o0071-23

AMENDED IN COMMITTEE FILE NO. 220971 4/03/2023 ORDINANCE NO. 071-23 [Planning Code - Gates, Railings, and Grillwork Exceptions for Cannabis Retail Uses and Existing Non-Residential Uses and Change in 75% Gate Transparency Requirement to 20%] Ordinance amending the Planning Code to exempt certain existing gates, railings, and grillwork at Non-Residential uses from transparency requirements, subject to the provisions for noncomplying structures, and exempt Cannabis Retail uses from transparency requirements for gates, railings, and grillwork for a three-year period, provided the Cannabis use installs artwork on any new exempt gates, and require removal of gates, railings, and grillwork installed pursuant to that exemption when a Cannabis Retail use's business permit becomes invalid or the business ceases to operate, and change the transparency requirement for gates. railings. and grillwork in Neighborhood Commercial Districts. Commercial Districts. Residential-Commercial Districts. and Mixed Use Districts from 75% to 20% open to perpendicular view with additional requirements for fire safety; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and welfare findings 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 strikethrough italics Times l'kw 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. Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page 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. 220971 and is incorporated herein by reference. The Board affirms this determination. (b) On December 8, 2022, the Planning Commission, in Resolution No. 21218, 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. 220971, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21218. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 220971, and is incorporated herein by reference. Section 2. Article 1.2 of the Planning Code is hereby amended by revising Section 145.1, to read as follows: SEC.145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. (a) Purpose. The purpose of this Section 145.1 is to preserve, enhance, and promote attractive, clearly defined street frontages that are pedestrian-oriented, and fine-grained, and that are appropriate and compatible with the buildings and uses in Neighborhood Commercial Districts, Commercial Districts, Residential-Commercial Districts, and Mixed Use Districts. * * * * Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page (c) Controls. The following requirements shall generally apply, except for those controls listed in subsections {£)_(1) Above Grade Parking Setback and {£)_(4) Ground Floor Ceiling Height, which only apply to a "development lot" as defined above, and except as specified in subsection (d). In NC-S Districts, the applicable frontage shall be the primary facade(s) that contains customer entrances to commercial spaces. * * * * (7) Gates, Railings, and Grillwork. Except as specified in subsection (d), gAny decorative railings or grillwork, other than wire mesh, which is placed in front of or behind ground floor windows, shall be at least 207-fl}:i!percent open to perpendicular view. Rolling or sliding security gates shall consist of open grillwork rather than solid material, so as to provide visual interest to pedestrians when the gates are closed, and to permit light to pass through mostly unobstructed. To ensure sufficient visibility for fire safety, gates that are less than 75% open to perpendicular views shall include a transparent viewing window or grill at least 10 inches in height. which shall be located at least 50-60 inches above the nearest abutting sidewalk. Gates, when both open and folded or rolled as •.veil as the gate mechanism, shall be recessed within, or laid flush with, the building fa9ade. Gates and gate mechanisms shall be consistent with any objective design standards that may be adopted by the Planning Commission. * * * * ( d) Exceptions. {lLExceptions for Historic Buildings. Specific street frontage requirements in this Section 145.1 may be modified or waived by the Planning Commission for structures designated as landmarks, significant or contributory buildings within a historic district, or buildings of merit when the Historic Preservation Commission advises that complying with Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page specific street frontage requirements would adversely affect the landmark, significant, contributory, or meritorious character of the structure, or that modification or waiver would enhance the economic feasibility of preservation of the landmark or structure. (2) Exception to Gates, Railings, and Grillwork Requirements for Cannabis Retail. (A) A Cannabis Retail use, as defined in Section 890.125 or Section 102, as applicable, is exempt from the requirements o{Section 145.1 (c)(7) as provided herein, and may install gates, railings, or grillwork that are less than lQ+J% open to perpendicular view, including features that are fully opaque, provided that such gates, railings, or grillwork are deployed only when the Cannabis Retail use is not open to the public for business. (B) A Cannabis Retail use that has installed any gates, railings, or grillwork pursuant to subsection (d)(2){A) shall remove such gates, railings, or grillwork within the earliest of the following: (i) 90 days after its Cannabis Business Permit issued pursuant to Article 16 of the Police Code is revoked or otherwise rendered invalid; (ii) 90 days after the Cannabis Retail use ceases regular operation at the premises; or (iii) 90 days after the Cannabis Retail use is abandoned or discontinued pursuant to either Section 178 or Section 183. (C) Any building permit application to install gates, railings, or grillwork pursuant to subsection (d)(2)(A) shall include a statement acknowledging the requirements of subsection (d)(2)(B). (D) Subsections (d){2){A) and (C) shall expire by operation oflaw three years after the effective date o{the ordinance in Board File No. 220971 enacting this subsection (d)(2). In the event a Cannabis Retail use does not procure a building permit pursuant to subsection (d)(2)(A) prior to the expiration o{subsection (d)(2)(A), the business shall comply with, and not be exempt from, the Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page re uirements o Section 145.1 c 7 . Subsection d 2 B shall continue to a l a ter the ex iration o subsections (d)(2)(A) and (C). (E} To deter vandalism of surfaces visible from public sidewalks, any Cannabis Retail use that maintains gates, railings, or grillwork that do not qualify for the exception in subsection (d}(3}(A}, and which are less than 20% open to perpendicular view. shall install a mural on the surface of the gate visible from the public sidewalk. The mural required under this subsection (d)(2}(E) shall not be a Sign as defined in Article 6 of this Code. (3) Exception for Existing Gates, Railings, or Grillwork. (A) Any Non-Residential use that has not been discontinued or abandoned as of the effective date o(the ordinance enacting this subsection (d)(3) and that has gates, railings, or grillwork that are less than 207e% open to perpendicular view, including features that are fully opaque, will be deemed in compliance with the requirements o(Section 145.1 (c) (7), provided that such gates, railings, or grillwork existed and were occupied by the use prior to September 06, 2022, and are deployed only when a business is not open to the public. This subsection (d)(3) does not otherwise exempt a use from any required building permit. (B) Existing gates, railings, and grillwork permitted pursuant to this subsection (d)(3) shall be treated as noncomplying structures subiect to the restrictions on intensification, expansion, and relocation under Section 188(a), and may undergo ordinary maintenance and minor repairs as described in Section 181 (b). Cannabis Retail use with gates that qualify as noncomplying structures under this subsection (d}(3) shall not be subject to the requirement for murals under subsection (d)(2)(E). (C) Any Non-Residential use that seeks to be exempt from the requirements of Section 145.1 (c)(?) shall procure a building permit within three years of the date of mailed notice to establish any existing gates, railings, or grillwork as a noncomplying Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page structure pursuant to this subsection (d)(3). In the event a Non-Residential use does not procure a building permit pursuant to this subsection (d)(3) prior to the expiration of three ears from the date of mailed notice the business shall be sub·ect to fines ursuant to Section 176 of this Code until a building permit establishing the existence of the gate prior to September 06, 2022, as specified in subsection (d)(3}(A), is procured. Any Non-Residential use with existing gates, railings, or grillwork that satisfy the criteria set forth in subsection (d)(3)(A) shall continue to be exempt from the requirements of Section 145.1 (c)(7), but will be fined monetary penalties for failing to obtain a building permit as required in this subsection (d}(3}(C}. 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: DAVID CHIU, City Attorney By: ---'/-=s'-/ ------ KATHY J. SHIN Deputy City Attorney Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page n:\legana\as2023\2200404\01667526.docx Supervisors Safai; Preston, Melgar, Mandelman, Dorsey BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 220971 Date Passed: April 25, 2023 Ordinance amending the Planning Code to exempt certain existing gates, railings, and grillwork at Non-Residential uses from transparency requirements, subject to the provisions for noncomplying structures, and exempt Cannabis Retail uses from transparency requirements for gates, railings, and grillwork for a three-year period, provided the Cannabis use installs artwork on any new exempt gates, and require removal of gates, railings, and grillwork installed pursuant to that exemption when a Cannabis Retail use's business permit becomes invalid or the business ceases to operate, and change the transparency requirement for gates, railings, and grillwork in Neighborhood Commercial Districts, Commercial Districts, Residential-Commercial Districts, and Mixed Use Districts from 75% to 20% open to perpendicular view with additional requirements for fire safety; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302. April 03, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE April 03, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED April 17, 2023 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT April 18, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton April 25, 2023 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 IO: 14 am 011 4/26/23 File No. 220971 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/25/2023 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at JO: 14 am on 4/26/23