for public review and comment; and
WHEREAS, the San Mateo County Airport Land Use Commission reviewed the proposed legislative enactments associated with the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update on September 15, 2022 and found them consistent with the Airport Land Use Compatibility Plan; and
WHEREAS, on September 15, 2022 the City of South San Francisco Planning Commission conducted a properly noticed public hearing and, based on the record presented before it and pursuant to the California Environmental Quality Act ("CEQA"), recommended that the City Council: certify a Final Environmental Impact Report (“FEIR”) for the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update; make findings relating to significant impacts, mitigation measures and alternatives and adopt a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and adopt the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update; and
WHEREAS, the City Council conducted a duly notice public hearing on October 12, 2022 to consider adoption of the Zoning Ordinance Update, and take public testimony, at which time interested parties had the opportunity to be heard, to review the proposed updates and the FEIR, and to receive public comments; and
WHEREAS, the City Council reviewed all evidence presented both orally and in writing and considered in light of public comments and testimony the information in the EIR for adequacy, completeness and compliance with CEQA and State CEQA Guidelines.
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan Environmental Impact Report; the South San Francisco Municipal Code; the South San Francisco 2040 General Plan Update; the South San Francisco Zoning Ordinance Update; the South San Francisco Climate Action Plan Update; the Draft and Final EIR prepared for the 2040 General Plan Update, the Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the EIR and all appendices thereto; the Project applications; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed September 15, 2022 hearing; all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed October 12, 2022 hearing; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows:
SECTION 1. FINDINGS
A. General Findings
1. The foregoing recitals are true and correct and incorporated herein.
2. The Exhibits attached to this Ordinance, including the Zoning Text Amendment (Exhibit A), which includes the Zoning Text Amendment and the Zoning Map Amendment (Exhibit B), are each incorporated by reference and made a part of this Ordinance, as if set forth fully herein.
3. By separate resolution on October 12, 2022, pursuant to a duly noticed public hearing and based on its independent judgement and analysis, the City Council made and adopted CEQA Findings of Fact and Statement of Overriding Considerations, and certified EIR22-0005 for the 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update.
4. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Chief Planner.
B. Zoning Amendment Findings
1. The Zoning Ordinance Update is consistent with the 2040 General Plan because the land uses, rules and regulations proposed in the Zoning Ordinance Update are compatible with the goals, policies and land use designations established in the 2040 General Plan.
2. The Zoning Ordinance Update meets all of the requirements as contained in Planning and Zoning Law (Government Code sections 65800-65912).
3. The Zoning Ordinance Update has been prepared and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860).
SECTION 2. AMENDMENTS
Based on the foregoing findings and the entirety of the record before it, the South San Francisco City Council hereby takes the following actions:
(1) Repeal the existing Title 20 of the South San Francisco Municipal Code, except for the following Chapters which will remain in effect without amendment:
a. 20.030 “Rules of Construction for Language”, adopted by Ordinance No. 1432-2010
b. 20.140 “Planned Development (PD) District”, adopted by Ordinance No. 1432-2010
c. 20.170 “Special Environmental Studies (ES) Overlay District”, adopted by Ordinance No. 1432-2010
d. 20.370 “Antennas and Wireless Communications Facilities”, adopted by Ordinance Nos. 1585-2019, 1457-2012 and 1432-2010
e. 20.375 “Small Cell Wireless Communications Facilities”, adopted by Ordinance Nos. 1585-2019 and 1546-2017
f. 20.380 “Inclusionary Housing Regulations”, adopted by Ordinance No. 1565-2018
g. 20.390 “Bonus Residential Density”, adopted by Ordinance No. 1566-2018
h. 20.410 “Regulation on Cannabis Activities”, adopted by Ordinance Nos. 1554-2018, 1551-2018, 1548-2017 and 1442-2011.
i. 20.420 “Prohibition on New Significant Tobacco Retailers”, adopted by Ordinance Nos. 1588-2019 and 1455-2012
j. 20.450 “Common Procedures”, adopted by Ordinance No. 1432-2010
k. 20.460 “Environmental Review”, adopted by Ordinance No. 1432-2010
l. 20.500 “Variances”, adopted by Ordinance No. 1432-2010
m. 20.530 “Specific Plans and Plan Amendments”, adopted by Ordinance No. 1432-2010
n. 20.540 “Amendments to General Plan”, adopted by Ordinance Nos. 1469-2013 and 1432-2010
o. 20.550 “Amendments to Zoning Ordinance and Map”, adopted by Ordinance Nos. 1469-2013 and 1432-2010
p. 20.560 “Pre-zoning Procedure”, adopted by Ordinance No. 1432-2010
q. 20.570 “Appeals and Calls for Review”, adopted by Ordinance Nos. 1511-2016 and 1432-2010
r. 20.580 “Enforcement and Abatement Procedures”, adopted by Ordinance No. 1432-2010; and
(2) Adopt the South San Francisco Zoning Ordinance Update, including the City Council/Public Review Zoning Ordinance (ZA22-0003) and new Zoning Map (RZ22-0002), as contained in Exhibits A and B, attached hereto.
SECTION 3. SEVERABILITY
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 4. 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 12th day of October 2022.