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.

The powers and duties of the City Council under this Title include:

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:

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:

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 may assume the Chief Planner’s responsibilities and authority and/or delegate the same to a City Planner.

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:

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.

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.

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.

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this Ordinance unless superseded by specific requirement of this Ordinance or State law.

Pre-application review is an optional review process that is intended to provide information on relevant General or Specific Plan policies, zoning regulations, and procedures related to projects that will be subject to discretionary approvals, including both legislative and quasi-judicial decisions, pursuant to the Zoning Ordinance. This review is intended for large or complex projects and projects that are potentially controversial.

Unless otherwise specified, whenever the provisions of this Ordinance require public notice, notification shall be provided in compliance with the requirements of State law and as follows.

Whenever the provisions of this division require a public hearing, the hearing shall be conducted in compliance with the requirements of State law and as follows.

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Ordinance, the responsible authority shall issue a Notice of Action and make findings of fact as required by this Ordinance.

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the 16th day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the 15-day period may be waived.

No change in the use or structure for which a permit or other approval has been issued is permitted unless the Chief Planner or Planning Commission modifies the permit as provided for in this Ordinance. For the purpose of this section, the modification of a permit may include modification of a design review approval.

As part of the review to determine whether an application for a development project is complete, the Chief Planner shall conduct a preliminary assessment of potential environmental issues. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. The Chief Planner may require the applicant to submit additional information needed to support this determination. An application subject to environmental review pursuant to CEQA shall not be considered complete until the applicant has submitted all studies and other documentation the Chief Planner has deemed necessary to make an environmental determination together with all required fees.

If the Chief Planner determines that the application is subject to review under CEQA, within 30 days after determining that the application is complete, he or she shall determine if the project is exempt from environmental review pursuant to State law, the State CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review accompanied by a fee set by the Master Fee Schedule. The Chief Planner may require the submission of additional information and supporting documentation with the application for environmental review. After receiving an environmental review application, the Chief Planner shall determine whether to require preparation of an Environmental Impact Report (EIR) or Negative Declaration or Mitigated Negative Declaration. In order to make this determination, the Chief Planner shall prepare an Initial Study at the applicant’s expense. If the Chief Planner and project applicant agree that an EIR is necessary, an Initial Study is not required.

The Initial Study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project’s potential impacts. Following completion of the Initial Study, the Chief Planner shall notify the applicant in writing of changes to the project that Staff has deemed necessary to reduce or avoid the significant effects identified in the Initial Study. Within 30 days following the date of the letter, the applicant shall provide written notification to the Chief Planner indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project an EIR shall be prepared.

Based on the Initial Study, the Chief Planner will make one of the following findings:

If the Chief Planner has determined that the proposed project will not have a significant effect on the environment, the Chief Planner, at the applicant’s expense, shall prepare a Negative Declaration for public review in conformance with the requirements of CEQA and applicable State and City environmental review guidelines. If the applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the Chief Planner shall prepare a Mitigated Negative Declaration for public review. The Chief Planner shall provide public notice of the proposed environmental determination for a period of at least 20 days at the same time and in the same manner required for the underlying permit in accordance with Chapter 20.450 (“Common Procedures”).

If it is determined that an EIR is required, the Chief Planner shall prepare, distribute, and post a Notice of Intent to Prepare an EIR in the same manner required for the underlying permit unless otherwise specified in applicable State or federal requirements. The purpose of this notice is to inform interested parties that an EIR is being prepared, and to seek guidance about significant environmental issues and mitigation measures that should be explored. The applicant or any aggrieved party who believes that a Negative Declaration, rather than an EIR, should be prepared for the proposed project may appeal to the City Council within 10 days after the notice has been posted. The City Council’s decision shall be final. The City will prepare the Draft EIR with its own staff or by contract with a consultant chosen by the City in conformance with the requirements of CEQA and applicable State and City environmental review guidelines. The applicant shall pay the cost of preparing an EIR and reasonable costs for administering the work of outside consultants in accord with the adopted fee schedule.

Following completion of a Draft EIR, the Chief Planner shall prepare and post a Notice of Completion initiating a minimum 30-day public review period or 45 days if the project is subject to review by a State Agency. The Chief Planner shall mail a notice of the availability of a Draft EIR to those requesting such notice in writing, to local and regional agencies, and interested federal agencies. The City shall make copies of the Draft EIR available for public review at the Planning Division office during regular office hours and at the South San Francisco Public Library. The City may impose a charge for copies of the Draft EIR in accordance with the adopted fee schedule.

After the public review period has expired, the City or its consultant will prepare a Final EIR for certification by the decision-making bodies responsible for action on the project. The Final EIR will consist of the Draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the Draft EIR, and a response from the City on significant environmental issues raised in the Draft EIR and comments.

Any City official or body responsible for taking action on a project for which a Negative or Mitigated Negative Declaration, or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is approved, the decision-making body shall impose conditions to mitigate any adverse environmental impacts. The highest decision-making entity responsible for action on an application for a development permit shall approve the Negative Declaration or Mitigated Negative Declaration or certify the Final EIR prior to the time the project is considered for approval. The decision-making entity may decline to approve or certify the environmental document and request further review or analysis if, in its judgment, approval of the Negative Declaration or Mitigated Negative Declaration or certification of the Final EIR would not comply with the requirements of applicable State and local environmental review requirements. Approval of a Negative Declaration or Mitigated Negative Declaration or certification of a Final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and State and local CEQA guidelines and not an approval of a project. Certification of a Final EIR or approval of a Negative Declaration or Mitigated Negative Declaration does not imply that the City endorses the proposed project nor that the City will approve the necessary permit applications.

When a development project is subject to environmental review, all decision-making officials and entities shall take action on all applications for the project that have been submitted and deemed complete in compliance with the following time limits unless State or federal law mandate a shorter deadline. Notwithstanding these deadlines, the applicant may request in writing and the City may approve a single extension for a period not to exceed 90 days unless State law authorizes a longer extension. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Chapter 20.570 (“Appeals and Calls for Review”).

The City shall approve a mitigation monitoring and reporting program (MMRP) for all projects that it approves with a Mitigated Negative Declaration or a Final EIR. The purpose of the MMRP is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project.

Notwithstanding other provisions of this Ordinance, the applicant or any aggrieved person may appeal the following environmental determinations directly to City Council in the manner described in Chapter 20.570 (“Appeals and Calls for Review”):

This chapter establishes procedures to implement Section 20.010.004(B) (“Compliance with Regulations”) and verify that each new or expanded use or structure complies with the applicable requirements of this Ordinance.

Site Clearance approval is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this chapter. Site Clearance is typically performed in conjunction with business license or permit review.

A decision of the Chief Planner on site clearance 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”).

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 high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

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:

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.

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.

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”).

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.

Use Permit and Temporary Use Permit approval is required for the following:

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.

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.

A Use Permit may be revoked as provided by Section 20.580.006 (“Revocation of Permits”).

This chapter is intended to provide a mechanism for relief from the strict application of this Ordinance where strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities, which this ordinance does not authorize for the subject parcel of property.

After conducting a public hearing, the Planning Commission may approve or conditionally approve a variance application if it can make all of the following findings. The Commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

In approving a variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 20.500.004 (“Required Findings”) above and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

Failure to comply with any variance condition is a violation of this Ordinance subject to enforcement, penalties, and legal procedure as prescribed by Chapter 20.580 (“Enforcement and Abatement Procedures”). Any variance granted in accordance with the terms of this Ordinance may be revoked upon failure to comply with any of the conditions or terms of the variance, or if any law or ordinance is violated in connection therewith.

A variance may be revoked as provided by Section 20.580.006 (“Revocation of Permits”).

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 facilitate 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 Planning 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 granting 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.

A decision to grant a waiver or modification shall be based on the following findings:

The purpose of this chapter is to establish criteria, standards and procedures for the preparation, processing, adoption and amendment of Specific Plans. Specific Plans provide a mechanism for the classification and regulation of land use and development with specific project boundaries that are consistent with and implement the goals and objectives of the General Plan. Unless otherwise specified within the Specific Plan itself, it is intended that the Specific Plan will replace the base zoning district, and that the use regulations and development standards contained in the Specific Plan will take precedence over this Ordinance, where applicable. Where the Specific Plan is silent, the Ordinance’s standard for the zoning district which most closely resembles the subject specific plan’s land use designation shall apply.

The adoption and implementation of a specific plan by the City of South San Francisco is authorized by the following:

The procedures of this chapter apply to all proposals for the adoption or amendment of a Specific Plan.

A Specific Plan may be initiated by:

A minimum plan area of five acres, as a separate parcel or in combination of adjoining parcels, is required for the filing of a Specific Plan application; however, the Planning Commission may allow the filing of a Specific Plan application for a smaller area consistent with the purpose of this chapter and State law.

A Specific Plan may include, but not be limited to, a text and diagram(s) that specify all of the following in detail:

The Specific Plan shall describe the basic land use regulations and development, design, and performance standards that govern each use identified by the Specific Plan. These regulations and standards may include, but not be limited to the following:

The Planning Commission shall not recommend and the City Council shall not adopt a Specific Plan unless the following findings are made:

A Specific Plan may be amended to change the text or land use designation in the same manner as was adopted. Amendment of a Specific Plan is subject to the same findings as prescribed for the initial approval.

A specific plan may be implemented through precise plans, which set forth in detail development criteria for proposed structures and related improvements and their arrangements on individual parcels; parcel maps, design review, and sign permits.

No discretionary entitlement applications or other permits may be approved, adopted or amended within an area covered by a Specific Plan, unless found to be consistent with the adopted Specific Plan.

This chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or federal law and problems and opportunities that were unanticipated at the time of Plan adoption or the last amendment.

The procedures of this chapter apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions.

An amendment to the General Plan may be initiated by:

This chapter provides procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan.

The procedures in this chapter shall apply to all proposals to change the text of this Zoning Ordinance or to revise a zoning district classification or zoning district boundary line shown on the Zoning Map including prezoning as provided for in Chapter 20.560 (“Prezoning Procedure”).

An amendment to the text of the Zoning Ordinance or to the Zoning Map may be initiated by:

The Planning Commission shall not recommend and the City Council shall not approve a Zoning Map amendment unless the proposed amendment meets the following criteria:

The purpose of this chapter is to establish a procedure for prezoning adjoining unincorporated territory.

Unincorporated territory adjoining the City may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation.

Prezoning shall be initiated and subject to the procedures established under Chapter 20.550 (“Amendments to Zoning Ordinance and Map”).

The zoning accomplished by prezoning of the property shall become effective at the time that annexation to the City becomes effective. If the subject area has not been annexed to the City within five years of the date of City Council approval, the prezoning approval is subject to reconsideration by the Planning Commission and the Council.

This chapter establishes uniform procedures for appeals of final decisions by the Chief Planner and Planning Commission. These procedures are distinguished from the provisions in Chapter 20.510 (“Waivers and Modifications”), which are intended to minimize the frequency of appeals by authorizing the approval of modifications and exceptions to the requirements of this Ordinance when consistent with its purposes or necessary to accommodate uses protected by State or federal law. The intent of both of these chapters is to provide means of granting relief, reduce the potential for litigation, and increase fairness to both property owners and aggrieved members of the public.

Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.

Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 15 days of the date of the action, decision, motion, or resolution from which the appeal is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

Any action by the Chief Planner or Planning Commission in the administration or enforcement of the provisions of this Ordinance may be appealed in accordance with this chapter.

Two or more members of the Planning Commission may call for review of a decision of the Chief Planner and two or more members of the City Council may call for review of a decision of the Chief Planner or Planning Commission within the 15-day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action by the Commission or Council shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.

Within two business days of a Zoning Administrator hearing, the Planning Commission Clerk shall submit a notice of all Zoning Administrator discretionary action to the Planning Commission, following which any member of the Planning Commission may request a call for review of a decision by submitting a notice in writing to the Planning Commission Clerk or noting so on the record at a Planning Commission hearing within the 15-day appeal period. If two or more Planning Commissioners submit a notice in writing to the Planning Commission Clerk requesting a call for review of a decision or two or more Planning Commissioners request a call for review of a decision by noting so on the record at a Planning Commission hearing, the call for review shall become effective and the Chief Planner shall set a public hearing in accordance with the provisions of Chapter 20.450. The Planning Commission Clerk’s notice of Zoning Administrator discretionary approvals submitted to the Planning Commission shall include the date by which a call for review by a Planning Commissioner must be received by the Planning Commission Clerk or noted on the record at a Planning Commission hearing. Any other decision of the Chief Planner that the Planning Commission wishes to call for review may be called for review by at least two Planning Commissions through the process outlined above.

Within two business days of the completion of a Planning Commission hearing, the Secretary to the Planning Commission shall submit a notice of all Planning Commission discretionary action to the City Clerk for distribution to the City Council, following which any member of the City Council may request a call for review of a decision by submitting a notice in writing to the City Clerk or noting so on the record at a City Council hearing within the 15-day appeal period. If two or more Councilmembers submit a notice in writing to the City Clerk requesting a call for review of a decision or two or more Councilmembers request a call for review of a decision by noting so on the record at a City Council hearing, the call for review shall become effective and the City Clerk shall set a public hearing in accordance with the provisions of Chapter 20.450. The City Clerk’s notice of discretionary approvals submitted to the City Council shall include the date by which a call for review by a Councilmember must be received by the City Clerk or noted on the record at a City Council hearing.

When reviewing any decision on appeal, the hearing body shall use the same standards for decision-making required for the original decision. The hearing body may adopt the same decision and findings as were originally approved.

This chapter establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this Ordinance and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Ordinance. The provisions of this chapter are in addition to those set forth in Title 8, Chapter 8.54 (“Community Preservation Ordinance”) of the South San Francisco Municipal Code.

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Ordinance, and any such permit or license issued in conflict with the provisions of this Ordinance shall be null and void.

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating a provision of this Ordinance or failing to comply with a mandatory requirement of this Ordinance shall be guilty of a misdemeanor and, upon conviction, such person shall be punished as set forth in Chapter 1.24 (“General Penalty”) of the South San Francisco Municipal Code. The City may treat a violation of this Ordinance as an infraction punishable by a fine established by the City Council. A person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the Planning Commission or City Council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

Any permit granted under this Ordinance may be revoked or modified for cause if any of the conditions or terms of the permit are violated. For purposes of this chapter, the modification of a permit may include the modification of the terms of the permit itself or the waiver, alteration or imposition of new conditions. The revocation or modification of a permit for cause includes the revocation or modification of a design review approval for cause.