o0016-19

AMENDED IN COMMITTEE FILE NO. 181061 01/07/2019 ORDINANCE NO. 16-19 [Planning Code- Conversion of Medical Cannabis Dispensary Uses to Cannabis Retail Uses] Ordinance amending the Planning Code to allow Medical Cannabis Dispensaries (MCDs) with approvals from the Planning Department for a Medical Cannabis Dispensary Use as of January 5, 2018, to apply to convert to Cannabis Retail Uses under the same conditions as MCDs that held valid final permits from Department of Public Health as of January 5, 2018; exempting all such converted Cannabis Retail Uses from otherwise applicable Conditional Use Authorization requirements; clarifying that such Cannabis Retail Uses are not exempted from any minimum radius that is required by a State licensing authority for distance between a Cannabis Retailer and an existing school, day care center or youth center; allowing Equity Program or Equity Incubator Applicants who have MCD applications pending at the Planning Department to apply to convert to Cannabis Retail Uses; exempting such Cannabis Retail Uses from the minimum radius requirements between those establishments and existing Cannabis Retailers and Medical Cannabis Retailers; 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 1\Tert' Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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: City Administrator BOARD OF SUPERVISORS Page 1 Section 1. (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. 181061 and is incorporated herein by reference. The Board affirms this determination. (b) On November 15, 2018, the Planning Commission, in Resolution No. 20340, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 1 01.1. 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. 181061, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that these Planning Code Amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20340, and the Board incorporates such reasons herein by reference. Section 2. Article 1.7 of 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. (a) Conversion o(MCDs with Planning Commission Approval to Cannabis Retail Uses. City Administrator BOARD OF SUPERVISORS Page 2 {.ll__An establishment may convert from the prior authorized Use at the property to a Cannabis Retail Use by obtaining a building permit authorizing the change of Use, ifthe establishment (to be termed a "Grand[athered MCD") satisfies one o[the following three criteria: that either (A) holds a valid final permit from the Department of Public Health to operate as a Medical Cannabis Dispensary, pursuant to Section 3307 ofthe Health Code, as of the effictive date (}jthe ordinance in Board:l1'ile l'lo. 171042January 5, 2018,· (B) holds an approval for a Medical Cannabis Dispensary Use from the Planning Department as o[January 5, 2018,· or that (C) submitted a complete application for -sueh a permit from the Department o[Public Health to operate as a Medical Cannabis Dispensary by July 20, 2017'- and receives -sueh afinal permitfrom the Department o.fPublic Health ("GrandfatheredA1CD"),_ may convert te-a Cannabis Retail Use by obtaining a buildingpermit autlwrizing the change (}fuse, as set forth belor~·. Such permits are su&ject to neigllborhood notification pursuant to Section 312, regardless (}}zoning district. (21 A Grandfathered MCD converting to a Cannabis Retail Use pursuant to this Section 190 is not subject to: (A) a Conditional Use Authorization requirement for Cannabis Retail Uses in the zoning district in which it is located; or (B) the locational restrictions for Cannabis Retail set forth in subsection 202.2(a)., except that if a State licensing authority specifies a minimum radius from an existing School, public or private, or from an existing day care center or youth center, that minimum radius shall apply. (3) A Grand[athered MCD is subject to all other Planning Code requirements, including but not limited to the neighborhood notification requirement o[Section 312. City Administrator BOARD OF SUPERVISORS Page 3 (c) In order for a Grandfothered MXJD to convert to a Cannabis Retail Use pursuant to tlzis Section 190, a completed application for the change &juse must be submitted to the Department &/ Building Inspection no later Man A1arch 31, 2018, and afirst approval by the Planning Department or Planning Commission must be received OJ? or before December 31, 2019. An application !Fill be deemed to have received its first approvalfrom the Planning Department or Planning Commission it7hen Mat body issues its decision, regardless o.fwhether any appeal or lart7suit is subsequentlyfiled challenging any City appro-val related to Me application. (b) Establishment of Cannabis Retail Uses at Sites with MCD Applications Pending Before the Planning Commission. (1) For the purposes ofthis subsection (b), a Pending MCD Applicant is an applicant that submitted a complete application to the Department o(Public Health to operate a Medical Cannabis Dispensary by July 20, 2017, but that did not receive a permit or authorization tram the Planning Department to operate such Use as o(January 5, 2018, and that qualifies as either an Equity Applicant or an Equity Incubator pursuant to Section 1604 o(the Police Code. (2) A Pending MCD Applicant may establish a Cannabis Retail Use at the property where the application to operate a Medical Cannabis Dispensary was proposed by obtaining building permit authorization {Or the change o(use. (3) Except as specified in this subsection (Q), a Pending MCD Applicant that obtains a change o[use permit {Or a Cannabis Retail Use is subject to all Planning Code requirements, including but not limited to the neighborhood notification requirement set fOrth in Section 312 and Conditional Use Authorization i(required {Or a Cannabis Retail Use by the zoning district in which the property is located. (4) A Pending MCD Applicant is not subject to the minimum radius requirement between Cannabis Retailers or between a Cannabis Retailer and a Medicinal Cannabis Retailer, as set City Administrator BOARD OF SUPERVISORS Page4 i forth in subsection 202.2(a), but is subject to all other locational requirements for Cannabis Retail set forth in subsection 202.2(a). (f.d) All other applications for a change of use from a Medical Cannabis Dispensary Use to a Cannabis Retail Use shall be subject to the zoning controls for the district in which the Medical Cannabis Dispensary is located. (fie) This Section 190 shall expire by operation of law on January 1, 202{)1_. Upon its expiration, the City Attorney shall cause this Section 190 to be removed from the Planning Code. Section 3. Effective Date. 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. 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: VICTORIA WONG/ \ Deputy City Attor6e),(/ n:\legana\as2018\1900068\01332396.docx City Administrator BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 181061 Date Passed: January 29, 2019 Ordinance amending the Planning Code to allow Medical Cannabis Dispensaries (MCDs) with approvals from the Planning Department for a Medical Cannabis Dispensary Use as of January 5, 2018, to apply to convert to Cannabis Retail Uses under the same conditions as MCDs that held valid final permits from the Department of Public Health as of January 5, 2018; exempting all such converted Cannabis Retail Uses from otherwise applicable Conditional Use Authorization requirements; allowing Equity Program or Equity Incubator Applicants who have MCD applications pending at the Planning Department to apply to convert to Cannabis Retail Uses; exempting such Cannabis Retail Uses from the minimum radius requirements between those establishments and existing Cannabis Retailers and Medical Cannabis Retailers; 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. January 07, 2019 Land Use and Transportation Committee- AMENDED January 07, 2019 Land Use and Transportation Committee- RECOMMENDED AS AM!=NDED January 15, 2019 Board of Supervisors- PASSED ON FIRST READING Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee January 29, 2019 Board of Supervisors- DUPLICATED January 29, 2019 Board of Supervisors- FINALLY PASSED City and County of San Francisco Ayes: 11- Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 11:58 am on 1/30/19 File No. 181061 City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/29/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:58 am onl/30/19