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FILE NO. 180556 ORDINANCE NO. Zl 7-18 [Planning Code - Hours of Operation for Limited Nonconforming Uses] Ordinance amending the Planning Code to allow limited nonconforming uses in specified zoning districts to operate between the hours of 10:00 p.m. and 12:00 a.m. with Conditional Use authorization; 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 convenience, necessity, and welfare 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 l\'e,,v 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. 180556 and is incorporated herein by reference. The Board affirms this determination. (b) On April 19, 2018, the Planning Commission, in Resolution No. 20154, 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 Planning Commission 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. 180556, 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 welfare for the reasons stated in Planning Commission Resolution No. 20154 and the Board adopts said reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Section 186, to read as follows: SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS. The purpose of this Section is to provide for the further continuance in RH, RM, RTO, and RED Districts of nonconforming uses of a limited commercial and industrial character, as herein described, which are beneficial to, or can be accommodated within, the residential areas in which they are located. It is hereby found and declared that, despite the general incompatibility of nonconforming uses with the purposes of this Code, and with other nearby uses, these limited commercial uses may be tolerated in residential areas, and tend to provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short distance of their homes or, within the South of Market RED Districts, tend to provide jobs and continuation of small scale service and light industrial activities. These uses tend to be small in scale, to serve primarily a walk-in trade, and cause a minimum of interference with nearby streets and properties. Accordingly, this Section recognizes the public advantages of these uses and establishes conditions for their continued operation. * * * * Planning Commission BOARD OF SUPERVISORS Page 2 (b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses described above shall meet the following conditions: (1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood; (2) Any signs on the property shall be made to comply with the requirements of Article 6 of this Code applying to nonconforming uses; (3) The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m ., however, the Planning Commission mav extend the hours of operation to 12:00 a.m. through Conditional Use authorization, as outlined in Section 303 of this Code; (4) Public sidewalk space may be occupied in connection with the use provided that it is only occupied with tables and chairs as permitted by this Municipal Code; (5) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants and other public features; (6) Noise, odors and other nuisance factors shall be adequately controlled; and (7) All other applicable provisions of this Code shall be complied with. * * * * 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, Planning Commission BOARD OF SUPERVISORS Page 3 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 . HERRERA, City Attorney By: J DITH A. BOYAJI eputy City Attorney n:\legana\as2017\1800292\01241328.docx Planning Commission BOARD OF SUPERVISORS Page 4 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 I 02-4689 File Number: 180556 Date Passed: September 04, 2018 Ordinance amending the Planning Code to allow limited nonconforming uses in specified zoning districts to operate between the hours of 10:00 p.m. and 12:00 a.m. with Conditional Use authorization; 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 convenience, necessity, and welfare under Planning Code, Section 302. July 23, 2018 Land Use and Transportation Committee - RECOMMENDED July 31 , 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee September 04, 2018 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee File No. 180556 London N. Breed Mayor City and County of San Francisco I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/4/2018 by the Board of Supervisors of the City and County of San Francisco. T Angela Calvillo Clerk ofthe Boa<d Date Approved Printed at 9:52 am on 915118