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HomeMy WebLinkAboutOrd 1342-2004ORDINANCE NO. 1342-2004 AN ORDINANCE AMENDING CHAPTER 20.06 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO MODIFY THE DEFINITION OF "LAUNDRY SERVICES" AND ADD A NEW CATEGORY FOR "LINEN SUPPLY SERVICES" AND AMENDING CHAPTERS 20.22 "C-1 RETAIL COMMERCIAL DISTRICT USE REGULATIONS," AND 20.30 "M-1 INDUSTRIAL DISTRICT USE REGULATIONS" TO INCLUDE "LINEN SUPPLY SERVICES" AS A CONDITIONALLY PERMITTED USE WHEREAS, on April 14, 2004, the City of South San Francisco City Council considered the appeal of the Planning Commission's decision upholding the determination of the Chief Planner that expansion of laundry services use at 915 Linden in the C-1 Retail Commercial Zoning District is inconsistent with the General Plan; and WHEREAS, after public heating and discussion of the issues, the City Council directed staff to prepare a zoning text amendment to define "linen supply services" as a commercial use subject to a conditional use permit; and WHEREAS, in accordance with the City Council's direction, staff analyzed the existing definition of Laundry Services and determined that it does not adequately address linen suppliers who provide retail sales of linen in addition to the traditional linen supply business that stores, launders, ships and receives linen directly from its facility; and WHEREAS, the proposed amendments have been determined to be "Categorically Exempt" under the "General Rule" (CEQA Section 15061 (b) (3)) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed amendments are process-oriented, requiring additional levels of review through the use permit process for each applicable future project, and consequently, there is no possibility that the proposed amendments could have a significant effect on the environment. Therefore, no further environmental review is necessary to adopt the proposed text amendments; and WHEREAS, on May 6, 2004, the Planning Commission held a duly noticed public hearing to consider the proposed text amendments and recommended, by a 7 to 0 vote, that the City Council adopt the amendments as recommended by staff; and WHEREAS, the findings and determinations contained herein are based on City Council's independent review of competent and substantial evidence, both oral and written, contained in the entire record relating to the project, including the minutes and staff reports of the April 14, 2004, City Council meeting; testimony and materials received at the May 6, 2004 duly noticed public hearing of the Planning Commission and the testimony and materials received at the duly noticed public hearing of the City Council conducted on May 26, 2004. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. FINDINGS General Plan: The proposed amendments are consistent with the 1999 General Plan. The General Plan provides in Guiding Policy 20G04 that the City should provide for continued operation of older industrial and commercial businesses at specific locations. The proposed amendment permits the City to allow commercial laundry facilities in specified areas. In order to ensure no conflict between adjacent land uses, a Conditional Use permit must first be obtained. Health, Safety and Welfare: The proposed amendments to the zoning code will not be adverse to the public health, safety or general welfare of the community. Because no use will be permitted as a matter of right within the Commercial District, conditions may be imposed to mitigate any potential adverse impacts associated with linen supply services in an otherwise purely commercial district. SECTION 2. AMENDMENTS Section 20.06.160(d) is amended as follows: "(d) Laundry Services The Laundry Service use type refers to establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as Linen Supply Services or Personal Services. Typical uses include laundry agencies and diaper services." Section 20.06.160(g) is hereby added to Chapter 20.06.160 as set forth below: "(g) Linen Supply Services The Linen Supply Service use type refers to establishments primarily engaged in linen rentals and/or sales, and having an on-site customer showroom in addition to laundering, storage, and ancillary shipping and receiving facilities." Sections 20.22.040(c) of Chapter 20.22 "C-1 Retail Commercial District Use Regulations" and 20.30.030(c) of Chapter 20.30 "M-1 Industrial District Use Regulations" are amended to include "Linen Supply Services" as a conditionally permitted commercial use. SECTION 3. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, 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 4. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 26th day of May 2004. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 9th day of June 2004, by the following vote: AYES: NOES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez, and Vice Mayor Raymond L. Green None. ABSTAIN: None. ABSENT: Mayor Karyl Matsumoto As Mayor of the City of South San Francisco, I do herepy Ordinance this 16th day of June 2004. ATTEST: ' / City Clerk tPP~e l~f°reg°itg k ~- k ~ayor