o0047-18

FILE NO. 171108 SUBSTITUTED 1/9/2018 ORDINANCE NO. 47-18 [Planning Code - Restaurant and Bar Uses in Jackson Square, Broadway and North Beach, and Pacific Avenue Office Uses] Ordinance amending the Planning Code to regulate restaurant and bar uses in the Jackson Square Special Use District, Broadway Neighborhood Commercial District, North Beach Neighborhood Commercial District, and North Beach Special Use District; amending the Jackson Square Special Use District to require a conditional use permit for Office Uses, Business Services, and Institutional Uses fronting on Pacific Avenue; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public necessity, convenience and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 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 itelics Times ]\fc1'v Romen 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: 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. 171108 and is incorporated herein by reference. The Board affirms this determination. Supervisor Peskin BOARD OF SUPERVISORS Page 1 (b) On January 11, 2018, the Planning Commission, in Resolution No. 20088, 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 101 .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. 171108, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20088, and the Board incorporates such reasons herein by reference. A copy of Planning Commission Resolution No. 20088 is on file with the 1 O Board of Supervisors in File No. 171108. Section 2. The Planning Code is hereby amended by revising Sections 178, 249.25, 714, 722, and 780.3, to read as follows: SEC. 178. CONDITIONAL USES. * * * * (d) Abandonment. A permitted conditional use wAfeh that is discontinued for a period of three years, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code. For purposes o this Subsection, the period of nonuse for a permitted conditional use to be deemed discontinued in the North Beach, and Castro Street Neighborhood Commercial Districts, and the Jackson Square Special Use District shall be eighteen (18) months, except thet in the North Beech }leighborhood Commcrciel District, the period of non use for Et Rcsteurent use, es defined in Section 102, to be deemed discontinued shell be three ycers. Supervisor Peskin BOARD OF SUPERVISORS Page 2 A permitted conditional Formula Retail use which is discontinued for a period of 18 months, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to Article 3 of this Code. SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT. * * * * (b) Controls. (1) General. The provisions of the C-2 use district as established in Section 210.2 and applicable provisions of the Washington-Broadway Special Use Districts (Section 239), and the Chinatown Community Business District (Section 810.1 ), shall prevail except as provided in paragraphs (2) and (3) below. (2) Conditional Uses. (A) Office Uses,_ Business Services,_ and Institutional Uses as set forth in Section 102 of this Code at the ground floor are subject to Conditional Use authorization pursuant to Section 303 of this Code, provided, however, that building lobbies, entrances, and exits to and from the basement, ground floor, or upper floors, and other reasonably-sized common areas at the ground floor shall be permitted without Conditional Use authorization. In addition to the findings required under Section 303(c) for Conditional Use authorization, the Commission shall make the following findings: (i) The use shall be necessary to preserve the historic resource and no other use can be demonstrated to preserve the historic resource. (ii) The use shall be compatible with, and shall enhance, the unique retail character of the District. (B) Subsection (b)(2)~4) shttll not apply to tmy use thtttfronts Pttcijic Street. Restaurants, Limited Restaurants, and Bars. Restaurant, Limited Restaurant and Bar uses mav be Supervisor Peskin BOARD OF SUPERVISORS Page permitted as a Conditional Use on the First Story through the procedures set forth in Section 303 onlv ifthe ZoningAdministrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currentlv or was last legally occupied bv one of the uses described below,· provided that its last use has not been discontinued or abandoned pursuant to Sections 186.1 (d) or 178(d) ofthis Code and that the proposed new use will not enlarge the space; and provided fitrther that no Conditional Use shall be required ifthe use remains the same as the prior authorized use, with no enlargement or intensification of use: (i) A Bar mav occupy a space that is currently or last legally occupied bv a Bar; (ii) A Restaurant mav occupy a space that is currentlv or was last legally occupied by a Restaurant or Bar; and (iii) A Limited Restaurant mav occupv a space that is currently or was last legally occupied bv a Limited Restaurant, Restaurant or Bar. (iv) Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar. (3) Prohibited Uses. Adult Businesses, as defined in Section 102 of this Code, are prohibited. SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * (5) BROADWAY LIQUOR LICENSES FOR RESTAURANTS Boundaries: Applicable to the Broadway Neighborhood Commercial District. Supervisor Peskin BOARD OF SUPERVISORS Page Controls: A Restaurant Use may only add ABC license types 1.L. 47, 49 or 75 as a Conditional Use on the ground level First St01y if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the restaurant is operating as a Bona Fide Eating Place, as defined in Section 790.1421 I 02 of this Code. Should a restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation. * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * (5) NORTH BEACH SPECIAL USE DISTRICT (Section 780.3): Restaurants, Limited-Restaurants and Bars may be permitted as a Conditional Use on the First Story Pf* through the procedures set forth in Section 303 only if the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one of the uses described below seme use es thet being proposed; provided that Stteh its last use has not been discontinued or abandoned pursuant to Sections 186.1 (d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required ifthe use remains the same as the prior authorized use, with no enlargement or intensification of use: (A) A Bar mav occupy a space that is currentlv or last legally occupied by a Bar,· Supervisor Peskin BOARD OF SUPERVISORS Page (B) A Restaurant mav occupy a space that is currently or was last legallv occupied bv a Restaurant or Bar,· and (C) A Limited Restaurant mav occupy a space that is currently or was last legallv occupied bv a Limited Restaurant, Restaurant or Bar. thet the follmving shell apply: (A) tt Ber could occupy e spttce thet is currently or wtts ktst legttlly occupied by tt Ber, (B) tt Rcsteurent could occupy e spttce thet is currently or wtts lttst lcgelly occupied by tt Rcsteurent or Ber, ttnd (C) e Limited Rcsfflumnt could occupy tt spttce thttt is currently or •ves lest legttlly occupied by tt Limited Rcsteumnt, Rcsfflurttnt, or Ber. {QLExcept as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar. (6) NORTH BEACH LIQUOR LICENSES FOR RESTAURANTS (Section 780.3): A Restaurant Use may only add ABC license types 1.L_ 47, 49 or 75 as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the Restaurant is operating as a Bona Fide Eating Place as defined in Section 102. 790.142. Should a Restaurant fail to operate as a Bona Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation. To verify that the Restaurant is continuing to operate as a Bona Fide Eating Place, records of the Restaurant's gross receipts, showing that a minimum of 51 % of its gross receipts within the last year is from food sales prepared and sold to guests on the premises, shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury. * * * * SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT. * * * * (c) Controls. The following provisions shall apply within such district: Supervisor Peskin BOARD OF SUPERVISORS Page 6 (1 ): Restaurants, Limited-Restaurants and Bars may be permitted as a Conditional Use on the First Story peP- through the procedures set forth in Section 303 only if, the Zoning Administrator first determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a space that is currently or was last legally occupied by one ofthe uses described below same use as that bcingproposcd; provided that stteh its last use has not been discontinued or abandoned pursuant to Sections 186.1 (d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and provided further that no Conditional Use shall be required ifthe use remains the same as the prior authorized use, with no enlargement or intensification of use: (A) A Bar may occupy a space that is currently or last legally occupied by a Bar; (B) A Restaurant may occupy a space that is currently or was last legally occupied by a Restaurant or Bar; and (C) A Limited Restaurant may occupy a space that is currently or was last legally occupied by a Limited Restaurant, Restaurant or Bar. (D) Except as provided herein, no other use shall be allowed to convert to a Limited Restaurant, Restaurant or Bar. (2) Alcohol Licenses. A Restaurant may provide on-site beer, wine, and/or liquor sales for drinking on the premises (with ABC license types 41, 47, 49, 59 or 75) as a Conditional Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning Commission finds, based on information submitted to the Department by the applicant, that the Restaurant is and will continue to operate as a Bona-Fide Eating Place as defined in Section 102. Should a Restaurant fail to operate as a Bona-Fide Eating Place for any length of time, the Conditional Use authorization shall be subject to immediate revocation per Planning Code Section 303(f). To verify that the Restaurant is continuing to operate as a Supervisor Peskin BOARD OF SUPERVISORS Page 7 Bona-Fide Eating Place, records of the Restaurant's gross receipts, showing that a minimum of 51 % of its gross receipts within the last year preceding the Department's request is from food sales prepared and sold to guests on the premises promises, shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury. * * * * 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 1 O 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. . 20 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. n:\legana\as2018\1800115\01244834.docx Supervisor Peskin BOARD OF SUPERVISORS Page 8 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 171108 Date Passed: March 06, 2018 Ordinance amending the Planning Code to regulate restaurant and bar uses in the Jackson Square Special Use District, Broadway Neighborhood Commercial District, North Beach Neighborhood Commercial District, and North Beach Special Use District; amending the Jackson Square Special Use District to require a conditional use permit for Office Uses, Business Services, and Institutional Uses fronting on Pacific Avenue; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of public necessity, convenience and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. February 12, 2018 Land Use and Transportation Committee - RECOMMENDED February 27, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani and Yee Excused: 1 - Tang March 06, 2018 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee File No. 171108 Mark E. Farrell Mayor City and County of San Francisco Page 7 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/6/2018 by the Board of Supervisors of the City and County of San Francisco. 6ate Approved Printed at 2: 22 pm on 317118