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FILE NO. 230410 ORDINANCE NO. 142-23 [Planning Code - Polk Street and Haight Street Neighborhood Commercial Districts] Ordinance amending the Planning Code to permit Health Services uses on the ground floor for specified areas of the Polk Street Neighborhood Commercial District (NCO), to clarify that in the Polk Street NCD and within a quarter-mile of its boundaries Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed are not permitted, to clarify that in the Haight Street NCO such Tobacco Paraphernalia Establishments require conditional use authorization, and to clarify that Tobacco Paraphernalia Establishments do not include medicinal and adult-use cannabis retail uses; 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 the Planning Code, Section 101.1, and making findings of public necessity, convenience, and welfare pursuant to the 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 strikethreugh italics Times IV.cw Renienfent. 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. 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 Peskin; Preston BOARD OF SUPERVISORS Page Supervisors in File No. 230410 and is incorporated herein by reference. The Board affirms this determination. (b) On June 15, 2023, the Planning Commission, in Resolution No. 21339, 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. 230410, 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. 21339, 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. 230410. Section 2. Article 1 of the Planning Code is hereby amended by revising Section 102 to read as follows: SEC. 102. DEFINITIONS. * * * * Tobacco Paraphernalia Establishment. A Retail Sales and Service Use where more than 10% of the square footage of Occupied Floor Area, as defined in Section 102, or more than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person to another. For purposes of Sections 719, and 723 of this Code, however, Tobacco Paraphernalia Establishments shall mean retail uses where any Tobacco Paraphernalia is sold, distributed, delivered, furnished, or marketed from one person to another. "Tobacco Paraphernalia" means paraphernalia, devices, or instruments that are designed or Supervisors Peskin; Preston BOARD OF SUPERVISORS Page 2 manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in California Health and Safety Code Sections 11054, et seq. "Tobacco Paraphernalia" does not include lighters, matches, cigarette holders, any device used to store or preserve tobacco, tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is permitted by existing law. Cannabis Retail Uses as defined in Section 102, Temporary Cannabis Retail Uses as defined in Section 205.2, and Medical Cannabis Dispensary Uses as defined in Section 102 A{edical Cannabis Dispensaries, as defined in Section 3301 (f) efthe San Francisco Health Code, are not Tobacco Paraphernalia Establishments. * * * * Section 3. Article 7 of the Planning Code is hereby amended by revising Sections 719 and 723 to read as follows: SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st I 2nd I 3rd+ * * * * Sales and Service Use Category Supervisors Peskin; Preston BOARD OF SUPERVISORS Page 3 Retail Sales and Service §§ 102L 202.2(a) p C NP Uses* * * * * Tobacco Paraphernalia § 102 C(6) C(6) C(6) Establishment * * * * * * * * (6) TOBACCO PARAPHERNALIA ESTABLISHMENTS -A. I-he special definition of "Tobacco Paraphernalia Establishments" applicable to the Haight Street Neighborhood Commercial District is set forth in Section 102.shall be repealed three years after its initial effectiw date, unless the Board ofSupervisors, on or before that date, extends or re enacts it. In the Haight Street Neighborhood Commercial District, the period of non-use for a non-conforming Tobacco Paraphernalia Establishment to be deemed discontinued shall be 18 months. * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls N ON-RESIDENTIAL STANDARDS AND USES (7) * * * * Controls by Story 1st I 2nd I 3rd+ * * * * s ales and Service Use Category Supervisors Peskin; Preston BOARD OF SUPERVISORS Page 4 Retail Sales and Service Uses* §§ 102, 202.2(a), p p NP 202.3 * * * * Services, Health § 102 NP(3) C C * * * * Tobacco Paraphernalia § 102 NP(5) NP(5) NP(5) Establishment * * * * * * * * (3) {1Vote deteted.}Health Services are principally permitted on properties that do not have any frontage on Polk Street or California Street. * * * * (5) TOBACCO PARAPHERNALIA ESTABLISHMENTS PROHIBITION- Tobacco Paraphernalia Establishments are not permitted in the Polk Street Neighborhood Commercial District and within one-quarter mile of the boundaries of that Neighborhood Commercial District. A +he special definition of "Tobacco Paraphernalia Establishments" applicable to the Polk Street Neighborhood Commercial District is set forth in Section 102.shall he repealed six yetff's a-fler its initial effecth'C date, unless the Board &}Supervisors, on or before that date, extends or re enacts it. In the Polk Street Neighborhood Commercial District, the period of non-use for a non-conforming Tobacco Paraphernalia Establishment to be deemed discontinued shall be 18 months. * * * * 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 Supervisors Peskin; Preston BOARD OF SUPERVISORS Page 5 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: DAVID CHIU, City Attorney By: /s/ HEATHER L. GOODMAN Deputy City Attorney n:\legana\as2023\2300214\01669720.docx Supervisors Peskin; Preston BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230410 Date Passed: July 18, 2023 Ordinance amending the Planning Code to permit Health Services uses on the ground floor for specified areas of the Polk Street Neighborhood Commercial District (NCO), to clarify that in the Polk Street NCO and within a quarter-mile of its boundaries Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed are not permitted, to clarify that in the Haight Street NCO such Tobacco Paraphernalia Establishments require conditional use authorization, and to clarify that Tobacco Paraphernalia Establishments do not include medicinal and adult-use cannabis retail uses; 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 the Planning Code, Section 101.1, and making findings of public necessity, convenience, and welfare pursuant to the Planning Code, Section 302. July 10, 2023 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 11, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani and Walton Excused: 1 - Ronen July 18, 2023 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 I Printed at 9:48 am 011 7119/23 \ o/ File No. 230410 London N. Breed Mayor City and County of San Fmncisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/18/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 9:48 am on 7119/23