HomeMy WebLinkAboutOrd. 1554-2018 (18-348)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Ordinance: ORD 1554 -2018
File Number: 18 -348 Enactment Number: ORD 1554 -2018
ORDINANCE AMENDING CHAPTER 20.410 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO PERMIT INDOOR
COMMERCIAL CULTIVATION OF CANNABIS.
WHEREAS, on October 9, 2015, Governor Brown approved the Medical Marijuana and Regulation and
Safety Act ( "MMRSA "), effective January 1, 2016, which established a comprehensive state licensing
and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation,
dispensing, and delivery of medical cannabis and which recognized the authority of local jurisdictions to
prohibit or impose additional restrictions on any such medical cannabis activities; and
WHEREAS, on June 27, 2016, Governor Brown approved Senate Bill 837. which amended the MMRSA
and renamed it the Medical Cannabis Regulation and Safety Act ( "MCRSA "); and
WHEREAS, on November 8, 2016, the voters of the State of California ( "State ") enacted Proposition 64,
the Control, Regulate and Tax Adult Use of Marijuana Act ( "AUMA "); and
WHEREAS, on April 4, 2017, Governor Brown released a budget trailer bill that aimed to reconcile the
existing medical marijuana statutory framework under MCRSA and the recreational statutory framework
adopted under the AUMA. After some revision, the State Senate and Assembly passed a modified
version of the original proposal in the form of AB 110 /SB 94, known as the Medical and Adult -Use
Cannabis Regulation and Safety Act ( "MAUCRSA "), and on June 27, 2017 and the Governor signed it
into law; and
WHEREAS, MAUCRSA uses the term "cannabis" instead of "marijuana "; and
WHEREAS, subject to certain exceptions, MAUCRSA generally establishes a comprehensive system to
legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of
cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis; and
WHEREAS, MAUCRSA permits a city to enact and enforce "reasonable regulations" to regulate the
possession, planting, cultivation, harvesting, drying, or processing of cannabis plants, including the
complete prohibition of such activities outdoors; and
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File Number. 18 -348 Enactment Number., ORD 1554 -2018
WHEREAS, the MAUCRSA created a licensing system whereby on January 1, 2018, the State began
issuing licenses to businesses authorizing them to cultivate, distribute, transport, store, manufacture,
process, and sell cannabis and cannabis products; and
WHEREAS, the MAUCRSA mandates that State licensing authorities shall not approve an application
for a State license if approval of the State license will violate the provisions of any local ordinance or
regulation adopted in accordance with the requirements of MAUCRSA; and
WHEREAS, the MAUCRSA states that nothing in it shall be interpreted to supersede or limit the
authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed
under the MAUCRSA, including completely prohibiting the establishment or operation of one or more
types of businesses licensed under MAUCRSA in the local jurisdiction; and
WHEREAS, on December 13, 2017, the City Council adopted Ordinance No. 17 -1085 amending
Chapter 20.410 of the South San Francisco Municipal Code to prohibit the retail sale and outdoor
cultivation of cannabis; and
WHEREAS, on February 14, 2018, the City Council adopted Ordinance No. 18 -99 amending Chapter
20.410 to permit commercial cannabis manufacturing, testing, distribution, and delivery uses within the
boundaries of the city, create a local application process for the issuance of Operator Permits for those
uses, and prohibit microbusinesses; and
WHEREAS, the City desires to permit indoor commercial cultivation of cannabis subject to certain
restrictions; and
WHEREAS, to permit indoor commercial cultivation uses, the City prepared a Zoning Amendment
( "Amendment ") to the City's zoning ordinance contained in Chapter 20 of the City's Municipal Code
( "Zoning Ordinance "), which would amend Chapter 20.410 of the Zoning Ordinance; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and
adoption of an Initial Study /Mitigated Negative Declaration ( "IS /MND ") in accordance with the
California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ( "CEQA "), in
which the IS /MND analyzed the environmental impacts of adopting the Zoning Ordinance and
concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment
because none of the impacts required to be analyzed under CEQA would exceed established thresholds
of significance; and
WHEREAS, the refinements, clarifications, and /or corrections set forth in this Amendment, as they
relate to permitting indoor commercial cannabis cultivation are minor in nature, the adoption of which
would not
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File Number: 18 -348 Enactment Number: ORD 1554 -2018
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 IS /MND prepared for the
Zoning Ordinance Amendment, nor do the refinements, clarifications, and/or corrections constitute a
change in the project or change in circumstances that would require additional environmental review;
and
WHEREAS, pursuant to Business and Professions Code § 26055(h), adoption of an ordinance, rule or
regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses or
other authorizations to engage in commercial cannabis activity is not subject to CEQA provided that the
ordinance is adopted prior to July 1, 2019 and any specific discretionary review or approval authorized
by said ordinance includes any applicable environmental review. As the Amendment requires each
applicant for an Operator Permit for an indoor commercial cultivation use to obtain a conditional use
permit, which requires applicable environmental analysis and environmental review, adoption of this
Amendment is not subject to CEQA; and
WHEREAS, on March 15, 2018, the Planning Commission for the City of South San Francisco held a
lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take
public testimony, and make a recommendation to the City Council on the Amendment.
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 1. Findings
Based on the entirety of the record as described below, the City Council for the City of South San
Francisco hereby makes the following findings:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Amendment.
2. The record for these proceedings, and upon which this Amendment is based, includes without
limitation, federal and State law; the Medical and Adult -Use Cannabis Regulation and Safety Act
( "MAUCRSA "); the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.
( "CEQA ")) and the CEQA Guidelines (14 California Code of Regulations §§ 15000 et seq.); the South
San Francisco General Plan and General Plan Environmental Impact Report, including all amendments
and updates thereto; 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 March 15, 2018; all reports, minutes, and public testimony submitted as part of the
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File Number: 18 -348
Enactment Number: ORD 1554 -2018
City Council's duly noticed meeting on April 11, 2018; and any other evidence (within the meaning of
Public Resources Code section 21080, subdivision (e) and section 21082.2).
3. The refinements, clarifications, and/or corrections to the Zoning Ordinance as they relate to
permitting indoor commercial cultivation of cannabis uses are minor in nature. Therefore, the adoption
of the Amendment would 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 IS/ND
prepared and circulated for the Zoning Ordinance (2010), nor do the refinements, clarifications, and/or
corrections constitute a change in the project or change in circumstances that would require additional
environmental review.
4. Pursuant to Business and Professions Code § 26055(h), adoption of an ordinance, rule or regulation
by a local jurisdiction that requires discretionary review and approval of permits, licenses or other
authorizations to engage in commercial cannabis activity is not subject to CEQA provided that the
ordinance is adopted prior to July 1, 2019 and any specific discretionary review or approval authorized
by said ordinance includes any applicable environmental review. As the Amendment requires each
applicant for an Operator Permit for an indoor commercial cultivation use to obtain a conditional use
permit, which requires applicable environmental analysis and environmental review, adoption of this
Amendment is not subject to CEQA.
5. 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, Sailesh Mehra.
B. Zoning? Amendment Findings
1. The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning
Amendment will reinforce General Plan policies, and is consistent with the relevant specific plans. The
proposed amendments would permit commercial cannabis activities that are consistent with the City's
economic and land use patterns. Adopting this Amendment would be consistent with the intent of the
City's existing regulations that would serve to protect the public health, safety and welfare of the citizens
of South San Francisco. The permitting of indoor commercial cannabis cultivation will not conflict with
or impede achievement of any of the goals, policies, or land use designations established in the General
Plan.
2. The proposed Zoning Amendment permitting indoor commercial cannabis cultivation uses is
consistent with existing manufacturing, cultivation, and warehousing uses currently operating in the
City. The proposed Zoning Amendment includes detailed regulations for indoor commercial cannabis
cultivation related activities, which are necessary to protect the public health, safety and welfare of the
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File Number: 18 -348
Enactment Number: ORD 1554 -2018
citizens of South San Francisco. The proposed Amendment ensures that subject properties for indoor
commercial cannabis cultivation are suitable for the relevant zone in terms of access, size of parcel,
relationship to similar or related uses, and other considerations deemed relevant by the Planning
Commission and City Council because the proposed Amendment will impose specific distance, safety,
and operational requirements that ensure that these uses will be compatible with existing and future uses
in the City.
3. The proposed Amendment permitting indoor commercial cannabis cultivation will not be
detrimental to the use of land in any adjacent zone because the Amendment imposes specific distance,
safety and operational requirements that ensure that these uses will not have detrimental impacts on
adjacent land uses.
SECTION 2. Amendments
The City Council hereby makes the findings contained in this Ordinance and amends the sections
attached as Exhibit A. Sections and subsections that are not amended by this Ordinance in Exhibit A
shall remain in full force and effect.
SECTION 3. 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 4. 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 (30) days from
and after its adoption.
City of South San Francisco Page 5
File Number: 18 -348
Enactment Number. ORD 1554 -2018
Introduced at a regular meeting of the City Council of the City of South San Francisco held the I Ith day
of April, 2018.
At a meeting of the City Council on 4/25/2018, a motion was made by Mark Addiego, seconded by Pradeep
Gupta, that this Ordinance be adopted. The motion passed.
Yes: 3 Mayor Normandy, Councilmember Gupta, and Councilmember Addiego
No: 1 Mayor Pro Tem Matsumoto
Absent: 1 Coun ' mem f arbar o
Attest b
Martinelli
U24 T,(Joandy, Mayor
City of South San Francisco Page 6
1. Revise Section 20.410.001 as follows:
SECTION 20.410.001 Purpose and Intent
It is the purpose and intent of this Chapter to permit and regulate commercial cannabis
manufacturing, testing, distribution, indoor cultivation, and delivery uses and to preclude the
outdoor cultivation of cannabis, preclude the indoor and mixed-light commercial cultivation of
cannabis, and to preclude the opening, establishment, and/or operation of microbusinesses and
storefront cannabis retail establishments, including medical cannabis cooperatives and collectives,
in the City. Nothing in this Chapter is intended to authorize the cultivation, possession, or use of
cannabis in violation of state or federal law. This Chapter acknowledges that the cultivation of
commercial cannabis activity is illegal under federal law while granting limited immunity from
local prosecution to those medical and nonmedical cannabis activities that do not violate the
restrictions and limitations set forth in this section or California law.
2. Revise Section 20.410.002 as follows:
SECTION 20.410.002 Definitions
“Indoor commercial cannabis cultivation” means cultivation of cannabis for commercial purposes
within a fully enclosed, permanent, secure, structure, including greenhouses and similar structures.
Indoor commercial cannabis cultivation only includes cultivation that exclusively uses artificial
lighting as used for mixed light cultivation licensed pursuant to State law, for commercial cannabis
uses. For the purposes of this Chapter, indoor commercial cultivation does not include cultivation
that is legally conducted pursuant to federally-regulated scientific research.
3. Revise Section 20.410.003 as follows:
SECTION 20.410.003 Cannabis Retail Establishments, and Microbusinesses, and
Outdoor Cultivation Prohibited
A. Storefront Prohibited. A storefront cannabis retail establishment is not a permitted
use and is prohibited in all zones throughout the City. No permit or any other applicable license
or entitlement for use, nor any business license, shall be approved or issued for the establishment,
maintenance or operation of a storefront cannabis retail establishment within the City. This
prohibition shall not apply to a delivery-only retail cannabis operation operating under an issued
state cannabis license for retailers.
B. Microbusiness Prohibited. A microbusiness is not a permitted use and is prohibited
in all zones throughout the City. No permit or any other applicable license or entitlement for use,
nor any business license, shall be approved or issued for the establishment, maintenance or
operation of a Cannabis Microbusiness within the City.
C. Outdoor Cultivation. All outdoor cultivation of cannabis is prohibited in the City.
The prohibition on outdoor cultivation of cannabis applies to cultivation of cannabis for any
reason, including, but not limited to, personal, medical or commercial use. No permit or any other
applicable license or entitlement for use, nor any business license, shall be approved or issued for
the establishment, maintenance or operation of an outdoor cannabis cultivation site within the City.
D. Public Nuisance. The establishment, maintenance or operation of a storefront
cannabis retail establishment, or a microbusiness, or the outdoor cultivation of cannabis within the
City is declared to be a public nuisance and may be abated by the City either pursuant to the South
San Francisco Municipal Code or any other available legal remedies, including, but not limited to,
declaratory relief and civil injunctions.
4. Revise Section 20.410.004 as follows:
20.410.004 Indoor Commercial Cannabis Cultivation
A. All outdoor cultivation of cannabis is prohibited in the City. The prohibition on
outdoor cultivation of cannabis applies to cultivation of cannabis for any reason, including, but
not limited to, personal, medical or commercial use.
B. The outdoor cultivation of cannabis within the City is declared to be a public
nuisance and may be abated by the City either pursuant to the South San Francisco Municipal
Code or any other available legal remedies, including, but not limited to, declaratory relief and
civil injunctions. (Ord. 1548 § 2, 2017)
Indoor Commercial Cannabis Cultivation is permitted in the City subject to the following
requirements:
A. Zones Where Permitted. Indoor commercial cannabis cultivation shall not be permitted
anywhere in the City except east of Highway 101 in the following zoning districts:
Business Commercial (BC), Business Technology Park (BTP), Bay West Cove Specific
Plan District (BWCSPD), Gateway Specific Plan (GSPD), Mixed Industrial (MI), and
Oyster Point Specific Plan District (OPSD).
B. Conditional Use Permit Required. Indoor commercial cannabis cultivation is only
permitted in the zoning districts specified above with a conditional use permit approved by
the Planning Commission.
C. Distance Requirements. Indoor commercial cannabis cultivation sites must be located in
the zoning districts listed in section (A). Indoor commercial cannabis cultivation must also
be located a minimum of 600 feet from residential uses, schools, day care centers and youth
centers. The terms “school”, “day care center” and “youth center” shall have the same
meaning as in State laws related to cannabis.
D. Operational Requirements.
1. Operator Permits. All indoor commercial cannabis cultivation operations must
obtain and maintain a valid operator permit issued by the City pursuant to Section
20.410.009 prior to commencing any commercial cannabis activity for which a
State cannabis license is required.
2. Compliance with Law. All indoor commercial cannabis cultivation activities must
be conducted in accordance with all applicable State laws and regulations, as may
be amended from time to time, and all applicable local laws and regulations.
3. Visibility. All cannabis, cannabis by-products, and any aspect of indoor cannabis
cultivation activities that indicate the type of product(s) being cultivated shall not
be visible from a public right-of-way and/or exterior of a structure.
4. Odor Control. Operators must install and maintain, in good working-order, air
treatment or other ventilation systems to prevent odors generated from the
cultivation of cannabis from being detected within ten (10) feet of the structure in
which commercial cannabis cultivation occurs.
5. Labeling. All finished cannabis products must be labeled in compliance with
applicable State laws and regulations.
6. Artificial Lighting. All commercial cultivation activities must be conducted
exclusively using artificial lighting as licensed pursuant to State law.
7. Permanent Structures Only. All commercial cultivation activities must be
conducted inside permanent, secure structures and may not be conducted in
greenhouses, hoop houses, temporary or other similar structures, including, but not
limited to, tents or modular sheds.
8. Quality Control Personnel. All indoor commercial cannabis cultivation sites must
employ at least one (1) full time quality assurance compliance monitor who shall
not hold a commercial cannabis license or have an ownership interest in a
commercial cannabis licensee or the premises of a commercial cannabis licensee.
9. Renewable Energy Requirements. All indoor commercial cannabis cultivation
operations must satisfy all electrical needs for the operation from renewable energy
sources.
10. Security Plan Requirements for Indoor Commercial Cannabis Cultivation Sites. All
indoor commercial cannabis cultivation sites must implement and maintain a
security plan and surveillance system that complies with the requirements outlined
in Section 20.410.010 herein.
11. Fire Safety Plan Requirements. All indoor commercial cannabis cultivation sites
must comply with the provisions of a fire safety plan ensuring compliance with all
applicable Fire Code and Building Code requirements prepared by a third-party
engineer and approved by the City.
12. Liquid or Solid Wastes. Operators shall not discharge liquids and solids of any kind,
whether directly or indirectly, into a public or private body of water, sewage
system, watercourse, or into the ground, except in compliance with applicable
regulations of the California Regional Water Quality Control Board.
E. Operating Agreement. The City shall require indoor commercial cannabis cultivation
operations to enter into an operating agreement with the City, pursuant to Section
20.410.009 herein.
5. Revise Section 20.410.005 as follows:
SECTION 20.410.005 Commercial Cannabis Manufacturing
Commercial Cannabis Manufacturing is permitted in the City subject to the following
requirements:
A. Zones Where Permitted. Commercial cannabis manufacturing activity shall not be
permitted anywhere in the City except east of Highway 101 in the following zoning
districts: Business Professional (BPO) and Mixed Industrial (MI).
6. Revise Section 20.410.006 as follows:
SECTION 20.410.006 Cannabis Testing Operations
Commercial Cannabis Testing is permitted in the City subject to the following requirements:
A. Zones Where Permitted. Commercial cannabis testing activity shall not be permitted
anywhere in the City except east of Highway 101 in the following zoning districts:
Business Commercial (BC), Business Professional Office (BPO), Business Technology
Park (BTP), Bay West Cove Specific Plan District (BWCSPD), Gateway Specific Plan
(GSPD), Mixed Industrial (MI), and Oyster Point Specific Plan District (OPSD).
7. Revise Section 20.410.007 as follows:
SECTION 20.410.007. Cannabis Distribution Operations
Cannabis Distribution Operations are permitted in the City subject to the following
requirements:
A. Zones Where Permitted.
1. Distribution Permitted. Cannabis distribution operations are permitted to distribute
to other properly licensed and permitted commercial cannabis operations
throughout the City and to other jurisdictions where such activities are permitted.
2. Distribution Facility. Fixed locations for distribution facilities are prohibited
everywhere in the City except east of Highway 101 in the following zoning
districts: Business and Professional Office (BPO), and Mixed Industrial (MI).
8. Revise Section 20.410.009(B) as follows:
SECTION 20.410.009. Operator Permit Requirements
B. Permit Types. Prior to engaging in any commercial cannabis business, individuals
must obtain an operator permit from the City corresponding to the category of activity or
enterprise. The following permit types are available in the City:
1. Commercial Cannabis Manufacturing Permit
2. Commercial Testing Permit
3. Indoor Commercial Cannabis Cultivation Permit
4. Commercial Cannabis Distribution Permit
5. Commercial Cannabis Delivery-Only Permit
9. Revise Table 20.090.002 “Land Use Regulations—Commercial, Office, and Mixed-
Use Districts” as follows:
Use Classification CC BPO CMX ECRMX Additional
Regulations
Commercial Uses
Business Services
P P P P
Commercial Cannabis
Businesses
Cannabis Delivery-
Only Operations - - - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Distribution - C - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis
Manufacturing - C - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Testing - C - -
See Chapter
20.410
“Regulation of
Cannabis
Activities”
10. Revise Table 20.110.002 “Land Use Regulations—Employment Districts” as
follows:
Use Classification BC BTP FC MI Additional
Regulations
Commercial Uses
Business Services
P MUP - P
Commercial Cannabis
Businesses
Cannabis Delivery-
Only Operations C C - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Distribution - _ - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Indoor
Cultivation C C - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis
Manufacturing - _ - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
Cannabis Testing C C - C
See Chapter
20.410
“Regulation of
Cannabis
Activities”
11. Revise Table 20.210.003 “Land Use Regulations—Bay West Cove Specific Plan
District” as follows:
Bay West Cove Planning Area
Uses Permitted 1a 1b 2 3 4 Additional Regulations
Employment Use
Classifications
Cannabis Indoor
Cultivation C - C C -
See Chapter 20.410
“Regulation of
Cannabis Activities”
Cannabis Testing C - C C -
See Chapter 20.410
“Regulation of Cannabis
Activities”
Research and Development P - P P -
12. Revise Table 20.220.003 “Land Use Regulations—Gateway Specific Plan
District” as follows:
Uses Permitted Gateway Specific Plan Zone Additional Regulations
Employment Use Classifications
Cannabis Indoor Cultivation - C C C - See Chapter 20.410 “Regulation of
Cannabis Activities”
Cannabis Testing - C C C - See Chapter 20.410 “Regulation of
Cannabis Activities”
Research and development - P P P P
13. Revise Table 20.230.003 “Land Use Regulations” for the Oyster Point Specific
Plan District as follows:
Uses Classifications Planning Area 1 Planning Area 2
Employment Uses
Cannabis Indoor Cultivation C(7) C(7)
Cannabis Testing C(7) C(7)
Research and Development P P(5)
Notes:
1. Limited to storage, repair and service of water craft, except that Automobile Vehicle Rentals may be approved as
ancillary to a hotel use.
2. Only within hotels.
3. Retail and eating and drinking establishment uses are limited to a total of 40,000 square feet in Planning Area 2.
4. Hotel use is limited to no more than two hotels of up to a total of 350 rooms.
5. Use may be subject to limitations pursuant to terms of an approved Disposition and Development Agreement.
6. Only permitted to be installed on building rooftop—all other equipment and facilities must be inside the primary
structure or an approved and established equipment yard—and subject to Chapter 20.370 (“Antenna and Wireless
Communications Facilities”).
7. See Chapter 20.410 “Regulation of Cannabis Activities”
SECTION 3. 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 4. 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 (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
______ day of _______, 2018.