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SUBSTITUTED FILE NO. 190459 5/7/2019 ORDINANCE NO. 184-19 [Planning Code- Temporary Uses: Intermittent Activities] Ordinance amending the Planning Code to allow operation of a farmers market on the Department of Motor Vehicles Field Office parking lot at 1377 Fell Street by allowing an intermittent activity to be located on a lot with a public facility in specified residential zoning districts; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, 1 0 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 italics Times }lew Roman font. 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. 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. 190459 and is incorporated herein by reference. The Board affirms this determination. Supervisor Brown BOARD OF SUPERVISORS Page 1 (b) On June 20, 2019, the Planning Commission, in Resolution No. 20469, 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 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. 190459, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and general welfare for the reasons stated in Planning Commission Resolution No. 20469. Section 2. The Planning Code is hereby amended by revising Section 205.4, to read as follows: SEC. 205.4. TEMPORARY USES: INTERMITTENT ACTIVITIES. An intermittent activity is an outdoor use which, while occasional, occurs with some routine or regularity. Intermittent activities include, but are not limited to, the following uses: mobile food facilities, farmers markets, and open-air craft markets. Such uses typically require additional authorization(s) from other City Departments. An intermittent activity may be authorized as a temporary use for a period not to exceed one year. * * * * (b) An intermittent activity is allowed in a RH, RM, RED, and RTO District only if it: (1) satisfies all the conditions set forth in Subsection (a); and (2) is located on a parcel that contains or is part of a Hospital, as defined in Section 1 02,_ er-a Post-Secondary Educational Institution, as defined in Section 102, or a Public Facility, as defined in Section 102. An intermittent activity authorized under this Subsection shall not operate between the hours of 10:00 p.m. to 7:00a.m. Supervisor Brown BOARD OF SUPERVISORS Page2 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 4. 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: DENNI~\,J. HERRERA, City Attorney II '\J /c // > ' /f./! ;,7'~ / . ~·~ /1 By· 1/ ~ .. ' · ~cP:· l~' 1 · ·./ · " //JuDITH A. BOYAJI/~kJC// V,eputy City Attorney n:\legana\as2019\1900547\01358748.docx Supervisor Brown BOARD OF SUPERVISORS Page 3 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190459 Date Passed: July 30, 2019 Ordinance amending the Planning Code to allow operation of a farmers market on the Department of Motor Vehicles Field Office parking lot at 1377 Fell Street by allowing an intermittent activity to be located on a lot with a public facility in specified residential zoning districts; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. July 15, 2019 Land Use and Transportation Committee- RECOMMENDED July 23, 2019 Board of Supervisors- PASSED ON FIRST READING Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee July 30,2019 Board of Supervisors- FINALLY PASSED Ayes: 10- Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani and Yee Excused: 1 -Walton File No. 190459 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/30/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 1:29pm on 7/31/19