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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 1245812.2 3)dbw ', W 0 m~ 2 N U ~ C O U ~ ~~n~d3 - 2 . _. N3'oNl~ atnloa ' 3 ~~ 0 ~~ 3~,~brV r O~ U r~l~' CJ