Loading...
HomeMy WebLinkAboutOrd 923-1983 ORDINANCE NO. 923-83 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 FOLLOWS: 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, principles, standards, and planned proposals and includes the mandatory ele- ments required by the relevant sections 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 Finding of immediate threat to public health, safety or welfare Based upon the foregoing findings, especially as related to major negative traffic impacts that may be generated by such uses, there is a current and immediate threat to the public health, safety or welfare, and the approval of additional subdivisions, rezonings, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with the zoning ordinance of the City of South San Francisco (Title 20 of the South San Francisco Municipal Code) would result in a threat to public health, safety or welfare. 2.5 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. Except those uses which as of the effective date of this Ordinance exist by reason of a duly-issued certificate of occupancy 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. =2- SECTION 3. USES PROHIBITED. Commencing on the effective date of this Ordinance and continuing to and including the fifth (5th) day of August, 1983, which is forty-five days 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 Fran- cisco 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. 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 General Plan Amendment now being considered by the City Council and subsequent zoning changes required by said General Plan Amendment 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) based upon the trip generation criteria contained in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim; or b) The Director of Community Development determines that said use will be compatible with the General Plan Amendment now being con- sidered by the City Council, and subsequent zoning changes required by said General Plan Amendment but that said use will generate a traffic volume in excess of one hundred (100) trips per day based upon the criteria in Exhibit "A", in which event said use shall be subject to first obtaining a use permit which shall be conditioned =3- upon reasonable measures designed to mitigate the effects of the proposed use on traffic flow in the M-2 Industrial District and surrounding environs; or c) The Director of Community Development determines that all required construction drawings and plan check fees for the proposed use were filed with the Building Division prior to the effective date of this Ordinance. SECTION 5. EXEMPTIONS. The Planning Commission may grant an exemption from the prohibitions set forth in this Ordinance if the Commission finds (1) application for all of the necessary entitlements of use listed in Section 2.4 of this ordinance were 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 Amendment now under study. SECTION 6. APPEALS. A. Any action or determination by the Director of Community Development may be appealed only by the applicant's filing with the Secretary of the Plann- ing Commission a written notice of appeal within fifteen (15) days of the date of the action or determination by the Director of Community Development. The Secretary of the Planning Commission, shall set a hearing for the next regular meeting of the Planning Commission for which the agenda has not yet "closed" and shall publish notice of said hearing at least ten (10) days prior to the date of said hearing, and within a reasonable time after the hearing is completed, the Planning Commission shall affirm or reverse the action or deter- mination of the Director of Community Development. -4= B. The applicant for a prohibited use may appeal to the City Council the Planning Commission's determination of any matter contemplated in this Ordi- nance; said appeal shall be made by filing a written notice of appeal with the City Clerk within fifteen (15) days after the Planning Commission's determina- tion. 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 shall affirm or reverse the decision of the Planning Commission. SECTION 7. VIOLATIONS, PENALTY. Any person, firm, partnership, corpora- tion or association of any kind violating any of the provisions of this Ordi- nance 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 Ordinance 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 an adj. reqular meeting of -5- the City Council of the City of South San Francisco this 23rd day of June 1983, by the following vote: AYES: Councilmembers Mark N. Addie§o, Emanuele N. Damonte, Gus Nicolopulos and Roberta Cerri Teglia NOES: Ronald G. Acosta ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 23rd day of June , 1983. -6- EXHIBIT "A" TO ORDINANCE NO. 923-83 Land Use Industrial (composite) Truck Terminal General Light Industrial General Heavy Industrial Manufacturing Industrial Park Warehousing Hotel Motel General Office Office Park Quality Restaurant High Turn-Over Sitdown Restaurant Drive-In Restaurant Average Trip Rate Per 1,000 Gross Square Feet 5.43 9.86 5.46 1.50 3.99 7.26 4.5 10.50 (Per Room) 10.14 (Per Room) 12.30 20.65 56.30 164.40 553.00 The following typical example would apply to a 50,000 square foot industrial building which contains 10% office, 10% manufacturing/assembly and 80% warehousing: Average Trip Rate per Square 1000 Sq. Ft. of Gross Trip Use Feet F1 oor Area Generation Office 5,000 12.30 61.50 Manufacturing 5,000 3.99 19.95 Warehousing 40,000 4.5 180.00 261.45 In this case, the total trip generation would be 262 trips per day and the proposed use would require a Use Permit under the Interim Ordinance. The source of these rates is a report entitled "Trip Generation Second Edition - 1979" prepared by the Institute of Transportation Engineers. A copy of this report, including use definitions and variations of the above listed rates, has been placed in the Interim Ordinance file located in the Department of Community Development, 400 Grand Avenue, South San Francisco, California 94080.