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HomeMy WebLinkAboutOrd 792-1979 ORDI)NANCE NO. 792-79 AN INTERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PRO- POSALS RELATED TOGENERAL PLAN AMEND- MENTS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. The purpose of this Ordinance is to prohibit uses which may be in conflict with contemplated zoning proposals related to General Plan Amendment now under study by the South San Francisco Planning Commission. SECTION 2. FINDINGS AND DETERMINATIONS. and determines as follows: 2.1. 2,2. The City Council finds General Plan. The General Plan of the City of South San Francisco adopted by Resolution No. 3825 on December 2, 1963, amended by Resolution No. 5073 on April 21, 1969, and thereafter amended, is a compatible long-term General Plan for the physical development of the City, containing a statement of development policies, includ- ing diagrams and texts setting forth objectives, principles, standards, and planned proposa~ and includes the mandatory elements required by Government Code Section 65302 and certain additional includible elements authorized by Government Code Section 65303,and further casts the pattern of land uses in the City of South San Francisco. General Plan and Zoning Consistency. The City is required to achieve zoning consistency pursuant to Government Code Section 65860 so that the various land uses authorized by the Zoning Ordi- nance are compatible with the objectives, policies, general land uses and programs specified in the General Plan. II 1 II I 2,3, Zoning Ordinance Provisions Which May Not be Compatible. Zoning Ordinance No. 353, as amended, particularly in the following re- cited sections, provide for uses which may not be compatible with the objectives, policies, general land uses and programs of the General Plan now under study.. 3.22(g) 3.52(a) 3.71(b) 3.31(b) 3.52(b) 3.72(a) 3.32(a) 3.61(b) 3.81(b) 3.32(b) 3.62(a) 3.91 3.41(a) 3.62(b) 3.92 3.41(c) 3.62(c) 4.32(f) 3.43(a) 3.62(d) 4.62(f) Ord. No. 511 Ord. No. 528 2.4 Prohibition of Uses Which May Be in Conflict With the Contemplated Zoning Proposal; Exceptions. It is necessary to presently prohibit any uses which may be in conflict with said contemplated zoning proposal for a period of four (4) months from and after the effective date of this Ordinance pending completion of said studies. Except as hereinafter provided those uses which as of the effective date of this Ordinance exist by reason of a duly-issued zoning permit or as a non-conforming use, all of the uses herein designated may con- flict with said contemplated zoning proposal and should be prohibited from and after the effecti've date of this Ordinance to protect the public safety, health and welfare. SECTION 3. USES PROHIBITED. Commencing on the effective date of this Ordinance and continuing to and including the 6th day of October, 1979, which is four (4) months thereafter, the land uses in the zoned districts hereinafter desi'gnated are prohibited subject to the cited exceptions. The sections referred to are the sections of the South San Francisco Zoning Ordinance, I~l i'-rll-;lll e CENTRAL RECORD,5 FILE NO., ~.,...~...~...~~ Ordinance No. 352, adopted August 10, 1954, as amended. When the RPD permit procedures are referred to hereinafter, same shall mean all of the terms and provisions of the RPD sections of the Zoning Ordinance. ZONE DISTRICT PROHIBITED LAND USE R-2 Duplex Family Section 3.22(g); Residential Planned Unit (Triplex), Residential unless the City Planner, Planning Commission or City Council determine that said use development pur- suant to the RPD permit procedures will be com- patible with the contemplated zoning proposal resulting from the General Plan amendments. R-3 Multiple Family Residential Section 3.31(b); all multiple family dwellings and apartment houses as now permitted by said section, except that said uses may be permitted pursuant to the RPD permit procedures. Section 3.32(a) (b); Hote)s, motels, rooming or boarding houses and dwelling groups, and pro- fessional offices and mortuaries as now permitted. C-! Neighborhood Commercial Section 3.41(a); Multiple family dwellings, apart- ment houses and dwelling groups as now permitted by the section. Section 3.41(c); Rooming and boarding houses as now permitted by the section. II I I e CENTRAL RECORD,,.G ZONE DISTRICT C-1 Neighborhood Commercial (cont'd) C-2 Central Commercial PROHIBITED LAND USE Section 3.43 (a); Single family dwellings and dup- plexes as now permitted by the section. Section 3.52(a) (b); Any and all uses permitted by the sections. C-3 Heavy Commercial Section 3.61(b); Uses now permitted by the section, unless the City Planner, Planning Commission or City Council determine that said use will be com- patible with the zoning proposal now under study, in which event said use may be permitted subject to the use procedure. Section 3.62(a); Residential uses as now permitted by the section. Section 3.62(b); Uses now permitted by the section. Section 3.62[c); Signs other than those appurten- ant to any permitted use, including billboards, as now permitted by the section. Section 3.62(d); Residential uses as now permitted by the section. CENTRAL RECORDS ZONE DISTRICT M-1 Industrial M-2 Industrial "U" Unclassified PROHIBITED LAND USE Section 3.71; Wholesale stores and storage as now permitted by the section, unless the City Planner, Planning Commission or City Council determine that the use will be Compatible with the zoning proposal, in which event the use may be permitted subject to a use permit. Sections 3.'72(a) (b); All uses now permitted §y said sections. Sections 3.81(a) (b); All uses now permitted by said sections unless the City Planner, Planning Com- mission or City Council determine that the use will be compatible with the zoning proposal, in which event the use may be permitted subject to a use permit. Sections 3.91; All uses now permitted by said sec- tions, unless the City Planner, Planning Commission or City Council determine that said use wil) be compatible with the zoning proposal now under study, in which event said. use shall be subject to the use permit procedures of this Ordinance or the RPD permit procedures, whichever are applicable. CENTRAL. REC. ORD..G ZONE DISTRICT C-O Commercial Office RPD Residential Planned Development Stonegate Planned Community. Westborough West park Planned Comun~i ty Uni ts Nos. 1 and 2. ?ROHIB ITED.' LAND USE Section 4.62{f)'; multiple-family residential struc- tures as noW permitted by .the section. Section4.32(f);.multiple-family dwellings of over one (1) unit for each fifteen hundred (1500) square feet of land area as now permitted by the section, unless the City Planner, Planning Commission or City'Council determine that said use will be compat- ible with'the zoning proposal now under study, in which event the proposed use shall be subject to the RPD permit procedures. Ordinance No. 528, as amended; all land uses now permitted'by the Ordinance and amendments thereof, unless the City Planner, Planning Commission Or City Council determine ~hat the proposed use is compatible with the zonTng proposal now Under study, in which event said use shall be subject to the RPD permit procedures or use permit'procedures, whichever are applicable. Ordihance No. 511, as amended; ~ll lad uses now permitted by the Ordinance and amendments thereof un- less the city Planner,Planning Commission or City COuncil CE NTRAL RECORDS ZONE DISTRICT Westborough West Park Planned Community Units Nos. 1 and 2 (cont'd) PROHIBITED LAND USE determine that said uses wil! be compatible with the zoning proposal now under study,in which event said use may be permitted subject to RPD permit procedures or use permit procedures, whichever are applicable. SECTION 4. EXCEPTIONS AND EXEMPTION. The Planning Commission may grant an exception from the prohibitions set forth in this Ordinance if the Commission finds (1) an application for the use was filed prior to'the effective date of this Ordinance, (2) all plans, specifications and related documents substantially complying with City ordinances and City standards were filed prior to the effective date of this Ordinance and {3) the use, structure or project.will not materially adversely affect the zoning proposal now under study, or,an exemption if the use, structure or project will not materially adversely affect the zoning proposal now under study. SECTION 5. APPEAL. The applicant for a prohibited use may appeal the Planning Commission's determination regarding an exception or exemption to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the Planning Commission's determination. The City Council shall set a hearing by notice published at least ten (10) days prior to the date of said hearing, and within a reasonable time after the hearing is completed may grant or deny the exception or exemption. SECTION 6. PENALTY: INFRACTION. Any person violating the prohibi- tions of this Ordinance shall be guilty of an infraction and said person C:EN'fRAL punishable by (1) a fine not exceeding Fifty dollars ($50) for a first vio- lation, (2) a fine not exceeding One hundred dollars ($100) for a second vio- lation, and (3) a fine not exceeding Two hundred fifty dollars ($250) for each additional violation within one (1) year. SECTION 7. URGENCY MEASURE. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Government Code Section 65858, in that it is for the immediate preservation of public peace, health and safety and protects the public safety, health andwelfare, The Council finds and declares that the facts set forth in Section 2 of this Ordinance entitled "Findings and Determinations'' constitute the urgency and adopts said Findings and Determinations as a declaration of said facts, in addition to the authorization for this urgency Ordinance set forth in Government Code Section 65858, SECTION 7. PUBLICATIONAND EFFECTIVE DATE. This Ordinance shall be published once as required by law in the ENTERPRISE-JOURNAL, a newspaper of general circulation in the City of South San Francisco, and shall take effect as an urgency measure immediately upon its adoption. Passed and adopted as an urgency Ordinance of the City of SOuth San Francisco in accordance with Government Code Section 65858 at a regular meeting of the City Council of the City of South San Francisco this 6th II I Il I Ifil CENTRAL REC~....: r 4 - ' ~ day of AYES: NOES: ABSENT: June , 1979, by the following vote: Councilmembers Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Hirri and Roberta Cerri Teqlia None None As Mayor of the City of South San Francisco I do hereby approve the foregoing Ordinance this 6th day of June , 1979. CENTRAL RECORDS F,-E .o.: