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HomeMy WebLinkAboutOrd 1113-1992ORDINANCE NO. 1113-92 INTERIM URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTABLISHING A ZONING AND BUILDING MORATORIUM PROHIBITING NOISE SENSITIVE LANDUSES IN THE AREAS TO THE EAST OF US HIGHWAY 101 WHICH MAY BE IN CONFLICT WITH THE PREPARATION OF A CONTEMPLATED AREA PLAN AND IS TO BE EFFECTIVE IMMEDIATELY PURSUANT TO CALIFORNIA GOVERNMENT CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. This ordinance is declared to be an urgency ordinance enacted for the preservation of the public health, safety, or welfare and shall, therefore, go into effect immediately upon its adoption. SECTION 2. Findinqs. a) Noise Sensitive Landuses. For the purposes of this ordinance the term Noise Sensitive Landuses is meant to include: residences, non-university hospitals, nursing homes, convalescent homes, boarding houses, halfway houses and places of religious association. It is not intended to include: the use of vessels moored or berthed in existing marinas as living accommodations, night watchman quarters, or on-site manager's quarters. b) Basis and Justification. The basis and justification for the adoption of this ordinance is as follows: There exists a current and immediate threat to the public health, safety or welfare unless the construc- tion or approval of Noise Sensitive Landuses in those lands lying to the east of US 101 are temporarily prohibited during the conduct of studies for and the preparation of an area plan. The City's Planning Division is initiating an extensive area plan as an addendum to its Adopted General Plan for the lands within South San Francisco situated to the East of US highway 101 (here after referred to as the Area.) which would consider the topics including: landuse, transportation and environmental issues. Also to be considered in these studies is the appropriateness of Noise Sensitive Landuses, particularly residential uses in the Area. The Area has a high potential for new development. Two key properties are vacant with a total dryland area of about 74 acres. These properties are known as the Shearwater and the Sierra Point sites. In addition, a number of the existing industrial properties have a strong potential for redevelopment. There is a reasonable potential that applications for large residential developments will be submitted to the City during the period of the area plan study. Representatives of the Sierra Point and Shearwater sites have stated that, in their opinion, the only economically viable use in the current real estate market of their vacant properties is residential. One property is located in a Planned Commercial Zoning District which could allow residential uses at a maximum density of 37.5 units per acre (included a low- income density bonus) as a conditional use. The other property is located in a "Specific Plan" district for which amendment could be submitted to allow high density housing. The representatives have indicated that they would seek higher densities then those allowed, as much as fifty to sixty units per acre. The maximum residential development potential of these properties therefore ranges from approximately 2,700 to 4,000 units. There are a number of questions about the suitability of the Area for residential or other Noise Sensitive Uses arising from its history of industrial uses, the adjacency of the Airport and US 101 and its physical location and characteristics. These issues include: industrial toxics, noise impacts from the freeway, the railroad and the airport traffic, increased seismic risks found in those portions of the Area on bay muds and fills, flooding potentials of low lying areas, the distance of the elementary schools which would service this area, and the potential risks to residences that may exist created by the operations of the existing businesses in the Area. The San Francisco Airport is concerned about maintaining the option of an aircraft noise-mitigation departure route over this area. The availability of this route reduces the potential aircraft noise exposure to the existing residential neighborhoods in other areas of the City and near communities. If residential uses are built in the Area, the value of this departure route is diminished. There is also the question to be considered about the impact of residential uses upon the Area's future economic viability. Certain landuses that the City wishes to attract, such as the biotech industry, perceive a proximity to residential uses as a negative in their location and expansion decisions. By reason of the matters set forth hereinabove, the City Council does hereby find that there exists a current and immediate threat to the public health, safety or welfare in that time is required to complete the area plan for the Area, and approval of subdivisions, land use permits, and other entitlements as described herein could result in approval of developments that are inconsis- tent with policies, landuse designations and intensity development standards to be developed in the area plan. SECTION 3. California Environmental Quality Act -- General Rule Exception. With regard to the California Environmental Quality Aot (CEQA) the City Council hereby finds that this interim zoning ordinance is not a "project" as provided for in section 15061(b) (3) of the CEQA Guidelines. There is no possibility that a temporary delay in the processing of permits for residential projects in a limited area of the City for not more than two years could have a significant impact on the environment. SECTION 4. Application. (a) Noise Sensitive Landuse Prohibited. Notwithstanding any other provision of the South San Francisco Municipal Code or any other regulations, rules, standards or practices of the City to the contrary: no subdivisions, annexations, pre-zonings, rezonings, use permits, variances, design review approvals, building permits, grading permits, or other entitlements for use for Noise Sensitive Landuse shall be accepted, processed, or approved or granted by the City while this ordinance remains in effect. (b) Pending Applications. With regard to any land use or development projects or permits for Noise Sensitive Landuses under review by the City on the date of the adoption of this ordinance, no further processing of said application(s) shall occur so long as this ordinance, or any extensions, is in force. (c) Appeals Any administrative actions of the Chief Planner concern- ing the interpretation of this ordinance my be appealed to the City's Planning Commission. Planning Commission decisions may be appealed to the City Council. The appeal process shall follow the provisions of Chapter 20.90 Appeal Procedure of the South San Francisco Zoning Ordinance. SECTION 4. Modification and Amendment. The City Council may, by ordinance adopted after a duly noticed public hearing, by the affirmative vote of at least four Councilmembers, modify, amend, delete from, and or add to this ordinance upon finding that such action will implement and enforce the goals, policies, and purposes of this ordinance. SECTION 5. Duration. The interim ordinance shall by operation of law be of no further force and effect 45 days after its adoption or earlier if it is revoked by another ordinance of the City provided, however, that after notice and public hearing the City Council may by a four-fifths vote extend this interim ordinance pursuant to Government Code Section 65858. SECTION 6. Pursuant to the provisions of the California Government Code Section 65858, the South San Francisco City Council does hereby adopt this ordinance prohibiting "Noise Sensitive Landuses" which may be in conflict with a contemplated preparation of an area plan for those lands lying to the east of US Highway 101 in South San Francisco. Exhibit "A" attached hereto, being a portion of the Offical Zoning District Map: South San Francisco, shows the area to which this ordinance applies, is adopted by reference as though fully set forth herein. SECTION 7. Publication and Effective Date. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective immediately upon adoption. 4 Adopted as an urgency interim zoning ordinance of the City of South San Francisco at a re§u]ar meeting of the City Council of the City of South San Francisco, held the 13th day of May , 1992, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Jack Drago, Joseph A. Fernekes, Roberta Cerri Te.qlia, and Mayor John R. Penna None None None ATTEST city Clerk As Mayor of the city of South San Francisco, approve the foregoing ordinance this 13th day of 1992. I do hereby May , Mayor 5 OkDINANCE NO. ~-~ INTERIM PROHIBITION ON NOISE SENSITIVE LAND USES , q 0 500 1000 1500 2O00 IN FEET 'l