HomeMy WebLinkAboutOrd. 1497-2015 ORDINANCE NO. 1497-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE MAKING MODIFICATIONS TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER
6.48 (SPECIAL EVENTS) TO CLARIFY EVENT PERMIT
REGULATIONS AND TO CHAPTER 20.340 (TEMPORARY
USES) TO REVISE REGULATIONS AND PERMITTING FOR
SPECIAL EVENTS AND TEMPORARY USES, CITYWIDE
WHEREAS, in July of 2010, the City Council for the City of South San Francisco
("City") adopted a comprehensive update to the City's zoning ordinance, which repealed the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reformatted many then-existing zoning provisions, eliminated inconsistent and outdated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 ("Zoning Ordinance Update"); and,
WHEREAS, since adoption of the Zoning Ordinance Update in July 2010, the City has
identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction;
and,
WHEREAS, the City's Zoning Ordinance establishes regulations for Temporary Uses;
and,
WHEREAS, the City's Special Event Permit Ordinance (SSFMC Chapter 6.48) was
revised and updated in 2010, about the same time as the Zoning Ordinance Update (SSFMC Title
20) was completed; and
WHEREAS, the City staff has since identified areas of overlapping authority between
Chapter 20.340 and Chapter 6.48, and has drafted proposed revisions to the City's Zoning
Ordinance ("Zoning Ordinance Amendment") as well as the City's Special Event Permit
Ordinance; and
WHEREAS, there are a number of different types of events that occur in the City of
South San Francisco that require permits under the Special Event Permit Ordinance; and
WHEREAS, certain types of events subject to the Special Event Permit Ordinance have a
greater impact on the City than other events; and
WHEREAS, due to the variation in special events and the different level of review
required for different types of events, the City has identified revisions to the Special Event
Permit Ordinance permitting process that is more appropriately tailored to the type of event; and
WHEREAS, a more tailored permitting process would be more efficient and less
cumbersome for applicants and City staff; and
WHEREAS, the Zoning Ordinance Amendment also provides modifications to the
Chapter 20.340 in order to provide added flexibility to accommodate construction period impacts
in an effort to retain existing businesses that may otherwise close for an extended period of time
due to the redevelopment of their current location; and
WHEREAS, consistent with General Plan economic development goals for the City to
attract,retain and promote existing businesses;
WHEREAS, the Zoning Ordinance Amendment provides performance standards and
regulations to allow temporary uses for extended periods of time if the use has been relocated
due to construction; and
WHEREAS, the Zoning Ordinance Update 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
Update and concluded that adoption of the Zoning Ordinance Update 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 Zoning
Ordinance Amendment, as they relate to the regulations governing temporary uses, 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 Update, 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. General Findings.
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. 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 December 4, 2014; all reports, minutes, and
public testimony submitted as part of the City Council's duly noticed meeting on January 14,
2015; and any other evidence (within the meaning of Public Resources Code §21080(e) and
§21082.2).
3. 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.
B. Zoning Amendment Findings
1. The proposed zoning amendments are consistent with the adopted General Plan
because they strengthen and promote economic development objectives related to business
attraction, retention and expansion. The proposed text amendments will remain consistent with
the City's General Plan vision for community and economic development and will not impede
achievement of any of the goals, policies, or land use designations established in the General
Plan.
2. The proposed zoning amendments would generally be suitable in terms of access,
size of parcel, relationship to similar or related uses, and other considerations deemed relevant by
the Planning Commission and City Council because appropriate performance standards for
temporary uses have been included and would be applied to projects on a case-by-case basis to
minimize impacts to the adjacent properties and occupants, and parking and traffic circulation.
3. The proposed zoning amendments would not be detrimental to the use of land in
any adjacent zone because any new temporary use would be limited in duration to no longer than
two years and would need to meet all appropriate development standards to minimize impacts to
the adjacent properties and occupants, and parking and traffic circulation.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of the South San Francisco Municipal
Code to read as follows. Sections and subsections that are not amended by this Ordinance are
not included below, and shall remain in full force and effect.
A. Add Section 6.48.005 "Purpose" to Chapter 6.48 to read as follows:
6.48.005 Purpose.
The purpose of this Chapter is to define the types of events which are regulated and/or permitted
within the city of South San Francisco and to outline the application and permitting process for
each type of event subject to this Chapter.
B. Revise Section 6.48.010 "Definitions" to read as follows:
6.48.010 Definitions.
(a) "Applicant" means any person, firm, partnership, corporation, organization, association,
society, club, individual or group of individuals that seeks an event permit from the city, through
the police chief, to host, conduct organize, sponsor,promote, or advertise an event or series of
events governed by this Chapter.
(b) "Corporate event" shall mean any activity, function, or event, conducted entirely within a
business, technology or office park or other corporate or business building, space, or facility,
exclusive of parking, loading, and circulation areas, which activity, function, or event is not open
to the public, and is attended only by the host corporation's employees and/or direct or express
invitees of the host corporation.
(c) "Event" means any organized activity, function or gathering of persons within the city,
including special events, private events, corporate events, and those gatherings exempt from
permit requirements under Section 6.48.040.
(d) "Event permit"means a permit issued for a"special event" or"private event"pursuant to
this Chapter.
(e) "Extraordinary security services" means, as determined by the police chief, that at least
one South San Francisco police officer, or alternatively, private security officer approved by the
police chief, must be present during the event to preserve and protect the safety and welfare of
those in attendance and in the community.
(f) "Open to the public" means during the event,the specific area or premises at which the
event is held are available for use by or accessible to the general public, including without
limitation business invitees, with or without a fee or charge for admission or use of the area or
premises.
(g) "Permitted event" means any event for which a permit is required and/or has been issued
pursuant to this Chapter."
(h) "Persons financially interested"means all persons who share in the profits, on the basis of
gross or net revenue, of the firm,partnership, corporation, association, society, club, individual
or group of individuals that are hosting, providing, maintaining, organizing, allowing,
conducting, promoting or advertising a special event.
(i) "Police chief'means the chief of police of the city of South San Francisco or his or her
designee.
(j) "Private Event"means any one-time activity, function, or event that is likely to be
attended by seventy-five or more people and occurs in a rented or leased hall or other venue and
is contained within the facility or private property and does not impact departments within the
city above and beyond a department's regular day-to-day operations. Private Events include,
without limitation, any non-exempt activity, function, or event, occurring alone or as part of a
business, conducted for the purposes of holding the attention of, gaining the attention of, or
diverting or amusing guests or patrons, such as Birthday parties, Weddings, or ceremonial
events, and meets the following criteria:
(1) The Private Event is not reasonably expected to obstruct, delay, or interfere with the
normal flow of pedestrian or vehicular traffic, or otherwise fail to comply with traffic laws and
controls;
(2) The Private Event is not reasonably expected to require extraordinary security services as
determined by either the police chief or fire chief because there is little threat to the public
peace,health, safety or general welfare;
(3) The Private Event is not reasonably expected to have a common or collective use, purpose
or benefit that would involve the use of, or have an impact on public property or public facilities
and/or the provision of city public safety services in response thereto.
(k) "Special event"means any activity, function or extraordinary event that is likely to be
attended by seventy five or more people and impacts one or more departments within the City,
above and beyond a department's regular day-to-day operations. Special events include without
limitation, any non-exempt activity, function, or event, occurring alone or as part of a business,
conducted for the purposes of holding the attention of, gaining the attention of, or diverting or
amusing guests or patrons (e.g., an assembly, attraction, display, entertainment, demonstration,
carnival, circus, rodeo, or other traveling show, fair, festival, food fair, cook-off, sporting event,
concert or performance, or any other planned occurrence) that is likely to meet any one or more
of the following criteria:
(1) Obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic, or
otherwise fail to comply with traffic laws and controls;
(2) Is reasonably expected to threaten the public peace, health, safety or general welfare, or
otherwise require extraordinary security services, as determined by either the police chief or fire
chief;
(3) Sell or otherwise provide alcoholic beverages, including by any charitable, civic, cultural,
fraternal,patriotic, political, religious, social, or amateur sports organizations; or
(4) Has a common or collective use, purpose or benefit that involves the use of, or has an
impact on, other public property or facilities and/or the provision of city public safety services in
response thereto.
(1) "Special Event Team" means a group of designated representatives from, but not limited
to, the following city departments; police department, fire department,planning department,
building department, water quality control, public works department, code enforcement,
engineering department, and parks and recreation department, who are responsible for evaluating
special event permit applications..
C. Revise Section 6.48.020 "Notification of event required" to read as follows:
6.48.020 Notification of event required.
Except for corporate events and events that are held in a private residence and not open to the
public, every person, firm,partnership, corporation, organization, association, society, club,
individual or group of individuals that intend to host,hold, allow, maintain, organize, conduct,
promote or advertise any event, activity, or function that is reasonably expected to be attended by
at least seventy-five people, regardless of whether the event, activity, or function is a"private
event" or"special event" as defined in Section 6.48.010, shall notify the city police department
at least thirty(30) days prior to the event. Notification shall include the location, date(s) and
time(s) of the event, the names and addresses of the persons charged with managing the event,
the type of event, and the anticipated numbers of attendees.
D. Revise Section 6.48.030 "Special event permit and business license required" to read
as follows:
6.48.030 Special event and private event permit and business license requirements.
It is unlawful for any person to provide, maintain, organize, allow, conduct, promote or
advertise any event constituting a special event or private event without first obtaining an event
permit from the police chief, in accordance with the application procedures outlined in Sections
6.48.050 and 6.48.055. Any facility, establishment, corporation, or organization that hosts, leases
or provides space for any special event or private event must also obtain or have obtained a valid
and current business license from the finance department, in accordance with this title. Any
corporation, organization, or association that organizes, facilitates, advertises or promotes any
special event or private event must also obtain or have obtained a valid and current business
license from the finance department, in accordance with this title. Issuance of a business license,
as required by this Chapter, shall comply with the procedures and be subject to the provisions of
Division I of this title.
E. Revise Section 6.48.040 "Exemptions from special event permit requirement" to
read as follows:
6.48.040 Exemptions from event permit requirements.
The following types of events shall not be required to obtain event permits, provided that, in
the sole discretion of the police chief, no extraordinary security services are required and the
event will not otherwise adversely affect the public health, safety, or welfare.
1. An event attended by seventy-four or fewer persons.
2. An event held in a private residence where no admission is charged and the event is not
advertised or open to the public.
3. An event provided for members and their guests at a private club having an established
membership and which is not advertised to non-members or open to the public. For purposes of
this section, private club means corporations or associations operated solely for objects of
national, social, fraternal, patriotic,political, or athletic nature, membership in which is by
application and for which regular dues are charged, and the advantages of which club belong to
the members, and the operation of which is not primarily for monetary gain.
-4. Religious exercise hosted by a religious entity and held in the religious entity's facility.
5. Events held by commercial recreation uses and eating and drinking establishments that are
currently licensed and operating in accordance with a use permit, to regularly provide specified
entertainment activities at fixed locations in the city. This exemption shall not apply to any party,
other than the lawfully permitted commercial recreation or eating and drinking establishment,
who provides,maintains, organizes, allows, conducts,promotes or advertises any event to be
held on the premises of the lawfully permitted commercial recreation or eating and drinking
establishment.
6. Events, including events not open to the public, held in the restaurant area at full service
restaurants, where the restaurant provides food and beverage services to event attendees who are
served while seated. This exemption shall only apply to dining activities, and shall not apply to
other types of activities, including but not limited to dancing and live entertainment, regardless
of whether such other activities are held in the restaurant area. For purposes of this exemption,
the "restaurant area" shall be the physical location within the establishment where, as part of the
regular course of business, the establishment provides food and beverage services to patrons who
order and are served while seated.
7. Funeral receptions.
8. Corporate events.
9. Events conducted by, sponsored by, or held to exclusively benefit any bona fide club or
organization that is exempt from taxation pursuant to Internal Revenue Code Sections 501(c)(3),
501(c)(4), or 501(c)(6), when all proceeds, if any, arising from such event are used exclusively
for the benevolent purposes of such club or organization.
10. Performances by students at educational institutions, as defined by the Education Code,
where such performances are part of an education or instructional curriculum or program.
11. Book readings,book signings, and similar literary entertainment.
12. Events sponsored or organized by any agency of the city, the county of San Mateo, the
various boards of education, or of any other political subdivision of the state of California, acting
within the scope of their authorized function.
13. Events held in or on a facility, establishment, or area, excluding public rights-of-way, that
the applicant rents, leases,borrows, or otherwise directly contracts for the use of with, the city,
the county of San Mateo, the various boards of education, or of any other political subdivision of
the state of California, provided the events obtain any and all other permits and approvals that
may be required for the event, including without limitation,permits required by Chapter 10.36 of
the South San Francisco Municipal Code.
14. Events held at the South San Francisco Conference Center, provided the organizers of the
event obtain any and all other permits and approvals that may be required for the event.
15. Any other event, series of events and/or specific type of event that is exempted at the
discretion of the police chief, based upon evidence that the event or events will not impact police
services and will not adversely affect public health, safety and welfare.
F. Revise Section 6.48.050 "Application for private event permit" to read as follows:
6.48.050 Application for private event permit.
(a) Private event permit applications shall be filed with the police department of the city of
South San Francisco, not less than thirty(30) days prior to the opening date of the event, except
that the police chief may accept late applications upon:
(1) The showing of good cause by the applicant;
(2) A determination that there is sufficient time for the city to process and investigate the
application; and
(3) If applicable, payment of the late application fee.
(b) Complete applications for a private event permit shall include the following information:
(1) The true names and addresses of all persons organizing or hosting the private event.
(2) If the event is sponsored or promoted by an organization, the name, address, and
telephone number of the organization, and the contact information for a responsible party of
organization. If requested by the police chief, written authorization to apply for an event permit
by an officer of the organization must be submitted with the application.
(3) The nature and purpose of the event.
(4) The exact location and address of the facility, establishment, or area where the applicant
will hold the event, including its boundaries.
(5) Date and estimated start and ending times of the event.
(6) The estimated number of persons attending the event and the maximum number of
persons, if any, to be allowed to attend the event.
(7) The extent and type of advertising and promotion of the event;
(8) Evidence of any required approvals or clearance from the State Alcoholic Beverages
Commission.
(9) Any additional information that the police chief determines is needed to make a
determination as to whether the event will require extraordinary security services, or whether the
event may otherwise adversely impact the public health, safety, or welfare.
(c) Application Fees. Each application for a private event permit shall be accompanied by
payment of, or a receipt showing that applicant has already paid, a nonrefundable processing fee
and, if applicable, any late application fee, as set forth in the master fee schedule of the city
adopted by resolution of the city council.
G. Add Section 6.48.055 "Application for special event permit to read as follows:
6.48.055 Application for special event permit.
(a) Special event permit applications shall be completed and filed with the police department
of the city of South San Francisco, not less than sixty days (60)prior to the opening date of the
event, except that the police chief may accept late applications upon:
(1) The showing of good cause by the applicant;
(2) A determination that there is sufficient time for the city to process and investigate the
application; and
(3) If applicable, payment of the late application fee.
(b) Complete applications for a special event permits shall include the following information:
(1) The true names and addresses of all persons financially interested in the event.
(2) If the event is sponsored or promoted by an organization, the name, address, and
telephone number of the organization, and the contact information for a responsible party of
organization. If requested by the police chief, written authorization to apply for an event permit
by an officer of the organization must be submitted with the application.
(3) The nature and purpose of the event.
(4) The exact location and address of the facility, establishment, or area where the applicant
will hold the event, including its boundaries.
(5) Date and estimated start and ending times of the event.
(6) The estimated number of persons attending the event and the maximum number of
persons, if any, to be allowed to attend the event.
(7) The extent and type of advertising and promotion of the event;
(8) Evidence of insurance in a form and amount acceptable to the city attorney shall be
provided by the applicant, or the facility, establishment, or area in which the event will occur,
prior to the issuance of the permit. Should the event be held on public property, the city, its
officers, agents, employees, and volunteers shall be named as additional insureds and the policy
shall indicate that the insurance is primary and any insurance which may be carried by the city
shall be considered as excess to.
(9) Evidence of any required approvals or clearance from the State Alcoholic Beverages
Commission.
(10) Depending on the size and/or scope of the special event and at the discretion of the police
chief or his designee, one or more of the following items contained within the special event
application may be required:
(a) site plan/route information,
(b) security plan,
(c) parking plan,
(d) marketing plan
(e) medical emergency plan,
(f) handicap accessibility plan,
(g) sanitation and recycling plan
(11) Any additional information that the police chief determines is needed to make a
determination as to whether the event will require extraordinary security services, or whether the
event may otherwise adversely impact the public health, safety, or welfare.
(12) All special event permit applications will be reviewed by the special event team (defined
in 6.48.10 (1) to determine the necessary services to be provided by the city and the applicable
fees associated with those services.
(c) Application Fees. Each application for an event permit shall be accompanied by payment
of, or a receipt showing that applicant has already paid, a nonrefundable processing fee and, if
applicable, any late application fee, as set forth in the master fee schedule of the city adopted by
resolution of the city council.
H. Revise Section 6.48.060 "Conditions on special event permits" to read as follows:
6.48.060 Conditions on event permits.
(a) The police chief may impose conditions on events permits relating to the operation of the
permitted event, and necessary to protect the public health, safety, and welfare. Conditions may
include,but are not limited to:
(1) The days, hours, location, or route of the event;
(2) The area of assembly and disbanding of parade or other event activities occurring along a
route;
(3) Accommodation of pedestrian or vehicular traffic, including restricting the event to only a
portion of a street traversed;
(4) Requirements for the use of traffic cones, delineators or barricades;
(5) Requirements for the provision of first aid or sanitary facilities;
(6) Requirements for use of event monitors, and providing notice of permit conditions to
event participants;
(7) Restrictions on the number and type of vehicles, animals, or structures at the event, and
inspection and approval of floats, structures, and decorated vehicles for safety purposes;
(8) Compliance with animal protection ordinances and laws;
(9) Requirements for use of trash containers, recycling containers, cleanup, and restoration of
the facility, establishment or area;
(10) Requirements for separate entrances, exits, and restroom facilities on the premises, or
other similar restrictions designed to prevent minors from obtaining alcohol are required;
(11) Restrictions on use of amplified sound;
(12) Notification to businesses and residences along the affected street(s);
(13) Compliance with any relevant ordinance or law, including obtaining any legally required
permit or license;
(14) Restrictions on the consumption of alcoholic beverages;
(15) The age of persons allowed to attend the event;
(16) Requirements for extraordinary security services at the event, including how many
security guards are required;
(17) Other similar conditions related to public health, safety and welfare.
I. Revise Section 6.48.070 "Action on applications—Appeal" to read as follows:
6.48.070 Action on applications—Appeal.
(a) The police chief shall either grant, conditionally grant, or deny the application for an
event permit within fifteen days of receiving a complete application. The permit may be denied
for any of the following reasons:
(1) The structure or building is by reason of its physical design unsuited to ready police
inspection; or
(2) The applicant has made any false statement in his or her application; or
(3) The granting of a permit to the applicant in the location applied for would be detrimental
to the public health, safety, or welfare; or
(4) The building or location fails to meet the required or applicable city, county or state
building, zoning or health laws or regulations; or
(5) The specified facility, establishment or area does not meet with the minimum standards,
rules and regulations that have been formally adopted by the State Fire Marshal for the
prevention of fire or for the protection of life and property against fire or panic; or
(6) The facility, establishment or area does not comply with all fire ordinances and/or fire
codes of the city, county or state; or
(7) The structure or building is by reason of its physical design unsuited to ready fire safety
inspection; or
(8) The applicant has not obtained or complied with the conditions of required planning or
zoning approvals or with other existing planning division conditions; or
(9) The applicant has failed or refuses to comply with any city ordinance, regulation or
condition.
(b) Appeal. The action of the police chief in denying an event permit shall be subject to an
appeal to the city manager. A written application for such an appeal must be filed with the city
clerk within ten days after the denial of the permit. Upon failure to file such notice within the
ten-day period, the action of the police chief in denying the permit shall be final and conclusive.
J. Revise Section 6.48.080 "Special event permit possession" to read as follows:
6.48.080 Event permit possession.
The applicant for which an event permit has been approved shall maintain in their possession
during the event, the event permit and any conditions, for inspection by the police and fire
departments upon request.
K. Revise Section 6.48.090 "Security officer(s) required" to read as follows:
6.48.090 Security officer(s) required.
Every organizer of a permitted event shall hire a South San Francisco police officer or private
security officers approved by the city police chief, to be present during the event,unless in the
discretion of the police chief, the hiring of a South San Francisco police officer or private
security officer is not necessary to preserve and protect the health, safety, welfare and morals of
those in attendance and the community. This discretionary waiver will take into consideration the
on-site presence of the permittee's agent(s) during the event, and their ability to control behavior.
If the nature of the permitted event requires hiring of city regular or reserve police officers, the
applicant shall deposit funds with the city's police department to cover projected security costs
prior to issuance of the event permit.
L. Revise Section 6.48.100 "Supervision of special event" to read as follows:
6.48.100 Supervision of permitted event.
Permitted events shall always be supervised continuously during event hours by the permittee or
his/her agent, which shall act in permittee's place and for which the permittee is responsible, or
by the person hiring the facility, establishment, or area regardless of the fact that the person did
or did not give consideration for the hire of the facility, establishment, or area.
M. Revise Section 6.48.110 "Police and fire inspection" to read as follows:
6.48.110 Police and fire inspection.
All permitted events shall be open to city inspection at all times without advance notice.
N. Revise Section 6.48.130 "Lighting" to read as follows:
6.48.130 Lighting.
It is unlawful for any person conducting, maintaining or operating a permitted event or having
charge or control thereof, or for any person employed in and about the same, to hold or conduct,
or to cause or permit to be held or conducted any permitted event unless such event is
illuminated by electric light.
0. Revise Section 6.48.140 "Number of persons allowed in special event" to read as
follows:
6.48.140 Number of persons allowed in permitted event.
The maximum number of persons allowed to attend a permitted event shall be the lesser of(i)
the maximum number of persons allowed in the specified facility, establishment, or area
prescribed in the standards, rules and regulations that have been formally adopted by the State
Fire Marshal for the protection of life and property against fire or panic, or (ii) the number
prescribed in all city fire codes and ordinances, or (iii) the number prescribed by the event
permit.
P. Revise Section 6.48.150 "Public nuisance" to read as follows:
6.48.150 Public nuisance.
No person shall permit, cause, create, conduct or allow to be maintained a public nuisance in,
upon, or in association with any permitted event. In addition to the definition of nuisances set
forth elsewhere in this code, including but not limited to Section 6.48.180, a"public nuisance,"
for the purpose of this chapter, includes boisterous conduct, and loud, unusual and discordant
sounds that cause public annoyance or menace to public comfort, safety or welfare.
Q. Revise Section 6.48.160 "Special event permit suspension and revocation" to read as
follows:
6.48.160 Event permit suspension or revocation.
The police chief shall have the right for cause to revoke or suspend any event permit or
approval, and order the event stopped and terminated. Any revocation, suspension, or
termination of the event, shall be based on any of the grounds upon which the police chief may
deny an event permit, any violation of this chapter, or any violation of the rules and regulations
established by the event permit. Any person whose event permit has been revoked shall not be
eligible to again be issued an event permit for a period of one year from the date the revocation
became final and conclusive. At the discretion of the police chief, any facility, establishment, or
area for which an event permit has been revoked shall not be eligible to host,hold, allow,
maintain, organize, conduct,promote or advertise any event that requires a permit under this
Chapter for a period of one year from the date the revocation became final and conclusive.
R. Revise Section 6.48.170 "Licenses and permits not assignable" to read as follows:
6.48.170 Licenses and permits not assignable.
No business license or event permit issued under the terms of this chapter shall be assignable
or transferable.
S. Revise Section 6.48.180 "Violation—Penalty for violation" to read as follows:
6.48.180 Violation—Penalty for violation.
(a) Any violation of this chapter, including but not limited to providing, maintaining,
organizing, allowing, conducting, promoting or advertising any event that requires a permit
under this Chapter without first obtaining an event permit, or doing so in a manner that conflicts
or is inconsistent with an event permit issued for the event, including allowing more than the
maximum number of persons prescribed by Section 6.48.150 to attend the event, is a threat to the
public peace, health, safety and welfare, and shall constitute a public nuisance.
(b) In the event of a violation of this chapter, the police chief or any police officer at the scene
shall have the discretion and authority to issue a notification and warning, issue a citation for
violation, require the removal of persons from the facility, establishment, or area where the event
is located, prevent persons from entering the facility, establishment, or area where the event is
located, order the event stopped and terminated, and/or take any other action deemed reasonably
necessary to protect the public health, safety, and welfare. The permit applicant and property
owner of the facility, establishment, or area at which the event is located shall be jointly and
severally liable for the actual costs of any and all city services, including police and fire service,
required to enforce and remedy violations of this Chapter. In addition to all other penalties
authorized by this chapter, any person who violates any provision of this chapter is guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.24 of this
code.
T. Revise Section 6.48.190 "Nonwaiver clause" to read as follows:
6.48.190 Nonwaiver clause.
Nothing in this chapter shall relieve a person to whom an event permit is issued from
complying with all other city, county, state and federal health, safety, sanitation, licensing and
other law requirements.
U. Revise Section 20.340.002 "Temporary Uses Not Requiring a Temporary Use
Permit" to read as follows:
20.340.002 Temporary Uses Not Requiring a Temporary Use Permit
The following types of temporary uses may be conducted without a temporary use
permit. Other permits, such as building permits,may be required.
A. Garage Sales. Garage sales of personal property conducted by a resident of the
premises for no more than three consecutive days twice a year.
B. Real Estate Sales. Real estate sales from a manufactured or mobile unit office for the
temporary marketing, sales, or rental of residential, commercial, or industrial
development.
C. Temporary Construction Office Trailers. On-site temporary construction offices
during the period of construction. Screening may be required by the Chief Planner.
D. Seasonal Sales. The annual sales of holiday related items such as Christmas trees,
pumpkins, and similar items may be permitted in accordance with the following
standards:
1. Time Period. Seasonal sales associated with holidays are allowed up to a month
preceding and one week following the holiday. Christmas tree sales are allowed from
Thanksgiving Day through December 31st.
2. Goods, Signs and Temporary Structures. All items for sale, as well as signs and
temporary structures, shall be removed within 10 days after the end of sales, and the
appearance of the site shall be returned to its original state.
E. Special Events Exempt. Special Events, as defined and regulated by Chapter 6.48, are
exempt from the requirements of this Chapter.
V. Revise Section 20.340.003 "Temporary Uses Requiring a Temporary Use Permit" to
read as follows:
20.340.003 Temporary Uses Requiring a Temporary Use Permit
Other temporary uses may be permitted pursuant to Chapter 20.520 ("Temporary Use
Permits"), subject to the following standards. Additional or more stringent requirements may be
established through the Temporary Use Permit process in order to prevent the use from
becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
A. Temporary Commercial Uses. Short term temporary commercial uses, such as
business promotions, outdoor sales, and displays that do not exceed three consecutive days, may
be permitted in accordance with the following standards:
1. Location. Limited to nonresidential districts.
2. Frequency. No more than four Temporary Commercial Uses at one site shall be
allowed within any 12-month period.
3. Signs. Temporary Commercial Uses and sales may include the addition of one
nonpermanent sign up to a maximum size of twenty-four square feet in area, subject to the
requirements of Chapter 20.360 ("Signs").
4. Existing Parking. The available parking shall not be reduced to less than 75
percent of the minimum number of spaces required by Chapter 20.330 ("On-Site Parking and
Loading").
5. Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand
opening events, and other special sales events—are also subject to the following standards:
a. Temporary outdoor sales shall be part of an existing business on the same site.
b. Outdoor display and sales areas must be located on a paved or concrete area on
the same lot as the structure(s) containing the business with which the temporary sale is
associated.
c. Location of the displayed merchandise must not disrupt the normal circulation of
the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or
obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
W. Revise Section 20.340.004 "Temporary Uses Requiring a Minor Use Permit" to read
as follows:
20.340.004 Temporary Uses Requiring a Minor Use Permit
A. Temporary uses, such as business promotions, outdoor sales, and displays that
either 1) exceed three consecutive days, but not more than one month, or 2) do not exceed three
consecutive days but exceed the frequency standards stated in Section 20.340.003(A)(2) of more
than four distinct occurrences at one site may be allowed with the approval of a Minor Use
Permit by the Chief Planner so long as the temporary use is determined to not impact
neighboring uses or otherwise create significant impacts. Further, Temporary Uses that exceed
the frequency standards stated in Section 20.340.003(A)(2) of more than four distinct
occurrences at one site may be permitted with the approval of a Minor Use Permit, provided that
no more than twelve (12) distinct occurrences take place within a twelve month period.
B. Permitted uses that need to be temporarily relocated due to construction activities
may be allowed with the approval of a Minor Use Permit by the Chief Planner. Such uses may
utilize a temporary non-residential structure and/or compatibly zoned site for use as office, retail,
or storage space, subject to appropriate screening, security, trash management,parking, and other
relevant performance standards, as determined by the Chief Planner.
1. Time Period. Permitted uses that are temporarily relocated due to construction
may commence no more than two weeks prior to start of related permitted construction activity
and shall terminate concurrent with issuance of a certificate of occupancy or within two years
from initiation, whichever occurs earlier, and the appearance of the site shall be returned to its
original state, unless the Minor Use Permit stipulates differently.
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 (30) days from and
after its adoption.
* * * * *
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 14th day of January, 2015 by the following vote:
AYES: Councilmembers Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: Councilmember Karyl Matsumoto
ABSTAIN: None
ABSENT: None
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 28th day of January, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
alpTT 0A/ r
Citeerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 28th day of January, 2015.
Rich. d A. Garbarino, Mayor