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HomeMy WebLinkAboutOrd 952-1984ORDINANCE NO. 952-84 AN INTERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1~ PURPOSE. The purpose of this ordinance is to prohibit uses which may conflict with contemplated zoning proposals related to a General Plan Amend- ment now being considered by the South San Francisco City Council~ SECTION 2. FINDINGS AND DETERMINATIONS. The City Council finds and deter- mines as follows: 2~1 General Plan~ The General Plan of the City of South San Francisco adopted by Resolution No. 3825 on December 2, 1963, amended by Resolution No~ 5073 on April 21, 1969, and thereafter amended, is a compatible long-term General Plan for the physical development of the City, containing a state- ment of development policies, including diagrams and texts setting forth objectives, principles, standards, and planned proposals and includes the mandatory elements required by the relevant sections of the Government Code, and further casts the pattern of land uses in the City of South San Francisco~ 2,2 General Plan and Zoning Consistency. The City is required to achieve zoning consistency pursuant to Government Code Section 65860 so that the various land uses authorized by Title 20 of the South San Francisco Muni- cipal Code and the Zoning Ordinance are compatible with the objectives~ policies, general land uses and programs specified in the General Plan. 2.3 "Area of Special Concern" Designated~ The area in the R-3 (Restricted Multiple Family Residential) and in the R-2 (Duplex Residential) Zone Districts generally bounded by the centerlines of Orange Avenue, Grand Avenue, Spruce Avenue and Tamarack Lane, but excluding Assessor's Parcel No. 012-282-540, and more particularly described as shown on the map attached hereto as Exhibit "A" and by this reference incorporated herein as though set forth verbatim, is hereby determined to be an "Area of Special Concern" which is characterized as an established and well main- tained low density residential neighborhood. It is in the best interest of the City's property owners and residents to preserve the low density residential character of said Area of Special Concern to the degree now possible, recognizing that some duplex and multiple family residen- tial development has occurred in said Area of Special Concern over the past years. 2.4 Zoning provisions which may not be consistent with the General Plan~ (a) The area of Special Concern described in Section 2.3 above is located in the R-2 ("Duplex Residential") and R-3 ("Restricted Multiple Family Residential") Zone Districts, and contains parcels designated "Medium High Density Residential" and "High Density Residential" in the current Land Use Element of the'General Plan. Further, a draft of an amendment to said Land Use Element currently scheduled for adoption, designates said Area of Special Concern as a "High Density Residential" land use. Nevertheless, the City Council has already begun a study of the appropriateness of redesig- nating the Area of Special Concern as Low Density Residential land use as an additional amendment to the Land Use Element to be under- taken within the next twelve months. (b) The provisions of Sections 20~20~020, 20.20~030, 20.24~020 and 20~24~030 of the South San Francisco Municipal Code and of Sections 3~21, 3~22, 3~31 and 3~32 of Ordinance No. 353, entitled "The Zoning Ordinance of the City of South San Francisco" as amended from time to time prior to the effective date of this Ordinance, provide for uses which may not be compatible with the General Plan Amendment currently being studied by the City Council to redesignate the Area of Special Concern as Low Density Residential and to sub- sequently rezone said area of Special Concern as a low density residential zone district. 2.5 Finding of immediate threat to public health, safety or welfare. Based upon the foregoing findings, there is a current and immediate threat to the public health, safety or welfare, and the approval of additional subdivisions, rezonings, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with the Zoning Ordinance of the City of South San Francisco (Title 20 of the South San Francisco Municipal Code) would result in a threat to public health, safety or welfare. 2~6 Prohibition of Uses Which May be in Conflict with the Contemplated Zoning Proposal; Exceptions, It is necessary to presently prohibit any uses in the Area of Special Concern which may be in conflict with said contemplated zoning proposal~ Except those uses which as of the effec- tive date of this Ordinance exist by reason of a duly-issued certificate of occupancy or exist as a legal non-conforming use, all of the uses designated in Section 3 herein may, if allowed in the Area of Special Concern, conflict with said contemplated zoning proposal and should be prohibited from and after the effective date of this Ordinance to pro- tect the public safety, health and welfare. SECTION 3~ USES PROHIBITED~ Commencing on the effective date of this Ordi- nance and continuing to and including the twenty seventh (27th) day of July~ 1984, which is forty-five days thereafter, all of the Land Uses in the Area of Special Concern as described in Section 2.3 above, which Land Uses are permitted by Sections 20.20~020, 20.20.030, 20.24~020 and 20~24.030 of the South San Francisco Municipal Code and Sections 3.21, 3.22, 3,31 and 3.32 of Ordinance No. 353, as amended, are prohibited subject to the exceptions cited in Section 4 of this Ordinance. SECTION 4, USES PROHIBITED, EXCEPTIONS. Notwithstanding the foregoing', single family dwellings and second units, as authorized by Sections 20.20.020A 20.24~020A and Chapter 20~18 of the South San Francisco Municipal Code, are excepted from the prohibition contained in Section 3, immediately above, and shall remain as permitted uses and uses permitted subject.to obtaining a use permit respectively in the Area of Special Concern as described in Section 2.3 above. SECTION 5. EXCEPTIONS AND EXEMPTION. The City Council may grant an exception from the prohibitions set forth in this Ordinance if the City Council finds (1) an application for the use was filed prior to the effective date of this Ordi- nance~ (2) all plans, specifications and related documents substantially complying with City ordinances and City standards were filed prior to the effective date of this Ordinance and (3) the use, structure or project will not materially adversely affect the zoning proposal now under study, SECTION 6~ VIOLATIONS, PENALTY, Any person, firm, partnership, corpora- tion or association of any kind violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and', upon conviction, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. SECTION 7. URGENCY MEASURE. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Government Code Section 65858. in that it is for the immediate preservation of public peace, health and safety and protects the public safety, health and welfare~ The Council finds and declares that the facts set forth in Section 2 of this Ordinance entitled "Findings and Determinations" constitute the urgency and adopts said Findings and Determinations 4 as a declaration of said facts, in addition to the authorization for this urgency Ordinance set forth in Government Code Section 65858~ SECTION 7. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once as required by law in the Enterprise Journal, a newspaper of general circu- lation in the City of South San Francisco, and shall take effect as an urgency measure immediately upon its adoption. Passed and adopted as an urgency Ordinance of the City of South San Francisco in accordance with Government Code Section 65858 at a regular meeting of the City Council of the City of South San Francisco this 13th day of June , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego. Emanuele N. Damonte. RiChard A. _ M~ff~y, ~J~ .Ni~nl~pulo~; and R~h~rt~ £prri Tpgli~ None NOES: ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13~h day of June , 1984. ~~ <r~o · I,l,l,l.l.l.l.l.l.[d.l.~~.~ ~ ~ ~ ~filG~~,,~.~,.f-l~isY ~5~I~'T'C~ ~-~ ~ ~.1 li~Zl~_l~TM fllll II// //I 1"11/I I~~-~ 2 3 , (.I.1~1.1.1,1 I.I.I.I~I.I.I.I.~.I.I,I.I.I.I,L~.I,I.I.[i.LHJ~~._,,,,,,,, ~,~ ~ I~l~q~l~ ~'1'1"~1'1'11~!'1'i'1'1~'1'1'1'¢ ' ' I'1'l'11¢M"11'i1'1'1'1~11 I.LI.?~¢~.I LI.I,,I.I.~I.H.I~,. · ////~J,,I,,I,,I,.L. I ~ :?1'1"i'11 IITl'rrrl'rl'! i~l. L~.I.L.[I,.[~I II,I.LI. 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