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Report regarding a proposed amendment 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 and Kimia Mahallati, Assistant City Attorney)
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RECOMMENDATION
Recommendation
Staff recommends that the City Council conduct a public hearing, follow the recommendations of the Planning Commission and take the following actions:
1. Determine that the proposed Zoning Ordinance amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378; and
2. Waiver reading and introduce 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.
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BACKGROUND
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. Earlier this year, the City Council adopted an Ordinance to adopt by reference Chapter 4.98 of the San Mateo County Ordinance Code (SMCOC), “Tobacco Retailer Permit.” The proposed amendments to the Zoning Code are for the purpose of ensuring internally consistency with the previously adopted Ordinance specifically regarding flavored tobacco, and also to streamline enforcement of tobacco regulations.
DISCUSSION
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 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. 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 provided an exemption for significant tobacco retailers that were lawfully established prior to the effective date of Chapter 20.420. Since the City Council repealed Chapter 6.47, the language in Chapter 20.420 referring to Chapter 6.47 is no longer accurate.
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”. This use is currently permitted with a Conditional Use Permit in the Mixed Industrial zoning districts. Based on the City’s adoption of the County’s ordinance, to the extent that this use classification encompasses serving flavored or unflavored tobacco or nicotine projects for on-site smoking, this use would no longer be allowed under the County.
While a hookah bar could be operated with unflavored tobacco (if consistent with all of the other provisions of the County’s ordinance), it is likely that this type of business could create enforcement challenges, if it were to be permitted. Moreover, eliminating this use furthers the City’s objectives to promote public health and welfare by regulating the use of tobacco products. Thus, staff recommends removing hookah bar / smoking lounge from the land use classification in the zoning ordinance and no longer permitting these uses. As there are not currently any permitted hookah bar / smoking lounges operating in the City, this amendment would not create any legal non-conforming uses. However, if an application were to be submitted to the Planning Division for a Conditional Use Permit for a hookah bar / smoking lounge prior to the date of this City Council action (including payment of the application fees), the application would not be subject to this amendment.
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, practice, and enforcement
• Promoting the public health and welfare by regulating tobacco use
Proposed Amendments
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, do not involve any expansions in use or creating new uses, and would not have any significant effects on the environmental as they have no potential for resulting in direct or indirect physical changes to the environment.
PLANNING COMMISSION ACTION
The Planning Commission considered the proposed amendments to the Zoning Ordinance during a public hearing held on June 5, 2025. The Commission did not receive any public comments during this public hearing. The Planning Commission unanimously voted to recommend approval of the proposed Zoning Ordinance amendments to City Council; the Planning Commission resolution recommending approval is Attachment 1 to this staff report.
FISCAL IMPACT
There is no immediate fiscal impact to the City, with the adoption of the proposed amendments to the Zoning Ordinance.
RELATIONSHIP TO THE STRATEGIC PLAN
Adoption of the proposed Zoning Ordinance amendments meets the City’s strategic planning goal of maintaining a healthy and sustainable city.
CONCLUSION
Staff recommends that the City Council conduct a public hearing, follow the recommendation of the Planning Commission, determine that the proposed Zoning Ordinance amendment is exempt from CEQA, and introduce an Ordinance making 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.
Attachments:
1. Planning Commission Resolution Number 10-2025
2. Staff Presentation
Associated File 25-689
1. Zoning Text Amendment Ordinance