Title
Ordinance relocating the existing Childcare Fee chapter from Title 20 Zoning to Title 8 Health and Welfare, where other impact fee regulations are contained.
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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 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 and replacing those Chapters in the existing Zoning Ordinance and (ii) an entirely new Zoning Map 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 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update; and
WHEREAS, on September 15, 2022 the Planning Commission conducted a properly noticed public hearing and recommended that the City Council 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 2040 General Plan Update, Climate Action Plan Update and Zoning Ordinance Update, and take public testimony; and
WHEREAS, the existing Zoning Ordinance includes Chapter 20.310 Childcare Fee, which was originally adopted in 2010 and which was most recently updated in 2020; and
WHEREAS, the City of South San Francisco has adopted other appropriate development impact fees, which have all been located in South San Francisco Municipal Code (“SSFMC”) Title 8 “Health and Welfare”; and
WHEREAS, independent of the Zoning Ordinance Update and to maintain internal consistency, staff is proposing to relocate the existing Childcare Fee chapter from Title 20 to Title 8; and
WHEREAS, the proposed Ordinance does not modify the text of the Child Care Fee chapter, nor does it establish any new fee or modify any existing fee or fee structure, and is merely a clerical edit to organize all development impact fee regulations in one part of the Municipal Code for consistency and ease of reference; and
WHEREAS, the action taken by this Ordinance has no potential for physical effects on the environment because it involves only the relocation of an existing impact fee from one Municipal Code Title to another, with no fee increases or other modifications to the fee structure, does not commit the City to any specific project, and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in compliance with the California Environmental Quality Act (“CEQA”) when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines, Section 15004(b)(1)). Therefore, adoption of this Ordinance to relocate existing impact fees and/or charges to a different part of the Municipal Code is not a “project” for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and even if considered a “project” under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that relocation of the existing impact fees and/or charges may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco:
SECTION 1. FINDINGS
1. The City Council of South San Francisco finds that all foregoing Recitals are true and correct and are incorporated herein by this reference.
2. The City Council of South San Francisco finds that adoption of this Ordinance is not a “project” for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and even if considered a “project” under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that relocation of the existing impact fees and/or charges from one part of the Municipal Code to another without any changes to fee amount, fee structure or text may have a significant effect on the environment.
SECTION 2. AMENDMENTS
The City Council hereby adds Chapter 8.77 (“Childcare Fee”) to Title 8 of the South San Francisco Municipal Code to read as follows. This Childcare Fee chapter is an existing part of the Municipal Code previously housed under Title 20 of the Municipal Code, and is now being moved to Title 8 by this addition. Titles, chapters, sections and subsections that are not impacted by this Ordinance are not included below and shall remain in full force and effect.
Chapter 8.77 Childcare Fee
8.77.010 Purpose
8.77.020 Childcare fee established
8.77.030 Use of fee revenues
8.77.040 Appeal
8.77.010 Purpose
The purpose of this chapter is to impose a fee on new development based on the projected need for new or expanded childcare facilities in amounts necessary to fund the new spaces to mitigate the increased demand for childcare generated by such development.
8.77.020 Childcare fee established
A. A childcare fee is established to pay for new childcare spaces in the City, including spaces created by constructing new facilities, expanding existing facilities, or occupying leased commercial space, whether the facilities are operated by a private entity or governmental organization.
B. The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fee, describe the need for the fee, list the types of childcare facilities to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee.
8.77.030 Use of fee revenues
Childcare fee revenue shall be used only for the purposes outlined in this chapter and by resolution, consistent with the purposes of the Fee.
8.77.040 Appeals
A developer may appeal the amount of the childcare fee due in writing to the City Manager with supporting documentation. The City Manager shall consider the appeal and shall make a decision on the appeal. The decision of the City Manager shall be final.
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.