Title
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.
body
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for the City of South San Francisco (“City”) adopted a comprehensive update to the City’s Zoning Ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and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
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 zoning ordinance amendments, take public testimony, and consider 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 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.
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 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 (CEQA Guidelines § 15061(b)(3)).
C. Zoning Amendment Findings.
1. 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. The changes are also consistent with recent state law mandates that would encourage the development of housing projects.
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, with additions in red double underline and deletions in strikethrough. 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 , Large)
Large 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. the following standards:
A. Location. Large family day care homes must be located at least 500 feet apart in all directions from any other large family day care home. In no case, however, shall there be more than one large family day care home per blockface. The Chief Planner may grant exceptions to these location requirements.
B. Hours of Operation. Large family day care homes shall operate only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. Additional hours may be allowed subject to the approval of a Minor Use Permit.
C. Residency. The operator of a large family day care home shall be a full-time resident of the dwelling unit in which the facility is located.
D. License. The operator shall secure and maintain a large family day care home license from the State of California Department of Social Services.
E. Screening. A periphery wall, constructed of wood or masonry, shall be provided for purposes of securing outdoor play areas and screening the site and shall achieve at least 75 percent opacity. Chain link metal fencing or barbed wire is prohibited.
F. Play Area. A minimum of 700 square feet of play area is required. An additional 75 square feet is required for each child in excess of 10, as shown by the maximum number of children which may be cared for at any time, pursuant to the license for such a facility. The play area shall not be located in any required front or side yard.
G. Passenger Loading and Drop-off. A minimum of one improved off-street drop-off and pick-up parking space shall be provided unless there is at least one on-street parking space located directly adjacent to the large family day care home property for such use.
H. Traffic. Increased traffic due to the operation of any large family day care home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time is acceptable.
B. Revisions to Section 20.350.035 “Accessory Dwelling Units” under Title 20, Chapter 20.350
Section 20.350.035 (Accessory Dwelling Units)
. . .
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.
. . .
5. 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. 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.
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 3031 consecutive 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. 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 3031 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 3031 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 3031 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)
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; and
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, Chapter 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.
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 Home Day Care 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, with additions in red double underline and deletions in strikethrough. 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.
. . .
California Fire Code Section 105.6 is hereby amended by adding Section 105.6.55 as follows:
105.6.55 Large Family Home Day Care. An operational permit is required to operate a Large Family Day Care as defined in Chapter 2.
. . .
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
* * * * *