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HomeMy WebLinkAboutOrd. 1446-2011 ORDINANCE NO. 1446 -2011 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADOPTED AS AN URGENCY MEASURE, MAKING FINDINGS AND EXTENDING A CITY -WIDE MORATORIUM ON THE ISSUANCE OF BUSINESS LICENSES, USE PERMITS AND BUILDING PERMITS FOR RETAIL TOBACCO STORES WHEREAS, the City of South San Francisco ( "City ") has an overriding interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and the character of the City's neighborhoods. Without stable, well - planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to social, environmental, and economic values; and WHEREAS, the proliferation of establishments that sell or display tobacco and /or tobacco paraphernalia, and other items promoting the use of tobacco products may adversely affect the City's ability to attract and retain businesses and shoppers in the City; and WHEREAS, permitting the sale of tobacco and /or tobacco paraphernalia, and other items promoting the use of tobacco products may adversely affect the City's economic vitality, may promote the consumption and purchase of tobacco by children and minors by increasing their exposure to tobacco and tobacco paraphernalia, may result in threats to public health, safety and welfare and may not be compatible with existing and potential uses of similarly zoned businesses; and WHEREAS, the City devoted considerable staff time and financial resources towards preparing and adopting the City -wide Zoning Ordinance Update, which implements and is consistent with the City's existing General Plan, and provides new and revised land use regulations throughout the City; and, WHEREAS, the South San Francisco Municipal Code and Zoning Ordinance are silent with regard to the regulation and location of Retail Tobacco Stores as defined in Section 2 of this Ordinance; and WHEREAS, it is the City's intent, in consideration of other existing and potential uses within the City, to assure a degree of compatibility between the location of establishments selling and displaying tobacco and/or tobacco paraphernalia and surrounding commercial properties, which will be effectuated by a comprehensive study and possibly resulting in additional revisions to the City's Zoning Ordinance; and WHEREAS, the City Council finds that issuing business licenses, use permits and /or building permits for Retail Tobacco Stores, would pose a current and immediate threat to the public health, safety, and welfare, since such uses could potentially create conflicts with surrounding land uses and could conflict with the City's long -term planning goals; and WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority to enact ordinances to protect the health, safety, welfare and morals of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS, it is necessary for the City to study the impact such facilities may have on the public health, safety and welfare, and the need to potentially revise the City's Zoning Ordinance; and WHEREAS, to protect the City's investment in its planning efforts, ensure that the City's long -term planning goals and strategies can be achieved in an effective and timely manner, and to avoid a current and immediate threat to the public health, safety, and welfare, the City proposes adopting a moratorium on the issuance of business licenses, use permits and/or building permits for Retail Tobacco Stores within the City's boundaries; 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 its June 8, 2011 meeting, pursuant to Government Code section 65858, the City Council lawfully adopted a moratorium on the issuance of Business Licenses, Use Permits and/or Building Permits for Retail Tobacco Stores pending study of a Zoning Ordinance amendment proposal; WHEREAS, in the time since the moratorium was adopted, South San Francisco staff has been exploring options for regulation of Retail Tobacco Stores, which staff will be presenting to the City Council for consideration; however, the Zoning Ordinance amendment proposal is not ready for adoption yet; and WHEREAS, on July 13, 2011, in accordance with Government Code section 65858(a), the City Council held a properly noticed public hearing to consider extending the moratorium for a period of ten (10) months and fifteen (15) days from date that Ordinance 1443 -2011 would have otherwise expired; and WHEREAS, adoption of this Ordinance does not require review under the California Environmental Quality Act (Pub. Resources, Code, §§ 21000, et seq., "CEQA ") based on the following: (1) This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because adoption of a temporary moratorium has no potential for resulting in either a direct or indirect physical change in the environment. (2) This Ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies. 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. "Retail Tobacco Store" Defined. For purposes of this Ordinance and notwithstanding Section 8.50.020 of the South San Francisco Municipal Code, "Retail Tobacco Store" means a retail store that: (1) devotes more than fifteen percent (15 %) of its total floor area to the sale of tobacco, tobacco smoking products, or tobacco accessories /paraphernalia, or any combination thereof; or (2) devotes more than a two foot by four foot section of shelf space for display and sale of tobacco accessories or paraphernalia. 3. Moratorium Extended. In accordance with the authority granted the City of South San Francisco under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, the moratorium imposed by Ordinance 1443 -2011, which provides that no business license, use permit or building permit shall be approved or issued for any Retail Tobacco Store within the boundaries of the City, shall hereby be extended for a period of ten (10) months and fifteen (15) days, from and after the date that Ordinance 1443 -2011 would have otherwise expired.. 4. Authority; Urgency Statement. This Ordinance, which extends the effective period of Ordinance 1443 -2011, is an interim ordinance, adopted as an urgency measure 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 an urgency measure: The City has recently adopted a comprehensive Zoning Ordinance Update to implement the City's General Plan, and to adopt and revise land use regulations throughout the City. However, the Zoning Ordinance is silent with respect to regulation of Retail Tobacco Stores, as such, are not specifically prohibited in areas adjacent to schools, public parks, public libraries or designated redevelopment areas in the City. Thus, as applications for business licenses are submitted to the City, there is no determination as to whether such potential uses are consistent with the purpose and intent of the Zoning Code. Great concern has been expressed about the impact of locating, without restrictions, establishments that primarily sell tobacco or tobacco related products. Unregulated locating of such establishments may be in conflict with the purpose and intent of the Zoning Code. Accordingly, there is a current and immediate threat to the public health, safety, or welfare and the approval or issuance of business licenses, use permits or building permits for Retail Tobacco Stores would result in that threat to public health, safety, or welfare. In order to maintain comprehensive and sound land use planning, the City seeks to study applicable Zoning Ordinance amendments, use permit requirements and other land use entitlement requirements for Retail Tobacco Stores. Allowing land use entitlements for Retail Tobacco Stores before the City has an opportunity to update its regulations, could lead to conflicts amongst various land uses and conflicts with the City's long -term planning goals. 5. Issuance of Land Use Entitlements to Retail Tobacco Stores Declared Public Nuisance. The issuance of business licenses, use permits or building permits for Retail Tobacco Stores, as defined in this Ordinance, within the City limits of the City of South San Francisco, during the duration of this moratorium or any extension thereof, is declared to be a public nuisance. Violations of this Ordinance may be enforced by any applicable laws or ordinances, including but not limited to injunctions, or administrative or criminal penalties under the South San Francisco Municipal Code. 6. 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 study and potential adoption of zoning amendments or policies regulating Retail Tobacco Stores. 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 consideration of amendments to City's Zoning Ordinance. 7. 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. 8. Effective Date. This Ordinance shall become effective immediately upon adoption, if adopted by at least four - fifths vote of the City Council, and extend the effective period of Ordinance 1443 -2011 for a period of ten (10) months and fifteen (15) days from and after the date that Ordinance 1443 -2011 would have otherwise expired, unless further extended by the City Council as provided for in Government Code section 65858. * * * * * Introduced and adopted as an Interim Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 13 day of July, 2011, by the following vote: AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto, Vice Mayor Richard Garbarino and Mayor Kevin Mullin NOES: None ABSTAIN: None ABSENT: None . ATTEScI �� ._.. (pity Clerk As Mayor of the City of South San Francisco, I do hereby a rove the foregoing Interim Ordinance this 13 day of July, 2011. ems , J4L Kevin Mul in, Mayor