o0070-24

FILE NO. 231225 AMENDED IN COMMITTEE 3/18/2024 ORDINANCE NO. 070-24 [Planning Code - Tobacco Paraphernalia Establishments in North of Market SUD and Lower Polk Street NCO] Ordinance amending the Planning Code to requireprohibit in the North of Market Special Use District (SUD) and Lower Polk Street Neighborhood Commercial District (NCDlthat Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed obtain conditional use authorization, and to establish that after 18 months180 days of non-use a legal non- conforming Tobacco Paraphernalia Establishment in the SUD or NCO will be deemed abandoned, preventing its restoration except as a new Tobacco Paraphernalia Establishment; and 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 findings of public necessity, convenience, and welfare pursuant to 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 st-rikcfhf'OHgh ilctlics Times l'kw Remenfont. 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. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Supervisors Preston; Peskin BOARD OF SUPERVISORS Page 1 Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 231225 and is incorporated herein by reference. The Board affirms this determination. (b) On February 8, 2024, the Planning Commission, in Resolution No. 21508, 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. 231225, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21508, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 231225. Section 2. Articles 1± afl€f. 2, and 7 of the Planning Code are hereby amended by revising Sections 102,209.3, 210.2, 249.5, and 744, to read as follows: SEC. 102. DEFINITIONS. * * * * Tobacco Paraphernalia Establishment. A Retail Sales and Service Use where more than 10% of the square footage of Occupied Floor Area, as defined in Section 102, or more than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person to another. For purposes of Sections 249.5, 719,. am:1-723, and 744 of this Code, however, Tobacco Paraphernalia Establishments shall mean retail uses where any Tobacco Supervisors Preston; Peskin BOARD OF SUPERVISORS Page 2 Paraphernalia is sold, distributed, delivered, furnished, or marketed from one person to another. "Tobacco Paraphernalia" means paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in California Health and Safety Code Sections 11054, et seq. "Tobacco Paraphernalia" does not include lighters, matches, cigarette holders, any device used to store or preserve tobacco, tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is permitted by existing law. Cannabis Retail Uses as defined in Section 102, Temporary Cannabis Retail Uses as defined in Section 205.2, and Medical Cannabis Dispensary Uses as defined in Section 102 are not Tobacco Paraphernalia Establishments. * * * * SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category II § References II RC-3 II RC-4 * * * * 'NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category * * * * Tobacco Paraphernalia Ste-,,:eEstablishment * * * * * * * * Supervisors Preston; Peskin BOARD OF SUPERVISORS § 102 C (6) CQJ.(6) Page 3 (2) {]Vote Deleted}TOBACCO PARAPHERNALIA ESTABLISHMENTS IN THE NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT -A special definition of "Tobacco Paraphernalia Establishments" set forth in Section 102 applies to parcels in the North of Market Residential Special Use District (Sec. 249.5). Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. Additionally, a legal non-conforming Tobacco Paraphernalia Establishment in the North of Market Residential Special Use District is deemed abandoned afier 18 months 180 days of non-use. * * * * (6) NP above the second floor. * * * * SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS Zoning Category § References C-3-0 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category * * * * Tobacco Paraphernalia St&eEstablishment * * * * * * * * Supervisors Preston; Peskin BOARD OF SUPERVISORS § 102 C C-3-0(SD) C-3-R C C C-3-G C-3-S C{lJl C Page 4 {jJJJ. C on the 2nd floor and above, except that a Massage Establishment located on the 2nd floor or above accessory to a Hotel, Personal Service or Health Service is P. (11) TOBACCO PARAPHERNALIA ESTABLISHMENTS IN THE NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT -A special definition of "Tobacco Paraphernalia Establishments" set forth in Section 102 applies to parcels in the North of Market Residential Special Use District (Sec. 249.5). Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. Additionally, a legal non-conforming Tobacco Paraphernalia Establishment in the North of Market Residential Special Use District is deemed abandoned afier 18 months 180 days of non-use. SEC. 249.5. NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT. * * * * (e) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the North of Market Residential Special Use District are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35. (f) Tobacco Paraphernalia Establishments. A special definition of "Tobacco Paraphernalia Establishments" applicable to the North of Market Residential Special Use District is set forth in Section 102. Zoning controls for Tobacco Paraphernalia Establishments are set forth in other Sections of this Code.Tobacco Paraphernalia Establishments are not permitted in the North of Market Residential Special Use District. In the North of Market Residential Special Use District, a legal non-conforming Tobacco Paraphernalia Establishment shall be deemed abandoned afier 18 months 180 days of non use. Supervisors Preston; Peskin BOARD OF SUPERVISORS Page 5 SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category Ii§ References Controls * * * * I NON-RESIDENTIAL USES Controls by Story I 1st 2nd 3rd+ * * * * Sales and Service Use Category * * * * Tobacco Paraphernalia Establishment § 102 GNP(6) NP!fil NP!fil * * * * * * * * (5) P where existing use is any Automotive Use. (6) TOBACCO PARAPHERNALIA ESTABLISHMENTS - Tobacco Paraghernalia Establishments are not germitted in the Lower Polk Street Neighborhood Commercial District and within one-guarter mile of the boundaries of that Neighborhood Commercial District. A sgecial definition of "Tobacco Paraghernalia Establishments" set forth in Section 102 agglies to garcels in the Lower Polk Street Neighborhood Commercial District. Additionally, a legal non-conforming Tobacco Paraghernalia Establishment in the Lower Polk Street Neighborhood Commercial District is deemed abandoned after 180 days of non-use. 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 Supervisors Preston; Peskin BOARD OF SUPERVISORS Page 6 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. The number "10" in Footnote 10 of Table 210.2 of the Planning Code has been reproduced with font indicating an addition to the Code, to correct a prior numbering error. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ HEATHER GOODMAN HEATHER GOODMAN Deputy City Attorney n:\legana\as2023\2400155\017 44209.docx Supervisors Preston; Peskin BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 I 02-4689 File Number: 231225 Date Passed: April 02, 2024 Ordinance amending the Planning Code to prohibit in the North of Market Special Use District (SUD) and Lower Polk Street Neighborhood Commercial District (NCO) Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed, and to establish that after 180 days of non-use a legal non-conforming Tobacco Paraphernalia Establishment in the SUD or NCO will be deemed abandoned, preventing its restoration; and 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 findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. March 18, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE March 18, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED March 25, 2024 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT March 26, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Ronen, Safai, Stefani and Walton Absent: 1 - Melgar April 02, 2024 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page I Printed at 9: 13 am on 413124 File No. 231225 London N. Breed Mayor City a11d Cou11ty of Sa11 Fra11cisco Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 4/2/2024 by the Board of Supervisors of the City and County of San Francisco. Date Approved Pri11ted at 9: 13 am 0114/3/24