Loading...
HomeMy WebLinkAboutOrd 1203-1997ORDINANCE NO. 1203-97 CITY COUNCIL, CITY OF SOUTH SAN FRA/qCISCO, ~TATE OF CALIFORNIA AN INTERIM ORDIN~NCE PROHIBITING THE PROCESSING D~ND APPROVAL OF APPLICATIONS FOR USE PERMITS, VARIANCES OR OTHER LAND USE PERMITS OR ZONING ENTITLEMENTS FOR FREIGHT FORWARDING OPERATIONS WHICH MAY CONFLICT WITH PROPOSED AMENDMENTS TO THE EAST OF 101 AREA PLAN SECTION 1. RECITALS. A. WHEREAS, the City of South San Francisco East of 101 Area Plan ("East of 101 Area Plan") was adopted by the City Council in July, 1994, and constitutes the City's General Plan with respect to the East of 101 Area; and B. WHEREAS, the East of 101 Area Plan currently provides that freight forwarding operations are among the land uses allowed in the Planned Industrial land use category; and C. WHEREAS, the City of South San Francisco has commenced, or intends to commence within a reasonable time, a process designed to update and amend the East of 101 Area Plan to provide that freight forwarding operations are not included within the land uses allowed in the Planned Industrial land use category; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 2. DEFINITION. As used in this Ordinance, the term "freight forwarding operation" shall refer to any warehouse, distribution, freight forwarding, custom brokerage, or other activity involving the transportation, transfer, or storage of raw materials, component parts or finished products to or from international or 'domestic destinations and which activity is not accessory to a primary use. A use is considered "accessory" if it represents 30% or less of the total activity or space of an operation or business. C£NTR;AL RECORI~ SECTION 3. FINDINGS AND PURPOSE. A. Pursuant to Government Code section 65858, the City Council hereby finds that for the following reasons there is a current and immediate threat to the public health, safety, and welfare of its citizens: (1) At the time the East of 101 Area Plan was prepared and adopted, there were approximately 111 freight forwarding operations located within the area governed by the East of 101 Area Plan, including without limitation the Planned Industrial land use category. (2) Since the preparation and adoption of the East of 101 Area Plan, the manner in which manufacturers and other businesses conduct their operations, and expansions conducted at the San Francisco International Airport, have caused a considerable increase in the number of freight forwarding operations located within the area covered by the East of 101 Area Plan. (3) There are currently approximately 172 freight forwarding operations located within the area covered by the East of 101 Area Plan, an increase of approximately 55% within the last five years. Of these, approximately half are located within the Planned Industrial land use category. Approximately 24 new freight forwarding operations have located within the area covered by the East of 101 Area Plan within the last year. (4) While the East of 101 Area Plan provides that the Planned Industrial land use category is intended to contain on-site improvements of generally high quality, and provides that new developments in the East of 101 Area should generally enhance property values and enhance and contribute to the aesthetic character of the East of 10t Area, freight forwarding operations within the Planned Industrial land use category tend to involve buildings of relatively low quality and with few amenities which do not enhance or contribute to the area's property values or contribute to the aesthetic character of the area. (5) The rapid increase in the number of freight forwarding C£NTRAL I~E~CORD~ operations within the Planned Industrial land use category may limit the amount of land available for use as corporate headquarters, research and development facilities and offices. (6) Freight forwarding operations typically generate substantial truck traffic due to the movement of freight in and out of such operations' facilities, while the primary traffic generated by corporate headquarters, research and development facilities and offices is typically automobile and pedestrian traffic. The combination of truck traffic from freight forwarding operations and automobile and pedestrian traffic from other uses in the Planned Industrial land use category presents higher risks of hazards to pedestrians and drivers of automobiles, and truck fumes and noise create an undesirable environment for pedestrians. .(7) Many buildings which now house freight forwarding operations were not originally designed to accommodate the current level of truck traffic and parking, resulting in complaints of trucks partially or wholly obstructing streets and impeding two-way traffic within the areas around such operations. (8) Freight forwarding operations generate no sales tax revenue for the City, whereas more intense land uses which are allowed within the Planned Industrial land use category, such as office parks and research and development facilities may generate substantial sales tax revenue. B. For the reasons set forth above, the City Council further finds, pursuant to Government Code section 65858, that the approval of use permits, variances, or other applicable land use permits or zoning entitlements which are required in order to comply with the City's zoning laws currently in effect within the Planned Industrial zone would result in the threat set forth above to the public health, safety, and welfare. SECTION 4. APPLICATION. While this Ordinance remains in effect, the processing or approval of applications for use permits, variances, or other land use permits or applicable zoning entitlements by freight forwarding operations within the CENTRAl.. RECORDS Planned Industrial District, as defined by Chapter 20.32 of the South San Francisco Municipal Code, shall be prohibited. SECTION 5. SEVERABILITY. A. If any part or provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, 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. B. The City Council hereby finds and 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 6. ENVIRONMENTAL ASSESSMENT. Pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, the City Council declares that this Ordinance is exempt from CEQA based on the following findings: A. This Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. The purpose of this Ordinance is to prohibit, on an interim basis, the processing or approval of specified land use applications by freight forwarding operations which may otherwise be permissible under existing development policies and ordinances, but which could be in conflict with contemplated revisions or amendments to the East of 101 Area Plan which the City intends to study in a reasonable time. This Ordinance does not, in itself, allow the construction of any building or structure. This Ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. B. This Ordinance is covered by the general rule that CEQA applies ! II C~-NTF~AI.. only to projects which have the potential for ca~sing a significant effect on the environment. For the reasons set forth in subparagraph A. of this paragraph, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment, and therefore, the ordinance is not subject to CEQA. SECTION 7. FINDINGS OF URGENCY AND EFFECTIVE DATE. Pursuant to Government Code sections 36934 and 36937, the City Council hereby finds and declares that the facts set forth above constitute an emergency, and finds and declares that this Ordinance is necessary to protect the public health, safety, and welfare from the current and immediate threat which the City Council finds is posed by the potential processing and approval of applications for use permits, variances, or other land use permits or zoning entitlements for freight forwarding uses prior to the completion of the East of 101 Area Plan amendment process which has now commenced, .or which the City of South San Francisco intends to commence within a reasonable time. This Ordinance shall become effective immediately upon adoption, and shall be in effect for forty-five (45) days therefrom, unless extended by the City Council as provided for in Government Code section 65858. CENTRAL RECORD~ Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 23rd day of April , 1997, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Jim Datzman. Eugene R. Mullin, John R. Penna, P~bor~ Yeo and Mayor Jo~3ph A. Fcrnokcs None None None City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 23rd day of April , 1997. J: \W?D\MNRSW\ 405\.ORDI NANC\G ['AMEN D. ORD C~-.NTI~AI. R£C01~13~