HomeMy WebLinkAboutOrd 1265-2000ORDINANCE NO. 1265-00
AN INTERIM ORDINANCE EXTENDING THE MORATORIUM
PROHIBITING APPROVAL OF SPECIFIC PLAN AMENDMENTS,
PRECISE PLANS AND CONDITIONAL USE PERMITS
FOR PLANNING AREAS 1,2, AND 3 OF THE BAY WEST COVE
(SHEARWATER) SPECIFIC PLAN AREA
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
I. Recitals and Findings
WHEREAS, the City Council recently adopted a revised General Plan for the City which
identified themes including (1) ensuring that commercial uses in the East of 101 area do not compete
with the City's downtown and (2) enhancement of the community character in areas including the
East of 101 area; and,
WHEREAS, South San Francisco General Plan Guiding Policy 3.5-G-2 provides that the
City direct and actively participate in shaping the design and urban character of the East of 101 area;
and,
WHEREAS,' the City Council approved a Specific Plan for Bay West Cove (Shearwater) in
1997 which authorized specified land uses including Commercial, Auto Sales, Commercial Retail,
and Hotel Uses on a site of approximately 43.8 acres; and,
WHEREAS, the Shearwater Redevelopment Plan which applies to the area included in the
Bay West Cove Specific Plan, provides that all development plans shall be processed in the manner
provided by applicable City codes as they are or as they may be amended from time to time; and,
WIqF~AS. The Shearwater Redevelopment Plan further provides that land uses permitted
within the Project Area shall be as provided with the City's General Plan, as i.t currently exists or as
it may hereafter be amended; and,
WHEREAS, .the area covered by the Bay West Specific Plan is a gateway to the City of
South San Francisco; and,
WHEREAS, the City Council desires to review the appropriateness of the land uses
authorized in the Bay West Cove Specific Plan area; and,
WHEREAS, the City Council adopted Ordinance No. 1261-99 on December 15, 1999
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establishing an interim ordinance which prohibited any amendments to the existing Bay West Cove
Specific Plan or any Precise Plans or Conditional Use Permits for development in Planning Areas
1,2, or 3 of the Bay West Cove Specific Plan through January 30, 2000; and,
WHEREAS, the City held a public hearing on the possible extension of the Interim
Ordinance 1261-99 on January 26, 2000 to consider extending the Interim Ordinance for six months
through July 30, 2000; and,
WHEREAS, the City Council, on January 19, 2000, held a special meeting to provide
direction to staff to commence the process of amending the Bay West Cove Specific Plan to ensure
that development in the Bay West Cove area is consistent with recently adopted General Plan.
WHEREAS, the City Council finds that approval of any amendments to the existing Bay
West Cove Specific Plan or any Precise Plans or Conditional Use Permits for development in
Planning Areas 1,2, or 3 of the Bay West Cove Specific Plan prior to evaluating and approving the
appropriate land uses for that area based on the recently adopted general plan poses a current and
immediate threat to the public health, safety and welfare because such approvals may be inconsistent
with the General Plan; and,
WHEREAS, Government Code section 65858 authorizes a City, after a public hearing, to
extend the term of an Interim Ordinance initially for up to 10 months and 15 days.
WHEREAS, the City's Redevelopment Agency previously received an application for a big-
box retail development and based on the initial adoption of the interim ordinance denied without
prejudice the proposed big-box retail development. Thereafter the applicant challenged
unsuccessfully the Agency's denial and the applicant has appealed the trial court's decision; and,
WHEREAS, owners of other property within the interim ordinance area have indicated that
prospective users have included businesses which may conflict with the recently adopted general
plan.
II. Prohibition on Approvals. The City and the Redevelopment Agency are hereby prohibited
from approving any amendments to the existing Bay West Cove Specific Plan or any Precise
Plans or Conditional Use Permits for development in Planning Areas 1,2, or 3 of the Bay West
Cove Specific Plan for an additional six months from the expiration date of Ordinance 1261-99,
which is January 30, 2000, through July 30, 2000.
111. CEQA 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
and pursuant to CEQA Guidelines section 15061(b)(3) because the interim ordinance will not
have an effect on the environment.
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IV. 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 until July 30, 2000 unless extended or
repealed by the City Council as provided for in Government Code section 65858. This ordinance
shall be published once, with the names of those City Councilmembers voting for or against it, in
the San Mateo Times, a newspaper of general circulation in the City of South San Francisco.
Introduced and adopted at a regular meeting of the City Council of the City of South San
Francisco, held the 26 day of danuar~ 2000, by the following vote:
AYES: Councilmembers Euqene R. Mullin, John R. Penna, and James L. Datzman
Mayor Pro Tem Joseph L. Fernekes and Mayor Kar¥1 Matsumoto
None.
NOES:
ABSTAIN:
ABSENT:
None,
NOne.
City Clerk
this
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance
26 dayofdanuary, 2000.
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