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HomeMy WebLinkAboutOrd 1236-1999ORDINANCE NO. 1236--99 AN URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR NEW DEVELOPMENT OR USES THAT WILL RESULT IN OVER 100 ADDITIONAL VEHICLE TRIPS PER DAY, PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT AND/OR ZONE CHANGE STUDY WHEREAS, the General Plan currently permits light manufacturing, vehicle-service, warehouse and freight forwarding, office, commercial, and vehicle/equipment rental agencies to operate in Planning Area No. 7 CLindenville"); and WHEREAS, the Lindenville planning area ("Lindenville") is bounded by Railroad Avenue to the north, South Spruce Avenue to the west, U.S. Route 101 on the east, and the city limit with San Bruno on the south; and WHEREAS, the Zoning Ordinance does not currently, expressly limit or condition traffic generation in Lindenville; and WHEREAS, the General Plan currently states that "a major problem in this area [Lindenville] is a lack of adequate off-street parking spaces and loading spaces. Trucks often extend beyond the property line into the right-of-way, creating a potential for accidents and traffic congestion. The expansion of existing uses should be discouraged in the future;" and WHEREAS, the South San Francisco General Plan: Existing Conditions and Planning Issues Report which provides the basis for the General Plan update under consideration by the City Council has identified Lindenville as the source of many conflicts in the City since the area is mainly occupied by small-scale warehouses and light industrial uses and is located near residential neighborhoods; and WHEREAS, Lindenville will experience new development opportunities related to the development of the new BART station in San Bruno and the reconfigured Caltrain stations in South San Francisco and San Bruno; and WHEREAS, based upon the South San Francisco General Plan: Existing Conditions and Planning Issues Report, the General Plan update under consideration may include goals, policies, and provisions intended to reduce traffic related conflicts in Lindenville; and WHEREAS, if the General Plan is updated to include such goals, policies and provisions, the Zoning Ordinance would need to be amended to implement such reductions in traffic related impacts in Lindenville; and WHEREAS, projects in Lindenville which would add over 100 vehicle trips would be inconsistent with such contemplated amendments to the General Plan and Zoning Ordinance; and WHEREAS, the City Council finds that allowing development that causes an increase in more than 100 vehicle trips per day in Lindenville poses a current and immediate threat to the public health, safety and welfare because it would be inconsistent with the contemplated amendments to the General Plan and Zoning Ordinance; and WHEREAS, the City Council finds that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement that would allow an increase in more than 100 vehicle trips per day, would result in that threat to public health, safety and welfare because it would cause such inconsistencies; and WHEREAS, pursuant to Government Code Section 65858, cities are authorized to enact interim ordinances prohibiting uses which may conflict with contemplated General Plan, Specific Plan, or Zoning Ordinance provisions, for a period of up to forty-five (45) days and extended for up to two years; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: 1. Findings. The above recitals are incorporated herein as findings. 2 Prohibited Uses. The City shall not accept, process or approve any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement for development in Lindenville that will cause an increase of more than one hundred (100) vehicle trips per day in excess of the number of vehicle trips generated by the prior use of the same parcel(s). Conditional Use Permit. The City may accept, process or approve any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement for development in Lindenville that will cause an increase of more than one hundred (100) vehicle trips per day in excess of the number of vehicle trips generated by the prior use of the same parcel(s); provided that: 1) the proposed development or use is compatible with the proposed General Plan update under consideration by the City Council, 2) that such application includes an application for a use permit, and 3) that the proposed development or use shall not commence until the City issues a use permit which imposes reasonable conditions designed to mitigate the effects of the proposed use on traffic flow in Lindenville and surrounding environs. o o Exception. The Director of Economic Community Development may grant an exception from the prohibitions set forth in this Ordinance if he/she finds (1) an application for the use was 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 proposed development or use will not be inconsistent with proposed General Plan update under consideration by the City Council. CEOA Compliance. This ordinance is categorically exempt from CEQA under Section 15308 of the State CEQA Guidelines 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 completion of the contemplated General Plan Amendment. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in Govemment Code Section 65858. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the 2/,th day of Hatch , 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmeebers Joseph A. Fernekes, Eugene R. Hullin, John R. Penna, Hayor Pro Tem Karyl }latsumoto, and }layor James L. Datzman. None. None. None. ATTEST: City Clerk this As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance 2t~th day of }larch ,1999. J:\WPDWINRSW~405\0 I\ORD\1999~ZONECHNG.301 AUL:rja 4 ! I I~