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FILE NO. 240263 AMENDED IN COMMITTEE 6/3/24 ORDINANCE NO. 117-24 [Planning Code - Divisadero Street Neighborhood Commercial Transit District] Ordinance amending the Planning Code to permit liquor stores in the buildings located on Assessor's Block. 1215 Lots 018-089•:.•ith off street parking accessed on Broderick Street within the Divisadero Street Neighborhood Commercial Transit District; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings 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 itttlics Times New Reman fc-mt. 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. Land Use and Environmental Findings. (a) The Planning Department has determined that the action 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. 240263 and is incorporated herein by reference. The Board affirms this determination. (b) On May 23, 2024, the Planning Commission, in Resolution No. 21567, adopted findings that the action 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 Supervisor Preston BOARD OF SUPERVISORS Page 1 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. 240263, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21567, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 240263 and is incorporated herein by reference. Section 2. General Findings. (a) Section 759 of the Planning Code contains controls for the Divisadero Street Neighborhood Commercial Transit District ("Divisadero NCT"). When the district was initially established as the Divisadero Street Neighborhood Commercial District in 2014 by Ordinance No. 227-14 (originally codified in Section 746 of the Planning Code), the district incorporated the controls in Section 783, the Divisadero Street Alcohol Restricted Use District ("RUD"), and then deleted Section 783. The RUD was established in 2004 by Ordinance No. 41-04 and contained strict limitations on alcohol establishments within the district, including a prohibition on new liquor stores. (b) On October 2, 2003, the Planning Commission, in Resolution No. 16672, adopted findings and made recommendations regarding the RUD. The Planning Commission's recommendations included that the mixed-use development at Fell Street and Broderick Street be exempt from the RUD controls. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 031151 and is incorporated herein by reference. (c) The mixed-use development at Fell Street and Broderick Street is located on the westernmost extension of the Divisadero NCT, the only place where the district borders Broderick Street. It does not contain any frontage along or direct pedestrian access from Supervisor Preston BOARD OF SUPERVISORS Page2 Divisadero Street. The mixed-use development is also the only development within the Divisadero NCT that has dedicated off-street parking and pedestrian access from Broderick Street. (d) As indicated by the Planning Commission's recommendation 20 years ago to exempt the mixed-use development at Fell Street and Broderick Street from the controls on liquor stores in the RUD, the Board of Supervisors finds that allowing new liquor stores at the buildings within the development will not result in pedestrian or vehicle obstruction along the Divisadero Street corridor. (e) The Board of Supervisors further finds that changing economic conditions within the Divisadero NCT, including recovery from the COVID-19 pandemic and the growth of online retail sales and financing applications replacing traditional brick-and-mortar storefronts, warrant relaxing the prohibition of liquor stores at this location. Section 3. Article 7 of the Planning Code is hereby amended by revising Section 759, to read as follows: SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Divisadero St. NCT Zoning Category § References Controls Controls by Story 1st I 2nd I 3rd+ Supervisor Preston BOARD OF SUPERVISORS Page 3 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Use Category * * * * Liquor Store I§ 102 I NP(5) I NP I NP * * * * * * * * (5) (a) Limmr Storm. am P for thn huilrlinns lor.atnrl within thn mixnrl 11sn development served by off street parking accessed on Broderick Street bet'.veen Fell Street anrl Oak Stroot Othnn.visn __ Liquor Stores are not permitted within the Divisadero Street NCIG, except Liquor Stores are P for the buildings located on Assessor's Block 1215 Lots 018-089. Liquor Store uses which become inactive for more than 180 days may not be reestablished. A lawfully existing Liquor Store may relocate within the district with Conditional Use authorization; * * * * 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 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 Supervisor Preston BOARD OF SUPERVISORS Page4 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: Isl Robb Kapla ROBB KAPLA Deputy City Attorney n:\legana\as2024\2400263\01762057 .docx Supervisor Preston BOARD OF SUPERVISORS Page 5 • City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 240263 Date Passed: June 11, 2024 Ordinance amending the Planning Code to permit liquor stores in the buildings located on Assessor's Block, 1215 Lots 018-089 within the Divisadero Street Neighborhood Commercial Transit District; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. . June 03, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE June 03, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT June 04, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton June 11, 2024 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani and Walton Excused: 1 - Safai Pagel Printed at 1:41 pm on 6/12124 . File No. 240263 ~ London N. Breed Mayor Llty and County of San Francisco Page2 J I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/11/2024 by the Board of Supervisors of the City and County of San Francisco. II\ . ., _, " ~~\I~ Angela Calvillo Clerk of the Board t,[2'/ ,4 Date Approved Printed at 1:41 pm on 6/12/14