Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 1 Chapter 20.440 Planning Agency
Purpose
The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various divisions and chapters of the Zoning Ordinance.
Subsequent chapters of Division VI provide detailed information regarding various procedures, applications, and permits, including zoning and General Plan text and map amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.
City Council
The powers and duties of the City Council under this Title include:
To consider and adopt, reject or modify amendments to the General Plan map and text pursuant to the provisions of Chapter 20.540 (“Amendments to General Plan”), and of the State Government Code.
To consider and adopt amendments to the Zoning Map and to the text of this Title pursuant to the provisions of Chapter 20.550 (“Amendments to Zoning Ordinance and Map”) and the State Government Code.
To consider and adopt Specific Plans and amendments to Specific Plans pursuant to the provisions of Chapter 20.530 (“Specific Plans and Plan Amendments”) and the State Government Code.
To hear and decide appeals from decisions of the Planning Commission on use permits, variances, and any other permits that can be appealed pursuant to the provisions of Chapter 20.570 (“Appeals and Calls for Review”) and other applicable requirements.
To hear and decide appeals on environmental determinations by the Chief Planner or the Planning Commission pursuant to Chapter 20.460 (“Environmental Review”), and as provided for in the California Environmental Quality Act (CEQA).
To appoint and remove members of the Planning Commission as provided for in Title 2 (“Administration”) of the South San Francisco Municipal Code.
To establish, by resolution, a Master Fee Schedule listing fees, charges, and deposits for various applications and services provided pursuant to this Ordinance Division VI: Administration and Procedures
Division VI, Page 2 | South San Francisco Zoning Code | Public Review Draft Planning Commission
The Planning Commission is established and organized pursuant to Chapter 2.56 (“Planning Commission”) of the South San Francisco Municipal Code and the requirements of the California Government Code. The powers and duties of the Planning Commission under this Ordinance include:
Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the General Plan map and text pursuant to the provisions of Chapter 20.540 (“Amendments to General Plan”).
Annually review progress towards implementation of the General Plan and recommend to the City Council changes needed due to new legislation, development trends and changing economic, social and environmental conditions.
Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the Zoning Map and to the text of this Ordinance pursuant to the provisions of Chapter 20.550 (“Amendments to Zoning Ordinance and Map”).
Initiate, conduct hearings, and make recommendations to the City Council on proposed Specific Plans and plan amendments pursuant to the provisions of Chapter
20.530 (“Specific Plans and Plan Amendments”).
Approve, conditionally approve, modify or deny Conditional Use Permits, Precise Plans and variances pursuant to the provisions of Chapter 20.490 (“Use Permits”), and Chapter 20.500 (“Variances”).
Hear and decide on modifications to approved Conditional Use Permits and variances pursuant to the provisions of Section 20.450.012 (“Modification”).
Approve, approve with modifications, or deny requests for modifications of the parking standards in Chapter 20.330 (“On-Site Parking and Loading”) within designated parking districts.
Conduct hearings and make recommendations to the City Council on applications for preliminary development plans pursuant to the provisions of Chapter 20.140 (“Planned Development District”).
Hear and decide appeals on decisions, determinations, or interpretations made by the Chief Planner in the enforcement of this Ordinance and any other decisions that are subject to appeal pursuant to the procedures in Chapter 20.570 (“Appeals and Calls for Review”).
Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the City’s adopted environmental review guidelines pursuant to the State law and the procedures in Chapter 20.460 (“Environmental Review”).
Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 3 Adopt by resolution guidelines and standards for conducting design review pursuant to Chapter 20.480 (“Design Review”).
Initiate proceedings to revoke Use Permits pursuant to the provisions of Chapter
20.580 (“Enforcement and Abatement Procedures”).
Designate historic resources pursuant to Chapter 2.56 (“Planning Commission”).
Conduct design review of applications for the demolition, relocation, alterations, and/or modifications to a designated historic resource in accordance with the provisions of Chapter 20.480 (“Design Review”) and the design review guidelines.
Review applications for, and issue Certificates of Alteration authorizing alteration, demolition or construction affecting designated historic resources.
Design Review Board
The Design Review Board is established and organized to conduct design review of proposed development pursuant to the requirements of Chapter 20.480 (“Design Review”). It is organized and has the powers and responsibilities as follows:
Membership and Terms of Office. The Design Review Board shall consist of five members appointed by the Planning Commission. Each member shall be appointed for a term of four years and until a successor is appointed and qualified. Terms shall be staggered and shall expire in even-numbered years. Following the Effective Date, the next two Design Review Board appointments shall be made for less than a full four-year term to assure that the Design Review Board has staggered terms.
Officers. At least two members shall be architects licensed by the State. At least two members shall be either a landscape architect, designer, contractor, horticulturist, or person with equivalent landscaping expertise or background. No more than one member may be a building or engineering contractor. At least one of the members shall also be a resident and elector of the City.
Powers and Duties. The Design Review Board shall review design review applications, related drawings, and other matters related thereto and make recommendations to the Planning Commission and Chief Planner in accordance with the provisions of Chapter 20.480 (“Design Review”) and the design review guidelines.
Compensation. The Design Review Board members shall be compensated according to the schedule adopted by the City Council.
Chief Planner
The powers and duties of the Chief Planner under this Ordinance include the following. In the absence of the Chief Planner, the Director of Economic and Community Development Division VI: Administration and Procedures
Division VI, Page 4 | South San Francisco Zoning Code | Public Review Draft may assume the Chief Planner’s responsibilities and authority and/or delegate the same to a City Planner.
Maintain and administer the Zoning Ordinance including processing of applications, abatements and other enforcement actions.
Prepare and effect rules and procedures necessary or convenient for the conduct of the Chief Planner’s business. The rules and procedures must be as approved by a resolution of the City Council with the prior review and recommendation of the Planning Commission. The rules and procedures may include the administrative details of hearings officiated by the Chief Planner including their schedules, rules of procedure, and recordkeeping.
Approve, conditionally approve, modify or deny Minor Use Permits pursuant to the provisions of Chapter 20.490 (“Use Permits”).
Hear and decide applications for modifications to conditions of approved Minor Use Permits and minor modifications to other approved permits pursuant to the provisions of Chapter 20.510 (“Waivers and Modifications).
Conduct design review for additions to one-, two- and three-unit residential structures and sign permits less than 300 square feet in total sign area.
Issue administrative regulations for the submission and review of applications subject to the requirements of this Ordinance.
Review applications for permits and licenses for conformance with this Ordinance and issue a Site Clearance when the proposed use or building is allowed as a matter of right and conforms to all applicable development and use standards.
Review applications for discretionary permits and approvals under this Ordinance for conformance with applicable submission requirements.
Review applications for discretionary permits and approvals that have been deemed complete in conformance with the requirements of this Ordinance and determine whether the application is exempt from review under CEQA and the City’s environmental review requirements.
Review applications that are subject to review under CEQA and the City’s environmental review requirements and notify the applicant if any additional information is necessary to conduct review in compliance with applicable requirements.
Grant time extensions of Use Permits for no more than one year provided that the circumstances of the application are found to be unchanged.
Issue interpretations of the requirements of this Ordinance subject to appeal to the Planning Commission.
Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 5 Determine whether design review is required for additions, repairs, and other improvements based on the criteria of Chapter 20.480 (“Design Review”).
Appoint a member of the Planning Division staff to serve as Zoning Administrator with responsibilities detailed in Section 20.440.009 (“Zoning Administrator”).
Other duties and powers as may be assigned by the City Council or established by legislation.
Zoning Administrator
The Chief Planner may appoint a Zoning Administrator to carry out any of the powers and duties assigned to the Chief Planner including, the following:
Review applications for permits and licenses for conformance with this Ordinance and issues a Site Clearance when the proposed use or building is allowed as a matter of right and conforms to all applicable development and use standards.
Approve, conditionally approve, modify or deny Minor Use Permits pursuant to the provisions of Chapter 20.490 (“Use Permits”).
Approve, conditionally approve, modify or deny temporary Use Permits pursuant to the provisions of Chapter 20.520 (“Temporary Use Permits”).
Other duties and powers as may be assigned by the Chief Planner.
Chief Building Official
This section designates the Chief Building Official as the official responsible for enforcing zoning regulations pertaining to the construction and alteration of buildings and structures.
Concurrent Processing
Unless provided in any other provision of this Ordinance, whenever an application filed pursuant to this section, seeks multiple entitlements, if any of the entitlements require review and action by different decision makers, all of the associated entitlements shall be reviewed and acted upon by the highest approval body with authority over any of the entitlements. When an application seeking multiple entitlements is transferred to a higher approval body for determination, the lower approval body shall serve as an advisory body on those entitlements that it would typically review and act upon.
Division VI: Administration and Procedures
Division VI, Page 6 | South San Francisco Zoning Code | Public Review Draft Summary of Review Authorities for Decisions and Appeals Table 20.440.009 lists the approvals and permits addressed in this chapter and the Review Authority responsible for making a recommendation, final decision, or in the event of an appeal, the final appeal body.
Table 20.440.009 Review Authority
Application or Action
Type
Found in
Chapter Advisory Body Decision Maker Appeal Body
Type One: Ministerial Actions
Site Clearance 20.470 N/A Chief Planner Planning Commission Sign Permit 20.360 N/A Chief Planner Planning Commission Interpretations 20.030 N/A Chief Planner Planning Commission Minor Changes to an
Approved Permit 20.440 N/A Chief Planner Planning Commission Type Two: Discretionary Quasi-Judicial Actions
Waiver from Dimensional
Standards 20.510 N/A Chief Planner Planning Commission
Permit Modifications 20.440 Chief Planner Chief Planner or Planning Commission
Planning Commission
or City Council
Parking District Parking
Exceptions 20.330 N/A Planning Commission City Council
Short-term Rental Permit 20.350 N/A Chief Planner Planning Commission Temporary Use Permits 20.520 N/A Chief Planner Planning Commission Design Review 20.480 Design Review
Board
Chief Planner or Planning
Commission
Planning Commission
or City Council
Minor Use Permits 20.490 N/A Chief Planner Planning Commission Conditional Use Permits 20.490 Chief Planner Planning Commission City Council Variances 20.500 Chief Planner Planning Commission City Council Certificates of Alteration 2.56 N/A Planning Commission City Council Master Sign Program 20.360
Advisory Body of
Associated Project
Permit
Review Authority of
Associated Project Permit
Appeal Body of
Associated Project
Permit
Precise Plans
20.210
20.220
20.230
Chief Planner Planning Commission City Council
Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 7 Table 20.440.009 Review Authority
Application or Action
Type
Found in
Chapter Advisory Body Decision Maker Appeal Body
Transportation Demand
Management Plan 20.400
Advisory Body of
Associated Project
Permit
Review Authority of
Associated Project Permit
Appeal Body of
Associated Project
Permit
Type Three: Discretionary Legislative Actions
Specific Plans and Plan
Amendments 20.530 Planning Commission City Council Superior Court General Plan Text and
Map Amendments 20.540 Planning Commission City Council Superior Court Zoning Ordinance and
Map Amendments 20.550 Planning Commission City Council Superior Court Prezoning 20.560 Planning
Commission City Council Superior Court
1. For the review authority for applications seeking multiple entitlements from different decision makers, see Section 20.440.008, Concurrent Processing.
Chapter 20.450 Common Procedures
No changes are recommended to this chapter.
Chapter 20.460 Environmental Review
No changes are recommended to this chapter.
Chapter 20.470 Site Clearance
No changes are recommended to this chapter.
Division VI: Administration and Procedures
Division VI, Page 8 | South San Francisco Zoning Code | Public Review Draft Chapter 20.480 Design Review
Purpose
This chapter establishes the procedure for design review. The purpose of these provisions is to provide a review procedure to ensure that development is designed to support General Plan policies to preserve the scale and character of established neighborhoods and improve the community orientation of new development. Design review is intended to promote highquality design, well-crafted and maintained buildings and landscaping, the use of highquality building materials, and attention to the design and execution of building details and amenities in both public and private projects.
Applicability
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. Ground floor additions to residential structures that constitute an increase in floor area of less than 50 percent;
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 Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 9 housing or land use laws, as confirmed by the Chief Planner in consultation with the City Attorney’s Office.
Design review for new residential dwellings on individual lots which are not in planned developments, and second units, shall be limited to compliance with development standards of the applicable base zone and and with the objective standards in Chapter 20.310 (“Site and Building Design Standards”)..
Assignment of Design Review Responsibilities
Chief Planner.
1. The Chief Planner may approve, conditionally approve, or deny sign programs with less than 300 square feet of total sign area and additions to one-, twoand three-unit residential structures not elsewhere exempted from the procedures of this chapter, without the Design Review Board’s review and recommendations.
2. For items subject to review by the Design Review Board but not requiring Planning Commission approval, the Chief Planner shall consider the recommendations of the Design Review Board and shall approve, conditionally approve or deny the design review application. If the Chief Planner fails to approve, conditionally approve, or deny the application as submitted by the applicant within 90 days following the date the final recommendation is received from the Design Review Board, the application, as submitted, shall be deemed approved, unless the Planning Commission grants the Chief Planner a reasonable extension of time.
3. The Chief Planner may refer any project to the Design Review Board (See Subsection 20.480.030.C) for review at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.
Design Review Board. The Design Review Board shall conduct design review of all other projects and signs subject to design review and provide recommendations to the Planning Commission or Chief Planner as detailed in subsection C.
Planning Commission. The Planning Commission shall have design review authority for all projects requiring Planning Commission approval (such as Use Permits and variances) and all new commercial, downtown, employment, mixed-use, office and multi-family developments. The Planning Commission shall consider the Design Review Board’s recommendations and shall approve, conditionally approve or deny the design review application. The Planning Commission shall also conduct design review of all applications involving alteration, and/or modification to a designated historic resource and may approve, conditionally approve, or deny the design review Division VI: Administration and Procedures
Division VI, Page 10 | South San Francisco Zoning Code | Public Review Draft application with the Design Review Board’s review and recommendations. When a project proposes new construction following demolition or removal of a designated historic resource, the Design Review Board shall conduct design review but no approval shall be granted under this title without approval of a Certificate of Alteration pursuant to Section 2.56.130 (“Certificate of Alteration”) of the South San Francisco Municipal Code.
Procedures
Forms and Fees. Written applications for design review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 20.450 (“Common Procedures”).
Concurrent Processing. When a development project requires a Use Permit, variance, or any other discretionary zoning approval in addition to design review approval, the design review application shall be submitted to the Planning Division as a part of the application for the underlying permit, Use Permit, or variance.
Staff Action. The Planning Division shall check each application submitted for design review for completeness and shall set the request for the review and consideration of the Design Review Board.
Public Notice. When a development project or sign does not require any Use Permit, variance, or other discretionary approval other than design review, notice of the proposed action shall be posted in the Planning Division at least 10 days prior to the date of action. The notice shall include a general description of the subject of the application, the location of the property, the date of the decision, the procedure for submitting comments, and the procedure for appealing the decision.
Alterations to Drawings. If alterations to the approved drawings are desired by the applicant, said drawings shall be re-submitted and processed according to the procedures established herein for approval of the original drawings.
Scope of Design Review
Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project including:
Building proportions, massing, and architectural details; Site design, orientation location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 11 Size, location, design, development, and arrangement of on-site parking and other paved areas;
Exterior colors and materials as they relate to each other, to the overall appearance of the project, and to surrounding development;
Height, materials, colors, and variety of fences, walls, and screen plantings; Location and type of landscaping including selection and size of plant materials, design of hardscape, and irrigation; and
Size, location, design, color, lighting, and materials of all signs.
Design Review Criteria
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, 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.
Division VI: Administration and Procedures
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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.
Required Findings
The Chief Planner, Planning Commission, or City Council may only approve a design review application if it finds that the application is consistent with the purposes of this chapter and with the following:
1. The applicable standards and requirements of this Ordinance;
2. The General Plan and any applicable specific plans the City Council has adopted;
3. Any applicable design guidelines adopted by the City Council; Division VI: Administration and Permits
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4. Any approved tentative map, Use Permit, variance, or other planning or zoning approval that the project required; and
5. The applicable design review criteria in Section 20.480.006 (“Design Review Criteria”) above.
On lots with an average slope of 30 percent or greater, grading may be approved by the Review Authority only if the following findings can be made:
1. The proposed grading is part of or necessary for a project that is consistent with the General Plan and any applicable specific plan.
2. The proposed grading and associated project substantially meet the purposes of Section 20.310.002, General Site and Building Design, subsesctions A, B and C.
3. The size, shape, or topography of the site are such that creating slopes over 30 percent is necessary to enable a design that minimizes disturbance to the terrain and natural land features.
4. The proposed grading and associated project will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or the public welfare in general.
Conditions of Approval
In granting design review approval, the Chief Planner, Planning Commission, or City Council may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this chapter and ensure compliance with the applicable criteria and standards established by this Ordinance.
Notice to the Planning Commission
The Chief Planner shall provide notice of any action by the Chief Planner to approve, modify, or deny an application for design review to the Planning Commission within the applicable appeal period.
Appeals; Expiration, Extensions, and Modifications
Appeals and Calls for Review. A decision by the Chief Planner shall be subject to review by the Planning Commission either on appeal by the applicant or upon motion of the Planning Commission. If the Planning Commission fails to make an order to review the Chief Planner’s determination at its next regular meeting after the determination, then the Chief Planner’s determination shall be final. A decision of the Chief Planner may be appealed to the Planning Commission and a decision of the Division VI: Administration and Procedures
Division VI, Page 14 | South San Francisco Zoning Code | Public Review Draft Planning Commission may be appealed to the City Council as provided in Chapter
20.570 (“Appeals and Calls for Review”).
Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Chapter 20.450 (“Common Procedures”).
Enforcement
No building permit shall be issued for any activity subject to the provisions of this chapter except in accordance with the terms and conditions of the design review approval. No Certificate of Occupancy shall be granted by the Building Division or approved by the Chief Planner unless a design review approval, if required, has been secured and the building or structure complies with the building permit plans approved following design review unless amendments or changes have been approved pursuant to the requirements of Section
20.450.012 (“Modification”).
Failure to comply with a design review approval condition is a violation of this chapter subject to enforcement, penalties, and legal procedure as prescribed by Chapter
20.580 (“Enforcement and Abatement Procedures”).
Any design review approval granted in accordance with the terms of this chapter may be revoked or modified for cause as provided by Section 20.580.006 (“Revocation of Permits”).
Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 15 Chapter 20.490 Use Permits
Purpose
This chapter describes the process and general requirements applicable to those uses for which this Ordinance requires a Use Permit (Conditional or Minor) or a Temporary Use Permit.
The Use Permit process is intended to apply to uses that are generally consistent with the purposes of the district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The process for review of all Use Permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions or requirements. Approval of a Use Permit requires careful review of the location, design, configuration, and special impacts of a proposed use with respect to applicable policies, standards, and criteria to determine the desirability of permitting its establishment on a particular site.
The Temporary Use Permit review process allows for the establishment of certain uses for a limited duration of time and that do not permanently alter the character or physical facilities of the property where they occur.
Applicability
Use Permit and Temporary Use Permit approval is required for the following:
Conditional Use Permit. A Conditional Use Permit is required for;
1. Any use with hours of operation between 12:00 midnight and 6:00 a.m., except for properties within the BPT-M, BPT-H, MIM or MIH zoning districts that do not directly abut another zone district;
2. Any commercial use with live entertainment; or
3. Uses or developments specifically identified in Division II (“Conventional District Regulations”) and Division III (“Form-Based Code”), and/or any other section of this Ordinance which requires a Use Permit.
Minor Use Permit. A Minor Use Permit is required for any new use or change of use from a Public and Semi-Public, Commercial, Industrial/R&D, or Transportation, Communication & Utilities use classification category to another non-residential use classification category within 300 feet of a residential district. A change in occupancy Division VI: Administration and Procedures
Division VI, Page 16 | South San Francisco Zoning Code | Public Review Draft is not considered a change in use unless the new occupant is in a different use classification category than the former occupant.
Temporary Use Permit. A Temporary Use Permit is required for the review and approval of certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the property where they occur. In addition to any other license or approval required by the City, a Temporary Use Permit is required for temporary uses pursuant to Chapter 20.340 (Temporary Uses).
Procedures
Review Authority.
1. Conditional Use Permits. Unless otherwise specified in the South San Francisco Municipal Code, the Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this chapter.
2. Minor Use Permits. The Chief Planner shall approve, conditionally approve, or deny applications for Minor Use Permits based on consideration of the requirements of this chapter. The Chief Planner may, at their discretion, refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it. In that case, the application shall be processed as a Conditional Use Permit.
3. Temporary Use Permits. An application for a temporary use shall be submitted at least 30 days before the use is intended to commence. The application shall be on a form approved by the Chief Planner and shall include the written consent of the owner of the property or the agent of the owner on which the use is to be located.
Application Requirements. Applications for Use Permits and Temporary Use Permits shall be filed with the Planning Division on the prescribed application forms in accordance with the application procedures in Chapter 20.450 (“Common Procedures”). In addition to any other application requirements, the application for a Use Permit or Temporary Use Permit shall include data or other evidence in support of the applicable findings required by Section 20.490.004 (“Required Findings”), below.
Public Notice and Hearing.
1. Conditional Use Permits. All applications for Conditional Use Permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 20.450 (“Common Procedures”).
Division VI: Administration and Permits
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2. Minor Use Permits. All applications for Minor Use Permits shall require public notice and hearing before the Chief Planner pursuant to Chapter 20.450 (“Common Procedures”).
3. Temporary Use Permits. An application for a Temporary Use Permit does not require a public hearing.
Required Findings
The review authority must make all of the following findings in the affirmative in order to approve or conditionally approve a Conditional Use Permit or a Minor Use Permit application. The inability to make one or more of the findings in the affirmative is grounds to deny an application.
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Ordinance and all other titles of the South San Francisco Municipal Code;
2. The proposed use is consistent with the General Plan and any applicable specific plan;
3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question as may be adopted by a resolution of the Planning Commission and/or the City Council;
5. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and reasonably foreseeable future land uses in the vicinity;
6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints;
7. An environmental determination has been prepared in accordance with CEQA;
8. If the proposal includes a request for increased density or FAR pursuant to the provisions of Section 20.280.004(A), in addition to any other findings this chapter requires, the decision-making body must also make the following findings:
a. The proposal would result in a project whose proposed public benefits and requested development incentives are suitable to the site and relate appropriately to adjacent uses and structures.
Division VI: Administration and Procedures
Division VI, Page 18 | South San Francisco Zoning Code | Public Review Draft b. The proposed project would be consistent with the accepted list of public benefits outlined in Section 20.280.004(A)(1), and such benefits would not otherwise result through provisions of the City’s policies, ordinances or other requirements.
c. The proposal reflects a fair financial balance of costs and benefits to the applicant and the City.
The Chief Planner may approve an application for a Temporary Use Permit to allow a temporary use for a period of time, only upon making all of the following findings:
1. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and
2. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.
Conditions of Approval
In approving a Conditional Use Permit or a Minor Use Permit, the review authority may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 20.490.004 (“Required Findings”) above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
In approving a Temporary Use Permit, the Chief Planner may impose any conditions deemed necessary to achieve the findings for a Temporary Use Permit listed above, including: regulation of vehicular ingress and egress and traffic circulation; regulation of lighting; regulation of hours and/or other characteristics of operation; submission of final plans to ensure compliance with conditions of approval, and such other conditions as the Chief Planner may deem necessary and reasonable. At minimum, the Chief Planner shall impose the following conditions if applicable:
1. Any construction or other work shall conform to all applicable rules and regulations. This may include documentation or demonstration that the project complies with all applicable development and design standards.
2. Fire protection and access for fire vehicles shall be provided as specified by the Fire Chief.
Division VI: Administration and Permits
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3. The site shall be completely cleaned and all trash, debris, signs, sign supports, and temporary structures and electrical service removed within three days following the date specified for termination of the temporary use.
4. Fencing or other security measures the Police Department deems necessary to minimize risk.
Notice to the Planning Commission – Minor Use Permit
The Chief Planner shall provide notice of any action by the Chief Planner to approve, modify, or deny an application for a Minor Use Permit to the Planning Commission within the applicable appeal period. (Ord. 1432 § 2, 2010)
Appeals; Expiration, Extensions, and Modifications
Appeals. A decision of the Chief Planner may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Chapter 20.570 (“Appeals and Calls for Review”).
Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 20.450 (“Common Procedures”).
Failure to Comply with Conditions
Failure to comply with any Use Permit condition is a violation of this chapter subject to enforcement, penalties, and legal procedure as prescribed by Chapter 20.580 (“Enforcement and Abatement Procedures”). Any Use Permit granted in accordance with the terms of this chapter may be revoked upon failure to comply with any of the conditions or terms of such permit, or if any law or ordinance is violated in connection therewith.
Revocation of Use Permits
A Use Permit may be revoked as provided by Section 20.580.006 (“Revocation of Permits”).
Chapter 20.500 Variances
No changes recommended to this chapter.
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Purpose
The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this Ordinance when so doing would be consistent with the purposes of the Ordinance and it is not possible or practical to approve a variance. This procedure is intended to, facilitating compliance with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act by providing reasonable accommodation to persons with disabilities seeking fair access to housing through modification of the application of the City’s zoning regulations. This chapter authorizes the Chief Planner to grant relief from this Ordinance’s dimensional requirements when necessary to provide access to housing and to also approve limited waivers of dimensional standards for applicants who are not entitled to reasonable accommodation under these statutes. It also allows the Commission to grant exceptions and waivers when necessary to accommodate religious uses protected by the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The relief available under this chapter is distinguished from grant of a Variance provided in Chapter 20.500 (“Variances”) in that it is limited to minor waivers of dimensional requirements except when an applicant is entitled to an accommodation pursuant to Federal and/or State law.
Procedures
A. Notice and Application. A notice shall be displayed at the office of the Planning Division advising applicants that they may request a reasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding, development or use of housing by completing an application requesting an accommodation and filing it with the Planning Division.
1. When an accommodation may be necessary to ensure equal access to housing, a request for reasonable accommodation in rules, policies, practices and/or procedures may be filed with any application for zoning or subdivision approval or at any time during the zoning or subdivision approval process.
B. Review of Requests for Reasonable Accommodation to Ensure Access to Housing. An application for reasonable accommodation to ensure access to housing will be referred to the Chief Planner for review and consideration. The Chief Planner shall issue a written decision within 45 days of the date of the application and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
Division VI: Administration and Permits
Public Review Draft | South San Francisco Zoning Code | Division VI, Page 21 C. Review of Other Requests for Waivers and Modifications. Applicants who are not requesting reasonable accommodation to ensure access to housing as provided for by federal and/or State law may submit an application requesting a waiver or exception to any of the following standards:
1. Lot area, width, or depth up to 10 percent of the required dimension;
2. Determination of which street frontage is to be considered the front of the lot;
3. Height variation requirements based on existing patterns of development within 500 feet of the subject property;
4. Minimum yards, up to 10 percent of the required yard;
5. Maximum height of fences and freestanding walls up to one foot over height allowed;
6. Maximum height of buildings and structures, up to 10 percent or eight feet, whichever is less;
7. Maximum lot coverage, up to 10 percent;
8. Minimum landscaping, up to 10 percent of required landscaping for site or parking lot;
9. Required ground-floor building transparency, up to 10 percent of minimum;
10. Upper story step-back; up to 10 percent provided design features have been incorporated to create visual variety and to avoid a large-scale, bulky, or monolithic appearance;
11. Building length and separation, up to 10 percent, provided the building separation complies with the Building Code and design features have been incorporated to create visual variety and to avoid a large-scale, bulky, or monolithic appearance;
12. Up to 10 percent of other development standards not listed in subsection D below;
13. For a corner lot, the widest dimension of the lot with street frontage may be considered the front of a lot; or
14. Other development standards not listed in subsection D below, provided the application is to accommodate an environmental technology or design that will substantially enhance the sustainability of a project over and above standard municipal code requirements.
D. Exclusions. Waivers and modifications may not be considered for the following standards:
1. Maximum number of stories;
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2. Minimum number or dimensions of required parking spaces;
3. Residential density; or
4. Maximum floor area ratio (FAR).
Required Findings
A decision to grant a waiver or modification shall be based on the following findings:
A. The waiver or modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including topography, noise exposure, irregular property boundaries, or other unusual circumstance.
B. There are no alternatives to the requested waiver or modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.
C. The granting of the requested waiver or modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.
D. If the waiver or modification requested is to provide reasonable accommodation pursuant to State or Federal law, in addition to any other findings that this chapter requires, the decision-maker must also make the following findings:
1. That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;
2. If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or Federal law;
3. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
4. That denial of the requested waiver or modification would impose a substantial burden on religious exercise or would conflict with any State or Federal statute requiring reasonable accommodation to provide access to housing.
Conditions of Approval
A. In approving a waiver or modification, the decision-maker may impose any conditions deemed necessary to:
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1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
2. Achieve the general purposes of this Ordinance or the specific purposes of the zoning district in which the project is located;
3. Achieve the findings for a waiver or exception granted; or
4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
B. Waivers and modifications approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.
Appeals; Expiration, Extensions, and Modifications
A. Appeals. The applicant or any other aggrieved party may appeal a decision on a waiver or exception pursuant to the provisions of Chapter 20.570 (“Appeals and Calls for Review”).
1. An appellant may request a reasonable accommodation in the procedure by which an appeal will be conducted.
2. If an appellant needs assistance in filing an appeal, the Planning Division shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.
B. Expiration, Extensions, and Modifications. Waivers and exceptions granted under this chapter are effective and may only be extended or modified as provided for in Chapter 20.450 (“Common Procedures”).
Chapter 20.520 Temporary Use Permits
The contents of this chapter have been moved to Chapter 20.490 (Use Permits) Chapter 20.530 Specific Plans and Plan Amendments
No changes recommended to this chapter.
Chapter 20.540 Amendments to General Plan
No changes recommended to this chapter.
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Map
No changes recommended to this chapter.
Chapter 20.560 Pre-zoning Procedure
No changes recommended to this chapter.
Chapter 20.570 Appeals and Calls for Review
No changes recommended to this chapter.
Chapter 20.580 Enforcement and Abatement Procedures
No changes recommended to this chapter.