o0085-24

1 1 FILE NO. 231221 AMENDED IN COMMITTEE 3/25/2024 ORDINANCE NO. 085-24 [Planning Code - Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses] Ordinance amending the Planning Code to 1) allow Nighttime Entertainment Uses as principally permitted on the ground floor and conditionally permitted on the second floor in the Polk Street Neighborhood Commercial District (NCD); 2) modify requirements for limited commercial uses within one-quarter mile of the North Beach Special Use District (SUD); 3) conditionally permit Retail Professional Services Uses on the ground floor in the North Beach NCD, subject to existing limitations; 4) allow limited commercial uses (LCUs) in Residential, House (RH) and Residential, Mixed (RM) Districts with specified limitations; 5) require operating hours to end at 10 p.m. for LCUs and limited corner commercial uses (LCCUs) in RH and RM Districts; 6) establish that LCCUs are limited to those uses allowed in the nearest an NCD or SUD within one- quarter mile of the use. or the NC-1 District. as specified; GZJ prohibit outdoor activity areas not at the front of the building in RH and RM Districts and limit such outdoor activity areas in other residential districts; 7§) establish that LCCUs in Residential Transit Oriented (RTO) Districts must be located on corner lots and specify lot depth requirements; and 3~) make minor corrections to code text; 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 strikethrough it8:lics Times ]'tkw Ron1Emfent. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 1 1 1 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 Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 231221 and is incorporated herein by reference. The Board affirms this determination. (b) On February 22, 2024, the Planning Commission, in Resolution No. 21520, 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. 231221, 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. ========~2~1~5~2~0, 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. 231221. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 2 Section 2. Articles 1.7, 2, 3, 7, and 8 of the Planning Code are hereby amended by revising Sections 186, 202.2, 209.1, 209.2, 209.4, 231, 303.1, 722, 723, and 781.9, to read as follows: SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS. * * * * (a) Exemption from Termination Provisions. The following nonconforming uses in R Districts shall be exempt from the termination provisions of Section 185, provided such uses comply with all the conditions specified in subsection (b) below: (1) Any nonconforming use at any Story in an RTO, RH, or RM District which is located more than one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below, and which complies with the use limitations specified for the First Story and below of an NC-1 District, as set forth in Section 710 of this Code. (2) Any nonconforming use in an RTO, RH, or RM District which is located within one-quarter of one mile from any of the Restricted Use Subdistricts specified in subsection (a)(3) below and which complies with the most restrictive use limitations specified for the First Story and below of: (A) an NC-1 District, as set forth in Section 710 of this Code; or (B) Any of the specified Restricted Use Subdistricts specified in subsection (a)(3) below. (3) Subsections (a)(1) and (a)(2) above apply to the following Restricted Use Subdistricts: the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 3 in Section 781.6 of this Code; the North Beach Special Use District set forth in Section 780.3 of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section 786 of this Code. * * * * (b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses described above shall meet the following conditions: (1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood; (2) Any signs on the property shall be made to comply with the requirements of Section 606(c) of this Code for Limited Commercial uses; (3) The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m., however, in RED, RTO, and RTO-M Districts only, the Planning Commission may extend the hours of operation to 12:00 a.m. through Conditional Use authorization, as outlined in Section 303 of this Code; (4) Public sidewalk space may be occupied in connection with the use provided that it is occupied only with tables and chairs as permitted by this Municipal Code; (5) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants, and other public features; (6) Noise, odors, and other nuisance factors shall be adequately controlled; (7) An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is not at the front of the building is principally permitted in RTO and RTO-M Districts only if it complies with the operating restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts; and (~+) All other applicable provisions of this Code shall be complied with. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page4 (c) Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section 303.1 shall not be permitted except by conditional use authorization under the procedures of Section 303 of this Code for RED and RTO Districts and shall not be permitted in RH and RM Districts. * * * * SEC. 202.2. LOCATION AND OPERA TING CONDITIONS. (a) Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions: * * * * (7) Outdoor Activity Area. An Outdoor Activity Area shall be principally permitted in any Neighborhood Commercial District or Neighborhood Commercial Transit District, and in the WMUG, WMUO, SALi, and RED-MX Districts, if it meets all of the following conditions: (A) The Outdoor Activity Area is located on the ground level; (B) The Outdoor Activity Area is in operation only between 9:00 a.m. and 10:00 p.m.; (C) The Outdoor Activity Area is not operated in association with a Bar use; (D) Where associated with a Limited Restaurant or Restaurant Use, the Outdoor Activity Area includes only seated, not standing, areas for patrons; and (E) Alcohol is dispensed to patrons only inside the premises or through wait staff services at the patron's outdoor seat in the Outdoor Activity Area. Any Outdoor Activity Area not at the front of a building seeking to operate beyond these limitations requires a Conditional Use Authorization, unless such Outdoor Activity Area is permitted by Planning Code Section 145.2. * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 5 SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Zoning § References RH-1(D) B RH-1(5) I RH-2 RH-3 Category * * * * !NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Continuing nonconforming uses are permitted, subject Limited §§ 186, 186.3 to the requirements of§ 186. Limited Commercial Commercial Uses Uses may be conditionally permitted in historic buildings subject to § 186.3. P on a Corner Lot, with no part of the use extending more than 50 feet in depth from said corner; NP if the Limited Corner LCCU would require the Residential Conversion of a Commercial Uses § 231 Residential Unit or Unauthorized Unit under Planning Code Section 317, unless the space proposed for conversion is occupied by a garage or storage space located in the Basement or First Story. Commercial Use Characteristics * * * * Formula Retail §§ 102, 303.1 NP feF birniteEI GeFReF Gernrnernial lJses Hours of §§ 102,186,231 For Limited Corner Commercial Uses under§ 231 and Operation Limited Commercial Uses under G 186: P 6:00 a.m. to 10:00 p.m.; NP 10:00 p.m. to 6:00 a.m. J;:eF liFAiteEI S9FAFA9FSial l:IS9S l:IR99F § ~ 8e: i=2 e:QQ a.FA. IL- -1 n.nn ... - . 11.10 -1 n.nn ......... L- a-nn,.. ...... ,._ -·-- r-· ., . -·-- r-· -·-- -... * * * * Outdoor Activitv IGG 102 145.2 186 P if located in front of buildina- NP if Ret at fFeRt ef ~ 202.2 231 :: _ ;1~:~;r;lsewhere. * * * * * * ·* * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 6 SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS I Zoning Category I § References RM-1 I RM-2 I RM-3 RM-4 I* * * * I I I NON-RESIDENTIAL STANDARDS AND USES Development Standards * * * * Limited Corner § 231 P on a Corner Lot, with no P on a Corner Lot, with Commercial Uses part of the use extending no part of the use more than 50 feet in depth extending more than ~ram said corner; NP if the 100 feet in depth from LCCU would require the said corner; NP if the Residential Conversion of a LCCU would require the Residential Unit or Residential Conversion Unauthorized Unit under of a Residential Unit or Planning Code Section 317, Unauthorized Unit under unless the space proposed Planning Code Section or conversion is occupied 317, unless the space by a garage or storage proposed for conversion space located in the is occupied by a garage Basement or First Story. or storage space located in the Basement or First Story. Continuing nonconforming uses are permitted, Limited Commercial §§ 186, 186.3 subject to the requirements of§ 186. Limited Uses Commercial Uses may be conditionally permitted in historic buildings subject to § 186.3. Commercial Use Characteristics * * * * Formula Retail §§ 102, 303.1 NP feF biFRitea GeFReF GeFRFReFeial 61ses Hours of Operation §§ 102, 186, For Limited Corner Commercial Uses under§ 231 and Limited Commercial Uses under§ 186: P 6:00 a.m. to 10:00 p.m.; NP 10:00 p.m. to 6:00 a.m. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 7 For limited commercial uses under§ 186: P 6:00 a.m. to 10:00 13.m.; NP 10:00 13.m. to 6:00 a.m. * * * * Outdoor Activit~ Area §§ 102, 145.2, P if located in front of building; NP if not at fFont of 186, 202.2, 231 euildin§elsewhere. * * * * * * * * SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS. * * * * Table 209.4 ZONING CONTROL TABLE FOR RTO DISTRICTS !zoning Category I § References RTO RTO-M * * * * NON-RESIDENTIAL STANDARDS AND USES I Development Standards I I* * * * i I P on a Corner Lot, P on a Corner Lot, ~.vith no oart of the with no oart of the Limited Corner Commercial use extendina more § 231 use extendina more Uses than 100 feet in than 50 feet in degth deoth from said from said corner corner * * * * Commercial Use Characteristics Hours of Ogeration ss 102 186 For Limited Corner Commercial Uses under G 231 and limited commercial uses under~ 186: P 6:00 a.m. to 10:00 o.m.· C 10:00 o.m. to 12:00 a.m.· NP 12:00 a.m. to 6:00 a.m. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 8 Outdoor Activity Area ss 102 145.2 P if located in front of buildina· P if A-et-at 186, 202.2, 231 ~~~ -'~: .... ~:"~..:;,~; .... ;:;elsewhere and '"'Omoliant with & 202.2(a)(7)· NP otherwise. * * * * * * * * SEC. 231. LIMITED CORNER COMMERCIAL USES IN RH, RTO, AND RM DISTRICTS. (a) Purpose. Corner stores enhance and support the character and traditional pattern of development in San Francisco. These small neighborhood-oriented establishments provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short walking distance of their homes. These uses tend to be small in scale, to serve primarily walk-in trade, and cause minimum interference with nearby streets and properties. These uses are permitted only on the ground floor of corner buildings, and their intensity and operating hours are limited to ensure compatibility with the predominantly residential character of the district. Accessory off-street parking is prohibited for these uses to maintain the local neighborhood walk-in character of the uses. (b) Location. Uses permitted under this section must be located: (1) completely within an RH, RTO, RTO-M, or RM District; (2) on or below the ground floor; (3) in RH, RM-1, RM-2, and RTO Districts, on a Corner Lot, with no part of the use extending more than 50 feet in depth from said corner, as illustrated in Figure 231; and (4) in a space that would not require the Residential Conversion of a Residential Unit or Unauthorized Unit under Planning Code Section 317, unless the space proposed for conversion is occupied by a garage or storage space located in the Basement or First Story. * * * * (5) in RM-3, RM-4, and RTO-M Districts, on a Corner Lot, with no part of the use extending more than 100 feet in depth from said corner. Mayor Breed; SupeNisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 9 (c) Permitted Uses. Any use is permitted which complies with the use limitations for the First Story and below of a Neighborhood Commercial District or Special Use District within one half mile of the use, or if the use is more than one half mile from the nearest NCO or S-U-Q,a Neighborhood Commercial District or Special Use District within one halfone-quarter mile of the use, or if the use is more than one halfone-quarter mile from the nearest NCO or SUD, an NC-1 District, as set forth in Section 710 of this Code. (d) Use Size. In any RH or RM District, the use size shall comply with the use size limitations of the nearest Neighborhood Commercial District or Special Use District.In any RH or RM, RM-1. or RM-2 District, the use size shall comply with the use size limitations of tAe nearest a Neighborhood Commercial District or Special Use District located within one-quarter mile of the use, up to a maximum of 1,200 square feet of Occupied Floor Area of commercial area. In any RM-3 or RM-4 District, the use size shall comply with the use size limitations of a Neighborhood Commercial District or Special Use District located within one-quarter mile of the use, up to a maximum of 2,500 square feet of Commercial Use. No more than 1,200 square feet of Occupied Floor Area of commercial area in a RTO, RH, RM 1, or RM 2, RH, RM 1, or RM 2 District or in a RH, RM-1, or RM-2 District if the use is more than one-quarter mile from a Neighborhood Commercial District or Special Use District, and no more than 2,500 occupied square feet of Commercial Use in a RM 3, RM 4 orRM 3, RM 4 or RTO-M District or in a RM-3 or RM-4 District if the use is more than one-quarter mile from a Neighborhood Commercial District or Special Use District, shall be allowed per Corner Lot, subject to the following exception. except thoseOn lots which occupy more than one corner on a given block±and which may provide an additional 1,200 square feet of Occupied Floor Area of Commercial Use shall be allowed per additional corner, so long as the commercial space is distributed equitably throughout appropriate parts of the parcel or project. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 10 (e) Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section 303.1 shall not be permitted except by Conditional Use through the procedures of Section 303 for RTO and RTO-M Districts and shall not be permitted in RH, RM 1, RM 2, RM 3, and RM 4 and RM Districts. * * * * (k) Outdoor Activity Area. An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is not at the front of the building is principally permitted in RTO and RTO-M Districts only if it complies with the operating restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts. SEC. 303.1. FORMULA RETAIL USES. * * * * (e) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for a Formula Retail use in the following zoning districts unless explicitly exempted: * * * * (8) Limited Commercial Uses in RH, RM, RTO, and RED Districts, as permitted by Sections 186,186.3, and 231; * * * * (f) Formula Retail Uses Not Permitted. Formula Retail uses are not permitted in the following zoning districts: * * * * (10) RH Districts do not permit Formula Retail uses that are also Limited Corner Commercial Uses; and Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 11 1 1 (11) RM Districts do not permit Formula Retail uses that are also Limited Corner Commercial Uses. * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category II§ References * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Use Category * * * * Services, Financial § 102,781.6 * * * * Services, Limited Financial §§ 102, 781.6 Services, Retail Professional §§ 102, 781.6 * * * * Design Professional § 102,781.6 Service, Non-Retail § 102 Professional * * * * * * * * Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Controls Controls by Story 1st 2nd 3rd+ C(7) NP NP C(2)(7) NP NP P.C(7) p p C(7) p NP NP p NP Page 12 (5) NORTH BEACH SPECIAL USE DISTRICT (Section 780.3): * * * * (6) NORTH BEACH LIQUOR LICENSES FOR RESTAURANTS (Section 780.3): A Restaurant Use may only add ABC license types 02, 23, 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 that the Restaurant is operating 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. To verify that the Restaurant is continuing to operate as a Bona Fide Eating Place, records of the Restaurant's gross receipts or gross sales shall be provided to the Department upon request. All records and information shall be submitted to the Department under penalty of perjury. (7) NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT (Section 781.6) Boundaries: Applicable only for portions of the North Beach NCO south of Greenwich Street as mapped on Sectional Map SU01. Controls: Financial Services and Limited Financial Services are NP at all stories; Retail Professional Services, Design Professional, and Trade Offices are NP at the First story. * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 13 Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES (7) * * * * I Controls by Story I I 1st II 2nd :J( 3rd+ * * * * Entertainment, Arts and Recreation Use Category * * * * Entertainment, Nighttime § 102 GP N-PC NP - * * * * Sales and Service Use Category * * * * Services, Health § 102 NP(3) C C * * * * Services, Retail Professional § 102 NP(3) p p * * * * Service, Non-Retail Professional § 102 NP(12) p NP * * * * * * * * (3) Principally permitted on properties that do not have any frontage on Polk Street"'Gf California Street, or Hyde Street. * * * * (12) Conditionally permitted on properties that do not have any frontage on Polk StreetGf California Street, or Hyde Street. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 14 SEC. 781.9. HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT. * * * * (c) Controls. * * * * (3) Continuation of existing Unpermitted Liquor Establishments. In the Haight Street Alcohol RUSO, any unpermitted liquor establishment may continue in accordance with Sections 180 through 186.2 of this Code, subject to the following provisions: * * * * (B) A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License ("ABC License") does not change except as indicated: (i) A change in ownership of an unpermittedprohibited liquor establishment or an owner-to-owner transfer of an ABC License; or (ii) Re-establishment, restoration± or repair of an existing unpermittedprohibited liquor establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or (iii) Temporary closure of an existing unpermitted liquor establishment for not more than ninety (901 days for repair, renovation± or remodeling; (iv) Relocation of an existing unpermitted liquor establishment in the Haight Street Alcohol RUSO to another location within the same Haight Street Alcohol RUSO with Conditional Use authorization from the Planning Commission, provided that the original premises shall not be occupied by an unpermitted liquor establishment, unless by another Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 15 unpermitted liquor establishment that is also relocating from within the Haight Street Alcohol RUSO. (v) A change from a Type 21 (off-sale general) to a Type 20 (off-sale beer and wine) license. (vi) A change from an existing ABC license to a Type 64 or Type 90 license. * * * * Section 4~. Article 4 of the Planning Code is hereby amended by revising Section 406, to read as follows: SEC. 406. 'J'JAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS. * * * * (i) \AJai\•er for Certain Changes in Use. A development project that meets the eligibility criteria in subsection (i)(1) of this Section 406 shall receive a waiver from any development impact fee or development impact requirement imposed by this Article, with the exception of the requirements of Section 415. (1) Eligibility. To be eligible for the waiver in this subsection (i), the project (A) propose a change in use i..vithin an existing structure, excluding the establishment of any of the following uses: Off.ice Use, Parcel Delivery Service, and Fleet Charging; and (B) submit a complete Development Application on or before December 31, 2028. Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 16 (2) Extent of '.".'aiver. The 1.vaiver in this subseotion (i) shall be limited to development impaot fees or requirements for eligible ohanges in use within an existing struoture and shall not inolude any additions to an existing struoture or new oonstruotion . (3) Sunset. This subseotion (i) shall expire by operation of lm.v at the end of the day on Deoember 31, 2028, unless the duration of the subseotion has been extended by ordinanoe effeotive on or before that date. Four years after the sunset date, the City Attorney is authorized to oause subseotion (i) to be removed from the Planning Code. This four year time frame provides additional notioe to projeot applioants and does not alter the sunset date of this subseotion (i). Section 4. Formatting of Ordinance; Explanation of Fonts. (a) On November 27, 2023. the Land Use and Transportation Committee of the Board of Supervisors duplicated Board File No. 230701 to create Board File No. 231221. The ordinance in File No. 230701 proceeded through the legislative process, was enacted as Ordinance No. 249-23. and became effective in January 2024. The ordinance in File No. 231221 - this ordinance - remained at the Land Use and Transportation Committee. This is the tR+FEJ.fourth version of that ordinance. (b) To clearly understand the proposed amendments to existing law contained in this third version of this ordinance. the ordinance shows in "existing text" font (plain Arial) the law currently in effect, as amended by Ordinance No. 249-23 and other ordinances that became effective since the ordinance in Board File No. 230701 was first introduced. This ordinance shows in "Board amendment" font (double-underlined Arial for additions, and strikethrough Arial for deletions) amendments to existing law. This ordinance also shows in "Board amendment" font all amendments to this ordinance made after the file was duplicated. including amendments approved to earlier versions of this ordinance (with the exception of Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 17 Planning Code Section 311, discussed below).This ordinance omits sections of the law currently in effect that are not being amended by this ordinance and were not proposed for amendments in earlier versions of this ordinance in the Board File 231221. (c) A separate ordinance in Board File No. 230446 was enacted as Ordinance No. 248-23. Both Ordinance Nos. 248-23 and 249-23 became effective on the same day and both amended Planning Code Section 311 ("Section 311 "). The text of Ordinance No. 248-23 shall control, as it encompasses the policy change effected by the text of Ordinance No. 249-23. Although earlier versions of this ordinance in Board File No. 231221 proposed amendments to the then-existing Section 311, the current version of this ordinance does not propose any amendments to the text of Section 311 as enacted via Ordinance No. 248-23. Accordingly, Section 311 is omitted from this ordinance. (d) This tR-ifG version of the ordinance also includes a new long title that describes the ordinance, to reflect changes in existing law. It replaces the long title in the previous twe versions of the ordinance, which had included references to the amendments that became effective with the enactment of Ordinance No. 249-23. 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 e§. 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 Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 18 additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Existing code text added to this ordinance since its introduction is included herein as Unchanged Code text in accordance with the "Note." APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ HEATHER GOODMAN HEATHER GOODMAN Deputy City Attorney n :\legana\as2024\2300239\017 45761.docx Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman BOARD OF SUPERVISORS Page 19 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 231221 Date Passed: April 16, 2024 Ordinance amending the Planning Code to 1) allow Nighttime Entertainment Uses as principally permitted on the ground floor and conditionally permitted on the second floor in the Polk Street Neighborhood Commercial District (NCO); 2) modify requirements for limited commercial uses within one-quarter mile of the North Beach Special Use District (SUD); 3) conditionally permit Retail Professional Services Uses on the ground floor in the North Beach NCO, subject to existing limitations; 4) allow limited commercial uses (LCUs) in Residential, House (RH) and Residential, Mixed (RM) Districts with specified limitations; 5) require operating hours to end at 10 p.m. for LCUs and limited corner commercial uses (LCCUs) in RH and RM Districts; 6) establish that LCCUs are limited to those uses allowed in an NCO or SUD within one-quarter mile of the use, or the NC-1 District, as specified; 7) prohibit outdoor activity areas not at the front of the building in RH and RM Districts and limit such outdoor activity areas in other residential districts; 8) establish that LCCUs in Residential Transit Oriented (RTO) Districts must be located on corner lots and specify lot depth requirements; and 9) make minor corrections to code text; 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. November 27, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE November 27, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED December 04, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR 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 - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE March 25, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED April 02, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton April 16, 2024 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 Printed at 9:47 am 011 4/17/24 File No. 231221 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/16/2024 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 9:47 am on 4/17/24