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HomeMy WebLinkAboutOrd. 1458-2012ORDINANCE NO. 1458 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE MAKING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING ORDINANCE, RELATED TO PARKING, PUBLIC OR PRIVATE USES IN THE FREEWAY COMMERCIAL (FC) ZONING DISTRICT WHEREAS, in July of 2010, after over two years of preparation and public hearings, the City Council for the City of South San Francisco adopted a comprehensive update to the City's zoning ordinance, which repealed the then- existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and /or correction, including revisions to the City's Chapter regulating parking, public or private uses in the Freeway Commercial zoning district, as further set forth in the Ordinance; and, WHEREAS, the Zoning Ordinance 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 and concluded that adoption of the Zoning Ordinance 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 Ordinance, as they relate to parking, public or private uses in the Freeway Commercial zoning district, 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, 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. The foregoing recitals are true and correct and made a part of this Ordinance. B. 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 August 2, 2012; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on September 12, 2012; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). C. 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. SECTION II. AMENDMENTS. Additions are in double underline and deletions are in . A. Definitions & Use Tables (1) Amend Table 20.110.002 "Land Use Regulations — Employment Districts ", to identify the zoning districts where the use will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows:. Commercial Use Types Use Classification BC BTP FC MI Additional Regulations Parking, Public or Private MUP MUP P(8) C Other Applicable Use Regulations Accessory Uses See Section 20.300.002 Accessory Buildings and Structures Nonconforming Use See Chapter 20.320 Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 20.340 Temporary Uses Limitations: 1. Prohibited east of 101. 2. Subject to state licensing requirements. 3. Only in conjunction with research facility. 4. Limited to locations east of South Airport Boulevard and the Bayshore Freeway. 5. Must be located a minimum of 500 feet from any Residential district. 6. Only within hotels and motels. 7. Must be associated with a hotel or retail use when located within 1000 feet of SFO. 8. Restricted to: —fa)— a) areas located underneath major utility lines or under elevated freeways; or (b) consistent_ with General Plan Policy 3.2 -1 -5, airport- oriented parkin facilities on Produce Avenue that were legally approved prior to 1999. 9. Tasting rooms require Minor Use Permit approval. 10. In accordance with General Plan Policy 3.5 -I -11 and Resolution 84 -97, legally approved freight forwarding, customs brokering, wholesale, warehousing, and distribution uses that existing in 1997 (or were approved prior to July 10, 2000 with a Use Permit) are considered conforming uses and may convert to other industrial uses including wholesale, warehouse, and distribution uses, and may expand within parcel boundaries as they existed at the time Resolution 84 -97 was adopted, subject to meeting the current development standards (Municipal Code); however, said uses may not expand, convert to, re- convert to, or establish a freight forwarding use. 11. Only within enclosed buildings and south of Grand Avenue. 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 days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 22nd day of August, 2012. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 12th day of September, 2012 by the following vote: AYES: Counci_1_m_embers_ Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mavor Pedro Gonzalez NOES: None ABSTAIN: ABSENT: Mavor Richard Garbarino W As Mayor of the City of South San Franc Ordinance this 12`x' day of September, 2012.