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AMENDED IN COMMITTEE FILE NO. 180190 4/16/2018 ORDINANCE NO. 114-18 [Planning Code - Lower Polk Street Alcohol Restricted Use District] Ordinance amending the Planning Code to extend the Lower Polk Street Alcohol Restricted Use District to June 1, 2023; to expand the circumstances in that District when temporary closures of liquor establishments are not considered abandonment of such uses, and provide that such temporary closures in that District are not considered an enlargement, alteration, intensification, abandonment, or change of use, provided that any demolition permits required for the repair, renovation, or remodeling work have been approved submitted by January 1, 2018; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 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 l1kv,· 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. 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 Supervisor Peskin BOARD OF SUPERVISORS Page 1 Supervisors in File No. 180190 and is incorporated herein by reference. The Board affirms this determination. (b) On March 29, 2018, the Planning Commission, in Resolution No. 20147, 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. 180190, and is incorporated herein by reference. (c) On March 29, 2018, the Planning Commission, in Resolution No. 20147, approved this ordinance, recommended it for adoption by the Board of Supervisors, and 1 O adopted findings that it will serve the public necessity, convenience, and welfare. Pursuant to Planning Code Section 302, 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. 180190, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by revising Section 788, to read as follows: SEC. 788. LOWER POLK STREET ALCOHOL RESTRICTED USE DISTRICT. * * * * ( d) Controls. * * * * (2) Whenever a liquor establishment has discontinued its use for a continuous period of one year or more, the liquor establishment shall be deemed to have abandoned its use as a liquor establishment; provided that a break in continuous operation shall not be interpreted to include the following, as long as the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and Supervisor Peskin BOARD OF SUPERVISORS Page 2 the type of California Department of Alcoholic Beverage Control Liquor License ("ABC License") does not change: (A) Re-establishment, restoration,_ or repair of an existing liquor establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident,_ or other force majeure; or (B) Temporary closure of an existing liquor establishment for repair, renovation,_ or remodeling, including full demolition of an existing building and new construction. and including voluntary repairs. renovations, or remodeling, provided that permit applications for the repair, renovation,_ 9f remodeling or demolition work shall be submitted to the City upon or 1 O prior to the temporary closure and such permits and work shall be pursued diligently to completion; or (C) A change in ownership of a liquor establishment or an owner-to- owner transfer of an ABC License. * * * * (e) Sunset ProvisionDate. This Section 788 shall expire bv operation oflaw on June I. 2023, be repealed five (5) years after its initial Effective Date unless the Board of Supervisors, on or before that date, extends or re-enacts it. Following its expiration, the City Attorney shall cause this Section to be removed tram the Municipal Code. Section 3. The Planning Code is hereby amended by revising Section 723, to read as follows: SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Supervisor Peskin Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE BOARD OF SUPERVISORS Page 3 * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES (7) * * * * Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a), 202.3 p p NP Uses* * * * * Bar §§ 102, 202.2(a) cw NP NP * * * * * Not listed below (1) {l'lote deleted.} Temporary closures of existing liquor establishments located within the Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the requirements o[Section 788(d)(2)(B) shall not be considered enlargement, alteration, intensification, abandonment, or a change of use ofa conditional use permit pursuant to Section 178 of this Code, provided that any demolition permits required for the repair, renovation, or remodeling work have been approved submitted by January l, 2018. * * * * 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 Supervisor Peskin BOARD OF SUPERVISORS Page4 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 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. HER ERA Ci Attorney By: n:\legana\as2018\ 1800419\01268028.docx Supervisor Peskin BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180190 Date Passed: May 01, 2018 Ordinance amending the Planning Code to extend the Lower Polk Street Alcohol Restricted Use District to June 1, 2023; to expand the circumstances in that District when temporary closures of liquor establishments are not considered abandonment of such uses, and provide that such temporary closures in that District are not considered an enlargement, alteration, intensification, abandonment, or change of use, provided that any demolition permits required for the repair, renovation, or remodeling work have been submitted by January 1, 2018; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. April 16, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE April 16, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED April 24, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen , Safai, Sheehy, Stefani, Tang and Yee May 01 , 2018 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee File No. 180190 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 5/1/2018 by the Board of Supervisors of the City and County of San Francisco. /UM4 q_ .24 I I Date Approved Mark E. Farrell Mayor City a11d Cou11ty of San Fra11cisco Page4 Pri11ted at 1:52 pm 011 512118