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AMENDED IN COMMITTEE FILE NO. 180053 7/23/2018 ORDINANCE NO. 219-18 [Planning Code - Massage Establishments in the Union Street NCO] Ordinance amending the Planning Code to conditionally permit Massage Establishments, as defined, in the Union Street 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 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 strike#1rough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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. 180053 and is incorporated herein by reference. The Board affirms this determination. (b) On March 15, 2018, the Planning Commission, in Resolution No. 20135, 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 Supervisor Stefani 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. 180053, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this 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. 20135, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Section 725, to read as follows: SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * I Massage Establishment I§ 102 * * * * * Not listed below (1) {Note deleted.}_Existing massage establishments that can demonstrate to the Zoning /\dministrator that they have been in operation prior to 12/31/17 need only do a change of use under Section 312. Any Massage Establishment that has continually operated without the benefit of a building permit within the Union Street NCO since prior to December 31, 2017 shall not require a Conditional Use authorization to legally establish the Massage Establishment. However, such establishments must file a building permit application by May 1, 2020 to legally establish the Massage Establishment use, and such building permit application will be subject to neighborhood notification pursuant to Planning Code Section 311. * * * * Supervisor Stefani BOARD OF SUPERVISORS Page 2 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 1 O 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. n:\legana\as2017\1700664\01291915.docx Supervisor Stefani 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: 180053 Date Passed: September 11, 2018 Ordinance amending the Planning Code to conditionally permit Massage Establishments, as defined, in the Union Street 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 findings of public convenience, necessity, and welfare under Planning Code, Section 302. 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 - CONTINUED AS AMENDED July 30, 2018 Land Use and Transportation Committee - RECOMMENDED September 04, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee September 11, 2018 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Pagel Printed at 12: 44 pm 011 9112118 File No. 180053 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/11/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12:44 pm 0119112118