HomeMy WebLinkAboutPC Meeting 01-14-15 (Reso 2755-2014) - Temp Uses Zoning AmendmentsRESOLUTION NO. 2755-2014
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING MODIFICATIONS TO
THE SOUTH SAN FRANCISCO ZONING CODE RELATED
TO TEMPORARY USES CITYWIDE
WHEREAS, in July of 2010, the City Council for the City of South San Francisco
(“City”) adopted a comprehensive update to the City’s zoning ordinance, which repealed the
then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an
entirely new Title that, among other actions, established new zoning districts, revised and
reformatted many then-existing zoning provisions, eliminated inconsistent and outdated
provisions, and codified entirely new zoning provisions, including new land use regulations and
development standards (“Zoning Ordinance Update”); and,
WHEREAS, since adoption of the Zoning Ordinance Update in July 2010, the City has
identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction;
and,
WHEREAS, the City’s Zoning Ordinance establishes regulations for Temporary Uses;
and,
WHEREAS, the City’s Special Event Permit Ordinance (SSFMC Chapter 6.48) was
revised and updated in 2010, about the same time as the Zoning Ordinance Update (SSFMC Title
20) was completed; and
WHEREAS, the City staff has since identified areas of overlapping authority between
Chapter 20.340 and Chapter 6.48, and has drafted proposed revisions to the City’s Zoning
Ordinance (“Zoning Ordinance Amendment”), and
WHEREAS, the Zoning Ordinance Amendment also provides modifications to the
Chapter 20.340 in order to provide added flexibility to accommodate construction period impacts
in an effort to retain existing businesses that may otherwise close for an extended period of time
due to the redevelopment of their current location; and
WHEREAS, consistent with General Plan economic development goals for the City to
attract, retain and promote existing businesses;
WHEREAS, the Zoning Ordinance Amendment provides performance standards and
regulations to allow temporary uses for extended periods of time if the use has been relocated
due to construction; and
WHEREAS, the Zoning Ordinance Update was adopted after preparation, circulation,
consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance
with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
(“CEQA”), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance
Update and concluded that adoption of the Zoning Ordinance Update 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 Zoning
Amendment, as they relate to the regulations governing temporary uses, are minor in nature, the
adoption of which 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 Update, 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, on December 4, 2014 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
CEQA finding and the proposed zoning ordinance amendments, take public testimony, and make
a recommendation to the City Council on the project.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, 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 EIR; the
South San Francisco Municipal Code; the Zoning Ordinance Text Amendments; and all reports,
minutes, and public testimony submitted as part of the Planning Commission’s duly noticed
December 4, 2014 meeting; and any other evidence (within the meaning of Public Resources
Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco
hereby finds as follows:
SECTION I FINDINGS
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. Exhibit A attached to this Resolution, is incorporated by reference and made a
part of this Resolution, as if set forth fully herein.
3. 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, Susy Kalkin.
B. Zoning Amendment Findings
1. The proposed zoning amendments are consistent with the adopted General Plan
because they strengthen and promote economic development objectives related to business
attraction, retention and expansion. The proposed text amendments will remain consistent with
the City’s General Plan vision for community and economic development and will not impede
achievement of any of the goals, policies, or land use designations established in the General
Plan.
2. The proposed zoning amendments would generally be suitable 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 appropriate performance standards for
temporary uses have been included and would be applied to projects on a case-by-case basis to
minimize impacts to the adjacent properties and occupants, and parking and traffic circulation.
3. The proposed zoning amendments would not be detrimental to the use of land in
any adjacent zone because any new temporary use would be limited in duration to no longer than
two years and would need to meet all appropriate development standards to minimize impacts to
the adjacent properties and occupants, and parking and traffic circulation.
SECTION II RECOMMENDATION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of
the City of South San Francisco hereby makes the findings contained in this Resolution, and
recommends that the City Council adopt an ordinance amending the Zoning Code, as attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the
City of South San Francisco at the regular meeting held on the 4th day of December, 2014 by the
following vote:
AYES: Chairperson Martin, Vice Chairperson Wong, Commissioner Giusti, Commissioner
Khalfin, Commissioner Ochsenhirt, Commissioner Ruiz and Commissioner Zemke
NOES:
ABSTENTIONS:
ABSENT:
Attest: /s/Susy Kalkin
Susy Kalkin
Secretary to the Planning Commission
Exhibit A
Zoning Ordinance Text Amendments Related to Temporary Uses Citywide
ORDINANCE NO. ________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE MAKING MODIFICATIONS TO THE
SOUTH SAN FRANCISCO ZONING CODE RELATED TO
TEMPORARY USES CITYWIDE
WHEREAS, in July of 2010, the City Council for the City of South San Francisco
(“City”) adopted a comprehensive update to the City’s zoning ordinance, which repealed the
then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an
entirely new Title that, among other actions, established new zoning districts, revised and
reformatted many then-existing zoning provisions, eliminated inconsistent and outdated
provisions, and codified entirely new zoning provisions, including new land use regulations and
development standards (“Zoning Ordinance Update”); and,
WHEREAS, since adoption of the Zoning Ordinance Update in July 2010, the City has
identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction;
and,
WHEREAS, the City’s Zoning Ordinance establishes regulations for Temporary Uses;
and,
WHEREAS, the City’s Special Event Permit Ordinance (SSFMC Chapter 6.48) was
revised and updated in 2010, about the same time as the Zoning Ordinance Update (SSFMC Title
20) was completed; and
WHEREAS, the City staff has since identified areas of overlapping authority between
Chapter 20.340 and Chapter 6.48, and has drafted proposed revisions to the City’s Zoning
Ordinance (“Zoning Ordinance Amendment”), and
WHEREAS, the Zoning Ordinance Amendment also provides modifications to the
Chapter 20.340 in order to provide added flexibility to accommodate construction period impacts
in an effort to retain existing businesses that may otherwise close for an extended period of time
due to the redevelopment of their current location; and
WHEREAS, consistent with General Plan economic development goals for the City to
attract, retain and promote existing businesses;
WHEREAS, the Zoning Ordinance Amendment provides performance standards and
regulations to allow temporary uses for extended periods of time if the use has been relocated
due to construction; and
WHEREAS, the Zoning Ordinance Update was adopted after preparation, circulation,
consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance
with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
(“CEQA”), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance
Update and concluded that adoption of the Zoning Ordinance Update 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 Zoning
Ordinance Amendment, as they relate to the regulations governing temporary uses, are minor in
nature, the adoption of which 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 Update, nor do the
refinements, clarifications, and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review.
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 I. FINDINGS.
Based on the entirety of the record as described above, 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 Ordinance.
2. The Record for these proceedings, and upon which this Ordinance is based,
includes without limitation, Federal and State law; 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 1999 General Plan and General
Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001
Supplemental Environmental Impact Report; 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 meeting on December 4, 2014; all reports, minutes, and
public testimony submitted as part of the City Council's duly noticed meeting on January 14,
2015; and any other evidence (within the meaning of Public Resources Code §21080(e) and
§21082.2).
3. 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, Susy Kalkin.
B. Zoning Amendment Findings
4. The proposed zoning amendments are consistent with the adopted General Plan
because they strengthen and promote economic development objectives related to business
attraction, retention and expansion. The proposed text amendments will remain consistent with
the City’s General Plan vision for community and economic development and will not impede
achievement of any of the goals, policies, or land use designations established in the General
Plan.
5. The proposed zoning amendments would generally be suitable 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 appropriate performance standards for
temporary uses have been included and would be applied to projects on a case-by-case basis to
minimize impacts to the adjacent properties and occupants, and parking and traffic circulation.
6. The proposed zoning amendments would not be detrimental to the use of land in
any adjacent zone because any new temporary use would be limited in duration to no longer than
two years and would need to meet all appropriate development standards to minimize impacts to
the adjacent properties and occupants, and parking and traffic circulation.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of the South San Francisco Municipal
Code to read as follows. Sections and subsections that are not amended by this Ordinance are
not included below, and shall remain in full force and effect.
A. Revise Section 20.340.002 “Temporary Uses Not Requiring a Temporary Use
Permit” as follows:
20.340.002 Temporary Uses Not Requiring a Temporary Use Permit
The following types of temporary uses may be conducted without a temporary use
permit. Other permits, such as building permits, may be required.
A. Garage Sales. Garage sales of personal property conducted by a resident of the
premises for no more than three consecutive days twice a year.
B. Real Estate Sales. Real estate sales from a manufactured or mobile unit office for the
temporary marketing, sales, or rental of residential, commercial, or industrial
development.
C. Temporary Construction Office Trailers. On-site temporary construction offices
during the period of construction. Screening may be required by the Chief Planner.
D. Seasonal Sales. The annual sales of holiday related items such as Christmas trees,
pumpkins, and similar items may be permitted in accordance with the following
standards:
1. Time Period. Seasonal sales associated with holidays are allowed up to a month
preceding and one week following the holiday. Christmas tree sales are allowed from
Thanksgiving Day through December 31st.
2. Goods, Signs and Temporary Structures. All items for sale, as well as signs and
temporary structures, shall be removed within 10 days after the end of sales, and the
appearance of the site shall be returned to its original state.
E. Special Events Exempt. Special Events, as defined and regulated by Chapter 6.48, are
exempt from the requirements of this Chapter.
B. Revise Section 20.340.003 “Temporary Uses Requiring a Temporary Use Permit” as
follows:
20.340.003 Temporary Uses Requiring a Temporary Use Permit
Other temporary uses may be permitted pursuant to Chapter 20.520 (“Temporary Use
Permits”), subject to the following standards. Additional or more stringent requirements may be
established through the Temporary Use Permit process in order to prevent the use from
becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
A. Temporary Commercial Uses. Short term temporary commercial uses, such as
business promotions, outdoor sales, and displays that do not exceed three consecutive days, may
be permitted in accordance with the following standards:
1. Location. Limited to nonresidential districts.
2. Frequency. No more than four Temporary Commercial Uses at one site shall be
allowed within any 12-month period.
3. Signs. Temporary Commercial Uses and sales may include the addition of one
nonpermanent sign up to a maximum size of twenty-four square feet in area, subject to the
requirements of Chapter 20.360 (“Signs”).
4. Existing Parking. The available parking shall not be reduced to less than 75
percent of the minimum number of spaces required by Chapter 20.330 (“On-Site Parking and
Loading”).
5. Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand
opening events, and other special sales events—are also subject to the following standards:
a. Temporary outdoor sales shall be part of an existing business on the same site.
b. Outdoor display and sales areas must be located on a paved or concrete area on
the same lot as the structure(s) containing the business with which the temporary sale is
associated.
c. Location of the displayed merchandise must not disrupt the normal circulation of
the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or
obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
C. Revise Section 20.340.004 “Temporary Uses Requiring a Minor Use Permit” as
follows:
20.340.004 Temporary Uses Requiring a Minor Use Permit
A. Temporary uses, such as business promotions, outdoor sales, and displays that
either 1) exceed three consecutive days, but not more than one month, or 2) do not exceed three
consecutive days but exceed the frequency standards stated in Section 20.340.003(A)(2) of more
than four distinct occurrences at one site may be allowed with the approval of a Minor Use
Permit by the Chief Planner so long as the temporary use is determined to not impact
neighboring uses or otherwise create significant impacts. Further, Temporary Uses that exceed
the frequency standards stated in Section 20.340.003(A)(2) of more than four distinct
occurrences at one site may be permitted with the approval of a Minor Use Permit, provided that
no more than twelve (12) distinct occurrences take place within a twelve month period.
B. Permitted uses that need to be temporarily relocated due to construction activities
may be allowed with the approval of a Minor Use Permit by the Chief Planner. Such uses may
utilize a temporary non-residential structure and/or compatibly zoned site for use as office, retail,
or storage space, subject to appropriate screening, security, trash management, parking, and other
relevant performance standards, as determined by the Chief Planner.
1. Time Period. Permitted uses that are temporarily relocated due to construction
may commence no more than two weeks prior to start of related permitted construction activity
and shall terminate concurrent with issuance of a certificate of occupancy or within two years
from initiation, whichever occurs earlier, and the appearance of the site shall be returned to its
original state, unless the Minor Use Permit stipulates differently.
SECTION III. 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 IV. 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 14th day of January, 2015.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the _____ day of ________, 2015 by the following vote:
AYES:_______________________________________________________________________
NOES:_______________________________________________________________________
ABSTENTIONS:_______________________________________________________________
ABSENT:_____________________________________________________________________
Attest:__________________________________
Krista Martinelli, City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this _____ day of ________, 2015.
Mayor
2358545.1