HomeMy WebLinkAboutPC Meeting 02-02-12 (Reso 2716-2012) - Sign Tobacco Retailers RESOLUTION NO. 2716-2012
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING AMENDMENTS TO
THE SOUTH SAN FRANCSICO MUNICIPAL CODE
REGARDING SIGNIFICANT TOBACCO RETAILERS
WHEREAS, the City of South San Francisco (“City”) currently has a lawfully adopted
moratorium on the issuance of use permits and building permits for tobacco retailers; and,
WHEREAS, the City Council has directed the Planning Commission to consider and make a
recommendation on adopting an ordinance regarding the regulation of “significant tobacco retailers”
within the City; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) the Initial
Study/Negative Declaration for the Citywide Zoning Ordinance Update analyzed the environmental
impacts of the Zoning Ordinance Update, including commercial uses throughout the City, and these
limited revisions to the regulation of the specific commercial use of tobacco retailers, are minor in
nature and require no further CEQA review.
NOW, THEREFORE, BE IT RESOLVED by the South San Francisco Planning Commission
as follows:
SECTION 1 FINDINGS.
Based on the entirety of the record before it, which includes without limitation, CEQA and
the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco
General Plan and General Plan EIR; the South San Francisco General Plan Update and General Plan
Update EIR; the South San Francisco Municipal Code, including the comprehensive Zoning
Ordinance Update; all reports, minutes, and public testimony submitted as part of the Planning
Commission's duly noticed meetings on December 15, 2011; and all reports, minutes, and public
testimony submitted as part of the Planning Commission's duly noticed meetings on February 2,
2012; and any other evidence (within the meaning of Public Resources Code §21080(e) and
§21082.2) (“Record”), the City of South San Francisco Planning Commission hereby finds as
follows:
I. General Findings
1. The foregoing Recitals are true and correct and made a part of this Ordinance.
2. The proposed zoning ordinance amendment regarding significant tobacco retailers, including
all findings (attached as Exhibit A) is incorporated by reference and made a part of this Resolution,
as if set forth fully herein.
3. The documents and other material constituting the record for these proceedings are located at
the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco,
CA 94080, and in the custody of Chief Planner, Susy Kalkin.
4. The City Council, exercising its independent judgment and analysis, adopted an Initial
Study/Negative Declaration for the comprehensive Zoning Ordinance Update, including commercial
uses throughout the City, and these limited revisions related to the regulation of the specific
commercial use of tobacco retailers, are minor in nature and require no further CEQA review.
II. Zoning Amendments
1. As required under State law, the South San Francisco General Plan, and the South San
Francisco Municipal Code, in support of the zoning ordinance amendment regarding significant
tobacco retailers (ZA11-0009), the Planning Commission finds as follows:
a. The proposed revisions to the Zoning Ordinance are consistent and compatible with
all elements in the City of South San Francisco General Plan.
b. The proposed revisions to the Zoning Ordinance will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City, because the nature and intent of the
revisions is to reduce the exposure of children to tobacco and tobacco related products, and therefore
improve to the public interest, health, safety, convenience, or welfare of the City.
SECTION 2 RECOMMENDATIONS
BE IT FURTHER RESOLVED that the South San Francisco Planning Commission hereby
recommends that the City Council revise the Zoning Ordinance in the manner established in the
attached draft ordinance, contained in Exhibit A.
BE IT FURTHER RESOLVED that the Resolution shall become effective immediately upon
its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of
South San Francisco at a regular meeting of the Planning Commission, held on the 2nd day of
February, 2012 by the following vote:
AYES: Commissioner Giusti, Commissioner Gupta, Commissioner Martin,
Commissioner Prouty, Commissioner Sim, Vice Chairperson Ochsenhirt and
Chairperson Zemke
____________________________________________________________
NOES: ____________________________________________________________
ABSTENTIONS:_______________________________________________________
ABSENT: ___________________________________________________________
ATTEST: /s/Susy Kalkin_________________
Susy Kalkin
Secretary to the Planning Commission
Exhibit A
ORDINANCE NO. ________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE ADDING SECTION 20.350.037 TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
REGULATING SIGNIFICANT TOBACCO RETAILERS
WHEREAS, the City of South San Francisco (“City”) has an overriding interest in planning
and regulating the use of property within the City. Implicit in any plan or regulation is the City’s
interest in maintaining the quality of urban life and the character of the City’s neighborhoods.
Without stable, well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic
consequences to social, environmental, and economic values; and
WHEREAS, in California, 17.1% of the adult population1 and 7.1% of teenagers2
currently smoke; and
WHEREAS, youth tobacco use continues to rise. The prevalence of current cigarette
smoking among high school students rose 32% from 1991 to 1997, from 27.5% to 36.4%;3 and
WHEREAS, although it is unlawful to sell tobacco products and/or tobacco paraphernalia
to minors,4 17.1% of California retailers surveyed do sell to minors.5 In fact, despite laws in
every state making it illegal to sell tobacco to minors, each year an estimated 924 million packs
of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480
million in profits from underage smokers;6 and
WHEREAS, while some tobacco retail stores have instituted strong measures aimed at
preventing youths from directly purchasing cigarettes, the effectiveness of these measures is cast
in doubt by the fact that the vast majority of youths get their cigarettes through indirect sources
like friends or siblings;
• In California, 59.0% of 18- and 19-year-olds and 39.3% of 20- to 24-year-olds were
approached to buy tobacco for a minor at least once in the past year.7
1 Cal. Dep’t Health Servs, Tobacco Control Sec., Smoking Prevalence Among California Adults (March 2001).
2 Cal. Dep’t Health Servs, Tobacco Control Sec., 30-Day Smoking Prevalence Among California Youth (March 2001).
3 Ctr. For Disease Control & Prevention, Tobacco Use Among High School Students—United States, 1997, 47(12) Morbidity &
Mortality Wkly. Rep. 229 (Apr. 3, 1998).
4 Cal. Penal Code § 308 (West 1999).
5 Cal. Dep’t Health Servs, Tobacco Control Sec., Youth Tobacco Purchase Survey 2001 (forthcoming 2002) (upon release,
survey results are expected to be available at http://www.dhs.ca.gov/tobacco/html/pressreleases.htm). Note that the youth sale
rate cited above is a statewide average. Youth sales rates for a particular city or county may be significantly higher. Check
with your local tobacco prevention project, usually located in the county Health Department, to see if local figures are
available.
6 Joseph R. DiFranza, MD & John J. Librett, MPH, State and Federal Revenues from Tobacco Consumed by Minors, 89(7) Am.
J. Pub. Health 1106 (July 1999).
7 Kurt M. Ribisl, PhD et al, Which Adults Do Underaged Youth Ask for Cigarettes?, 89(10) Am. J. Pub. Health 1561 (Oct. 1999).
• In surveys, almost all youths say that they get their first cigarette from a friend or a
sibling,8 and after the first cigarette, friends provide the primary source of tobacco for
youths;9 and
WHEREAS, if tobacco retailers concentrate in a particular geographic area, market
conditions could lead to even more impact on community health and safety. For example, keen
competition between retailers can lead to special promotions such as sales or discounts on
particular brands. And, manufacturers may offer discounts on their products more frequently in
saturated markets; and
WHEREAS, these lower prices can trigger a significant rise in a community’s smoking
rates. Numerous studies have shown that the price of tobacco products and/or tobacco
paraphernalia directly influences both the level of overall tobacco consumption and the numbers
of new, almost exclusively young, smokers entering the market. The lower the cost of tobacco to
the consumer, the greater its likelihood of use; and
• A 10% drop in the price of cigarettes will result in an approximately 4% increase in
adult cigarette consumption (ages 20-74),10 however, it will result in a 6.8% increase
in the number of new youth smokers (ages 12-17) and a 13.1% increase in total youth
cigarette consumption.11
8 J.R. DiFranza et al, Tobacco Acquisition and Cigarette Brand Selection Among Youth, 4 Tobacco Control 334-38 (1994).
9 J.R. DiFranza et al, Tobacco Acquisition and Cigarette Brand Selection Among Youth, 4 Tobacco Control 334-38 (1994). See
also J.L. Forster et al, Sources of Cigarettes for Tenth Graders In Two Minnesota Cities, 4 Health Educ. Res. 45-50 (1989).
See also K.M. Cummings et al, Where Teenagers Get Their Cigarettes: A Survey of the Purchasing Habits of 13-16 Year Olds
in 12 US Communities, 1 Tobacco Control 264-67 (1992). See also M. Wolfson et al, Adolescent Smokers Provision of
Tobacco to Other Adolescents, 87 Am. J. Pub. Health 649-51 (1997).
10 Division of Cancer Prevention and Control, National Cancer Institute, The Impact of Cigarette Excise Taxes on Smoking
Among Children and Adults (1993).
11 Frank J. Chaloupka & Michael Grossman, Price, Tobacco Control Policies and Youth Smoking 17 (National Bureau of Econ.
Research Working Paper No. 5740, 1996).
• As the price of cigarettes decreases, young adult cigarette consumption (ages 18-24)
will increase at more than twice the rate of overall consumption.12
• As the price of cigarettes decreases, youth cigarette consumption (ages 12-17) will
increase at three times the rate of overall consumption.13
• 88% of adults who have ever smoked tried their first cigarette by the age of 18, and
the average age at which smokers try their first cigarette is 14½;14 and
WHEREAS, zoning controls and a requirement that tobacco retailers obtain a use permit
will not unduly burden legitimate business activities of tobacco retailers who sell cigarettes or
distribute tobacco products or tobacco paraphernalia to adults. It will, however, allow the City to
regulate the operation of lawful businesses to avoid circumstances which facilitate violations of
state, federal, and local laws; and
WHEREAS, the City has a substantial interest in ensuring that any person selling or
exchanging tobacco products should be at least of a legal age to purchase such products; and
WHEREAS, the City has a substantial interest in promoting compliance with state laws
prohibiting the sales of tobacco products to minors; in promoting compliance with federal, state
and local laws intended to discourage the purchase of tobacco products by minors; and finally,
and most importantly, in protecting children from being lured into illegal activity through the
misconduct of adults; and
WHEREAS, the California courts in such cases as Cohen v. Board of Supervisors, 40
Cal.3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal.App.4th 383 (1993),
have affirmed the power of local governments to regulate business activity in order to discourage
violations of state law; and
WHEREAS, the requirements of the California Environmental Quality Act (“CEQA”) of
1970, the CEQA Guidelines as prescribed by the California State Secretary for Resources, and
the City’s Local CEQA Guidelines have been satisfied, and pursuant to Section 15061(b)(3) of
Title 14 of the California Code of Regulations, substantial evidence in the record supports the
conclusion that this ordinance is exempt from the provisions of CEQA; and
WHEREAS, pursuant to the City’s police powers authorized in Article XI, Section 7 of
the California Constitution, as well as under the City of South San Francisco Municipal Code,
the City has the power to regulate permissible land uses throughout the City and to enact
regulations for the preservation of public health, safety and welfare of its residents and
community, and, pursuant to Government Code § 38771 the City also has the power through its
12 Ctr. For Disease Control & Prevention, Responses to Increases in Cigarette Prices by Race/Ethnicity, Income, and Age
Groups—United States, 1976-1993, 47(29) Morbidity & Mortality Wkly. Rep. 608 (July 31, 1998). See also Frank J.
Chaloupka & Henry Wechsler, Price, Tobacco Control Policies and Smoking Among Young Adults, 16(3) J. Health Econ. 359
(June 1997).
13 Frank J. Chaloupka & Michael Grossman, Price, Tobacco Control Policies and Youth Smoking 17 (National Bureau of Econ.
Research Working Paper No. 5740, 1996). See also E.M. Lewit et al, The effects of government regulation on teenage
smoking, 24(3) J.L. & Econ. 545-69 (1981).
14 U.S. Dep't of Health & Human Servs. et al, Preventing Tobacco Use Among Young People: A Report of the Surgeon General,
67 (1994).
City Council to declare actions and activities that constitute a public nuisance; and
WHEREAS, zoning regulations are necessary to control the location and operation of the
sale or exchange of tobacco products and tobacco paraphernalia for the protection of public
health, safety and welfare; and
WHEREAS, it is the intent of the City to discourage violations of laws forbidding
distribution of tobacco products to minors, but not to expand or reduce the degree to which the
acts regulated by state or federal law are criminally proscribed; and
WHEREAS, the City intends to declare any violation of this ordinance to be a public
nuisance; and
WHEREAS, violations of this ordinance constitute unfair business practices under
Business & Professions Code Section 17200 et seq; and
WHEREAS, the proliferation of establishments that sell or display tobacco and/or
tobacco paraphernalia, and other items promoting the use of tobacco products may adversely
affect the City’s ability to attract and retain businesses and shoppers in the City.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before
it, as described below, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION I. FINDINGS
A. The foregoing Recitals are true and correct and made a part of this Ordinance.
B. The Record for these proceedings, and upon which this Ordinance is based,
includes without limitation, Federal and State law; the California Environmental Quality Act
(Public Resources Code §§ 21000, et seq. (“CEQA”)) and the CEQA Guidelines (14 California
Code of Regulations § 15000, et seq.); applicable health studies and reports; the South San
Francisco 1999 General Plan and General Plan Environmental Impact Report, including the
2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the
South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for
the Zoning Ordinance Update, including all written comments received; all reports, minutes, and
public testimony submitted as part of the Planning Commission's duly noticed meetings on
December 15, 2011; all reports, minutes, and public testimony submitted as part of the Planning
Commission's duly noticed meetings on February 2, 2012; all reports, minutes, and public
testimony submitted as part of the City Council's duly noticed meetings on February 22, 2012;
and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2).
C. The documents and other material constituting the Record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin.
D. In 2010, the City Council adopted an Initial Study/Negative Declaration (ND07-
0004) (IS/ND) in accordance with the California Environmental Quality Act (CEQA) for the
City-wide Zoning Ordinance Update. The Zoning Ordinance Update included regulations of
commercial uses throughout the City. Therefore, the tobacco retailer regulations were within the
scope of the CEQA review for the Zoning Ordinance Update. All environmental impacts
associated with the Zoning Ordinance Update were found to be “less than significant” or have
“no impact”. This Ordinance contains regulations that would have less impact beyond what is
allowed right now do not constitute “substantial changes” that would require any major revisions
to the IS/ND due to the involvement of new significant impacts or substantially more severe
significant impacts, or require new or considerably different mitigation measures or project
alternatives. Given the fact that the proposed regulations for retail establishments primarily
selling tobacco products and tobacco paraphernalia are more restrictive than the general
commercial use regulations considered by the City, the changes will not result in any new
significant environmental effects or a substantial increase in the severity of any previously
identified effects beyond those disclosed and analyzed in the Initial Study/Negative Declaration
prepared and circulated for the Zoning Ordinance Update. Therefore, no further environmental
review is required at this time.
E. This Ordinance is consistent with the City of South San Francisco 1999 General Plan,
as amended, in that the General Plan, its objectives, policies, and goals do not specifically
address Significant Tobacco Retailers, however this Ordinance would be consistent with the
General Plan’s regulation of commercial businesses. Further, Ordinance is consistent with the
City’s General Plan Policy 2-G-1 which calls for the “protection of residential neighborhoods as
a General Plan Them”…and, “to ensure that existing residential neighborhoods are fully
protected from change elsewhere”; and implementing policy 2-I-9 to “ensure that any design and
development standards and guidelines that are adopted reflect the unique patterns and
characteristics of individual neighborhoods.”
SECTION II. AMENDMENTS.
1. Title 20 of the South San Francisco Municipal Code is hereby amended by renumbering
the current Section 20.350.037, entitled “Taxi and Limousine Services” to Section
20.350.038.
2. Title 20 of the South San Francisco Municipal Code is further amended by adding
Section 20.350.037, entitled “Significant Tobacco Retailers” to read in its entirety as
follows:
20.350.037 Significant Tobacco Retailers
A. Purpose. It is the intent of this section to prevent community-wide adverse economic and
social impacts including increased crime, decreased property values, and the deterioration of
neighborhoods, which can be brought about by the concentration of retail tobacco stores in
close proximity to incompatible uses such as schools for minors, and residentially zones
districts and uses. The City Council finds that it has been demonstrated in various
communities that retail tobacco sales can cause negative impacts. It is, therefore, the purpose
of this section to establish reasonable and uniform regulations to prevent the close proximity
of retail tobacco sales uses, while permitting the location of retail tobacco sales in certain
areas.
B. Applicability. This section applies to the establishment of any Significant Tobacco Retailer,
including the operation of such a business as a new business, relocating of such business, or
the conversion or expansion of an existing business to include the sale of tobacco, tobacco
smoking products or tobacco accessories/paraphernalia as defined by the City of South San
Francisco Municipal Code.
C. Definitions. The following words and phrases, whenever used in this article, shall have
the meanings defined in this section unless the context clearly requires otherwise:
(a) “Residential District” is any area within the city limits that is designated in the City’s
zoning ordinance as one of the following districts: RL, RM, RH, TV-RM, TV-RH, DRL,
DRM, DRH, any residential P.U.D., the Terrabay Specific Plan District, or any
subsequently created zoning district whose primary use is residential in character.
(b) “Significant Tobacco Retailer” means any tobacco retailer whose principal or core
business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by any of
the following: twenty (20%) percent or more of floor area and display area is devoted to the
sale or exchange of tobacco products, tobacco paraphernalia, or both; sixty-seven (67%)
percent or more of gross sales receipts are derived from the sale or exchange of tobacco
products, tobacco paraphernalia, or both; or fifty (50%) percent or more of completed sales
transactions include a tobacco product or tobacco paraphernalia.
(c) “Tobacco Paraphernalia” means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, and any other item designed
for the smoking or ingestion of tobacco products.
(d) “Tobacco Products” means any substance containing any tobacco leaf, including but
not limited to cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, and
smokeless tobacco.
D. Significant Tobacco Retailers. New Significant Tobacco Retailers must apply for and
obtain a Conditional Use Permit. Significant Tobacco Retailers shall be located,
developed, and operated in compliance with the following standards:
1. Location. Significant Tobacco Retailers may only be established and located within
the Mixed Industrial District (MI) throughout the City, or within the Business
Commercial District (BC) east of US 101. Further, the establishment of Significant
Tobacco Retailers must also be subject to the following location requirements:
a. No Significant Tobacco Retailer shall be established or located within
1,000 feet from any existing residential district or use, park, school, or
public facilities serving children, or within 600 feet of any other Significant
Tobacco Retailer.
b. The distances set forth above shall be measured as a radius from property line
to property line without regard to intervening structures.
2. Code Compliance. Significant Tobacco Retailers shall comply with all provisions
of the California Health and Safety Code, the California Building Code, and the
South San Francisco Municipal Code, including this ordinance.
3. Advertising/Display. Significant Tobacco Retailers shall comply with local, state,
and/or federal laws regarding sales, advertising or display of tobacco products and/or
tobacco paraphernalia including posting prominently near the cash register or other
point of sale the legal age to buy tobacco products and/or tobacco paraphernalia, and
checking the identification of all purchasers to ensure they are of legal age.
4. Security. A security plan shall be provided for review and approval by the Chief
Planner and the City of South San Francisco Police Department. The plan shall
provide for adequate security, including a central alarm system to the Police
Department. Bars on windows are prohibited.
5. Permits Required. A Conditional Use Permit for Significant Tobacco Retailers
pursuant to Chapter 20.490 (“Use Permits”) shall be required for all Significant
Tobacco Retailers. It shall be unlawful for any person to operate as a Significant
Tobacco Retailer without first obtaining a Conditional Use Permit, pursuant to this
ordinance.
6. Lawful Business Operation. It shall be a violation of this chapter for any
Significant Tobacco Retailer to violate any local, state, or federal law applicable to
Tobacco Products or Significant Tobacco Retailers as defined by this Ordinance.
7. Positive Identification Required. No Significant Tobacco Retailer shall sell or
transfer Tobacco Products to another person who appears to be under 30 years of age
without first examining the customers’ identification to confirm that the customer is
at least the minimum age under state law to purchase and posses Tobacco Product.
8. Minimum Age for Persons Selling Tobacco. No person who is younger than the
minimum age established by state law for the purchase or possession of Tobacco
Products shall engage in Significant Tobacco Retail Sales.
9. Storage. Tobacco products and/or tobacco paraphernalia shall be secured so that
only store employees have immediate access to the tobacco products and/or tobacco
paraphernalia. Self-service displays are prohibited.
E. Applications. In addition to meeting the standard application requirements in Chapter
20.450 (“Common Procedures”), each application for a Conditional Use Permit to conduct
use under this section shall include, in addition to such other information as reasonably
required by the Chief Planner, a plan for demonstrating the means by which the applicant
will comply with the operating standards as required by this Section.
F. Compliance Monitoring. Compliance with this chapter shall be monitored by Code
Enforcement and the Police Department or his/her designee.
1. The Police Department or his/her designee shall check each Significant Tobacco
Retailers at least once per twelve (12) month period to determine if the Significant
Tobacco Retailer is in compliance with all laws applicable to Significant Tobacco
Retailers, other than those laws regulating youth access to Tobacco Products.
Nothing in the paragraph shall create a right of action in any Significant Tobacco
Retail Store or other person against the City or its agents.
G. Prevention of Sales to Youths.
1. The Police Department or his/her designee shall check each Significant Tobacco
Retailer at least twice per twelve (12) month period to determine whether the
Significant Tobacco Retailer is conducting business in a manner that complies with
laws regulating access to Tobacco Products by youths. Nothing in this paragraph
shall create any right of action in any Significant Tobacco Retailers or other person
against the City or its agents.
2. The City shall not enforce any law establishing a minimum age for Tobacco Product
purchases or possession against a person who otherwise might be in violation of such
law because of the person’s age (“Youth Decoy”) if the potential violation occurs
when:
a. The Youth Decoy is participating in a compliance check supervised by a peace
officer or a code enforcement official of the City.
b. The Youth Decoy is acting as an agent of a person designated by the City to
monitor compliance with this chapter; or
c. The Youth Decoy is participating in compliance check funded in part, either
directly or indirectly through subcontracting, by any County or State agency.
H. Failure to Comply.
1. Failure to comply with the provisions of this section or with any Conditional Use
Permit Condition of Approval is a violation of the Use Permit subject to
enforcement, penalties, and legal procedure as prescribed by Chapter 20.580
(“Enforcement and Abatement Procedures”). Any Conditional Use Permit for
Significant Tobacco Retailers granted in accordance with the terms of this Ordinance
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.
2. Any Conditional Use Permit for Significant Tobacco Retailers may be revoked as
provided by Section 20.580.006 (“Revocation of Permits”).
SECTION III. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall continue in full
force and effect. To this end, provisions of this Ordinance are severable. The City Council of the
City of South San Francisco hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION IV. PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall
be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in
the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption
of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk ’s
Office a certified copy of the full text of this Ordinance along with the names of those City Council
members voting for and against this Ordinance or otherwise voting. This Ordinance shall become
effective thirty days from and after its adoption.
* * * * * * *
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the _____ day of ____________, 2012.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City
Council held the _____ day of _____________, 2012 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Krista Martinelli, City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance
this _____ day of _____________, 2012.
Richard Garbarino, Mayor