HomeMy WebLinkAboutOrd. 1462-2012ORDINANCE NO. 1462-2012
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO MAKING FINDINGS AND ESTABLISHING (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 USES IN THE EAST OF 101 AREA.
WHEREAS, the City of South San Francisco ("City") has an overriding interest in
planning and regulating the use of property within the City. Implicit in any plan or regulation is
the City's interest in maintaining the quality of urban life and providing access to resources and
services near the City's neighborhoods. Providing convenient access to quality grocery uses is
integral to the social, environmental, public health, and economic values of the City's
neighborhoods; and
WHEREAS, the introduction of new large format retail or superstore uses in the City
may adversely affect the City's ability to attract and retain quality grocery stores in the City; and
WHEREAS, the introduction of grocery uses in the East of 101 Area may adversely
affect the City's ability to attract and retain quality grocery stores on the west side of the City,
where the City's residential neighborhoods are concentrated; and
WHEREAS, permitting the introduction of new large for-mat retail or superstore uses in
the City or grocery uses in the East of 101 Area may adversely affect the City's economic
vitality, and may result in threats to public health, safety, or welfare; and
WHEREAS, the City's Zoning Ordinance (SSFMC § 20.620.004) defines Large Format
Retail as "retail establishments (over 80,000 square feet of sales area) that sell merchandise and
bulk goods for individual consumption, including membership warehouse clubs and
superstores."
WHEREAS, the City's Zoning Ordinance (SSFMC § 20.620.004) includes traditional
grocery uses as Food and Beverage Retail 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."
WHEREAS, the South San Francisco Zoning Ordinance allows Large Format Retail uses
"by right" in certain locations in the City, including in the East of 101 Area. When a use is
allowed "by right," it is not subject to a discretionary approval that could impose conditions on
the use; and
WHEREAS, "Superstore" uses are commonly defined as large scale retail uses, that
include a grocery or food sales component; and
WHEREAS, the City's Zoning Ordinance does not separately define or regulate
"Superstore" uses; and
WHEREAS, as a result, Superstore uses with a traditional grocery component may be
pen-nitted "by right" as Large Format Retail in locations where a stand-alone grocery store would
be classified as Food and Beverage Retail Sales, and require a Conditional Use Permit; and
WHEREAS, it is the City's intent, in consideration of other existing and potential uses
within the City, to provide its residents with convenient and efficient access to quality grocery
uses, which will be effectuated by a comprehensive study and possible revisions to the City's
Zoning Ordinance; and
WHEREAS, the City Council finds that issuing use permits, building permits, or other
entitlements for Large Format Retail or Superstore uses throughout the City, or grocery uses in
the East of 101 Area, would pose a current and immediate threat to the public health, safety, or
welfare, since such uses could potentially create conflicts with surrounding land uses and could
conflict with the City's long-term planning goals; and
WHEREAS, the California Constitution, Article XI, section 7, provides cities with the
authority to enact ordinances to protect the health, safety, welfare and morals of their citizens,
and zoning regulations are a permissible exercise of this authority; and
WHEREAS, it is necessary for the City to study the impact such facilities may have on
the public health, safety, and welfare, and the need to potentially revise the City's Zoning
Ordinance; and
WHEREAS, to protect the City's investment in its planning efforts, ensure that the City's
long-term planning goals and strategies can be achieved in an effective and timely manner, and
to avoid a current and immediate threat to the public health, safety, or welfare, the City proposes
adopting a moratorium on the issuance of use permits, building permits, or other entitlements for
Large Format Retail or Superstore uses throughout the City, and grocery uses in the East of 101
Area; and
WHEREAS, Government Code section 65858(b) allows the City to adopt an interim
ordinance that imposes a moratorium on such entitlements in order to protect and preserve the
public peace, health, or welfare; and,
WHEREAS, adoption of this ordinance does not require review under the California
Environmental Quality Act (Pub. Resources, Code, §§ 21000, el seq., "CEQA") based on the
following:
(1) This ordinance is not a "project" within the meaning of section 15378 of
the State CEQA Guidelines, because adoption of a temporary moratorium has no
potential for resulting in either a direct or indirect physical change in the environment.
(2) This ordinance is categorically exempt from CEQA pursuant to section
15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its
police power and in accordance with Government Code section 65858 to assure
maintenance and protection of the environment pending the evaluation and adoption of
contemplated local legislation, regulation and policies.
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. Definitions. For purposes of this Ordinance, Large Format Retail use shall be as
defined in Section 20.620,004 of the South San Francisco Municipal Code, "Grocery" use shall
include traditional grocery stores as contemplated by the Food and Beverage Retail Sales
classification in Section 20,620.004 of the South San Francisco Municipal Code. "East of 101
Area" shall be defined as the area bounded by the San Francisco Bay on the cast side, U.S.
Highway 101 and the rail lines on the west, the City of Brisbane on the north, and San Francisco
International Airport on the south.
3. Moratorium Imposed. In accordance with the authority granted the City of
South San Francisco under Article X1, section 7 of the California Constitution and California
Government Code section 65858, from and after the date of this Ordinance, no use permit,
building permit, or other applicable entitlement shall be approved or issued for any Large Format
Retail or Superstore use within the boundaries of the City, or for any Grocery use in the East of
101 Area.
4. Exception. This Ordinance in not intended to, and shall not prevent an existing
Large Format Retail or Grocery use from obtaining permits necessary to effectuate a minor
modification to an existing use. As used in this Ordinance, "minor modification" shall include
activities such as repairs, and shall not include any expansion or change in nature use,
5, 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 support this
urgency measure: The City has adopted regulations for Large Format Retail and Grocery uses,
but has no specific regulations for Superstore uses, which often include a grocery component
within a Large Format Retail use, As a result, the current Zoning Ordinance may permit grocery
uses as a component of a Large Format Retail use in locations where the City is considering a
policy decision to firnit or regulate the presence of grocery uses. As part of its mandate to
provide for the health and welfare of its citizens, the City desires to maintain a Zoning Ordinance
which provides quality resources in locations convenient to its residents, and to this end, seeks to
support the traditional grocery market in locations convenient to the City's neighborhoods.
Unregulated locating of such Superstore uses may be in conflict with the purpose and intent of
the Zoning Code. Accordingly, there is a current and immediate threat to the public health,
safety, or welfare and the approval or issuance of use permits, building permits, or other
applicable entitlements for Large Format Retail uses City-wide, or Grocery uses in the East of
101 Area, would result in that threat to public health, safety, or welfare. In order to maintain
comprehensive and sound land use planning, the City seeks to study applicable Zoning
Ordinance amendments, use permit requirements, and other land use entitlement requirements
for Superstore uses. Allowing land use entitlements for these uses before the City has an
opportunity to update its regulations could lead to conflicts amongst various land uses and
conflicts with the City's long-term planning goals.
6. Issuance of Land Use Entitlements in Violation of this Moratorium Declared
Public Nuisance. The issuance of use permits, building permits, or other applicable entitlements
for Large Format Retail uses City-wide, or Grocery uses in the East of 1.01 Area, as defined in
this Ordinance, during the duration of this moratorium or any extension thereof, is declared to be
a public nuisance. Violations of this Ordinance may be enforced by any applicable laws or
ordinances, including but not limited to injunctions, or administrative or criminal penalties under
the South San Francisco Municipal Code.
7. 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 study and potential adoption of zoning amendments or policies regulating Large Format
Retail or Superstore uses. 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 consideration of amendments to City's Zoning Ordinance.
8. 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 Rill 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.
9. 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 and after the date of adoption, unless extended by the City Council as
provided for in Government Code section 65858.
Introduced and adopted as an Interim Ordinance of the City of South San Francisco at a
regular meeting of the City Council held the 12'h day of December, 2012, by the following vote:
AYES: Councilmembers Mark Addiego,.. and Richard A. Garbarino,
Ma or Pro Tern Karl Matsumoto and Mayor Pedro Gonzalez
NOES: None
ABSTAIN: None
ATTEST.
x
X italerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 121' day of December, 2012.
Pe r>o Glonzl?ez, or