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HomeMy WebLinkAboutOrd. 1465-2013ORDINANCE NO. 1465-2013 AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO MAKING FINDINGS AND EXTENDING (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 MORAT ORIUM 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, 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 format 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 permitted "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, a report prepared by Seifel Consulting determined that a new Superstore use in South San Francisco could negatively rinpact the City by decreasing grocery sales at existing stores and limit the community's ability to attract certain types of grocers in the future; and WHEREAS, the City Council finds that issuing use pernfits, 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 ail effective and timely manner, and to avoid a current and immediate threat to the public health, safety, or welfare, the City proposes extending the 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 allows the City to immediately protect and preserve the public safety, health and welfare by prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or intends to study; and WHEREAS, at its December 12, 2.012 meeting pursuant to Government Code section 65858, the City Council lawfully adopted a moratorium on the issuance of use permits, building permits, or any other applicable entitlement for Large Fonnat Retail or Superstore uses City- wide and grocery uses in the East of 101 Area pending study of a potential amendment to the Zoning Ordinance; and WHEREAS, in the time since the moratorium was adopted, South Sail Francisco staff and its consultants have explored for zoning regulations and preferred locations for Superstore, Large Format Retail, and grocery uses; however, additional study is required before staff can submit or recommend a Zoning Ordinance amendment for consideration; and WHEREAS, on January 23, 2013, in accordance with Government Code section 65858(b), the City Council held a properly noticed public hearing to consider extending the moratorium for a period of sixteen (16) months from the date that Ordinance 1462-2012 Would have otherwise expired; and WHEREAS, adoption of this ordinance does not require review under the California Environmental Quality Act (Pub. Resources, Code, §§ 21000, et 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 Extended. In accordance with the authority granted the City of South San Francisco tinder Article X1, section. 7 of the California Constitution and California Government Code section 65858, the moratorium imposed by Ordinance 1462-2012, which provides that no use permit, building permit, or other applicable entitlement shall be approved or issued for any Large Forniat Retail or Superstore use within the boundaries of the City, or for any Grocery use in the East of 101 Area, shall hereby be extended for a period of sixteen (16) months, from the date that Ordinance 1462-2012 would have otherwise expired. 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, which extends the effective period of Ordinance 1462-2012, 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 limit 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. A report prepared by Selfel Consulting determined that a new Superstore use in South San Francisco could negatively impact the City by decreasing grocery sales at existing stores and limit the community's ability to attract certain types of grocers in the future, 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 pen-nits, 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 101 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 (CE QA). This Ordinance is not "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. Fulthen-nore, 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 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. 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 extend the effective period of Ordinance 1462-2012 for a period of sixteen (16) months from the date that Ordinance 1462-2012 would have otherwise expired. Introduced and adopted as an Interim Ordinance of the City of South San Francisco at a regular meeting of the City Council held. the 23rd day of January, 2013, by the following vote., AYES: Councilmembers Mark Addiego, Richard Garbarino, and Pradeep Gupta, Mayor Pro, Tem Matsumoto, and Mayor.Gonzalez NOES: None ABSENT: None ABSTAIN: None ` ATTEST 7 ista 1Vla itin I Ci lerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Interim Ordinance this 23rd day of January, 2013. zv, Pedro Gonzalez, 46or 7)