Title
Ordinance Amending Title 20 of the South San Francisco Municipal Code to make minor revisions, corrections, and clarifications to ensure consistency throughout the Municipal Code, and to remove “Hookah Bar/Smoking Lounge” from the Commercial Use Classifications under Section 20.620.040.
body
WHEREAS, in 2008, the City enacted South San Francisco Municipal Code (SSFMC) Chapter 6.46 titled “Tobacco Retailer Permit,” which adopts San Mateo County Ordinance Code (SMCOC) Chapter 4.98 “Tobacco Retailer Permit” by reference and thereby serves as the mechanism for the County’s enforcement of Tobacco Retailer Permits in the City; and
WHEREAS, in 2012, the City enacted SSFMC Chapter 20.420 “Prohibition on new significant tobacco retailers,” which prohibits establishment of a new business whose principal or core is selling tobacco products and/or paraphernalia from operating in the City; and
WHEREAS, on September 25, 2019, the City Council added Title 6, Chapter 6.47 of the SSFMC pertaining to the sale of tobacco, flavored tobacco, and electronic smoking devices, including an exemption for significant tobacco retailers that were lawfully established prior to the effective date of Chapter 20.420, on January 1, 2020; and
WHEREAS, effective June 22, 2023, the County Board of Supervisors repealed the former SMCOC Chapter 4.98 (Tobacco Retailer Permit) and enacted a new Chapter 4.98, which strengthens enforcement, requires two inspections per year of all retailers, establishes retail restrictions for new businesses, updates the definitions of tobacco products to include synthetic nicotine and to align with the state’s definition of tobacco products, including flavored tobacco products, and prohibits issuing new tobacco retailer permits for any location within 1,000 feet of a “youth populated area” or within 500 feet of an existing tobacco retailer; and
WHEREAS, pursuant to the County’s newly adopted SMCOC Chapter 4.98, cities that want County Health to administer the tobacco retailer permit within their jurisdiction must pass an ordinance adopting the County’s newly adopted ordinance verbatim or in its entirety by reference, with no changes or additions; and
WHEREAS, although the City already adopted SMCOC Chapter 4.98 by reference in 2008 (pursuant to SSFMC Chapter 6.46), City staff recommended amending SSFMC Section 6.46.010 to add language explicitly authorizing the Chief of San Mateo County Health or their designee to administer and enforce SMCOC Chapter 4.98 in order to reaffirm its adoption by reference of SMCOC Chapter 4.98, re-establish the County’s authorization to enforce SMCOC Chapter 4.98 within the City’s jurisdiction thereby strengthening and streamlining enforcement, and raise awareness of the County’s newly adopted Tobacco Retailer Permit Ordinance; and
WHEREAS, on March 26, 2025, the City Council waived reading and introduced an Ordinance to amend South San Francisco Municipal Code (SSFMC) Title 6, Chapter 6.46 titled “Tobacco Retailer Permit” to adopt by reference Title 4, Chapter 4.98 of the San Mateo County Ordinance Code (SMCOC), and repealing in its entirety Title 6, Chapter 6.47 (Sales of Flavored Tobacco Products, Pharmacy Sales of Tobacco Products, and Sales of Electronic Smoking Devices Prohibited), and on May 14, 2025, the City Council waived reading, held a public hearing, and adopted the Ordinance; and
WHEREAS, Chapter 20 currently contains a use classification for “Hookah Bar / Smoking Lounge” which consists of businesses serving flavored tobacco or other products for on-site smoking, and such uses are no longer permitted under SMCOC Chapter 4.98; and
WHEREAS, Chapter 20.420 currently contains a reference to the now-repealed SSFMC Section 6.47.050(a), which provides an exemption for significant tobacco retailers that were lawfully established prior to the effective date of Chapter 20.420; and
WHEREAS, the City staff has drafted proposed revisions to the City’s Zoning Ordinance to address the identified areas that require correction, clarification, and revision (“Zoning Amendments” or “Amendments”); and
WHEREAS, if an application for a Conditional Use Permit for a Hookah Bar / Smoking Lounge is submitted to the Planning Division, including payment of the application fees, prior to the date of this City Council action (August 27, 2025), the Zoning Ordinance Amendment to remove “Hookah Bar / Smoking Lounge” as a conditionally permitted use would not apply to this application; and
WHEREAS, it is staff’s evaluation that the minor revisions, corrections, and clarifications set forth in this Zoning Amendment are not subject to the requirements of CEQA pursuant to CEQA Guidelines Section 15378, as they are minor in nature, with no expansion in use or creating new uses, and has no potential for resulting in direct or indirect physical changes to the environment, and thus would not have any significant effects on the environment;
WHEREAS, on June 5, 2025, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Zoning Amendments and associated CEQA determination, take public testimony; following the public hearing, the Planning Commission adopted Resolution No. 10-2025 making findings and determination under CEQA and recommending the City Council adopt an ordinance implementing the Zoning Amendments; and
WHEREAS, on August 27, 2025, the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and consider the recommendation of the Planning Commission on the proposed revisions to the City’s Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The minor refinements, clarifications, and/or corrections set forth in the Zoning Amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as they are minor in nature, the adoption of which would not result in any direct or indirect physical changes to the environment, and thus would not have any significant effect on the environment.
3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner.
B. Zoning Amendment Findings
1. The Zoning Amendments are consistent with the 2040 General Plan because the Ordinance Amendments are minor in nature, are intended to ensure internal policy consistency, support public health through reduction of tobacco usage, and will continue to reinforce many of the 2040 General Plan policies maintaining a balanced land use program and is consistent with the City’s overall vision for the proper location of use. None of the new revisions will conflict with or impede achievement of any of the goals, policies, or land use designations established in the 2040 General Plan. The proposed amendments are also consistent with state law requirements.
2. The areas of the City impacted by the Zoning Amendments are suitable for the proposed uses in terms of access, size of parcel, relationship to similar or related uses, and other considerations because the minor revisions, corrections and clarifications will not significantly alter the existing uses permitted in the Zoning Ordinance and will further ensure orderly development.
3. The Zoning Amendments are not detrimental to the use of land in any adjacent zone because the minor revisions, corrections and clarifications will ensure that the Zoning Ordinance is consistent and accurate and none of the Amendments will change any of the existing zoning districts.
SECTION 2. Amendments
The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as set forth below, with additions in red double underline and deletions in strikethrough. Sections, subsections, subdivisions, tables, paragraphs, and texts that are not amended by this Ordinance are not included below, and shall remain in full force and effect.
1. Revisions to Chapter 20.420 “Prohibition on New Significant Tobacco Retailers” under Title 20
Chapter 20.420 (Prohibition on New Significant Tobacco Retailers)
. . .
§ 20.420.003 Significant Tobacco Retailers Prohibited
A. Unless otherwise exempted under subsection (c) of this provision Chapter 6.467 of this Code, significant tobacco retailers are not a permitted use and are prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a significant tobacco retailer within the City.
B. The establishment, maintenance or operation of a significant tobacco retailer within the City is declared to be a public nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions.
C. Significant tobacco retailers as defined in this Chapter that were lawfully established prior to the effective date of Ordinance No. 1455 prohibiting significant tobacco retailers shall be exempt from the prohibition set forth under subsection (a) of this provision.
2. Revisions to Chapter 20.620 “Use Classifications” under Title 20
Chapter 20.620 (Use Classifications)
. . .
§ 20.620.040 Commercial Use Classifications
. . .
Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
A. Bar/Night Club/Lounge. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks.
B. Coffee Shop/Café. Establishments that primarily serve beverages, such as coffee, juices or sodas for consumption on or near the premises, or a specialty snack, such as ice cream, frozen yogurt, cookies or popcorn.
C. Hookah Bar/Smoking Lounge. Businesses serving flavored tobacco or other products for on-site smoking.
CD. Restaurant, Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may be provided.
DE. Restaurant, Limited Service. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This classification includes cafeterias, fast-food restaurants, carryout sandwich shops, limited-service pizza parlors and delivery shops, self-service restaurants, snack bars and takeout restaurants. This classification also includes catering businesses or bakeries that have a storefront retail component.
3. Revisions to Chapter 20.100 “Non-Residential Districts” under Title 20
Chapter 20.100 (Non-Residential Districts)
. . .
§ 20.100.002 Use Regulations
|
Table 20.100.002: Use Regulations - Non-Residential Zoning Districts |
|
Use Classification |
CC |
BPO |
BTP-M & GMP |
BTP-H & OPSP |
MIM |
MIH |
Additional Regulations |
|
“P” = Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit; “―” = Use Not Allowed |
|
Commercial Uses |
|
Eating and Drinking Establishments |
|
Bar/Night Club/ Lounge |
C |
― |
― |
― |
― |
― |
|
|
Coffee Shop/Cafe |
P |
P |
P |
P |
P |
P |
See Chapter 20.350, Outdoor Seating |
|
Hookah bar/Smoking Lounge |
― |
― |
― |
― |
C |
C |
|
|
Restaurant, Full Service |
P |
P |
P |
P |
P |
P |
See Chapter 20.350, Outdoor Seating |
|
Restaurant, Limited Service |
P |
P |
P |
P |
P |
P |
See Chapter 20.350, Outdoor Seating |
SECTION 3. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance.