o0050-17

AMENDED IN COMMITTEE FILE NO. 160748 2/13/2017 ORDINANCE NO. 50-17 [Planning Code - Amusement Arcades in the South of Market and Eastern Neighborhoods Mixed Yse Service/Light Industrial Districts] Ordinance amending the Planning Code to allow amusement arcades in the South of Market Service/Light Industrial District all South of Market and Eastern Neighborhoods Mixed Use Distrists exsept for the Residential Enslave Distrists; 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 adopting findings of public convenience, necessity, and welfare 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'lev,· 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: 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. 1607 48 and is incorporated herein by reference. The Board affirms this determination. (b) On September 29, 2016, the Planning Commission, in Resolution No. 19750, 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 Supervisor Kim BOARD OF SUPERVISORS Page 1 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. 160748, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Commission Resolution No. 19750 and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Section 803.4 and the Zoning Control Tables of Sections 817 840, 841, 842, and 845, to read as follows: SEC. 803.4. USES PROHIBITED IN SOUTH OF MARKET AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. (a) . Uses which are not specifically listed. in this Article or Article 6 are not permitted in South of Market Mixed Use Districts unless they qualify as a nonconforming use pursuant I to Sections 180 through 186.1 of this Code or are determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code. Uses not permitted in any South of Market District include, but are not limited to, the following: Adult entertainment, bookstore or theater; amusement game areade or similar enterprise amusement game arcade or similar enterprise (except as permitted in the Service/Light Industrial District); shooting gallery; general advertising signs, except in the South of Market General Advertising Special Sign District; animal kennel, riding academy or livery stable; automobile, truck, van, recreational vehicle/trailer or camper sales, lease or rental; auto tow of inoperable vehicles; auto wrecking operation; drive-up facility; hotel (except as permitted as a conditional use as provided in Planning Code Section 818, Service/Secondary Office District), motel, hostel, inn, I or bed and breakfast establishment; heavy industry subject to Section 226(e) through (w) of this Code; junkyard; landing field for aircraft; massage establishment subject to Section 218.1 Supervisor Kim BOARD OF SUPERVISORS Page 2 of this Code; except in the Residential/Service Mixed Use District when provided in conjunction with full-service spa services; mortuary; movie theater and sports stadium or 1 arena. (b) No use, even though listed as a permitted use or otherwise allowed, shall be permitted in a South of Market District or Eastern Neighborhood Mixed Use District which, by reason of its nature or manner of operation, creates conditions that are hazardous, noxious, or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise. (c) The establishment of a use that sells alcoholic beverages, other than beer and 1 O wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section 229. SEC. 817. SLI - SERVICE/LIGHT INDUSTRIAL DISTRICT. The Service/Light Industrial (SU) District is designed to protect and facilitate the expansion of existing general commercial, manufacturing, home and business service, live/work use, arts uses, light industrial activities and small design professional office firms. I Existing group housing and dwelling units are protected from demolition or conversion to nonresidential use and development of group housing and low-income affordable dwelling units are permitted as a conditional use. General office, hotels, movie theaters, nighttime entertainment and adult entertainment uses are not permitted. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Table 817 SU-SERVICE/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE Service/Light No. Zoning Category § References Industrial District Controls Supervisor Kim BOARD OF SUPERVISORS Page 3 * * * * * * * * * * * * Assembly, Recreation, Arts and Entertainment * * * * 817.42 * * * * Amusement Game Arcade * * * * * * * * § 890.4 * * * * * * * * Section 3. As introduced, this ordinance proposed amendments to the Zoning Control Tables of Planning Code Sections 840, 841, 842, and 845 to allow Amusement Game Arcades in those zoning districts. At its regularly scheduled meeting on February 13, 2017, the Land Use and Transportation Committee deleted those proposed changes from the I ordinance .. Section 4. 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 5. 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 Supervisor Kim BOARD OF SUPERVISORS Page4 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 r· \ By: n:\legana\as2016\1600799\01169563.docx Supervisor Kim 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: 160748 Date Passed: March 07, 2017 Ordinance amending the Planning Code to allow amusement arcades in the South of Market Service/Light Industrial District; 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 adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. February 06, 2017 Land Use and Transportation Committee - CONTINUED February 13, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE February 13, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED February 28, 2017 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee March 07, 2017 Board of Supervisors - FINALLY PASSED Ayes: 10 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang and Yee Excused: 1 - Kim File No. 160748 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/7/2017 by the Board of Supervisors of the City and County of San Francisco. erk of the Board Date Approved City and County of San Francisco Pagel Printed at 3:03 pm 011 318117