o0199-18

AMENDED IN COMMITTEE FILE NO. 180482 7/23/2018 ORDINANCE NO. 199-18 [Planning Code - Permit Review Procedures and Zoning Controls - Neighborhood Commercial Districts in Supervisorial Districts 4 and 11] Ordinance amending the Planning Code to create a two-year pilot program removing public notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in Supervisorial Districts 4 and 11; modifying zoning controls for certain uses in Supervisorial Districts 4 and 11; 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 italics Times New 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) This ordinance shall be known as the Small Business Attraction Program in Supervisorial Districts 4 and 11. (b) 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. 180482 and is incorporated herein by reference. The Board affirms this determination. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 1 (c) On July 12, 2018, the Planning Commission, in Resolution No. 20230, 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. 180482, and is incorporated herein by reference. (d) Pursuant to Planning Code Section 302, the 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. 20230, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 311, 312, 710, 711, 720, 731, 732, 733, and 734 to read as follows: SEC. 311. RESIDENTIAL PERMIT REVIEW PROCEDURES FOR RH, RM, AND RTO DISTRICTS (a) Purpose. The purpose of this Section is to establish procedures for reviewing building permit applications for lots in R Districts in order to determine compatibility of the proposal with the neighborhood and for providing notice to property owners and residents on the site and neighboring the site of the proposed project and to interested neighborhood organizations, so that concerns about a project may be identified and resolved during the review of the permit. (b) Applicability. Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition"=and/or new construction,=andlor alteration of residential buildings; and_including the removal of an authorized or unauthorized residential unit, in RH, Supervisors Tang; Safai BOARD OF SUPERVISORS Page 2 RM, and RTO Districts shall be subject to the notification and review procedures required by this Section 311. Subsection 311 (e) regarding demolition permits and approval of replacement structures shall apply to all R Districts. In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary Uses, regardless of zoning district, shall be subject to the review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102. shall not be subject to the review requirements of this Section 311. (1) Change of Use. For the purposes of this Section 311, a change of use is 1 O defined as follows: (A) Residential. NC and NCT Districts. For all Residential, NC, and NCT Districts, a change of use is defined as a change to. or the addition of, any of the following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. (i) NC Districts in Supervisorial Districts 4 and 11. Notwithstanding subsection (b)(1 )(A), for NC Districts in Superyisorial Districts 4 and 11, building permit applications for a change of use to the following uses shall be excepted from the provisions of subsections 311(d) and 311(e): Supervisors Tang; Safai BOARD OF SUPERVISORS Page 3 Bar General Entertainment Limited Restaurant Liquor Store Massage Establishment Nighttime Entertainment Outdoor Activity Area Private Community Facility Public Community Facility Restaurant Tobacco Paraphernalia Establishment (ii) Sunset. Unless reenacted, subsections 311 (b)(1 )(A)(i)-(ii) shall expire by operation of law 24 months after the effective date of the ordinance in Board File No. . Upon its expiration, the City Attorney is authorized to take steps to remove subsections 311(b)(1)(A)(i)-(ii) from the Planning Code. * * * * (±d) Notification. Upon determination that an application is in compliance with the development standards of the Planning Code, the Planning Department shall provide notice of the proposed project pursuant to the requirements of Section 333 of this Code cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a written notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. It shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations and site plan of the proposed project including Supervisors Tang; Safai BOARD OF SUPERVISORS Page 4 the position of any adjacent buildings, exterior dimensions and finishes, and a graphic reference scale, existing and proposed uses or commercial or institutional business name, if known. The notice shall describe the project review process and shall set forth the mailing date of the notice and the expiration date of the notification period. (1) Written notice shall be mailed to the notification group which shall include the project sponsor. tenants of the subject property, relevant neighborhood organizations as described in subsection 311 (d)(4), all individuals having made a written request for notification for a specific parcel or parcels and all owners and, to the extent practical, occupants, of properties in the notification area. For the purposes of Section 311 (c)(2), 1 O written notice shall also be mailed to tenants of the subject property in unauthorized residential units. (A~) The notification area shall be all properties within 150 feet of the subject lot in the same Assessor's Block and on the block face across from the subject lot. When the subject lot is a corner lot, the notification area shall further include all property on both block faces across from the subject lot, and the corner property diagonally across the street. (S~) The latest City-wide Assessor's roll for names and addresses of owners shall be used for said notice. (~) The Planning Department shall maintain a list, available for public review, of neighborhood organizatio_ns wRffiR that have indicated in writing an interest in specific properties or areas. +he Such organizations having indicated an interest in the subject lot or its area shall be included in the notification group for the proposed project. Notice to these groups shall be verified by a declaration of mailing signed under penalty of perjury. In the event that such an organization is not included in the notification group for a proposed project as required under this subsection, the proposed project must be re-noticed. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 5 (~~) Notification Period. All building permit applications shall be held for a period of 30 calendar days from the date of the mailed notice to allow review by residents and owners of neighboring properties and by neighborhood groups. (4§) Elimination of Duplicate Notice. The notice provisions of this Section may be waived by the Zoning Administrator for building permit applications for projects that have been, or before approval will be, the subject of a duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the building permit application is required is both substantially included in the hearing notice and is the subject of the hearing. 1 O (eZ) Notification Package. The notification package for a project subject to notice under this Section 311 shall include a written notice and reduced-size drawings of the project. (A) The written notice shall compare the proposed project to the existing conditions at the development lot. Change to basic features of the project that are quantifiable shall be disclosed on the written notice. The basic features of existing and proposed conditions shall include, where applicable, front setback, building depth, rear yard depth side setbacks, building height. number of stories, dwelling unit count and use of the building. (8) The written notice shall describe whether the project is a demolition, new construction or alteration project. If the project is an alteration, the type of alteration shall be described: horizontal, vertical or both horizontal and vertical additions and where the alteration is located. (C) Written project description shall be part of the notice. In addition, the notice shall describe the project review process, information on how to obtain additional information and the contact information of the Planning Department. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 6 (D) The building permit application number(s) shall be disclosed in the written notice. The start and expiration dates of the notice shall be stated. A description about the recipient's rights to request additional information, to request Discretionarv Review by the Planning Commission and to appeal to other boards or commissions shall be provided. (E) 11x17 sized or equivalent drawings to scale shall be included with the Section 311 written notice. The drawings shall illustrate the existing and proposed conditions in relationship to the adjacent properties. All dimensions and text throughout the drawings shall be legible. The drawings shall include a site plan, floor plans and elevations documenting dimensional changes that correspond to the basic features included in the written notice. (F) The existing and proposed site plan shall illustrate the project including the full lots and structures of the directly adjacent properties. (G) The existing and proposed floor plans shall illustrate the location and removal of interior and exterior walls. The use of each room shall be labeled. Significant dimensions shall be provided to document the change proposed by the project. (H) The existing and proposed elevations shall document the change in building volume: height and depth. Dimensional changes shall be documented. including overall building height and also parapets, penthouses and other proposed vertical and horizontal building extensions. The front and rear elevations shall include the full profiles of the adjacent structures including the adjacent structures' doors, windows and general massing. Each side elevation shall include the full profile of the adjacent building in the foreground of the project, and the adjacent windows, lightwells and general massing shall be illustrated. (8) Language Access. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 7 (A) All forms of public notice provided pursuant to this Section 311 shall comply with the requirements of the Language Access Ordinance. Chapter 91 of the Administrative Code, to provide vital information about the Department's services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91. (B) The notices required by this Section 311 shall contain the information set forth in Section 311 (d)(7)(A)-(D) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91. (9) Online Notice. For the entire duration of the Notification Period established 1 O herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department: (A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the contents set forth in subsection 311 (d)(7) for the hearing or application: and (B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal. (tig_) Requests for Planning Commission Review. A request for the Planning Commission to exercise its discretionary review powers over a specific building permit application shall be considered by the Planning Commission if received by the Planning Department no later than 5:00 p.m. of the last day of the notification period as described Supervisors Tang; Safai BOARD OF SUPERVISORS Page 8 under in this Section 311 Subsection (c)(3) above, subject to guidelines adopted by the Planning Commission. The project sponsor of a building permit application may request discretionary review by the Planning Commission to resolve conflicts between the Director of Planning and the project sponsor concerning requested modifications to comply with the Residential Design Guidelines, or other applicable design guidelines. (1) Scheduling of Hearing. The Zoning Administrator shall set a time for hearing requests for discretionary review by the Planning Commission within a reasonable period. (2) Notice. Mailed notice of the discretionary review hearing by the Planning 1 O Commission shall be given pursuant to the requirements of Section 333 of this Code.-thfs Section 311. not less than 10 days prior to the date of the hearing to the notification group as described in Paragraph 311 (c)(2) above. Posted notice of the hearing shall be made as provided under Planning Code Section 306.8. SEC. 312. PERMIT REVIEVV PROCEDURES FOR /\LL NC /\ND E/\STERN NEIGHBORHOODS MIXED USE DISTRICTS /\ND FOR C/\NN/\BIS RET/\IL /\ND MEDIC/\L C/\NN/\BIS DISPENS/\RY USES IN /\LL NON RESIDENTl/\L ZONING DISTRICTS. * * * * (c) Changes of Use. (1) NC Districts. In NC Districts, all building permit applications for a change of use to, or the establishment of, the follovving uses shall be subject to the provisions of subsection 312(d) except as stated belmv: /\dult Business Bar Supervisors Tang; Safai BOARD OF SUPERVISORS Page 9 Cannabis Retail General Entertainment Group Housing Limited Restaurant Liquor Store Massage Establishment Medical Cannabis Dispensary Nighttime Entertainment Outdoor Activity Area 1 O Post Secondary Educational Institution Private Community Facility Public Community Facility Religious Institution Residential Care Facility Restaurant School Tobacco Paraphernalia Establishment Trade School Hmvever, a change of use from a Restaurant to a Limited Restaurant shall not be subject to the provisions of subsection 312(d). In addition, any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of subsection 312(d). (A) NC Districts in Supervisorial Districts 4 and 11. Notwithstanding subsection (c)(1 ), for NC Districts in Supervisorial Districts 4 and 11, building Supervisors Tang; Safai BOARD OF SUPERVISORS Page 10 permit applications for a change of use to, or the establishment of, the follm.ving uses shall be excepted from the provisions of subsections 312(d)(2) (3) and 312(e): .@a.r General Entertainment Limited Restaurant Liquor Store Massage Establishment Nighttime Entertainment Outdoor Activity Area Private Community Facility Public Community Facility Restaurant Tobacco Paraphernalia Establishment (B) Sunset. Unless reenacted, subsections 312(c)(1)(A) (B) shall expire by operation of la 1.v 24 months after the effective date of the ordinance in Board File No. ___ . Upon its expiration, the City Attorney is authorized to take steps to remove subsections 312(c)(1 )(l\) (B) from the Planning Code. (d) Building Permit Application Revie\N for Compliance and Notification. Upon acceptance of any application subject to this Section 312, the Planning Department shall revie\N the proposed project for compliance vvith the Planning Code and any applicable design guidelines approved by the Planning Commission. Applications determined not to be in compliance v1ith the standards of Articles 1.2, 1.5, 2, and 2.5 of the Planning Code, including design guidelines for specific areas adopted by the Planning Commission, or with any applicable conditions of previous approvals regarding the project, shall be held until either the Supervisors Tang; Safai BOARD OF SUPERVISORS Page 11 application is determined to be in compliance, is disapproved, or a recommendation for cancellation is sent to the Department of Building Inspection. (1) Neighborhood Commercial Design Guidelines. The construction of ne·N buildings and alteration of existing buildings in NC Districts shall be consistent with the design policies and guidelines of the General Plan as adopted and periodically amended for specific areas or conditions by the Planning Commission. The Director of Planning may require modifications to the exterior of a proposed ne•.v building or proposed alteration of an existing building in order to bring it into conformity 'Nith the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and 1 O detailing, openings, and landscaping. (2) Notification. Upon determination that an application is in compliance with the development standards of the Planning Code, the Planning Department shall cause a notice to be posted on the site pursuant to rules established by the Zoning Administrator and shall cause a \Nritten notice describing the proposed project to be sent in the manner described below. This notice shall be in addition to any notices required by the Building Code and shall have a format and content determined by the Zoning Administrator. It shall include a description of the proposal compared to any existing improvements on the site with dimensions of the basic features, elevations, and site plan of the proposed project including the position of any adjacent buildings, exterior dimensions and finishes, a graphic reference scale, existing and proposed uses, and commercial or institutional business name, if knovm. The notice shall describe the project review process and shall set forth the mailing date of the notice and the e)(piration date of the notification period. 'Nritten notice shall be mailed to the notification group 1Nhich shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as described in Subparagraph subsection 312(d)(2)(C) below, all individuals Supervisors Tang; Safai BOARD OF SUPERVISORS Page 12 having made a 'iNritten request for notification for a specific parcel or parcels, and all ovmers and, to the extent practical, occupants, of properties in the notification area. For the purposes of Section 312(h) belmv, written notice shall also be mailed to tenants of the subject property in unauthorized residential units. (/\) The notification area shall be all properties •.vithin 150 feet of the subject lot in the same Assessor's Block and on the block face across from the subject lot. VVhen the subject lot is a corner lot, the notification area shall further include all property on both block faces across from the subject lot, and the corner property diagonally across the street. (B) The latest City •.vide Assessor's roll for names and addresses of ovvners shall be used for said notice. (C) The Planning Department shall maintain a list, updated every six months •.vith current contact information, available for public review, and kept at the Planning Department's Planning Information Counter, and reception desk, as 'Nell as the Department of Building Inspection's Building Permit Counter, of neighborhood organizations •.vhich have indicated an interest in specific properties or areas. The organizations having indicated an interest in the subject lot or its area shall be included in the notification group for the proposed project. Notice to these groups shall be verified by a declaration of mailing signed under penalty of perjury. In the event that such an organization is not included in the notification group for a proposed project as required under this subsection 312(d)(2), the proposed project must be re noticed. (3) Notification Period. /\II building permit applications shall be held for a period of 30 calendar days from the date of the mailed notice to allmv reviev.• by residents, occupants, owners of neighboring properties, and by neighborhood groups. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 13 (4) Elimination of Duplicate Notice. The notice provisions of this Section subsection 312(d)(2) may be 1Naived by the Zoning /\dministrator for building permit applications for projects that have been, or before approval 'Nill be, the subject of a duly noticed public hearing before the Planning Commission or Zoning /\dministrator, provided that the nature of i..vorl< for which the building permit application is required is both substantially included in the hearing notice and is the subject of the hearing. (e) Requests for Planning Commission Revie'v'V. /\ request for the Planning Commission to exercise its discretionary review pmvers over a specific building permit application shall be considered by the Planning Commission if received by the Planning 1 O Department no later than 5:00 p.m. of the last day of the notification period as described under Ssubsection (d)(3) above, subject to guidelines adopted by the Planning Commission. The project sponsor of a building permit application may request discretionary review by the Planning Commission to resolve conflicts between the Director of Planning and the project sponsor concerning requested modifications to comply with relevant design guidelines of the General Plan. (1) Scheduling of Hearing. The Zoning /\dministrator shall set a time for hearing requests for discretionary revimv by the Planning Commission within a reasonable period. (2) Notice. Mailed notice of the discretionary reviev1 hearing by the Planning Commission shall be given not less than 10 days prior to the date of the hearing to the notification group as described in Paragraph subsection 312(d)(2) above. Posted notice of the hearing shall be made as provided under Planning Code Section 306.8. * * * * SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. Supervisors Tang; Safai BOARD OF SUPERVISORS Page * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities **** Retail Sales and Service Uses* § 102 P(2) NP NP * * * * Animal Hospital § 102 NP NP NP Bar §§ 102. 202.2(a) P(2){6) NP NP * * * * Liquor Store § 102 P@ NP NP * * * * * Not listed below (1) Additional 5 feet for NC-1 parcels with a Commercial use on the ground floor within the following areas: Supervisors Tang; Safai BOARD OF SUPERVISORS Page 15 (a) Within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farellones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street. (b) On Noriega, Irving, Taraval and Judah Streets west of 19th Avenue. (2) P if located more than *one-fourth mile from any NC District or Restricted Use Subdistrict with more restrictive controls; otherwise, same as more restrictive control. (3) [Note deleted.] (4) C required for 7 or more persons. (5) C if a Macro WTS Facility; P if a Micro WTS Facility. (6) C in Supervisorial District 4. (7) P in Supervisorial District 4. SEC. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * **** Entertainment, Arts and Recreation Use Category Entertainment, Arts and Recreation Uses* Arts Activities Supervisors Tang: Safai BOARD OF SUPERVISORS § 102 NP NP NP Page 16 **** Bar §§ 102, 202.2(a) NP NP **** Liquor Store § 102 P.(2)_ NP NP **** Massage, Foot/Chair § 102 P.(2)_ NP NP * * * * * Not listed below (1) Additional 5 feet for NC-2 parcels zoned 40' or 50' with an Active Use on the ground floor within the following areas: Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue. (2) [Note deleted.] (3) C required for seven or more persons. (4) TARAVAL STREET RESTAURANT SUBDISTRICT: Applicable only for the Taraval Street NC-2 District between 12th and 19th Avenues as mapped on Sectior;ial Maps 5 SU and 6 SU. Restaurants, Limited-Restaurants are C; Formula Retail Restaurants and Limited-Restaurants are NP. (5) CHESTNUT STREET FINANCIAL SERVICE SUBDISTRICT: NP for properties on Chestnut Street zoned NC-2 from Broderick to Fillmore Streets as mapped on Sectional Map 2 SU. (6) FRINGE FINANCIAL SPECIAL USE DISTRICT: The FFSUD and its% mile buffer includes, but is not limited to, properties within: the Mission Alcoholic Beverage Special Use District1 the Haight Street Alcohol Restricted Use District; the Third Street Alcohol Supervisors Tang; Safai BOARD OF SUPERVISORS Page 17 Restricted Use District; the Divisadero Street Alcohol Restricted Use District; the North of Market Residential Special Use District and the Assessor's Blocks and Lots fronting on both sides of Mission Street from Silver Avenue to the Daly City borders as set forth in Special Use District Maps SU11 and SU12; and includes Small-Scale Neighborhood Commercial Districts within its boundaries. Controls: Within the FFSRUD and its % mile buffer, fringe financial services are NP pursuant to Section 249.35. Outside the FFSRUD and its% mile buffer, fringe financial services are P subject to the restrictions set forth in subsection 249.35(c)(3). (7) C if a Macro WTS Facility; P if a Micro WTS Facility. (8) Pin Supervisorial District 4. (9) C in Supervisorial District 4. SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT * * * * Supervisors Tang; Safai BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 18 Entertainment, Arts and Recreation Uses* Arts Activities * * * * Passive Outdoor Recreation * * * * Institutional Uses* Community Facility Hospital Job Training Medical Cannabis Dispensary** Philanthropic Admin. Services Philanthropic Facility Private Community Facility Public Facilities Religious Institution Social Service * * * * ~ ~ Sales ani::I Service l.Jse ~a~egollY) * * * * Animal Hospital * * * * Massage, Foot/Chair Supervisors Tang; Safai BOARD OF SUPERVISORS § 102 § 102 § 102 § 102 § 102 § 102 § 102 §§ 102, 202.2(e) § 102 § 102 § 102 § 102 § 102 § 102 ~ § 102 § 102 NP NP NP Gf_ Gf_ Gf_ p p p c c c c c c NP f_ f_ DR DR DR NP NP NP NP f_ p c c c c c c c c c NP p f_ ~ Gf_ Gf_ NP FC c NFC Page * * * * Restaurant * * * * Services, Limited Financial Services, Personal * * * * *Not listed below § 102 § 102 § 102 (1) OFF-SALE LIQUOR ESTABLISHMENTS Controls: p p NP FC FC NFC P(4) P(4) P(4) (a) New Liquor Store uses with Type 20 or Type 21 ABC licenses are not permitted in the district; provided, however, that any use within the District with an existing Type 20 or Type 21 ABC license may obtain a new license, if required by the ABC, after it has been closed temporarily for repair, renovation, remodeling, or reconstruction. (b) Liquor Store uses may relocate within the district with Conditional Use authorization. (c) General Grocery, Specialty Grocery, and Liquor Store uses with off-sale alcohol licenses shall observe the following good neighbor policies: (i) Liquor establishments shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences; (ii) Advertisements in windows and clear doors are not permitted, and no more than 25% of the square footage of the windows and clear doors of liquor establishments shall bear signage of any sort, and all signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view Supervisors Tang; Safai BOARD OF SUPERVISORS Page 20 of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. (2) FRINGE FINANCIAL SERVICE RESTRICTED USE DISTRICT (FFSRUD) Boundaries: The FFSRUD and its 1/4 mile buffer includes, but is not limited to, properties within the Excelsior Outer Mission Street Neighborhood Commercial District. Controls: Within the FFSRUD and its 1/4 mile buffer, fringe financial services are NP pursuant to Section 249.35. Outside the FFSRUD and its 1/4 mile buffer, fringe financial services are P subject to the restrictions set forth in Section 249.35(c)(3). C if a Macro WTS Facility; P if a Micro WTS Facility. (3) (4) C for Personal Service Uses operating as a salon and/or providing cosmetic services. * * * * * * * * SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Table 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities * * * * Supervisors Tang; Safai BOARD OF SUPERVISORS Page * * * * Massage, Foot/Chair **** § 102 NP NP SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. **** Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** Entertainment, Arts and Recreation Uses* Arts Activities * * * * . -~ -~ ~ ~,,;;§Fi~ -""'~- - . ~ ~ . . . - ~ Sales and Serntice lllilse Categor¥ * * * * Massage, Foot/Chair * * * * Supervisors Tang; Safai BOARD OF SUPERVISORS § 102 NP - . ~~ ~ ~ - ~ - ~~ ~ - ~ § 102 P.C NP NP c . . - . - . - - - NP NP - ~ Page * * * * * * * * SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Table 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities **** **** Massage, Foot/Chair § 102 NP NP * * * * * * * * * * * * * * * * SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai BOARD OF SUPERVISORS Page 23 Entertainment, Arts and Recreation Uses* Arts Activities **** **** Massage, Foot/Chair * * * * § 102 NP NP NP § 102 NP NP Section 3. Report to the Board of Supervisors. 20 months after the effective date of the ordinance in Board File No. 180482. the Planning Department and the Mayor's Office of Economic and Workforce Development shall jointly submit a report to the Board of Supervisors describing the number of permit applications submitted pursuant to Section 312(c)(1)(A) and an evaluation of the impacts of that subsection. Section~· 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. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 24 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: DENNIS J. HERRERA, City Attorney By: n:\legana\as2018\1800575\01290846.docx Supervisors Tang; Safai BOARD OF SUPERVISORS Page 25 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180482 Date Passed: July 31, 2018 Ordinance amending the Planning Code to create a two-year pilot program removing public notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in Supervisorial Districts 4 and 11; modifying zoning controls for certain uses in Supervisorial Districts 4 and 11; 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. July 16, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 16, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED July 23, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 23, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 24, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 9 - Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani and Yee Excused: 2 - Fewer and Tang July 31, 2018 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Page 1 Printed at 12:16 pm 011 811118 File No. 180482 Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/31/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12:16 pm 011 811118