HomeMy WebLinkAboutOrd. 1409-2009ORDINANCE NO. 1409-2009
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO MAKING FINDINGS AND ESTABLISHING A
DEVELOPMENT MORATORIUM IN A PORTION OF THE
SOUTH EL CAMINO REAL CORRIDOR IN ORDER TO
PREVENT USES INCONSISTENT WITH THE PENDING EL
CAMINO REAL GENERAL PLAN AMENDMENT, THE
CHESTNUT/EL CAMINO REAL SPECIFIC PLAN, AND THE
ZONING ORDINANCE UPDATE
WHEREAS, the City of South San Francisco (the "City") is in the process of developing
a cohesive and comprehensive long-term planning strategy for the El Camino Real corridor; and,
WHEREAS, the City is now preparing the South El Camino Real General Plan
Amendment, which will establish planning strategies and policies for the properties along El
Camino Real, south of Chestnut Avenue; the General Plan Amendment is expected to be
completed by August of 2009; and,
WHEREAS, the City is now preparing the Chestnut/El Camino Real Specific Plan, which
will establish development standards and systematically implement the General Plan's policies,
such as mixed land uses, walkable neighborhoods, compact urban form, transportation and
transit alternatives and a range of housing opportunities; the Specific Plan is expected to be
completed by July of 2010; and,
WHEREAS, the City is now preparing the city-wide Zoning Ordinance Update that will
implement and is consistent with the City's existing General Plan, the proposed South El Camino
Real General Plan Amendment, and the Chestnut/El Camino Real Specific Plan, including
planning objectives of effective use of infrastructure, mixed land uses, walkable neighborhoods
and compact urban form in the El Camino Real corridor; City staff expects to complete the
Zoning Ordinance Update by December of 2009; and,
WHEREAS, the City has spent considerable staff time and financial resources towards
developing the South El Camino Real General Plan Amendment, the Chestnut/El Camino Real
Specific Plan, and the Zoning Ordinance Update; and,
WHEREAS, to protect the City's investment in these planning efforts, ensure that the
City's long-term planning goals and strategies can be achieved in a timely manner, and to avoid
a current and immediate threat to the public health, safety, and welfare, the City proposes
adopting a moratorium on approval of certain land use entitlements for the portion of the El
Camino Real corridor depicted in Exhibit A, attached hereto and incorporated by reference
("Moratorium Area"); and
WHEREAS, a majority of the Moratorium Area is zoned Planned Commercial (P-C) and
Retail Commercial (C-1), and small. segments of the Moratorium Area are zoned Industrial (M-1)
and Open Space (O-S); and,
WHEREAS, the certain land uses and projects in the Moratorium Area would require
discretionary approvals (collectively, "Moratorium Prohibited Uses"); and
WHEREAS, "discretionary approvals" include general plan. amendments, specific plan
adoption and amendments, zoning amendments, subdivisions, conditional use permits, minor use
permits, variances, planned unit developments, and design review; and,
WHEREAS, Moratorium Prohibited Uses in the Moratorium Area, by nature of the fact
that they require such discretionary approvals for the introduction of a new use or exterior
modifications to existing uses, could potentially create conflicts with surrounding land uses, and
would require conditions to ensure compatibility with the neighborhood in which the use is
proposed; and,
WHEREAS, the City Council finds that a temporary stabilization of activities and land
uses within the Moratorium Area, pending completion of the South El Camino Real General Plan
Amendment, the Chestnut/El Camino Real Specific Plan, and the Zoning Ordinance Update, is
critical to the City's ability to successfully implement its immediate and long-term planning and
land use goals for the Moratorium Area, and that any initiation of Moratorium Prohibited Uses
would inhibit these efforts; and,
WHEREAS, the City Council finds that the initiation of Moratorium Prohibited Uses in
the Moratorium Area would pose a current and immediate threat to the public health, safety, and
welfare; and,
WHEREAS, Government Code section 65858 allows the City to immediately protect and
preserve the public peace, health, and welfare by prohibiting any uses that may be in conflict
with a contemplated general plan, specific plan or zoning proposal that the legislative body,
planning commission or planning department is considering; and,
WHEREAS, if adopted, this ordinance would not prohibit continuation of any existing
use in the Moratorium Area, or prohibit approval of building permits for existing land uses and
those land uses permitted in the Moratorium Area, where the improvements for which the
building permit is issued, do not require any discretionary approvals, including maintenance or
repair of an existing building; or prohibit approval of any discretionary approval for a project of
which at least 20% of the residential units would be classified as "affordable housing," as that
term is defined in section 20.125.020 of the City's Municipal Code; and,
WHEREAS, all of the Moratorium Prohibited Uses are permitted or conditionally
permitted in other areas of the City, including but not limited to areas that are zoned Planned
Commercial (P-C), Commercial (C-1), Industrial (M-1), and Open Space (O-S); and,
WHEREAS, the City Council therefore finds that adequate opportunities for development
of the Moratorium Prohibited Uses exist throughout the City, beyond the Moratorium Area
boundaries; and,
WHEREAS, implementing a Moratorium on Moratorium Prohibited Uses within the
Moratorium Area, pending completion of the South El Camino Real General Plan Amendment,
Chestnut/El Camino Specific Plan and the Zoning Ordinance Update, would be consistent with
General Plan guiding policy 3.4-G-2, which is to "Encourage development of a mix of uses, with
pockets of concentrated activity that provide focii and identity to the different parts of El Camino
Real."
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ORDAIN as follows, adopted as an interim ordinance, under the provisions of
California Government Code section 65858:
1. Incorporation of Recitals. The City Council finds that all Recitals are true and
correct and are incorporated herein by reference.
2. Moratorium Imposed. From and after the date of this ordinance, no
discretionary approvals, defined to include general plan amendments, specific plan adoption and
amendments, zoning amendments, subdivisions, conditional use permits, minor use permits,
variances, planned unit developments, and design review, shall be approved for any property
within the Moratorium Area, except that under this moratorium ordinance, (1) building permits
may be approved for existing land uses and those land uses permitted in the Moratorium Area,
where the improvements for which the building permit is issued, do not require any discretionary
approvals, including the maintenance and repair of existing signs, buildings, and structures; and
(2) discretionary approvals may be approved, as necessary, for any project in the Moratorium
Area, of which at least 20% (twenty percent) of the residential units would be classified as
"affordable housing" (as defined in Municipal Code section 20.125.020).
3. Authority; Urgency Statement. This ordinance is an interim ordinance, adopted
as an urgency measure pursuant to Government Code section 65858 and is for the immediate and
long-term preservation of the public peace, health, and welfare. The following facts constitute an
urgency ordinance: The City is currently, and has been for many years, in the process of
developing a general plan amendment, a specific plan and a zoning ordinance update for certain
parcels in the Moratorium Area. Land uses in the Moratorium Area which require discretionary
approvals are of greater likelihood to conflict with the City's long-term planning goals and
policies for the area, as established in the forthcoming the South El Camino Real General Plan
Amendment, Chestnut/El Camino Specific Plan and the Zoning Ordinance Update. Initiation of
these types of uses in the Moratorium Area would frustrate the City's efforts to establish
comprehensive and cohesive planning strategies for the property. It would also be destructive to
the goals of the proposed amended general plan, specific plan and zoning ordinance if, during the
period that these documents are being studied and a subject of public hearings, parties seeking to
evade the operation of these plans and codes were permitted to operate in a manner that might
defeat in whole or in part the ultimate objective of the General Plan Amendment, Specific Plan,
or Zoning Ordinance Update. Accordingly, approval of entitlements for such uses presents a
current and immediate threat to the public health, safety, and welfare.
4. Compliance with California Environmental Quality Act (CEQA). 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 a direct or reasonably foreseeable indirect physical
change in the environment. It temporarily prevents certain physical changes in the environment
pending completion of the City's planning for the Moratorium Area. Furthermore, this urgency
ordinance is categorically exempt from CEQA under Guidelines section 15308 because it is a
regulatory action taken by the City, in accordance with Government Code section 65858, to
assure maintenance and protection of the environment pending completion of the City's planning
for the Moratorium Area.
5. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the 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 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.
6. Effective Date. This ordinance shall become effective immediately upon
adoption, if adopted by at least four-fifths vote of the City Council, and shall be in effect for
forty-five (45) days from the date of adoption, unless extended by the City Council as provided
for in Government Code section 65858.
Introduced at a special meeting of the City Council of the City of South San Francisco,
held the 18th day of June, 2009.
Adopted as an Ordinance of the City of South Francisco at a special meeting of the City
Council held the 18th day of June, 2009 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin,
Mayor Karma Matsumoto
NOES: Vice Mayor Mark Addie¢o
ABSTAIN:
ABSENT:
Nan e
ATTEST: lJ~-~-~
Deputy City C
As Mayor of the City of South San Francisco, I do hereby a rove th foregoing
Ordinance this 18th day of June, 2009. ~ ~
-~ "
Mayor
Exhibit A:
Moratorium Area
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