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HomeMy WebLinkAboutOrd 916-1983FOLLOWS: ORDINANCE NO. 916-83 AN INTERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. PURPOSE. The purpose of this ordinance is to prohibit uses which may be in conflict with contemplated zoning proposals related to a General Plan Amendment now being considered by the South San Francisco City Council. SECTION 2. FINDINGS AND DETERMINATIONS. The City Council finds and determines as follows: 2.1 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, including diagrams and texts setting forth objectives, principals, standards, and planned proposals and includes the mandatory ele- ments required by the relevant sections of the Government Code and certain additional includible elements authorized by relevant sec- tions of the Government Code, and further casts the pattern of land uses in the City of South San Francisco. 2.2 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 Title 20 of the South San Francisco Municipal Code and the Zoning Ordinance are compatible with the objectives, policies, general land uses and programs specified in the General Plan. -1- 2.3 Zoning provisions which may not be consistent with the General Plan. Section 20.44.020 of the South San Francisco Municipal Code and Section 3.81 of Ordinance No. 353, the Zoning Ordinance of the City of South San Francisco, as amended by Section I of Ordinance No. 581, provide for uses which may not be compatible with some of the objectives, policies and programs of the General Plan Amendment now being considered by the City Council. 2.4 Prohibition of Uses Which May Be in Conflict with the Contemplated Zoning Proposal; Exceptions. It is necessary to presently prohi- bit 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 adoption of said General Plan Amendment. Except those uses which as of the effective date of this Ordinance exist by reason of a duly-issued use permit or exist as a legal non-conforming use, all of the uses designated in Section 3 herein may conflict with said contemplated zoning proposal and should be prohibited from and after the effective 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 first day of July, 1983, which is four (4) months thereafter, all of the Land Uses in the M-2 Industrial District permitted by Subsections 20.44.020 A, B, C and E of the South San Francisco Municipal Code and Subsections 3.81(a), (b), (c) and (e) of Ordinance No. 353, as amended, are prohibited subject to the exceptions cited in Section 4 of this Ordinance. -2- SECTION 4. USES PROHIBITED, EXCEPTIONS. Notwithstanding the foregoing, the uses listed in Section 3 of this Ordinance shall be permitted if: a) The Director of Community Development determines that the proposed use will be compatible with the Zoning proposal now being con- sidered by the City Council and will not generate a traffic volume greater than one hundred (100) vehicle trips per day in excess of the number of vehicle trips generated by the prior use of the same parcel(s); or b) The Director of Community Development or Planning Commission deter- mines that said use will be compatible with the zoning proposal now being considered by the City Council, in which event said use shall be subject to first obtaining a use permit which shall be con- ditioned upon reasonable measures designed to mitigate the effects of the proposed use on traffic flow in the M-2 Industrial District and surrounding environs. SECTION 5. 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 may grant an exemption if the use, structure or project will not materially adver- sely affect the zoning proposal now under study. SECTION 6. APPEAL. The applicant for a prohibited use may appeal to the City Council the Planning Commission's determination regarding an exception or exemption; said appeal shall be made by filing a written notice of appeal -3- 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 exemp- tion. SECTION 7. VIOLATIONS, PENALTY. Any person, firm, partnership, cor- poration or association of any kind violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. SECTION 8. 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 and welfare. The Council finds and declares that the facts set forth in Section 2 of this Ordiance entitled "Findings and Determinations" constitute the urgency and adopts said Findings and Determinations as a declaration of said facts, in addition to the authoriza- tion for this urgency Ordinance set forth in Government Code Section 65858. SECTION 9. PUBLICATION AND 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 -4- of the City Council of the City of South San Francisco this 2nd day of March , 1983, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte;: and Roberta Cerri Teglia ¢ouncilmember Gus Nicolopulos NOES: ABSENT: None ATTEST: x~~ ~~ City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 2nd day of March , 1983. -5-