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HomeMy WebLinkAboutOrd 962-1984ORDINANCE NO. 962-84 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 prohbit uses which may be in conflict with contemplated zoning proposals related to a General Plan Amendment recently adopted 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 Reso- lution No. 5073 on April 21, 1969, amended by Resolution No. 92-84 on June 27, 1984, and thereafter amended, is a compatible long-term General Plan for the physical develoPment of the City, containing a statement 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 Municipal Code and the Zoning Ordinance are compatible with the objec- tives, policies, general land uses and programs specified in the General Plan. 2,3, 2.4. 2.5. Zoning provisions which may not be consistent with the General Plan. Title 20 of the South San Francisco Municipal Code and Ordinance No. 353, the Zoning Ordinance of the City of South San Francisco, as amended, provide for uses whi objectives, policies, and pr~ adopted by the City Council I Finding of immediate threat' Based upon the foregoing fin traffic impacts, excessive d. is a current and immediate t welfare, and the approval of permits, variances, building the L984. ti ve there r use ~title- ment 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. Prohibition of Uses Which May Be in Conflict with the Contemplated Zoning Proposal; Exceptions. It is necessary to presently prohibit any uses which may be in conflict with said contemplated zoning proposal. Except those uses which, as of the effective 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 designed in Section 3 herein may conflict with said contemplated zoning proposal and should be pro- hibited from and after the effective date of this Ordinance to protect the public safety, health and welfare. SECTION 3. USES PROHIBITED. Commencing on the effective date of this Ordinance and continuing and including the 9th of November, 19~4, which is forty-five days thereafter, all of the land uses in all zone districts per- mitted by Title 20 of the South San Francisco Municipal Code and Ordinance No. 353. as amended, are prohibited subject to the exceptions cited in Section 4 of this Ordinance. SECTION 4. USES PROHIBITED, EXCEPTIONS. Nothwithstanding the provisions of Section 3 of this Ordinance, the following exceptions to the prohibition contained in said Section 3 shall apply: A. If the Director of Community Development determines that the proposed use is not compatible with the City's General Plan as amended but is a continuation of a pre-existing, lawful, nonconforming use which has not not been abandoned as set forth in Section 20.72.260 of the South San Francisco Municipal Code (hereinafter "SSFMC"), then the use may be continued; but it may not be expanded to cover more square feet of area than the use previously covered on a parcel or in a building. B. If the Director of Community Development determines that the proposed use is compatible with the City's General Plan as amended and that Title 20 SSFMC reflects zoning of the parcel for which the use is pro- posed that: (1) is consistent with the City's General Plan as amended and (2) lists the proposed use as a "Permitted Use" in the applicable zone district, then the use shall be permitted. C. If it is determined that the proposed use is compatible with the City's General Plan as amended and that Title 20 SSFMC reflects zoning of the parcel for which the use is proposed that: (1) is consistent with the City's General Plan as amended and (2) lists the proposed use as a "Use Permitted subject to obtaining a Use Permit" in the applicable zone district, then the use may be permitted through the Use Permit process as set forth in Sections 20.80.020 through 20.80.080 SSFMC. SECTION 5. EXEMPTIONS. The Planning Commission may grant an exemption from the prohibitions set forth in this Ordinance if the Commission finds (1) appli- cation for all of the necessary entitlements of use listed in Section 2.4 of this Ordinance were filed prior to the effective date of this Ordinance, (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 effect the Amendment adopted by Resolution No. 92-84 or subsequent zoning changes required by such amendment. SECTION 6. APPEALS. A. Any action or determination by the Director of Community Development may be appealed only by filing with the Secretary of the Planning Commission a written notice of appeal within ten (10) days of the date of the action or determination by the Director of Community Development. The Secretary of the Planning Commission shall set a hearing for the next regular meeting of the Planning Commission for which the agenda has not yet "closed" and shall publish notice of said hearing at least ten (10) days prior to the date of said hearing, and, within a reasonable time after the hearing is completed, the Planning Commission shall affirm or reverse the action or determination of the Director of Community Development. B. Any affected person may appeal to the City Council the Plamning Commission's determination of any matter contemplated in this Ordinance; said appeal shall be made by filing a written notice of appeal with the City Clerk within ten (10) days after the Planning Commission's determination. The City Council shall set a hearing by notice published at least ten (10) days prior to the date of said hearing, and, within a reasonable time after the hearing is completed, shall affirm or reverse the decision of the Planning Commission. SECTION 7. VIOLATIONS, PENALTY. Any person, firm, partnership, corporation 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 one thousand dollars, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. SECTION 8. 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 as a declaration of said facts, in addition to the authorization for this urgency Ordinance set forth in Government Code Section 65858. SECTION 9. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once, with the names of those City Council members voting for and against the Ordinance, 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 reqular meeting of the City Council of the City of South San Francisco this 26th day of September , 1984, by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26th day of September , 1984.