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FILE NO. 200087 ORDINANCf '0. [Planning Code, Zoning Map - Bayview Industrial Triangle ~annabis Restricted Use District] Ordinance amending the Planning Code and Zoning Map to create the Bayview Industrial Triangle Cannabis Restricted Use District; 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 findings of public necessity, convenience, and 8 . welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Aria! font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethreugh italics Tir~/e-nf. Board amendment additions are in double-underlined Aria! font. Board amendment deletions are in stril<ethrough Aria! feffi. 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 are excluded from review under the California Environmental Quality-Act (California Public Resources Code Sections 21000 et seq.) because CEQA applies only to projects which have the potential for causing a significant effect on the environment under CEQA Guidelines section 15061 (b)(3). Said determination is on file with the Clerk of the Board of Supervisors in File No. 200087 and is incorporated herein by reference. The Board affirms this determination. (b) On February 20, 2020, the Planning Commission, in Resolution No. 20662, adopted findings that the actions contemplated in this ordinance are consistent, on balance, Supervisor Walton BOARD OF SUPERVISORS Page 1 75-20 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. 200087, and is incorporated herein ·by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20662, and incorporates such reasons by this reference thereto . . A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 200087. Section 2. General Findings. (a) Since cannabis-related uses were permitted in California, the City has experienced an influx of applications for cannabis-related uses, including retail, manufacturing, and cultivating, especially in the Bayview neighborhood. Although cannabis- related use applications exist in other areas of San Francisco, applications are heavily concentrated in the SoMa and downtown areas, the Mission, and Bayview neighborhoods. Bayview neighborhood community members have expressed concern over the impacts of cannabis-related uses on the neighborhood and its residents, and the disproportionate concentration of cannabis-related uses in their neighborhood. . (b) The City is currently revi~wing multiple applications for retail cannabis permits, and has already approved multiple cannabis retail permits. According to the City's Cannabis Retail Map, prepared by the Office of Cannabis, in the Bayview neighborhood, seven retail cannabis permits have been submitted for review, three permits are processing, and two are under construction. The only other neighborhoods in San Francisco with greater amounts of Cannabis Retail permits and applications than the Bayview, including the Mission and SoMa, have higher residential, office, and commercial density. Areas of San Francisco with high Supervisor Walton BOARD OF SUPERVISORS Page 2 concentration of cannabis retail establishments have, as a result, experienced health, safety, and general welfare problems, including increased youth cannabis usage, and undesirable odors and loitering near cannabis establishments. These problems negatively impact the quality of life for residents of nearby single- and multiple-family homes, as well as patrons of nearby recreation and community facilities. The high concentration of cannabis-related storefronts and the associated problems discourage more neighborhood-serving businesses that are also needed and desired in the Bayview. (c) Due to the demand and desire to maintain the Bayview Industrial Triangle for Production, Distribution and Repair (PDR) and community-serving establishments, limiting the 1 0 use of vacant property for cannabis-related uses will benefit local residents by preserving retail and other types of space for these other purposes. In particular, Bayview residents have requested more neighborhood-serving, family-friendly businesses, such as grocery stores, community centers, movie theaters, health clinics, and space for nonprofit organizations in the neighborhood, all of which are permitted or conditionally permitted in the proposed zoning districts. Section 3. The Planning Code is hereby amended by adding new Section 249.88, to read as follows: SEC. 249.88. BAYVIEW INDUSTRIAL TRIANGLE CANNABIS RESTRICTED USE DISTRICT. (a) Purpose and findings. As o[Januarv 2020. there are a large number of establishments applying for cannabis-related use permits in Bawiew Neighborhood Further, the number of already- permitted cannabis-related establishments in Bayview, compared to other areas o{San Francisco. is a health, safety, and eqj!jty concern. In order to preserve the neighborhood-serving commercial uses of the area, the Bayview Industrial Triangle Cannabis Restricted Use District is hereby established, the Supervisor Walton BOARD OF SUPERVISORS Page 3 boundaries of which are shown on Sectional Map SUI 0 ofthe Zoning Map and are stated in Section 4 ofthe ordinance in Board File No. 200087 enacting this Section 249.88. (Q) Controls. No new Cannabis Retail establishment shall be permitted in the Bavview Industrial Triangle Cannabis Restricted Use District. Section 4. The Planning Code is hereby amended by revising Sectional Map SU10 of . the Special Use District Map of the City and County of San Francisco to establish the boundaries of the Bayview Industrial Triangle Cannabis Restricted Use District. The following block and lots shall be the complete list of blocks and lots included in the Bayview Industrial Triangle Cannabis Restricted Use District: Assessor's Block 5235, Lot 003; Assessor's Block 5242,.Lots 015, 016, 020, 021 , 022, 023, 024, 042; Assessor's Block 5253, Lots 008, 009, 013, 015, 016, 017, 018, 020, 028, 029, 030, 031 ,.032, 033, 034, 039; Assessor's Block 5260, Lots 001 , 004, 010, 019, 030, 031, 032, 034,035, 036,037, 038,041, 042; Assessor's Block 5272, Lots 011,014, 015,016, 017,018, 019, 020, 043, 044, 045, 048; Assessor's Block 5278, Lot 015; Assessor's Block 5279, Lots 001,002, 003,004, 033, 034, 035, 036, 037,039, 041 , 042, 043, 044, 045,048, 049, 051 , 053, 054. ) II II II II II II II II Supe1visor Walton BOARD OF SUPERVISORS Page 4 Section 5. 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. By: n:\legana\as2020\2000317\01423409.docx Supervisor Walton BOARD OF SUPERVISORS Page 5 Tails City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Ordinance Ordinance amending the Planning Code and Zoning Map to create the Bayview Industrial Triangle Cannabis Restricted Use District; 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. File Number: April 21, 2020 Date Passed: 200087 April 13, 2020 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT April 14, 2020 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Fewer, Haney, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee Noes: 1 - Mandelman April 21, 2020 Board of Supervisors - FINALLY PASSED Ayes: 10 - Fewer, Haney, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee Noes: 1 - Mandelman I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/21/2020 by the Board of Supervisors of the City and County of San Francisco. File No. 200087 Clerk of the Board Angela Calvillo Date Approved London N. Breed Mayor Page 1 City and County of San Francisco Printed at 8:49 am on 4/22/20 Unsigned 5/1/2020 I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set forth in Section 3.103 of the Charter, or time waived pursuant to Board Rule 2.14.2, became effective without her approval in accordance with the provision of said Section 3.103 of the Charter or Board Rule 2.14.2. _______________________________ __________________________ Angela Calvillo Date Clerk of the Board File No. 200087 5/01/2020