HomeMy WebLinkAboutOrd. 1412-2009ORDINANCE NO. 1412 -2009
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO MAKING FINDINGS AND EXTENDING A
DEVELOPMENT MORATORIUM IN A PORTION OF THE
SOUTH EL CAMINO REAL CORRIDOR IN ORDER TO
PREVENT USES INCONSISTENT WITH THE PENDING EL
CAMINO REAL GENERAL PLAN AMENDMENT, THE
CHESTNUT /EL CAMINO REAL SPECIFIC PLAN, AND THE
ZONING ORDINANCE UPDATE
WHEREAS, the City of South San Francisco (the "City ") is in the process of developing
a cohesive and comprehensive long -term planning strategy :for the El Camino Real corridor; and,
WHEREAS, the City is now preparing the South El Camino Real General Plan
Amendment, which will establish planning strategies and policies for the properties along El
Camino Real, south of Chestnut Street; the General Plan Amendment is expected to be
completed by November of 2009; and,
WHEREAS, the City is now preparing the Chestnut /El Camino Real Specific Plan, which
will establish development standards and systematically implement the General Plan's policies,
such as mixed land uses, walkable neighborhoods, compact urban form, transportation and
transit alternatives and a range of housing opportunities; the Specific Plan is expected to be
completed by July of 2010; and,
WHEREAS, the City is now preparing the city -wide Zoning Ordinance Update that will
implement and is consistent with the City's existing General Plan, the proposed South El Camino
Real General Plan Amendment, and the Chestnut /El Camino Real Specific Plan, including
planning objectives of effective use of infrastructure, mixed land uses, walkable neighborhoods
and compact urban form in the El Camino Real corridor; City staff expects to complete the
Zoning Ordinance Update in early 2010; and,
WHEREAS, the City has spent considerable staff time and financial resources towards
developing the South El Camino Real General Plan Amendment, the Chestnut /El Camino Real
Specific Plan, and the Zoning Ordinance Update; and,
WHEREAS, to protect the City's investment in these planning efforts, ensure that the
City's long -term planning goals and strategies can be achieved in a timely manner, and to avoid
a current and immediate threat to the public health, safety, and welfare, the City proposes
adopting a moratorium on approval of certain land use entitlements for the portion of the El
Camino Real corridor depicted in Exhibit A, attached hereto and incorporated by reference
( "Moratorium Area "); and
WHEREAS, a majority of the Moratorium Area is zoned Planned Commercial (P -C) and
Retail Commercial (C -1); and,
WHEREAS, the certain land uses and projects in the Moratorium Area would require
discretionary approvals (collectively, "Moratorium Prohibited Uses "); and
WHEREAS, "discretionary approvals" include general plan amendments, specific plan
adoption and amendments, zoning amendments, subdivisions, conditional use permits, minor use
permits, variances, planned unit developments, and design review; and,
WHEREAS, Moratorium Prohibited Uses in the Moratorium Area, by nature of the fact
that they require such discretionary approvals for the introduction of a new use or exterior
modifications to existing uses, could potentially create conflicts with surrounding land uses, and
would require conditions to ensure compatibility with the neighborhood in which the use is
proposed; and,
WHEREAS, the City Council finds that a temporary stabilization of activities and land
uses within the Moratorium Area, pending completion of the South El Camino Real General Plan
Amendment, the Chestnut /E1 Camino Real Specific Plan, and the Zoning Ordinance Update, is
critical to the City's ability to successfully implement its immediate and long -term planning and
land use goals for the Moratorium Area, and that any initiation of Moratorium Prohibited Uses
would inhibit these efforts; and,
WHEREAS, the City Council finds that the initiation of Moratorium Prohibited Uses in
the Moratorium Area would pose a current and immediate threat to the public health, safety, and
welfare; and,
WHEREAS, Government Code section 65858 allows the City to immediately protect and
preserve the public peace, health, and welfare by prohibiting any uses that may be in conflict
with a contemplated general plan, specific plan or zoning proposal that the legislative body,
planning commission or planning department is considering; and,
WHEREAS, at a special meeting on June 18, 2009, the City Council, pursuant to
Government Code section 65858, adopted a moratorium, as set forth in Ordinance No. 1409-
2009, and for the reasons stated herein and on the record for this matter, the City Council now
wishes to extend the moratorium; and
WHEREAS, in the time since Ordinance No. 1409 -2009 was adopted, the City has
continued to develop its planning strategies for the Moratorium Area, through circulation for
public review of a draft Environmental Impact Report for the General Plan Amendment, and
preparation and internal review of additional draft sections of the Zoning Code Update; and
WHEREAS, if adopted, this ordinance would extend an existing moratorium, but would
not prohibit continuation of any use in the Moratorium Area established prior to adoption of the
moratorium, or prohibit approval of building permits for existing land uses and those land uses
permitted in the Moratorium Area, where the improvements for which the building permit is
issued, do not require any discretionary approvals, including maintenance or repair of an existing
building; or prohibit approval of any discretionary approval for a project of which at least 20% of
the residential units would be classified as "affordable housing," as that term is defined in section
20.125.020 of the City's Municipal Code; and,
WHEREAS, all of the Moratorium Prohibited Uses are permitted or conditionally
permitted in other areas of the City, including but not limited to areas that are zoned Planned
Commercial (P-Q, Commercial (C -1), Industrial (M -1), and Open Space (O -S); and,
WHEREAS, the City Council therefore finds that adequate opportunities for development
of the Moratorium Prohibited Uses exist throughout the City, beyond the Moratorium Area
boundaries; and,
WHEREAS, implementing a Moratorium on Moratorium Prohibited Uses within the
Moratorium Area, pending completion of the South El Camino Real General Plan Amendment,
Chestnut /El Camino Specific Plan and the Zoning Ordinance Update, would be consistent with
General Plan guiding policy 3.4 -G -2, which is to "Encourage development of a mix of uses, with
pockets of concentrated activity that provide focii and identity to the different parts of El Camino
Real."
NOW THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows, adopted as an interim ordinance, under the provisions of California
Government Code section 65858:
1. Incorporation of Recitals. The City Council finds that all Recitals are true and
correct and are incorporated herein by reference.
2. Moratorium Extended. The Moratorium established in Ordinance 1409 -2009 is
hereby extended for a period of ten (10) months and fifteen (15) days from the date of its
previously scheduled expiration. From and after the date of this ordinance, no discretionary
approvals, defined to include general plan amendments, specific plan adoption and amendments,
zoning amendments, subdivisions, conditional use permits, minor use permits, variances,
planned unit developments, and design review, shall be approved for any property within the
Moratorium Area, except that under this moratorium ordinance, (1) building permits may be
approved for existing land uses and those land uses permitted in the Moratorium Area, where the
improvements for which the building permit is issued, do not require any discretionary
approvals, including the maintenance and repair of existing signs, buildings, and structures; and
(2) discretionary approvals may be approved, as necessary, for any project in the Moratorium
Area, of which at least 20% (twenty percent) of the residential units would be classified as
"affordable housing" "as defined in Municipal Code section 20.125.020).
3. Authority; Urgency Statement. This ordinance extends the effective period of
Ordinance 1409 -2009, and is adopted as an interim ordinance pursuant to Government Code
section 65858 and is for the immediate and long -term preservation of the public peace, health,
and welfare. The following facts constitute the basis for this interim ordinance and the extension
of the moratorium: The City is currently, and has been for many years, in the process of
developing a general plan amendment, a specific plan and a zoning ordinance update for certain
parcels in the Moratorium Area. Land uses in the Moratorium Area which require discretionary
approvals are of greater likelihood to conflict with the City's long -term planning goals and
policies for the area, as established in the forthcoming the South El Camino Real General Plan
Amendment, Chestnut /El Camino Specific Plan and the Zoning Ordinance Update. Initiation of
these types of uses in the Moratorium Area would frustrate the City's efforts to establish
comprehensive and cohesive planning strategies for the property. It would also be destructive to
the goals of the proposed amended general plan, specific plan and zoning ordinance if, during the
period that these documents are being studied and a subject of public hearings, parties seeking to
evade the operation of these plans and codes were permitted to operate in a manner that might
defeat in whole or in part the ultimate objective of the General Plan Amendment, Specific Plan,
or Zoning Ordinance Update. Accordingly, approval of entitlements for such uses presents a
current and immediate threat to the public health, safety, and. welfare.
4. Compliance with California Environmental Quality Act (CEQA). This ordinance
is not a "project" within the meaning of section 15378 of the State CEQA Guidelines, because it
has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the
environment. It temporarily prevents certain physical changes in the environment pending
completion of the City's planning for the Moratorium Area. Furthermore, this urgency ordinance
is categorically exempt from CEQA under Guidelines section 15308 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 City's planning for
the Moratorium Area.
5. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance, including the application
of such part or provision to other persons or circumstances, shall not be affected thereby, and
shall continue in full force and effect. To this end, provisions of this ordinance are severable. The
City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
6. Effective Date. As an urgency measure, this interim ordinance shall become
effective immediately upon adoption, if adopted by at least: four - fifths vote of the City Council,
and shall extend the effective period of Ordinance 1409 -2009 for a period of ten months (10) and
fifteen (15) days beyond the date that Ordinance 1409 -2009 would have otherwise expired,
unless extended by the City Council as provided for in Government Code section 65858.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 26th day of August, 2009.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 26th day of August, 2009 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin,
Vice Mayor Mark Addieg_o and Mayor Karyl Matsumoto
NOES:
None
ABSTAIN:
None
ABSENT:
None
ATTEST:
Deputy City Clete
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 26th day of August, 2009.
aryl Matsumoto, Mayor
Exhibit A:
Moratorium Area