Title
Report regarding proposed amendments to Title 20 (Zoning) of the South San Francisco Municipal Code regarding provisions regulating tobacco use to make minor revisions, corrections, and clarifications to ensure consistency throughout the Municipal Code, to remove “Hookah Bar/Smoking Lounge” from the Commercial Use Classifications under Section 20.620.040, and determining that the proposed Zoning amendments are exempt from CEQA. (Adena Friedman, Chief Planner; Billy Gross, Principal Planner; Kimia Mahallati, Assistant City Attorney)
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MOTION TO ADOPT STAFF RECOMMENDATIONS
1. Move to adopt the Resolution recommending that the City Council adopt an Ordinance amending Title 20 of the South San Francisco Municipal Code.
2. Move to determine the proposed Zoning amendments are exempt from CEQA.
RECOMMENDATION
Recommendation
Staff recommends that the Planning Commission conduct a public hearing and take the following action:
1. Move to adopt the attached Resolution recommending that the City Council adopt an Ordinance amending Title 20 (Zoning) of the South San Francisco Municipal Code regarding provisions regulating tobacco use 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.
2. Move to find that the proposed Zoning amendments are not a “Project” and therefore exempt from CEQA pursuant to CEQA Guidelines, § 15378.
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BACKGROUND/DISCUSSION
Recent changes to state and county laws necessitated respective amendments to, and repeals of, the City’s existing tobacco-related ordinances in order to comply with new state laws and the County’s subsequent amendments to its own tobacco retailer permit ordinance.
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 (Attachment 1). SMCOC Chapter 4.98 requires all retailers to obtain and maintain a valid tobacco retailer’s permit from San Mateo County for each location where tobacco products are sold. Further, SMCOC Chapter 4.98 authorizes the County’s Environmental Health Division to hold hearings, suspend permits, and issue administrative fines in enforcing the governing of tobacco retailer permits. The City’s adoption by reference of SMCOC Chapter 4.98 is significant, as it serves as the mechanism for the County’s enforcement of Tobacco Retailer Permits in the City.
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. Significant tobacco retailers are defined as any tobacco retailer with 20 percent or more of floor area and display area devoted to the sale or exchange of tobacco products, tobacco paraphernalia, or both; or 50 percent or more of completed sales including tobacco products or paraphernalia.
On September 25, 2019, the City Council approved amending Title 8, Chapter 8.50 and Title 20, Chapter 20.420 and adding Title 6, Chapter 6.47 of the South San Francisco Municipal Code pertaining to the sale of tobacco, flavored tobacco, and electronic smoking devices. Section 6.47.050(a) provided an exemption for significant tobacco retailers that were lawfully established prior to the effective date of Chapter 20.420. This ordinance went into effect on January 1, 2020.
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, included herein as Attachment 1. The County’s newly adopted Chapter 4.98 strengthens enforcement, requires two inspections per year of all retailers, and establishes retail restrictions for new businesses. The newly adopted SMCOC Chapter 4.98 also 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. Additionally, SMCOC Chapter 4.98 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.
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. This requirement is important to ensure County Health has the authority and ability to efficiently enforce a uniform regulatory scheme across all jurisdictions. 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. By doing so, the City would 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. The County’s Tobacco Retailer Permit Ordinance also allows the County to administer tobacco retailer permits and enforce the ordinance with guidelines more stringent than state law.
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). On May 14, 2025, the City Council waived reading, held a public hearing and adopted the Ordinance.
San Mateo County’s SMCOC Chapter 4.98 specifically prohibits any person or tobacco retailer from selling or offering to sell any flavored tobacco product or tobacco product flavor enhancer. Flavored tobacco products include hookah pipes. SMCOC Chapter 4.98 follows the requirements of Senate Bill 793, signed by the Governor in 2020. SB 793 includes a subdivision that allows a hookah tobacco retailer to sell flavored shisha tobacco products if the hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time. However, San Mateo County’s newly adopted SMCOC Chapter 4.98 purposefully did not include this subdivision.
The City’s Zoning Ordinance (SSFMC Title 20) includes a use classification specific to “Hookah Bar / Smoking Lounge”, which are defined as “businesses serving flavored tobacco or other products for on-site smoking”. Based on the City’s adoption of the County’s ordinance, this use classification would no longer be allowed under the County ordinance and therefore is proposed to be removed from SSFMC Title 20.
Overall, the proposed amendments are intended for the purposes of:
• Correcting cross-references that are no longer applicable
• Clarifying intent and language to ensure consistency with existing policy and practice
• Promote the public health and welfare
Any changes proposed to the existing Zoning Ordinance are shown using a strikethrough and double underline format, where text that is struck out is removed and text that is double underlined is added.
1. Amendments to Title 20 to Make Minor Revisions, Corrections and Clarifications Following City’s Adoption by Reference of Title 4, Chapter 4.98 of San Mateo County Ordinance Code.
As stated above, SSFMC Chapter 20.420 prohibits the establishment of a new significant tobacco retailer. SSFMC Chapter 20.420 currently contains a reference to 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. The proposed amendments remove reference to the language in Chapter 20.420 which refers to the now-repealed Chapter 6.47, but adds in the language from the now-repealed Chapter 6.47 that provides the exemption for already-existing significant tobacco retailers that were lawfully established prior to the effective date of Chapter 20.420.
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. Amendments to Title 20 to Remove “Hookah Bar/Smoking Lounge” from the Commercial 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.
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 |
CEQA REVIEW
The modifications to regulations pertaining to regulating tobacco use are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as the proposed modifications are minor in nature and are not considered a Project per the CEQA Guidelines, 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.
CONCLUSION
It is recommended that the Planning Commission adopt a resolution recommending that the City Council adopt an ordinance to modify Title 20 (Zoning) of the South San Francisco Municipal Code regarding provisions regulating tobacco use to make minor revisions, corrections, and clarifications to ensure consistency throughout the Municipal Code, to remove “Hookah Bar/Smoking Lounge” from the Commercial Use Classifications under Section 20.620.040, and determining that the proposed Zoning amendments are exempt from CEQA.
Attachment:
1. SMCOC Chapter 4.98
Associated File and Exhibit:
1. Zoning Text Amendment Resolution (Legistar File 25-611)
Exhibit A: Draft Zoning Text Amendment Ordinance