OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

South San Francisco Planning Commission Meeting – March 17, 2022: Zoning Amendments, Housing Progress Report, and Public Hearing Training

Planning CommissionThursday, March 17, 2022
BodySouth San Francisco, California
SessionPlanning Commission
DateThursday, March 17, 2022
StatusFILED
Video Record

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Transcript — Verbatim
0:00

But you must be have very good vision if that's the case.

0:03

Or or your or your camera has to hide in identity.

0:08

So chair, you've got your script.

0:12

All good.

0:13

We're ready.

0:14

All right.

0:15

We have the whole gang and it and our presenter such.

0:23

I am just waiting on Allie.

0:26

Let me make sure she's in and all uh great.

0:34

Alexandra's gonna join us.

0:37

Yeah.

0:38

Oh, I let her know she could join a little bit later when ready to rock.

0:47

Right.

0:48

Welcome to the Thursday, March 17, 2022, regular meeting of the South San Francisco Planning Commission.

0:57

This meeting is being held in accordance with the Brown Act as currently in effect under the provisions of Assembly Bill 361, which allows attendance by members of the planning commission, city staff, and the public to participate and conduct the meeting by teleconference.

1:19

Teleconference locations are not open to the public to provide a comment during the meeting.

1:27

Please use the raised hand function indicating you would like to speak, and you will be unmuted in order during times reserved for public comment.

1:41

You will have three minutes to make your comments.

2:01

Emails or message comments that you provide.

2:06

Please note that all commission time limits and rules and decorum will apply to public comments.

2:14

This meeting of the South Central Planning Commission is hereby called to order.

2:20

Will you please stand and join me in the pledge of allegiance?

2:28

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

2:37

One nation under God, indivisible with liberty and justice for all.

2:50

Absolutely, Chair.

2:52

Commissioner Ferrio.

2:53

Here commissioner Evans.

2:57

Commissioner DePaz Fernandez.

3:00

Here commissioner Funis.

3:02

Here.

3:03

Commissioner Murphy.

3:05

Here.

3:06

Vice Chair Zhang.

3:08

Here.

3:09

And Chair Shiata.

3:11

Here.

3:13

Everyone's present.

3:15

Are there any changes to the to the agenda?

3:19

No proposed changes, Chair.

3:23

Does any member of the public wish to address the commission on an item that is not on the agenda tonight at this time?

3:34

Please use the raise hand feature to indicate that you would like to provide a comment.

3:43

At this time, I will ask the clerk if there are any members of the public who would like to provide a comment.

3:52

No hands are raised, Chair.

3:56

Hearing no speakers, we will move on.

4:02

Next on the agenda is the disclosure of export communications.

4:09

Recognizing that's not pertain to items on tonight's agenda, nonetheless.

4:15

If any commissioner has had any communication with applicants, did any site or project visits had interactions with third parties, or has any conflicts regarding any items on the agenda?

4:31

You may disclose them at this time.

4:33

If you would like to refuse yourself for an item, you can also do that at this time hearing none.

4:53

Next on the agenda is a consent calendar.

4:57

May we have a listing of the consent calendar items, please.

5:00

agenda you may disclose them at this time if you would like to refuse yourself for an item you can also do that at this time hearing none we will move on to the next item next on the agenda is the consent calendar may we have a listing of the consent calendar items please absolutely chair uh item one approval of the February third 2022 regular hearing minutes does any commissioner wish to pull an item from consent calendar does any member of the public wish to address the commission on an item on the consent calendar at this time please use the res and feature to indicate that you would like to provide a comment at this time I would like to ask the clerk if there are any members of the public who would like to make provide public comments there is a request hearing none I will gain a motion on the consent calendar i make the motion we approve the minutes second i second and we have roll please absolutely commissioner free yes commissioner deposit fernandez yes commissioner funas yes commissioner evans yes commissioner murphy yes vice chair zen yes chair shot it yes consent calendar motion passage next on the agenda item number two public hearing item number two report regarding a planning commission recommendation to city council for consideration of California environmental quality act determinations and to adopt amendments to 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 presentation by Claire Law assistant city attorney motion or uh item number two a is the companion resolution thanks Tony um good evening chair vice chair and commissioners um I'm Claire Lyas is the city attorney and I will just give a brief overview of the proposed zoning tax amendments that are proposed before you tonight um this item is a recommendation to the city council um after you make that determination tonight the city council will review it at a separate public hearing um so the there are three main parts to the proposed zoning tax amendment um the first part pertains to um large family daycare homes and these changes are to remove some special rules regarding those large daycare homes that are currently in the muni code and these changes are prompted by some modification made under state law that now require local governments to treat both large and small daycare homes alike and by right as a residential use in the residential zones that allow them um and these homes are for children um the large and small differences depending on how many children are being cared for in the home um between I think it's eight under law and 14 on the higher end um they're less but less for less than 24 hours when the parent or guardian is not present um and so because the city has to allow them by right now um we are removing the restrictions that are previously contained in the muni code um and we'll continue to permit them as um a regular residential units and the second area of changes proposed are to the accessory dwelling units section um the first change pertains to clarifying that ADUs and junior ADUs cannot be used for short-term rentals um for less than 31 days and that's just a clarifying change considering consistent with state law um that is actually what we require um now in practice so that's just um to clarify the rules for for everybody um the second area is to allow some AGUs to be um sold separately from the primary residents because this is also a change prompted by state law um in general a to use cannot be sold separately from the primary residents but state law makes very specific exceptions for certain nonprofit um if there's there's there's as an indicating staff report there's several um prerequisites that the situation has to meet before the conveyance can be done um but state law does allow them and so we're providing for that exception in the muni code um in case that situation comes up and those rules will apply um and also in the adu area we are amending the regulations to allow multiple unit sites to have either a set of um detach adus plus converted a use of existing

10:01

Um but state law does allow them, and so we're providing for that exception in the Municode in case that situation comes up and those rules will apply.

10:11

Um, and also in the ADU area, we are amending the regulations to allow multiple unit sites to have either a set of um detached ADUs plus converted ADUs of existing non-level space, or um an attached ADU subject to local development standards.

10:37

And these are changes also prompted by state law, and we're bringing our ordinance consistent with the um state ADU statutes, which require all of the residential sites to be able to do at least one ADU and also allows a specific set of ADUs that are subject to just a building permit without local development standards.

10:59

And so those are the three ADU changes.

11:03

And the final area of change is to the design review um rules under the zoning code.

11:10

And this is to exempt um what are called SB9 units and all other potential future ministerial projects from design review.

11:21

Um as commission is aware Senate Bill 9 or SB9 um was recently signed into law and became um went into effect this year.

11:31

And that bill allows um developers and applicants to build um at least two units on um sites that are eligible for either subdivision or just construction of units.

Discussion Breakdown — Share of Meeting
Planning Commission██████████████████████████████████████████42%
Land Use Planning█████████████13%
Procedural███████████11%
Housing███████████11%
Affordable Housing██████████10%
Public Engagement█████5%
Ex Parte Communication█████5%
Financial Interest███3%
Summary of Proceedings

South San Francisco Planning Commission Meeting – March 17, 2022

The South San Francisco Planning Commission held a regular meeting on Thursday, March 17, 2022, at 7:00 PM via teleconference under the Brown Act and Assembly Bill 361. All seven commissioners (Sam Shihadeh, Chair; Alex Tzang, Vice Chair; Norm Faria, JulieAnn Murphy, Michele Evans, Sarah Funes, Luis De Paz Fernandez) were present. Staff included Chief Planner Tony Rozzi, Assistant City Attorneys Claire Lai and Alexandra Wolf, Associate Planner Stephanie Skangos, and others. The meeting covered approval of previous minutes, a public hearing on zoning code amendments, an informational housing progress report, and a training presentation on public hearing procedures.

Consent Calendar

  • February 3, 2022 Regular Meeting Minutes: Approved unanimously. (Motion by Commissioner Faria, second by Commissioner Evans; roll call 7-0.)

Public Comments & Testimony

  • No members of the public spoke on any agenda item, and no written or voicemail comments were received.

Discussion Items

  • Item 2 – Public Hearing: Zoning Amendments (Large Family Daycare Homes, ADUs, Design Review)
    Claire Lai presented proposed changes to Title 15 (Buildings and Construction) and Title 20 (Zoning):

    • Large Family Daycare Homes: Remove special rules to comply with state law requiring them to be treated as by-right residential uses (for up to 14 children, less than 24 hours, without parent present).
    • Accessory Dwelling Units (ADUs): (a) Clarify that ADUs and junior ADUs cannot be used for short-term rentals (less than 31 days); (b) Allow ADUs to be sold separately from the primary residence under narrow conditions – the seller must be a qualified non-profit corporation (501(c)(3) with welfare exemption) and the buyer must be low- or moderate-income; (c) Allow multiple-unit sites to have either detached ADUs plus converted ADUs from existing non-habitable space, or an attached ADU subject to local standards.
    • Design Review: Exempt SB9 units and other future ministerial projects from discretionary design review, consistent with state law.
      Commissioners asked clarifying questions about the criteria for selling ADUs (Commissioner Faria noted small lots may be challenging) and the design review exemption process (Chief Planner Rozzi explained objective standards will be used). No public testimony. The commission unanimously adopted Resolution recommending City Council approval of the ordinance. (Motion by Commissioner Faria, second by Commissioner Evans; roll call 7-0.)
  • Item 3 – 2021 Housing Element and General Plan Annual Progress Report
    Stephanie Skangos presented the required annual report covering calendar year 2021. Key statistics:

    • Building permits issued: 148 new residential units (3 single-family, 2 small multi-family [2–4 units], 102 multi-family from the 200 Airport project, and 41 ADUs).
    • Certificates of occupancy: 126 units (mostly from 200 Linden project, finaled in 2021).
    • RHNA (Regional Housing Needs Allocation) progress: The city has issued building permits for 63% of its Cycle 5 allocation (1,175 of 1,864 units).
    • Affordability breakdown: Very low (30–50% of Area Median Income [AMI]), low (50–80% AMI), moderate (80–120% AMI), above moderate (>120% AMI). Income limits for San Mateo County (2021) were provided: extremely low (30% AMI) = $38,400; very low (50% AMI) = $63,950; 60% AMI = $76,740; low (80% AMI) = $102,450; state median = $104,700.
    • Next RHNA Cycle (2023–2031): Estimated allocation of 3,956 units, a significant increase.
    • General Plan compliance: Partial compliance with Office of Planning and Research (OPR) guidelines; the ongoing General Plan update aims to address deficiencies.
      Commissioner Funes noted the hardship for seniors and disabled residents on SSI/SSDI (about $12,000/year) and requested inclusion of income figures in future reports. Commissioner Murphy questioned whether affordability is adjusted dynamically; staff confirmed it is static at permit issuance. Commissioner Evans commended the comprehensive report. No action required; the report will be presented to City Council on March 23 and submitted to the state by April 1.
  • Item 4 – Presentation: Public Hearing and Decision-Making Process
    Assistant City Attorneys Claire Lai and Alexandra Wolf conducted a training on the planning commission’s role, quasi-judicial duties, conflicts of interest, ex parte communications, and proper conduct during public hearings. They covered:

    • Conflict of Interest: Financial interests, real property within 1,000 feet, gifts >$500, etc., require recusal and disclosure on the record.
    • Ex Parte Communications: Must be disclosed publicly (time, place, content); general discussions without specific project references are permissible but discouraged if they evolve into project-specific talk.
    • Hearing Process: Staff report, applicant presentation, commissioner questions (not comments), public testimony, then deliberation after closing the hearing.
    • Findings and Conditions: Decisions must be supported by factual findings in the record; conditions must be reasonably related to the project.
      Commissioners engaged in Q&A, including scenarios about bias, recusal after retirement, and financial interests of consulting firms. Commissioner Tzang noted that commissioners sometimes inadvertently state positions during question periods; Lai advised that minor slips may not invalidate the process but urged caution. Commissioner Evans suggested recusing if there is a perception of bias, even if no actual bias exists. The training was informational; no action taken.

Key Outcomes

  • Consent Calendar: Unanimously approved (7-0).
  • Public Hearing (Item 2): Resolution recommending City Council adoption of zoning code amendments passed unanimously (7-0). The City Council will hold a separate public hearing.
  • Housing Progress Report (Item 3): Received and noted; staff will present to City Council on March 23 and submit to state by April 1.
  • Public Hearing Training (Item 4): Completed; commissioners were reminded to consult the city attorney regarding potential conflicts of interest.

Meeting Transcript

But you must be have very good vision if that's the case. Or or your or your camera has to hide in identity. So chair, you've got your script. All good. We're ready. All right. We have the whole gang and it and our presenter such. I am just waiting on Allie. Let me make sure she's in and all uh great. Alexandra's gonna join us. Yeah. Oh, I let her know she could join a little bit later when ready to rock. Right. Welcome to the Thursday, March 17, 2022, regular meeting of the South San Francisco Planning Commission. This meeting is being held in accordance with the Brown Act as currently in effect under the provisions of Assembly Bill 361, which allows attendance by members of the planning commission, city staff, and the public to participate and conduct the meeting by teleconference. Teleconference locations are not open to the public to provide a comment during the meeting. Please use the raised hand function indicating you would like to speak, and you will be unmuted in order during times reserved for public comment. You will have three minutes to make your comments. Emails or message comments that you provide. Please note that all commission time limits and rules and decorum will apply to public comments. This meeting of the South Central Planning Commission is hereby called to order. Will you please stand and join me in the pledge of allegiance? I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Absolutely, Chair. Commissioner Ferrio. Here commissioner Evans. Commissioner DePaz Fernandez. Here commissioner Funis. Here. Commissioner Murphy. Here. Vice Chair Zhang. Here. And Chair Shiata. Here. Everyone's present. Are there any changes to the to the agenda? No proposed changes, Chair. Does any member of the public wish to address the commission on an item that is not on the agenda tonight at this time? Please use the raise hand feature to indicate that you would like to provide a comment. At this time, I will ask the clerk if there are any members of the public who would like to provide a comment. No hands are raised, Chair. Hearing no speakers, we will move on. Next on the agenda is the disclosure of export communications. Recognizing that's not pertain to items on tonight's agenda, nonetheless. If any commissioner has had any communication with applicants, did any site or project visits had interactions with third parties, or has any conflicts regarding any items on the agenda? You may disclose them at this time. If you would like to refuse yourself for an item, you can also do that at this time hearing none. Next on the agenda is a consent calendar.

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