HomeMy WebLinkAboutPC Meeting 03-20-14 (Reso 2743-2014) - Zoning Amendments Lg Format RetailRESOLUTION NO.2743-2014
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING APPROVAL OF ZONING ORDINANCE
TEXT AMENDMENTS TO PROHIBIT SUPERSTORES CITY-WIDE AND TO
PROHIBIT GROCERY USES WITHIN THE EAST OF 101 AREA, INCLUDING
ADDITIONS AND CLARIFICATIONS TO THE FOLLOWING DEFINITIONS:
CONVENIENCE MARKET, LARGE FORMAT RETAIL, GROCERY STORE,
SUPERMARKET, AND SUPERSTORE RESULTING IN AMENDMENTS TO
SECTION 20.620.004 (“COMMERCIAL USE CLASSIFICATIONS”), CHAPTER
20.630 (“TERMS AND DEFINITIONS”), TABLE 20.090.002 (“LAND USE
REGULATIONS – COMMERCIAL, OFFICE AND MIXED USE DISTRICTS),
TABLE 20.100.002 (“LAND USE REGULATIONS – DOWNTOWN
DISTRICTS”), TABLE 20.110.002 (“LAND USE REGULATIONS –
EMPLOYMENT DISTRICTS”), TABLE 20.250.003 (“LAND USE
REGULATIONS – TRANSIT VILLAGE SUB-DISTRICTS”), TABLE 20.270.003
(“LAND USE REGULATIONS – EL CAMINO REAL/CHESTNUT SUB-
DISTRICTS”) AND THE ADDITION OF CHAPTER 20.430 (“PROHIBITION ON
NEW SUPERSTORES”).
WHEREAS, the City Council had expressed concern about the potential impact(s) a
Superstore (Large Format Retail use) which includes a full-service grocery component, might
have on South San Francisco’s current and future grocery market; and
WHEREAS, the City Council (“Council”) directed staff to evaluate and analyze the
potential impact(s) a Superstore (Large Format Retail use) which includes a full-service grocery
component, might have on South San Francisco’s current and future grocery market; and
WHEREAS, staff entered into an agreement with Seifel Consulting to complete a grocery
use economic impact analysis report; and
WHEREAS, on November 14, 2012 staff and Seifel Consulting presented the Grocery
Use Economic Impact Report (October 2012) to Council; and
WHEREAS, the Grocery Use Economic Impact Report (October 2012) concludes that
the addition of a grocery component within a new superstore in the community could translate
into the loss of 5 to 9 percent in grocery sales for existing stores in South San Francisco; and
WHEREAS, the Grocery Use Economic Impact Report (October 2012) also concludes
that a Superstore (Large Format Retail use) with a grocery component could also limit the
community’s ability to attract certain types of grocers in the future; and
WHEREAS, in addition to the Grocery Use Economic Impact Report (October 2012),
staff’s evaluation of Superstore uses within the context of the City’s existing land use
regulations revealed a need to clarify where certain grocery related uses should be situated within
the community and better define the various uses that are permitted, conditionally permitted, or
not permitted; and
WHEREAS, at the November 14, 2012 City Council meeting, Council stated concern
that the City’s Large Format Retail use regulations were not consistent with Council’s
expectations for regulating these types of uses, and Council directed staff to draft an Interim
Ordinance to provide staff time to study potential modifications to the City’s land use
regulations; and
WHEREAS, on December 12, 2012 Council adopted an Interim Ordinance
(“Moratorium”) that established (1) a City-wide moratorium on the issuance of use permits,
building permits, or any other applicable entitlement for large format retail or superstore uses,
and (2) a moratorium on the issuance of use permits, building permits, or any other applicable
entitlement for grocery and supermarket uses in the East of 101 Area; and
WHEREAS, the Moratorium effectively imposed a “pause” on any new Large Format
Retail uses (which by definition include Superstores) City-wide, and Grocery uses in the East of
101 Area; and
WHEREAS, on January 26, 2013, Council approved a 16-month extension of the
Moratorium and said Moratorium will expire on May 26, 2014; and
WHEREAS, in order to further the City’s General Plan vision for the City’s long-range
physical and economic development, the City evaluated the potential impacts of new Superstore
use in the City and Grocery and Supermarket use in the East of 101 Area; and
WHEREAS, given the changes in the retail sector, it is necessary that the Zoning
Ordinance be amended to regulate larger retail establishments appropriately; and
WHEREAS, there is a national trend toward increasing the size of retail outlets and
diversity of products offered at such large-scale discount stores; and
WHEREAS, Superstore uses typically combine a large variety of discount general
merchandise with full-service grocery sales under one roof, thereby often generating more
intense land use and environmental impacts than other large-scale retailers; and
WHEREAS, the establishment of Superstores in the City is likely to negatively impact
the vitality and economic viability of the City’s neighborhood commercial centers by drawing
sales away from traditional supermarkets located in these centers; and
WHEREAS, industry and academic studies indicate Superstores rarely add any retail
services currently not provided within a community, and that the majority of sales growth at a
Superstore comes from a direct shift of spending within a community, which can depress sales
and reduce employment at both existing retailers and grocery stores; and
WHEREAS, Superstores compete directly with existing grocery stores that anchor
neighborhood-serving commercial centers; and
WHEREAS, smaller stores within a neighborhood center rely upon the foot traffic
generated by the grocery store for their existence and in neighborhood centers where the grocery
store closes, vacancy rates typically increase and deterioration takes place throughout the
commercial center; and
WHEREAS, typical Superstore design often adversely affects the viability of small-scale,
pedestrian-friendly neighborhood commercial areas, contributing to blight in these areas; and
WHEREAS, this Ordinance is intended to preserve the City’s existing downtown and
neighborhood-serving shopping centers centrally located within the community; and
WHEREAS, the City’s current distribution of neighborhood shopping centers and the
downtown area provides convenient shopping and employment in close proximity to most
residential zoning districts in South San Francisco, consistent with the General Plan; and
WHEREAS, the distribution of shopping, grocery, and employment creates a land use
pattern that reduces the need for vehicle trips and encourages walking and biking for shopping,
groceries, services, and employment; and
WHEREAS, the development of Superstores within the City would concentrate retail
sales around that superstore’s location, which would depress the neighborhood shopping centers
and downtown area in the City that, thus far, have evenly dispersed sales and provided walkable,
pedestrian-friendly community amenities throughout the City using the concept of
neighborhood-based retail centers; and
WHEREAS, this Ordinance, by prohibiting Superstores, prevents the likelihood of
reduced retail sales, depressed employment and wages, and possible closures or vacancies in
neighborhood-based retail centers consistent with professional and academic analysis; and
WHEREAS, this Ordinance, by prohibiting Superstores, serves as a means for protecting
South San Francisco’s neighborhood-serving and downtown shopping areas; and
WHEREAS, this Ordinance, by prohibiting the establishment of Grocery and
Supermarket uses in the East of 101 Area, where no residential uses currently exist or are
permitted, will ensure that the daily needs of the City’s residents are available by shorter vehicle
trips and to pedestrians and bicyclists; and
WHEREAS, this Ordinance is intended to protect grocery stores in existing neighborhood
centers to prevent a significant change in land use, employment, and traffic patterns throughout
the City; and
WHEREAS, City staff developed the Zoning Ordinance (“Ordinance”) text amendment
(“Amendment”) to remove the land use potential for future Grocery and Supermarket uses within
the East of 101 Area and to prohibit Superstore use City-wide; and
WHEREAS, said Amendment revises or adds definitions and regulations for
Convenience Market, Grocery Store, Supermarket, Large Format Retail, and Superstore uses to
the City’s Zoning Ordinance; and
WHEREAS, the City prepared a Draft Environmental Impact Report (“DEIR”) for the
Large Format Retail/Superstore/Food & Beverage Zoning Ordinance Text Amendment;
WHEREAS, the DEIR was circulated for the required 45-day public comment period on
January 8, 2014 and ended on February 24, 2014 at 5:00pm; and
WHEREAS, the Planning Commission held a lawfully noticed public hearing on
February 6, 2014 to solicit public comment and consider the DEIR, take public testimony, and
provide Commission input on the DEIR; and
WHEREAS, two (2) comments were received on the document and a Final
Environmental Impact Report/Response to Comments (“FEIR”) was prepared by staff; and
WHEREAS, the Planning Commission reviewed and carefully considered the
information in the DEIR and FEIR (“EIR”), and by separate resolution, recommends the City
Council adopt the EIR, as an objective and accurate document that reflects the independent
judgment and analysis of the City in the discussion of the Project’s environmental impacts; and,
WHEREAS, on March 20, 2014 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the EIR
and the proposed entitlements, 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
Large Format Retail/Superstore/Food & Beverage Retail Zoning Ordinance Text Amendment
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 March 20, 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 1 FINDINGS
A. General Findings
1. The foregoing recitals are true and correct.
2. Exhibit A attached to this Resolution – Zoning Ordinance Text Amendments (Exhibit A)
– 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.
4. By Resolution No. ________, the Planning Commission, exercising its independent
judgment and analysis, has recommended that the City Council find that an EIR was
prepared for the Project in accordance with CEQA, which EIR adequately discloses and
analyzes the proposed Project’s potentially significant environmental impacts, its growth
inducing impacts, and its cumulative impacts, and analyzed alternatives to the Project.
B. Zoning Amendments: Prohibit Superstore Use City-wide & Prohibit Grocery Use
East of 101, As Well As Other Associated Amendments to Definitions
1. The proposed zoning district change is consistent with the adopted General Plan because
the Zoning Ordinance Text Amendment will reinforce the General Plan policies, it does
not conflict with any specific plans, and will remain consistent with the City’s overall
vision for community development, economic vitality, neighborhood-based retail and
protection of the downtown area as a center of commercial activity and interaction. None
of the new or revised definitions and land uses will conflict with or impede achievement
of any of the goals, policies, or land use designations established in the General Plan.
2. The subject property is suitable for the uses permitted in the proposed 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 prohibition
of Superstore use City-wide and Grocery and Supermarket uses within the East of 101
Area will remove potential uses from a large number of commercially zoned parcels. In
this case, however, there is no particular subject property to examine as it would require
speculation to determine which specific parcels could potentially be affected by the
proposed text amendment. Staff has determined that the prohibition of Superstore use
City-wide is consistent with General Plan policies, specifically those policies related to
land use and economic vitality. Furthermore, prohibiting Grocery and Supermarket uses
within the East of 101 Area, where residential uses are not allowed, helps ensure the
economic health of both the downtown and neighborhood commercial centers by only
keeping grocery retailers near residential neighborhoods, where strong existing travel-
mode connections exist.
3. The proposed change of zoning district is not detrimental to the use of land in any
adjacent zone because the proposed text amendment removes certain uses from certain
zoning districts in the City. More specifically, the text amendment prohibits Superstore
use City-wide and Grocery and Supermarket uses within the East of 101 Area. Rather
than be detrimental to the use of land in any adjacent zoning district, the proposed text
amendment will preserve the economic vitality of surrounding commercial areas by
preserving existing neighborhood-retail centers that are often anchored by a grocery or
supermarket retailer. Professional analysis by Seifel Consulting, Inc indicates that the
proposed text amendment will not have any likely detrimental impact to the City’s other
zoning districts or zoning districts impacted by the text amendment. Finally, the
proposed text amendment will not be detrimental to the public interest, convenience, or
welfare of the City or land within the City; instead, the proposed text amendment will
support the public interest, as detailed in the General Plan’s economic development and
land use elements.
SECTION 2 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 20th day of March, 2014 by the
following vote:
AYES: Chairperson Martin, Vice Chairperson Wong, Commissioner Giusti,
Commissioner Khalfin, Commissioner Ochsenhirt, Commissioner Sim and
Commissioner Zemke
NOES:
ABSTENTIONS:
ABSENT:
Attest: /s/ Susy Kalkin
Susy Kalkin
Secretary to the Planning Commission
EXHIBIT A
PROPOSED LARGE FORMAT RETAIL/SUPERSTORE/FOOD & BEVERAGE
ZONING ORDINANCE TEXT AMENDMENTS
The proposed text amendments to the Zoning Ordinance are provided below. Note that only the sections
of affected text are provided. The full Zoning Ordinance with proposed text amendments is available on
the City’s website at the following URL: http://ca-
southsanfrancisco.civicplus.com/index.aspx?NID=367 (Additions are identified in underline and
deletions in strikethrough.)
1. Revise “Food and Beverage Sales” definitions (SSFMC Chapter 20.620.004 – Commercial Use
Classifications) to differentiate between “Convenience Market”, “Grocery Store”, and
“Supermarket”. The main differentiator is the size of the establishment.
Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and
consumption. Typical uses include food markets, convenience markets, groceries, liquor stores, and retail
bakeries.
Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food
items, tobacco, magazines, and other household goods, primarily for off-premises consumption and
typically found in establishments with long or late hours of operation and in a relatively small building
that is less than 5,000 gross square feet. This classification includes small retail stores located on the same
parcel as or operated in conjunction with a service station but does not include delicatessens or specialty
food shops. It excludes establishments which have a sizeable assortment of fresh fruits and vegetables or
fresh cut meat.
Grocery Store. Retail establishments that primarily sell food, but also may sell other convenience
and household goods, and could include a delicatessen or specialty food shop, baked goods, frozen foods,
fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy at least 5,000 square feet
dedicated to sales, but not more than 25,000 square feet of gross floor area.
Supermarket. Retail establishments that primarily sell food, but also may sell other convenience
and household goods, and could include a delicatessen or specialty food shop, baked goods, frozen foods,
fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square
feet of gross floor area, but not more than 80,000 square feet of gross floor area.
3. Revise “Retail Sales” definitions (SSFMC Chapter 20.620.004 – Commercial Use Classifications)
to differentiate between “General Sales”, “Firearm Sales”, “Large Format Retail”, and
“Superstore”. Create a new definition for “Superstore”.
Retail Sales.
General Sales. The retail sale or rental of merchandise not specifically listed under another use
classification. This classification includes retail establishments with 80,000 square feet or less of sales
area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware
stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: toys,
hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including
portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic
equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art
supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video
rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales
may be combined with other services such as office machine, computer, electronics, and similar small-
item repairs.
Firearm Sales. An establishment engaged in the selling, dealing in, trading, or transferring
firearms.
Large Format Retail. Retail establishments over 80,000 square feet in size of sales area that sell
merchandise and/or bulk goods primarily for individual consumption, including, but not limited to
department stores, home improvement stores, membership warehouses clubs and superstores which
emphasize bulk sales to the general public as well as to other businesses, and other big box format stores.
Large Format Retail uses may include a limited (5,000 square feet or less) grocery store sales
component. This use type specifically excludes Superstores, as defined by this section.
Superstore. Retail establishments (over 80,000 square feet of sales area) that serve as a one-stop
shopping destination by offering a wide variety of goods and merchandise, often at a discounted
price. They are distinguished by their size, and by the inclusion of grocery sales. Superstores typically
feature a full-service food and beverage retail sales area that exceeds five thousand square feet of the
gross floor area, and could include a delicatessen, baked goods, frozen foods, fruits, vegetables, meats,
cheeses, dairy, and prepared food. A superstore may also feature various business centers, such as a bank,
pharmacy, vision center, pet center, photo center, and prepared food outlet(s).
4. Prohibit new “Superstore” uses in the City by adding a new chapter prohibiting the opening,
establishment, and/or operation of new superstore uses in the City (SSFMC 20.430 – Prohibition on
New Superstores). This amendment will also require the addition of this chapter title in the Zoning
Ordinance Chapter Index.
Chapter 20.430
PROHIBITION ON NEW SUPERSTORES
Sections:
20.430.001 Purpose and Intent
20.430.002 Definitions
20.430.003 Superstores Prohibited
20.430.004 Violation and Enforcement
20.430.001 Purpose and Intent
It is the purpose and intent of this chapter to preclude the opening, establishment, and/or
operation of new superstore uses in the City. (Ord. ____ § _, 2013)
20.430.002 Definitions
The words and phrases included in this section shall have the following meanings, unless it is
clearly apparent from the context that another meaning is intended:
“Superstore” means retail establishments (over 80,000 square feet of sales area) that serve as one-
stop shopping destination by offering a wide variety of goods and merchandise, often offered at a
discount. They are distinguished by their size, and by the inclusion of grocery sales. Superstores typically
feature a full-service food and beverage retail sales area that exceeds five thousand square feet of the
gross floor area, and could include a delicatessen, baked goods, frozen foods, fruits, vegetables, meats,
cheeses, dairy, and prepared food. A superstore may also feature various business centers, such as a bank,
pharmacy, vision center, pet center, photo center, and prepared food outlet(s). Some superstores may also
include gas stations as part of their center. (Ord. ____ § _, 2013)
20.430.003 Superstores Prohibited
A. Superstores are not a permitted use and are 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 superstore within the City.
B. The establishment, maintenance or operation of a superstore 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. ____ § _, 2013)
20.430.004 Violation and Enforcement
The establishment, maintenance or operation of a superstore in violation of, or in noncompliance
with, any of the requirements of this chapter or applicable provisions of the Zoning Code or South San
Francisco Municipal Code, shall be subject to any enforcement remedies available under the law and/or
the City’s Municipal Code. In addition, the City may enforce the violation of this chapter by means of
civil enforcement through a restraining order, a preliminary or permanent injunction or by any other
means authorized by the law. (Ord. ____ § _, 2013)
5. Update the applicable use tables throughout the Zoning Ordinance as identified below:
a. Table 20.090.002 – Land Use Regulations-Commercial, Office, and Mixed Use Districts: Add
subclassifications below “Food and Beverage Retail Sales” to further clarify where in the City each of
these uses are permitted, conditionally permitted or not permitted.
Use Classification CC BPO CMX ECRMX Additional Regulations
Commercial Uses (cont’d)
Food and Beverage Retail
Sales
See sub-classifications below
P P(9) P P
Convenience Market P P(9) P P See Section 20.350.014
Convenience Market
Grocery Store P P(9) P P
Supermarket P P(9) P P
Limitations:
9. Hours of operation 7 am to 7 pm weekdays only except within 400 feet of a BART station
b. Table 20.090.002 – Land Use Regulations-Commercial, Office, and Mixed Use Districts: Update the
section reference for the additional regulations that pertain to “Large Format Retail”
Use Classification CC BPO CMX ECRMX Additional Regulations
Commercial Uses (cont’d)
Retail Sales See sub-classifications below
General Sales P - P P
Large Format Retail C - - C See Section 20.350.022024
Large Format Retail
Off-Price Merchandise C - - C
Second Hand Store C - C C
c. Table 20.100.002 – Land Use Regulations-Downtown Districts: Add subclassifications below “Food
and Beverage Retail Sales” to further clarify where in the City each of these uses are permitted,
conditionally permitted or not permitted.
Use Classification DC DMX DRL DRM DRH Additional Regulations
Commercial Uses (cont’d)
Food and Beverage Retail
Sales
See sub-classifications below
P P - - -
Convenience Market C C - - -
See Section
20.350.013014
Convenience Market
Grocery Store P P - - -
Supermarket P P - - -
d. Table 20.110.002 – Land Use Regulations-Employment Districts: Add subclassifications below “Food
and Beverage Retail Sales” to further clarify where in the City each of these uses are permitted,
conditionally permitted or not permitted.
Use Classification BC BTP FC MI Additional Regulations
Commercial Uses (cont’d)
Food and Beverage Retail Sales
See Sub-classifications below
P MUP C C
Convenience Market P P - P See Section 20.350.013014
Convenience Market
Grocery Store P(1) - C(1) C(1)
Supermarket P(1) - C(1) -
Limitations:
1. Prohibited east of 101
e. Table 20.110.002 – Land Use Regulations-Employment Districts: Update the section reference for the
additional regulations that pertain to “Large Format Retail”
Use Classification BC BTP FC MI Additional Regulations
Commercial Uses (cont’d)
Retail Sales See sub-classifications below
General Sales P P P P
Firearm Sales - - - C
Large Format Retail P - P - See Section 20.350.022024
Large Format Retail
Second Hand Store C - - -
Swap Meet C - - C
f. Table 20.250.003 – Land Use Regulations-Transit Village Sub-Districts: Add subclassifications below
“Food and Beverage Retail Sales” to further clarify where in the City each of these uses are permitted,
conditionally permitted or not permitted. Clarifying the areas where “Grocery Store” and “Supermarket”
uses are permitted, conditionally permitted, or not permitted.
Uses Permitted TV-C TC-R TV-RM TV-RH
Commercial Use Classifications
Food and Beverage Retail Sales
See sub-classifications below
P P - -
Convenience Market P C - - See Section 20.350.013014
Convenience Market
Grocery Store P P - -
Supermarket P P - -
g. Table 20.270.003 – Land Use Regulations-El Camino Real/Chestnut Sub-Districts: Add
subclassifications below “Food and Beverage Retail Sales” to further clarify where in the City each of
these uses are permitted, conditionally permitted or not permitted. Clarifying the areas where “Grocery
Store” and “Supermarket” uses are permitted, conditionally permitted, or not permitted.
Uses Permitted ECR/C-
MXH ECR/C-MXM ECR/C-RH
Commercial Use Classifications
Food and Beverage Retail Sales
See sub-classifications
P P -
Convenience Market P P - See Section 20.350.013014
Convenience Market
Grocery Store P P -
Supermarket P P -
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