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AMENDED IN BOARD FILE NO. 190731 7/23/2019 ORDINANCE NO. 204-19 [Planning Code - Abandonment of Conditional Uses in North Beach Neighborhood Commercial District] Ordinance amending the Planning Code to change, from 18 months to three years, the period of non-use required to deem as discontinued a permitted conditional use in the North Beach Neighborhood Commercial District; 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 public necessity, convenience, and welfare findings under 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 }kw 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. 190731 and is incorporated herein by reference. The Board affirms this determination. (b) On July 11. 2019. the Planning Commission took action to waive its authority to hear this file. Said waiver is on file with the Clerk of the Board of Supervisors in File No. 190731. and is incorporated herein by reference. The Board hereby finds, in Resolution No. Supervisor Peskin BOARD OF SUPERVISORS Page 1 , adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan, for the following reasons: consistent with Policy 1.2 of the Commerce and Industry Element. it assures that all commercial and industrial uses meet minimum, reasonable performance standards: consistent with Policy 1.3 of the Commerce and Industry Element, it facilitates the location of commercial and industrial activities according to a generalized commercial and industrial land use plan within the boundaries of the North Beach Neighborhood Commercial District: consistent with Policy 1.4 of the Commerce and Industry Element. it furthers appropriate limits on commercial and industrial density within the North Beach Neighborhood Commercial District: consistent with 1 O Policy 2.1 of the Commerce and Industry Element. it facilitates the retention of existing commercial and industrial activity and attracts new such activity to the city by prolonging the period before which a previously-authorized use is deemed abandoned: it is consistent with Policy 2.3 of the Commerce and Industry Element because it maintains a favorable social and cultural climate in the city and in the North Beach Neighborhood Commercial District. in particular, in order to enhance its attractiveness: and, further. it is consistent with the eight priority policies of Planning Code Section 101.1, because it would enhance a diverse economic base and protect industry from displacement. it would preserve existing neighborhood-serving retail uses and enhance future opportunities for resident employment in and ownership of such businesses. The ordinance would have no effect on other policies set forth in the City's General Plan. The Board adopts these findings as its 0 1.vn. /\copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. _____ , and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds from the facts presented before the Land Use and Transportation Committee on July 22, 2019 that the actions contemplated in this ordinance will serve the public necessity, convenience, and Supervisor Peskin BOARD OF SUPERVISORS Page 2 welfare for the reasons set forth in subsection (b) above. in the Planning Commission Resolution referenced above. Section 2. Article 1.7 of the Planning Code is hereby amended by revising Section 178, to read as follows: SEC. 178. CONDITIONAL USES. * * * * (d) Abandonment. A permitted conditional use that is discontinued for a period of three years, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to the provisions of Article 3 of this Code. For purposes of this S~ubsection @, the period of nonuse for a permitted conditional use to be deemed discontinued in the North Beach and Castro Street Neighborhood Commercial Districtsi, and the Jackson Square Special Use District shall be eighteen (18) months. A permitted conditional Formula Retail use which is discontinued for a period of 18 months, or otherwise abandoned, shall not be restored, except upon approval of a new conditional use application pursuant to Article 3 of this Code. * * * * Section 3. 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 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 Supervisor Peskin BOARD OF SUPERVISORS Page 3 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: VICTORIA WONG Deputy City Attorney n:\legana\as2019\1900649\01378859.docx Supervisor Peskin BOARD OF SUPERVISORS Page4 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190731 Date Passed: July 30, 2019 Ordinance amending the Planning Code to change, from 18 months to three years, the period of non-use required to deem as discontinued a permitted conditional use in the North Beach Neighborhood Commercial District; 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 public necessity, convenience, and welfare findings under Planning Code, Section 302. July 22, 2019 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 23, 2019 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Walton and Yee Absent: 1 - Stefani July 23, 2019 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Walton and Yee Absent: 1 - Stefani July 30, 2019 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 1:29 pm 011 7131119 File No. 190731 London N. Breed Mayor City and Co1111ty of Sau Francisco Page2 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. Angela Calvillo Clerk of the Board Date Approved Printed at 1:29 pm 011 7131119