o0004-21

Planning Code - Cannabis Uses

San Francisco Planning Code · Ord. No. 0004-21

Corpus is an independent public-information project, not the official City of San Francisco website. Stable reference URL

AMENDED IN COMMITTEE FILE NO. 201261 12/14/2020 ORDINANCE NO. Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 [Planning Code - Cannabis Uses] Ordinance amending the Planning Code to extend from January 1, 2021, to January 1, 2022, the sunset date for the provision allowing for the conversion of Medical Cannabis Dispensaries with Planning Commission approval to a Cannabis Retail Use; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and making public necessity, convenience, and welfare findings under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 201261 and is incorporated herein by reference. The Board affirms this determination. (b) On November 12, 2020, the Planning Commission, in Resolution No. __________, adopted findings that waived its authority to review this ordinance. The Board hereby finds that the actions contemplated in this ordinance are consistent, on balance, with the City’s 4-21

Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS

Page 2 General Plan and eight priority policies of Planning Code Section 101.1,. In this Resolution, the Planning Commission also adopted findings and that the actions contemplated in this ordinance will serve the public necessity, convenience, and welfare, pursuant to Planning Code Section 302. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. __________, and is incorporated herein by reference.

Section 2. The Planning Code is hereby amended by revising Section 190 to read as follows: SEC. 190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS RETAIL ESTABLISHMENTS. * * * * (d) This Section 190 shall expire by operation of law on January 1, 20212022. Upon its expiration, the City Attorney shall cause this Section 190 to be removed from the Planning Code.

Section 3. Effective Date; Retroactivity. (a) This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance. (b) It is the intention of the Board of Supervisors that the option to convert a Medical Cannabis Dispensary Use to a Cannabis Retial Use continue uninterrupted until January 1, 2022. Accordingly, upon the effective date of this ordinance, the ordinance shall be retroactive to January 1, 2021.

Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS

Page 3

Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the “Note” that appears under the official title of the ordinance.

APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney

By: /s/ Sarah A. Crowley

SARAH A. CROWLEY

Deputy City Attorney

n:\legana\as2020\2100116\01500327.docx

San Francisco CA o0004-21 | Municipal Law | Corpus