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AMENDED IN BOARD FILE NO. 171041 11/28/2017 ORDINANCE NO. 229-17 [Planning Code - Cannabis Regulation] Ordinance amending the Planning Code to 1) regulate cannabis land uses, including, among other things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services, manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and g operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited 1 o the number of medical cannabis dispensaries in Supervisorial District 11; and 6) create a limit of three Medical Cannabis Dispensaries and Cannabis Retail Uses, in any combination, in the Excelsior Outer Mission Street Neighborhood Commercial District; and 7§1,delete superseded Planning Code provisions; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and welfare findings 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. Environmental and Land Use Findings. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 1 (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. 171041 and is incorporated herein by reference. The Board affirms this determination. (b) On October 19, 2017, the Planning Commission, in Resolution No. 20029, 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 1 O the Board of Supervisors in File No. 171041, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20029, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 102, 202.2, 204.3, 209.1, 209.2, 210.3, 303, 303.1, 312, 703, 710-726, 728-734, 750-764, 803.2, 803.3, 810-818, 840-845, 890.52, 890.54, and 890.111; adding Sections 190~and 890:125; and deleting Sections 739-742, 745, and 748, to read as follows: SEC. 102. DEFINITIONS. * * * * Agricultural Food, Fiber and Beverage Processing 1._An Industrial use that involves the processing of food stuffs, agricultural~ and beverages with a low potential for noxious fumes, noise,_ and nuisance to the surrounding area,_ including but not limited to Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 2 bottling plants, breweries, dairy products plant, malt manufacturing or processing plant, fish curing, smoking, or drying, cereal manufacturing, liquor distillery, manufacturing of felt or shoddy, processing of hair or products derived from hair, pickles, sauerkraut, vinegar, yeast, soda or soda compounds, meat products, and fish oil. This use does not include the processing of wood pulp, and is subject to the operating conditions outlined in Section 202.2(d):_ Agricultural Feed, Fiber and Beverage Processing 2._An Industrial Use that involves the processing of food stuffs, agricultural products jffle¥s, and beverages with a high potential for 1 O noxious fumes, noise,_ and nuisance to the surrounding area,_ including but not limited to a flour mill,,:_ sugar refinery,,:_ manufacturer of cannabis products or extracts that are derived by using volatile organic compounds (any use requiring License Tvve 7-Manufacturer 2, as defined in California Business and Professions Code, Division 10); and facility for wool pulling or scouring. This use does not include the processing of wood pulp, and is subject to the operating conditions outlined in Section 202.2(d):_ Agriculture. A Use Category that includes Industrial Agriculture, Neighborhood Agriculture, and Large-Scale Urban Agriculture, and Greenhouse. Agriculture, IndustrialGreen/wuse. An Agricultural use that involves the cultivation of plants for wholesale sales or industrial usesinside a glass building. This use includes, but is not limited to, plant nurseries and cannabis cultivation operations, and is subject to the location and operating conditions listed in Section 202.2(c). For the cultivation of cannabis, this definition includes all cultivation pursuant to state license types that allow for indoor and/or mixed-light cultivation with up Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 3 to 22, 000 sq. ft. of canopy. This definition does not include accessory structures located in a required rear yard that comply ·with Section 136(c)(22) o.fthis Code. Agriculture, Large-Scale Urban. An Agricultural Use that is characterized by the use of land for the production of food or horticultural crops to be harvested, sold, & donated, or otherwise not used or consumed by the operator o[the premises that occur: (a) on a plot of land one acre or larger or (b) on smaller parcels that cannot meet the physical and operational standards for Neighborhood Agriculture. This use is subject to location and operational conditions outlined in Section 202.2(c) ofthis Codeand does not include any cannabis-related use 1 O or any other agricultural activities, including the cultivation of cannabis for personal use. Agriculture, Neighborhood. An Agricultural Use that occupies less than one acre for the production of food or horticultural crops to be harvested, sold, or donated and complies with the controls and standards herein. The use includes, but is not limited to, home, kitchen, and roof gardens. Farms that qualify as Neighborhood Agricultural uUse may include, but are not limited to, community gardens, community-supported agriculture, market gardens, and private farms. Neighborhood Agricultural uUse may be principal or accessory use. This use is subject to location and operational conditions outlined in Section 202.2(c) ofthis Codcand does not include any cannabis-related use or any other agricultural activities. including the cultivation of cannabis for personal use. * * * * Cannabis Retail. A Retail Sales and Service Use that sells or otherwise provides cannabis and cannabis-related products for adult use, and that may also include the sale or provision of cannabis for medicinal use. Cannabis may be consumed on site pursuant to authorization by the City's Office of Cannabis and Department of Public Health, as applicable. A Cannabis Retail Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page4 establishment may only be operated by the holder of(a) a valid license from the State of California (License Tvve 10-Retailer, as defined in California Business and Professions Code. Division 10) and (b) a valid permit from the City's Office of Cannabis. This use is subject to operating and location restrictions set forth in Section 202.2(a). * * * * Industrial Use. A Use Category continuing the following uses: Agricultural and Beverage Processing 1and2, Automobile Wrecking, Automobile Assembly, Food Fiber andBei!erage Processing 1 and 2, Grain Elevator, Hazardous Waste Facility, Junkyard, Livestock Processing 1 and 2, Heavy Manufacturing 1,_2, and 3, Light Manufacturing, Metal Working, Power Plant, Ship Yard, Storage Yard, Volatile Materials Storage, and Truck Terminal. * * * * Laboratory. A Non-Retail Sales and Services Use intended or primarily suitable for scientific research. The space requirements of uses within this category include specialized facilities and/or built accommodations that distinguish the space from Office uses, Light Manufacturing, or Heavy Manufacturing. Examples of laboratories include the following: (a) Chemistry, biochemistry, or analytical laboratory; (b) Engineering laboratory; (c) Development laboratory; (d) Biological laboratories including those classified by the Centers for Disease Control (CDC) and National Institutes of Health (NIH) as Biosafety level 1, Biosafety level 2, or Biosafety level 3; (e) Animal facility or vivarium, including laboratories classified by the CDC/NIH as Animal Biosafety level 1, Animal Biosafety level 2, or Animal Biosafety level 3; (f) Support laboratory; (g) Quality assurance/Quality control laboratory; and Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 5 (h) Core laboratory:-,· and {i) Cannabis testing facility (any use requiring License Tvoe 8-Testing Laboratory, as defined in California Business and Professions Code, Division 10 ). * * * * Manufacturing, Light. An Industrial Use that provides for the fabrication or production of goods, by hand or machinery, for distribution to retailers or wholesalers for resale off the premises, primarily involving the assembly, packaging, repairing, or processing of previously prepared materials. Light manufacturing uses include production and custom activities usually involving individual or special design, or handiwork, such as the following fabrication or production activities. as may be defined by the Standard Industrial Classification Code Manual as light manufacturing uses: (a) Food processing; (b) Apparel and other garment products; (c) Furniture and fixtures; (d) Printing and publishing of books or newspapers; (e) Leather products; (f) Pottery; (g) Glass-blowing; (h) Commercial laundry, rug cleaning, and dry cleaning facility; & (i) Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; watches and clocks:-; or (j) Manufacture of cannabis products or cannabis extracts that are derived without the use of volatile organic compounds (any use requiring License Type 6-Manufacturer 1. as defined in California Business and Professions Code, Division 10). Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 6 It shall not include Trade Shop, Agricultural and Beverage Processing 1 or 2, or Heavy Manufacturing 1, 2, or 3. This use is subject to the location and operation controls in Section 202.2(d). * * * * Medical Cannabis Dispensary. An Institutional Healthcare Use that is either (a) a cooperative or collective operating under the authority of a permit issued by the Director of Health under Article 33 ofthe Health Code, or (b) a Medicinal Cannabis Retailer as defined in Police Code Section 1602. A Medical Cannabis Dispensary Usedcjined in Section 3301 (/) o.ftlw San Francisco Health Code, which is permitted only if it meets the conditions listed in Section 202.2(e). * * * * Sales and Services, Retail. A Commercial Use category that includes Uses that involve the sale of goods, typically in small quantities, or services directly to the ultimate consumer or end user with some space for retail service on site, excluding Retail Entertainment Arts and Recreation, and Retail Automobile Uses and including, but not limited to: Adult Business, Animal Hospital, Bar, Cannabis Retail. Cat Boarding, Chair and Foot Massage, Tourist Oriented Gift Store, General Grocery, Specialty Grocery, Gym, Hotel, Jewelry Store, Kennel, Liquor Store, Massage Establishment, Mortuary (Columbarium), Motel, Non-Auto Sales, Pharmacy, Restaurant, Limited Restaurant, General Retail Sales and Service, Financial Service, Fringe Financial Service, Limited Financial Service, Health Service, Instructional Service, Personal Service, Retail Professional Service, Self-Storage, Tobacco Paraphernalia Establishment, and Trade Shop. * * * * Service, Parcel Delivery. A Non-Retail Automotive Use limited to facilities for the unloading, sorting, and reloading of local retail merchandise for home deliveries, including but not limited to cannabis and cannabis products, where the operation is conducted entirely within Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 7 a completely enclosed building, including garage facilities for local delivery trucks, but excluding repair shop facilities. Where permitted in PDR Districts, this use is not required to be operated within a completely enclosed building. * * * * Temporarv Cannabis Sales. A Temporarv Use that sells or otherwise provides cannabis and cannabis-related products for adult use, and that may also include the sale or provision of cannabis for medicinal use. A Temporarv Cannabis Sales Use may only be operated by the holder of a valid Medical Cannabis Dispensarv Permit from the Department of Public Health. Any authorization for a Temporarv Cannabis Sales Use shall expire on Januarv 1, 2019, pursuant to Section 205.2. * * * * Wholesale Sales. A Non-Retail Sales and Service Use that exclusively provides goods or commodities for resale or business use, including accessory storage. This use includes cannabis distribution (any use requiring License Type I I-Distributor, as defined in CalifOrnia Business and Professions Code, Division 10). It shall not include a nonaccessory storage warehouse. * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * Reference for Commercial, Neighborhood Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Table 145.4 Reference for Mixed Use Use Districts Page 8 Commercial, and Residential- Commercial Districts * * * * * * * * * * * * * * * * 890.125 Cannabis Retail * * * * * * * * SECTION 190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS RETAIL ESTABLISHMENTS. (a) An establishment that either holds a valid permit ft om the Department of Public Health to operate as a Medical Cannabis Dispensary as ofthe effective date ofthe ordinance in Board File No. 171042 _____ ("DPH Permitted MCD") or that submitted a complete application for such a permit by July 20. 2017 and receives such a permit from the Department of Public Health ("Grandfathered MCD") may convert to a Cannabis Retail Use by obtaining a building permit authorizing the change of use. as set forth below. Such permits are subject to neighborhood notification pursuant to Section 312. regardless of zoning district.shall be deemed a Cannabis Retail Use on January 1, 2018 or on the date it receives its permit from the Department of Public Health, •..vhichever is later. may convert to a Cannabis Retail Use •..vithout obtaining Conditional Use authorization or seeking Mandatory Discretionary Revie•.v, by obtaining a building permit authorizing the change of use. Such permits are subject to neighborhood notification pursuant to Sections 311 and 312, if applicable. ~DPH Permitted Grandfathered MCD converting to a Cannabis Retail Use pursuant to this Section 190 is not subject to the locational restrictions for Cannabis Retail set forth in Section 202.2(a). Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 9 &In order for a DPH Permitted MCD to convert to a Cannabis Retail Use pursuant to this Section 190, a completed application for the change of use must be submitted to the Department of Building Inspection no later than June 30, 2018, and a first approval by the Planning Department or Planning Commission must be received on or before December 31, 2019. /\n application will be deemed to have received its first approval from the Planning Department or Planning Commission 'Jvhen that body issues its decision, regardless of whether any appeal or lm.vsuit is subsequently filed challenging any City approval related to the application.In order for a Grandfathered MCD to convert to a Cannabis Retail Use pursuant to this Section 190, a completed application for the change of use must be submitted to the Department of Building Inspection no later than March 31, 2018, and a first approval by the Planning Department or Planning Commission must be received on or before December 31, 2019. An application will be deemed to have received its first approval from the Planning Department or Planning Commission when that body issues its decision, · regardless of whether any appeal or lawsuit is subsequently filed challenging any City approval related to the application. ~tillAll other applications (Or a change of use from a DPH Permitted MCDMedical Cannabis Dispensary Use to a Cannabis Retail Use shall be subject to the zoning controls (Or the district in which the DPH Permitted MCDMedical Cannabis Dispensary is located ~!fdfil This Section 190 shall expire bv operation oflaw on Januarv l, 2020. Upon its expiration, the City Attornev shall cause this Section 190 to be removed from the Planning Code. SEC.191. AUTHORIZATION OF TEMPORARY CANNABIS SALES USES. A Grandfathered MCD, as defined in Section 190. that receives a permit to operate as a Medical Cannabis Dispensary from the Department of Public Health before January 1, 2019 shall be deemed a Temporary Cannabis Sales Use, as defined in Seetion 205.2. Upon expiration of the Temporary Cannabis Sales Use authorization, the land use Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 10 authorization for the parcel will revert to the original authorization to operate as a Medical Cannabis Dispensary Use. unless the Planning Department or Planning Commission has issued a permanent authorization for a Cannabis Retail Use. SEC. 202.2. LOCATION AND OPERATING CONDITIONS. (a) Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions: * * * * (5) Cannabis Retail. A Cannabis Retail establishment must meet all ofthe following conditions: (A) A Cannabis Retail establishment must apply for a permit tram the O[fice of Cannabis pursuant to Article 16 of the Police Code prior to submitting an application to the Planning Department. (B) The parcel containing the Cannabis Retail Use shall not be located within Q...6001000600-foot radius ofa parcel containing an existing School, public or private, unless a State licensing authority specifies a different radius, in which case that different radius shall applv. In addition, the parcel containing the Cannabis Retail Use shall not be located within a 300 foot radius of a parcel for which a valid permit from the City's Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issueda Cannabis Retail Use shall require Conditional Use authorization if there areis more than t\voone other existing Cannabis Retail establishments or Medical Cannabis Dispensariesy, in any combination, vvithin a 1,000600 foot radius of the proposed site the parcel containing the Cannabis Retail Use shall not be located within a 600-foot radius of a parcel for which a valid permit from the City's Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued. except that a Cannabis Retail Use may be located in the same place of business as Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 11 one or more other establishments holding valid permits from the City's Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers. where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensary Use. provided that such locations are permitted by state law. There shall be no minimum radius from a Cannabis Retail Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply. (C) Cannabis may be consumed or smoked on site pursuant to authorization by the City's Office of CannabisDepartment of Public Health as applicable. * * * * (c) Agriculture Use. The Agricultural Uses listed below shall be subject to the corresponding conditions: (1) Agricultural Uses, General. Any plot of land that exceeds 1,000 square feet and is newly established shall comply with the applicable water use requirements of Administrative Code Chapter 63. Pursuant to Section 63.6.2(b) of the Administrative Code, no permit for any site where the modified land area exceeds 1,000 square feet shall be issued until the General Manager of the Public Utilities Commission has approved the applicable landscape project documentation. * * * * (3) Industrial Agriculture. Cannabis must only be grown within an enclosed structure. (d) Industrial Uses. The Industrial and PDR uses listed below shall be subject to the corresponding conditions: ( 1) Heavy Manufacturing 1, Metal WorkingL and Agricultural Food, Fiber, and Beverage Processing 1 and 2. These uses are required to operate within a completely enclosed building, with no opening, other than fixed windows or exits required by Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 12 law, within 50 feet of any R District; No noise, vibration, or unhealthful emissions shall extend beyond the premises of the use. * * * * (e) Institutional Uses. The Institutional Uses listed below shall be subject to the corresponding conditions: (1) Medical Cannabis Dispensaries. Medical Cannabis Dispensar.1'.ies- Uses are required to meet all of the following conditions: (A) 4._Medical Cannabis Dispensary Use shall apply for a permit from the Department o.fPublic HealthO{fice of Cannabis pursuant to Section 3304Article 16 of the San Francisco HealthPolice Code prior to submitting an application to the Planning Department. (B) The parcel containing the Medical Cannabis Dispensary Use shall not be located within a 6001000600-toot radius ofless than 1, 000 feetfrom a parcel containing the grounds a.fa use primarily seningper~ons under 18 years ofage and which consists o.f'the following: an existing School, public or private, or a Public Facility\ Community Facility·, or .Prbate Community· Facility; unless a State licensing authority specifies a di[ferent radius, in which case that different radius shall apply. In addition, the parcel containing the Medical Cannabis Dispensary Use shall not be located 'Nithin a 300 foot radius of a parcel for which a valid permit from the City's Office of Cannabis for a Cannabis Retailer or Medicinal Cannabis Retailer has been issued.a Medical Cannabis Dispensary shall require Conditional Use authorization if there areis more than twoone other existing Cannabis Retail establishments or Medical Cannabis Dispensariesy, in any combination, within a 1,000600 foot radius of the proposed site the parcel containing the Medical Cannabis Dispensarv shall not be located within a 600-foot radius of a parcel for which a valid permit from the City's Office of Cannabis for a Cannabis Retailer or a Medicinal Cannabis Retailer has been issued, except that a Medical Cannabis Dispensarv Use may be located in the same place of business as Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 13 one or more other establishments holding valid permits from the City's Office of Cannabis to operate as Cannabis Retailers or Medicinal Cannabis Retailers, where the place of business contains a minimum of 350 square feet per Cannabis Retail or Medical Cannabis Dispensarv Use, provided that such locations are permitted by state law. There shall be no minimum radius from a Medical Cannabis Dispensary Use to an existing day care center or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply. Smoking on the premises of a Medical Cannabis Dispensary Use located within 1000600 feet of a School, public or private, ore Public Fecility, Community Fecility, or Pri',.;ete Community Facility thetprimerily serves persons under 18yeers qfage is nbt permitted. (C) If medical cannabis is smoked on the premises, the dispensary shall provide adequate ventilation vvithin the structure such that doors and/or 'Nindmvs are not left open for such purposes resulting in odor emission from the premises;Cannabis may be consumed or smoked on site pursuant to authorization by the City's Office of CannabisDepartment of Public Health as applicable. * * * * (h) Cannabis-Related Uses. Except as otherwise specified in the Code, there shall be no minimum radius from a cannabis-related Use to an existing School, public or private; day care center.· or youth center unless a State licensing authority specifies a minimum radius, in which case that minimum radius shall apply. SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS INC, RC, M, AND PDR DISTRICTS. (a) Commercial1-and-Residential-Commercial1 Districts PDR, and M Districts. No use shell be permitted es ad_n ad_ccessory uUse to a lawful pErincipal or cConditional uUse in-any Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 14 Commercial or Residential Commercial District ·which is subject to involves or requires any ~{the following limitations: ( 1) Floor Area Limitations. The use o.fmore An Accessory Use cannot occupy more than one-third of the total floor area occupied by such use, any additional accessory uses, and the pfrincipal or cConditional uUse to which it is accessory, except in the case of accessory off-street parking or loading;\. & (2) Noise and Vibration Limitations. Any noise, vibration, or unhealthful emissions may not extending beyond the premises of the use. (3) Limitations on Cannabis Retail Accessory Uses. The sale ofcannabis as an accessory use is subject to any applicable limitations or regulations imposed by the Office of Cannabis. Cannabis Retail is not permitted as an Accessory Use unless the Cannabis Retail establishment holds a permit tram the City's Office of Cannabis specifically permitting Cannabis Retail accessory to another activity on the same premises. (b) PDR and M DistriclY Specific Controls. }lo use shall bepermittedas an accessory use to a lawfulprincipal or conditional use in any PDR or },,{District that involves or requires the use of more than one third (1/3) of the totalfioor area occupied by such use and the principal or conditional use to which it is accessory, except in the case ofaccessory retail, ojf streetparking, and loading. Multiple PDR uses within a single building or development may combine their accessory retail allotment into one or more shared retail spaces, provided that the total allotment of accessory retail space per use does not exceed what otherwise would be permitted by this Section 204.3. (c) C, M, and PDR DistriclY Specific Controls. An antenna or a microwave or satellite dish shall be permitted in, C, M,_ and PDR Districts, except PDR-1-B Districts, without regard to the height of such antenna or microwave or satellite dish and without regard to the Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 15 proximity of such antenna or microwave or satellite dish to any R District, if the following requirements are met: (1) the antenna or dish will be used for the reception of indoor wireless, microwave, radio, satellite, or television broadcasts for the exclusive benefit of the residents or occupants in the building on which the facility is placed; end (2) the antenna or dish is an accessory use to a lawful principal or conditional (3) the antenna or dish shall comply with any applicable design review criteria, including but not limited to any applicable design review criteria contained in the Wireless Telecommunications Services Facility Siting Guidelines. * * * * SEC. 205.2. TEMPORARY USES: ONE- OR TWO-YEAR LIMIT. A temporary use may be authorized for a period not to exceed two years for any of the following uses: * * * * (e) Temporarv Cannabis Retail Use for a period of up to one year. as provided by Section 191, to be authorized no earlier than Januarv 1, 2018 and to expire on Januarv 1, 2019. II II II II II II II Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 16 SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Zoning Category §References RH-1(D) RH-1 RH-1(S) RH-2 RH-3 * * * * c c c c c 102 202.2 c §§ 102, 202.2(c) p p p p p Neighborhood * * * * SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Zoning Category § References RM-1 RM-2 I RM-3 RM-4 * * * * Agricultural Use Category Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 17 Agricultural Uses* §§ 102, 202.2(c) c c c Agriculture, Industrial {{ 102, 202.2cc2 NP NP NP Agriculture, §§ 102, 202.2(c) p p p Neighborhood * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning § References PDR-1-B Category * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Agricultural Use Category Agricultural §§ 102, Uses* 202.2(c) Agriculture, ~ Industrial * * * * Industrial Use Category * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS p c PDR-1-D PDR-1-G p p c c c NP p PDR-2 p c - Page 18 Agricultural 1%ed 11£iher- §§-102, and 202.2(d) Beverage Processing 1 Agricultural 1%ed 11£iher- §§-102, and 202.2(d) Beverage Processing 2 Institutional Use Category * * * * * * * * Medical §§ 102, Cannabis 202.2(e) Dispensary * * * * * * * * Sales and Service Category Retail Sales §§ 102, and Service 202.2(a) Uses* * * * * * * * * Cannabis Retail §§ 102, 202.2(al Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS NP p p p NP c c c * * * * * * * * * * * * * * * * NFP {J) NFP {JO) NFP (9) NFf!_Q)_ * * * * * * * * * * * * * * * * p (1) p (10) p (9) p (1) * * * * * * * * * * * * * * * * p (1)(21) p (10)(21) p {9)(21) p {1)(21) Page 19 * * * * * * * * * * * * * * * * * * * * * * * * * * * * (21) Cannabis Retail is only permitted where (a) the Cannabis Retail establishment holds a valid Cannabis Micro business permit from the City's Office of Cannabis, and (b) the Cannabis Retail Use occupies no more than 113 o[the total floor area occupied by the PDR and Cannabis Retail Uses on the premises. SEC. 303. CONDITIONAL USES. * * * * (~) Affordable Housing Bonus Projects. The purpose of this Section is to ensure that all HOME-SF Projects under Section 206.3 and all Analyzed State Density Bonus Program Projects under Section 206.5 are reviewed in coordination with priority processing available for certain projects with greater levels of affordable housing. While most projects in the Program will likely be somewhat larger than their surroundings in order to facilitate higher levels of affordable housing, the Planning Commission and Department shall ensure that each project is consistent with the Affordable Housing Bonus Design Guidelines and any other applicable design guidelines, as adopted and periodically amended by the Planning Commission, so that projects respond to their surrounding context, while still meeting the City's affordable housing goals. * * * * (2) Exceptions. This subsection (:Et)(2) shall not apply to State Analyzed projects. As a component of the review process under this Section 303(1'.t), the Planning Commission may grant minor exceptions to the provisions of this Code as provided for below, in addition to the development bonuses granted to the project in Section 206.3(d). Such exceptions, however, should only be granted to allow building mass to appropriately shift to respond to surrounding context, and only when the Planning Commission finds that Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 20 such modifications: (1) do not substantially reduce or increase the overall building envelope permitted by the Program under Sections 206.3; and (2) are consistent with the Affordable Housing Bonus Design Guidelines. These exceptions may include: * * * * (F) Where not specified elsewhere in this subsection (i:t)(2), modification of other Code requirements that could otherwise be modified as a Planned Unit Development (as set forth in Section 304), irrespective of the zoning district in which the property is located. * * * * (3) Additional Criteria. In addition to the criteria set forth in subsection (c)(2), the Planning Commission shall consider the extent to which the following criteria are met: * * * * (F) whether any existing commercial or retail uses has been designated, or is eligible to be designated, as a Legacy Business under Administrative Code ,S'section 2A.242; or is a formula retail business. * * * * (w) Cannabis Retail. With respect to any application for the establishment of a new Cannabis Retail Use, in addition to the criteria set forth in subsections (c) and (d) above, the Commission shall consider the geographic distribution of Cannabis Retail Uses throughout the City, the concentration of Cannabis Retail and Medical Cannabis Dispensarv Uses within the general proximity of the proposed Cannabis Retail Use. the balance of other goods and services available within the general proximity ofthe proposed Cannabis Retail Use, any increase in youth access and exposure to cannabis at nearby facilities that primarily serve youth, and any proposed measures to counterbalance any such increase. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 21 (x) Medical Cannabis Dispensaries. With respect to any application for the establishment of a new Medical Cannabis Dispensary Use. in addition to the criteria set forth in subsections (c) and (d) above. the Commission shall consider the concentration of Cannabis Retail and Medical Cannabis Dispensarv Uses within the general proximity the proposed Medical Cannabis Dispensary Use. SEC. 303.1. FORMULA RETAIL USES. * * * * (c) "Retail Sales or Service Activity or Retail Sales or Service Establishment." For the purposes of this Section 303.1, a retail sales or service activity or retail sales or service establishment shall include the following uses,_ whether functioning as a principal or accessory use, as defined in Articles 1, 2, 7, and 8 of this Code: * * * * Tourist Oriented Gift Store§§ 102, 890.39;-tmd Non-Auto Vehicle Sales or Rental §§ 102, 890.69:-; and Cannabis Retail §§I 02, 890.125. * * * * SECTION 312. PERMIT REVIEW PROCEDURES FOR ALL NC AND EASTERN NEIGHBORHOODS MIXED USE DISTRICTS AND FOR CANNABIS RETAIL AND MEDICAL CANNABIS DISPENSARY USES IN ALL NON-RESIDENTIAL ZONING DISTRICTS. (a) Purpose. The purpose of this Section is to establish procedures for reviewing building permit applications for lots in NC and Eastern Neighborhoods Mixed Use Districts and for proposed Cannabis Retail and Medical Cannabis Dispensary Uses in C, PDR M, and Mixed Use Districts, in order to determine compatibility of the proposal with the neighborhood and for providing notice to property owners, occupants and residents on the site and neighboring Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 22 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 for demolition, new construction, the removal of an authorized or unauthorized Dwelling Unit, changes in use to a Formula Retail use as defined in Section 303.1 of this Code±Of alterations whichthat expand the exterior dimensions of a building, and all building permit applications for proposed Cannabis Retail or Medical Cannabis Dispensarv Uses shall be subject to the notification and review procedures required by subsection 312(d). Subsection 312(f) regarding demolition permits and approval of replacement structures shall apply to all NC and Eastern Neighborhoods Mixed Use Districts. For the purposes of this Section, addition to a building of the features listed in Section 136(c)(1) through 136(c)(24) and 136(c)(26) shall not be subject to notification under this Section. (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 following uses shall be subtect to the provisions ofsubsection 312(d) except as stated below: en-Adult Business, Bar, Cannabis Retail Child Care Facility, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Restaurant, Massage Establishment, Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 23 Medical Cannabis Dispensary Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant Schoo~ Tobacco Paraphernalia Establishment, & Trade Schoolshall be subject to the pro-visions ofSubsection 312(d); provided, hHowever, that-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). (2) Eastern Neighborhoods Districts. In all RED and Eastern Neighborhoods Mixed Use Districts all building permit applications for a change of use from any one land use category to another land use category. including but not limited to applications for a change of use to or (or the establishment of a new Cannabis Retail or Medical Cannabis Dispensary Use shall be subject to the provisions of S~ubsection 312(d). For the purposes of this subsection (c), "land use category" shall mean those categories used to organize the individual land uses which appear in the use tables in Article 8, immediately preceding a group of individual land uses, and include theincluding but not limited to the following: Residential Use,,:_ Institutional Use,,:_ Retail Sales and Service Use,,:_ -a4_ssembly, RecreationL Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 24 Arts and Entertainment Use,;_ Office Use,;_ Live/Work Units Use,-;_mMotor ;y_fehicle sServices uUse,;_ Vehicle Parking Use,;_ Industrial Use,-;_ hHome and bll_usiness sService Use,;_ or eother uUse. (3) C. PDR, M, and Mixed Use Districts. In C. PDR. M, and Mixed Use Districts, all building permit applications for a change of use to or the establishment of a Cannabis Retail or Medical Cannabis Dispensarv Use shall be subject to the provisions of subsection 312(d). (d) Building Permit Application Review for Compliance and Notification. Upon acceptance of any application subject to this Section, the Planning Department shall review 1 O the proposed project for compliance with the Planning Code and any applicable design guidelines approved by the Planning Commission. Applications determined not to be in compliance with 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 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 new 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 new building or proposed alteration of an existing building in order to bring it into conformity with the General Plan. These modifications may include, but are not limited to, changes in siting, building envelope, scale texture and detailing, openings, and landscaping. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 25 (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 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 the position of any adjacent buildings, exterior dimensions and finishes, a graphic 1 O reference scale, existing and proposed uses and 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. 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 Subparagraph 312(d)(2)(C) below, all individuals having made a written request for notification for a specific parcel or parcels pursuant to Planning Code Section 351 and all owners and, to the extent practical, occupants, of properties in the notification area. For the purposes of Section 312(h) below, 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. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 26 (B) The latest City-wide Assessor's roll for names and addresses of owners shall be used for said notice. (C) The Planning Department shall maintain a list, updated every six months with current contact information, available for public review, and kept at the Planning Department's Planning Information Counter, and reception desk, as well as the Department of Building Inspection's Building Permit Counter, of neighborhood organizations which 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, the proposed project must be re-noticed. (3) 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, occupants, 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. (e) 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 Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 27 Department no later than 5:00 p.m. of the last day of the notification period as described under Subsection (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 Administrator shall set a time for hearing requests for discretionary review by the Planning Commission within a reasonable period. 1 O (2) Notice. Mailed notice of the discretionary review 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 312(d)(2) above. Posted notice of the hearing shall be made as provided under Planning Code Section 306.8. 1·4 (f) Demolition of Dwellings, Approval of Replacement Structure Required. Unless the building is determined to pose a serious and imminent hazard as defined in the Building Code an application authorizing demolition in any NC or Eastern Neighborhoods Mixed Use District of an historic or architecturally important building or of a dwelling shall not be approved and issued until the City has granted final approval of a building permit for construction of the replacement building. A building permit is finally approved if the Board of Appeals has taken final action for approval on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board has lapsed with no appeal filed. (1) The demolition of any building whether or not historically and architecturally important may be approved administratively where the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 28 Safety determines, after consultation with the Zoning Administrator, that an imminent safety hazard exists, and the Director of the Department of Building Inspection determines that demolition or extensive alteration of the structure is the only feasible means to secure the public safety. (g) Micro Wireless Telecommunications Services Facilities, Notification and Review Required. Building permit applications for new construction of a Micro Wireless Telecommunications Services Facility under Article 7 or 8 of the Planning Code in all NC or Eastern Neighborhoods Mixed Use Districts shall be subject to the notification and review procedures required by this Section. Pursuant to Section 205.2, applications for building permits in excess of 90 days for Temporary Wireless Telecommunications Facilities to be operated for commercial purposes in NC and Eastern Neighborhood Mixed Use Districts shall also be subject to the notification and review procedures required by this Section. (h) Removal of Residential Units. When removal or elimination of a residential unit is proposed, the Applicant shall comply with the following notification procedures. ( 1) The Applicant shall provide a list of all residential units in the subject property to the Zoning Administrator, including those units that may be unauthorized residential units. (2) The Applicant shall post a notice of the application at least 30 inches by 30 inches in a conspicuous common area of the subject property, with the content as described in Subsection (d)(2) above, and including the phone numbers of the agencies to contact regarding building permit issuance and appeal. The sign shall also indicate the appropriate 22 · City agency or resource to contact for assistance in securing tenant counseling or legal services that can provide assistance to tenants with understanding and participating in the City's processes. The sign shall be posted no later than the mailing date of the notice required under Subsection (d)(2) above and shall remain posted until the conclusion of any Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 29 hearings on the permit before the Planning Commission, the Zoning Administrator, the Board of Supervisors or the Board of Appeals. Such notice shall also include contact information for translation services into Spanish, Chinese, and Russian. (3) The Planning Department shall cause notice to be mailed to all residential units in the building, including any unauthorized residential units. (4) If an application proposes the kind of work set forth in Section 312(b) above, the Applicant shall comply with the notification requirements set forth in Section 312(d) above, in addition to the on-site notification requirements set forth in this Section 312(h), but this Section 312(h) shall not require compliance with such notification requirements if they are otherwise not required. SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS. * * * * (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in Rand NC Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot. Any use that does not qualify as an Accessory Use shall be classified as a Principal or Conditional uUse unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following: * * * * (9) Cannabis Retail that does not meet the limitations set {Orth in Section 204.3(a){3). * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 30 SEC. 710. NC-1 -NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE * * * * Zoning Category * * * * * * * * Greenhouse Agriculture. Industrial * * * * * * * * Medical Cannabis Dispensary * * * * Residential Care Facility * * * * * * * * Cannabis Retail Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS §References * * * * * * * * * * * * * * * * §§ 102, NP 202.2(c) * * * * * * * * §§ 102, NPf4)ffil 202.2(e) * * * * * * * * § 102 p * * * * * * * * §§ 102. 202.2(a) NP!fil Controls * * * * * * * * NP NP * * * * * * * * NP!fil NP * * * * * * * * P(=5i) P(=5i) * * * * * * * * NP!fil NP Page 31 Utility and Infrastructure* * * * * * * * * § 102 * * * * C(62) C(62) * * * * * * * * * * * * (4) Permitted with DR if the A1edical Cannabis Dispensaries caH demonstrate to the Planning Department they were in operation as o.fApril 1, 2005 and have remained in contimwus operation and have obtained afinal permit to operate by },1arch 1, 2008. (-51..) C required for 7 or more persons. (62) C if a Macro WTS Facility; P if a Micro WTS Facility. (6) C in Supervisorial District 4. /1 /1 /1 /1 /1 /1 /1 /1 /1 /1 /1 /1 /1 Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 32 SEC. 711. NC-2-SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * Zoning Category § References Controls * * * * * * * * * * * * NON-RESIDENTIAL USES Controls by Story ~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~~ 1st 2nd 3rd+ * * * * * * * * **** **** **** GreenhouseAgriculture, Industrial §§ 102, 202.2(c) NP NP NP * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102, * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS 202.2(e) * * * * **** **** **** DR DR NP **** **** **** Page 33 * * * * Cannabis Retail * * * * * * * * * * * * **** **** **** §§I 02. 202(a) * * * * **** **** **** SEC. 712. NC-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE * * * * Zoning Category § References Controls * * * * * * * * * * * * NON-RESIDENTIAL USES Controls by Story ~~~~~~~~~~~~~~~~~~~-~~~~--~~~~~~~~~~ * * * * GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis Dispensary Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS 1st 2nd 3rd+ * * * * * * * * * * * * * * * * §§ 102, 202.2(c) NP NP NP * * * * * * * * * * * * * * * * §§ 102, 202.2(e) DR DR Page 34 * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102. 202.2(a) * * * * * * * * * * * * * * * * c * * * * * * * * * * * * SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE * * * * Zoning Category * * * * * * * * GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis Dispensary Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § References * * * * * * * * * * * * §§ 102, 202.2(c) NP * * * * * * * * §§ 102, 202.2(e) DRNPC Controls * * * * * * * * * * * * NP NP * * * * * * * * }/PDRNPC NP Page 35 * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * * GrccnhouscAgriculture, Industrial * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS §§ 102, 202.2(c) NP NP NP Page 36 Medical Cannabis Dispensary §§ 102, DR 202.2(e) * * * * * * * * * * * * * * * * * * * * * * * * Cannabis Retail §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * c * * * * SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * NP * * * * * * * * * * * * Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * GreenhouseAgriculture, Industrial * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * NP * * * * * * * * NP NP Page 37 * * * * * * * * Medical Cannabis Dispensary §§ 102, * * * * * * * * Cannabis Retail * * * * * * * * 202.2(e) * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * DR NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * GreenhouseAgriculture, Industrial Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§102, 202.2(c) * * * * NP * * * * * * * * NP NP Page 38 * * * * * * * * * * * * Medical Cannabis Dispensary §§102, * * * * * * * * Cannabis Retail * * * * * * * * 202.2(e) * * * * * * * * §§102, 202.2(a) * * * * * * * * * * * * * * * * DR NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 39 GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * §§ 102, 202.2(c) * * * * §§ 102, 202.2(e) * * * * * * * * NP * * * * DR * * * * * * * * §§102. 202.2(a) C * * * * * * * * NP NP * * * * * * * * NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 40 * * * * GreenhouseAgriculture, Industrial * * * * * * * * * * * * §§ 102, 202.2(c) * * * * Medical Cannabis Dispensary §§ 102, 202.2(e) * * * * * * * * Cannabis Retail * * * * * * * * * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * NP NP NP * * * * * * * * * * * * DR NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 41 ;i7\~ri4lJ1tHra1i'l~i~'iq~t~go * * * * GreenhouseAgriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102, * * * * * * * * Cannabis Retail * * * * * * * * 202.2(e) * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * DR NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § References Controls Page 42 * * * * GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * Grocery, General Grocery, Specialty * * * * Liquor Store * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * §§ 102, 202.2(e) * * * * * * * * ~~ 102, 202.2(a) * * * * § 102 § 102 * * * * § 102 * * * * * * * * * * * * * * * * NP NP NP * * * * * * * * * * * * DR(J) (1) DR(l) (1) DR(J) (1) * * * * * * * * * * * * * * * * * * * * * * * * C-fB C-fB NP * * * * * * * * * * * * P(21) P(21) P(21) P(21) P(21) P(21) * * * * * * * * * * * * NP(21) NP(21) NP(21) * * * * * * * * * * * * Page 43 I' I I I Services, Fringe Financial § 102 NP(if,) NP(if,) NP(if,) * * * * * * * * * * * * * * * * * * * * Utility and Infrastructure* § 102 C(4~) C(4~) C(4~) * * * * * * * * * * * * * * * * * * * * * * * * * Not listed below (1) AfED!CAL CA1'/,\G4BIS DISPEVSARIES Controls: (a) A }.fedical Cannabis Dispensary (J,,1CD) seeking to locate ',vithin 500 feet ofanother }.!CD use may be allowed as a Conditional Use; pro',:ided, however, that any amendments to regulations governing the proximity of an }.!CD to another },fCD that are applicable to },!CDs Citywide shall apply· in the Excelsior Outer .Mission 1'1CD and will supersede the condition use requirement contained in this Section 745. 1 (b) Jn addition to the requirements of"Planning Code Section 303, the Planning Commission shall approve the application and authorize the Conditional Use if the facts presented are such to establish that: (i) the },{CD ·will bring measurable community benefits and enhancements to the Excelsior Outer },fission Street Neighborhood Commercial District, (ii) the },1CD has prepared a parking and transportation managementplan sufficient to address the anticipated impact of its patients, (iii) the 1\fCD has demonstrated a commitment to maintainingpublic safety by actively engaging ·with the community· prior to applying for the Conditional Use, including adequate security• measures in the operation of their business and designating a community• liaison to deal cffecth·ely ·with current and future neighborhood concerns. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 44 (c) In addition to the abme criteria, in regard to a Conditional Use authorization application, the Planning Commission shall consider the existing concentrations o.fA!CDs within the District. (d) A A!edical Cannabis Dispensary may only operate between the hours of 8 am and 10 J7fft;' (e) A },fedical Cam1abis Dispensary may locate abm,ie thefir~tfloor only if it shall be accessible to persons with disabilities as required under the California Building Code. (1) No more than three Medical Cannabis Dispensaries or Cannabis Retail Uses, in any combination, shall be permitted at any given time.Note deleted. (l-R1) OFF-SALE LIQUOR ESTABLISHMENTS Controls: (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 Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 45 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 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. (~6) 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 1 O services are P subject to the restrictions set forth in Section 249.35(c)(3). (44~) C if a Macro WTS Facility; P if a Micro WTS Facility. SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * GrccnhouscAgriculture, Industrial Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP Page 46 * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102, Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS 202.2(e) * * * * * * * * * * * * DR NP Page 47 * * * * c_,,.. '>,' _,, -<'::.- :,:.:·,.·; /:,-· ,'._.·;···- ,-;_ :-- :·_ .. _- \Sal~s:~nd§e~i~~ •• use:categor'f ;,, .. ·.·. * * * * * * * * * * * * Cannabis Retail §§ 102. 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * GreenhouseAgriculture, Industrial * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP Page 48 Medical Cannabis Dispensary §§ 102, * * * * * * * * Cannabis Retail * * * * * * * * 202.2(e) * * * * * * * * §§ 102, 202.2(a) * * * * DR NP * * * * * * * * * * * * * * * * * * * * * * * * c * * * * * * * * * * * * SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * GreenhouseAgriculture, Industrial * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * NP * * * * * * * * NP NP Page 49 * * * * * * * * * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102, DR NP 202.2(e) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Cannabis Retail §§ 102. 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * GreenhouseAgriculture, Industrial Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP Page 50 * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * DR * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * NP * * * * * * * * * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 51 GreenhouseAgriculture, Industrial * * * * * * * * §§ 102, 202.2(c) * * * * NP * * * * Medical Cannabis Dispensary §§ 102, 202.2(e) DR * * * * * * * * * * * * * * * * * * * * * * * * Cannabis Retail §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * NP NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 728. 24TH STREET- NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 52 GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis §§ 102, 202.2(c) NP * * * * * * * * §§ 102, 202.2(e) DR NP NP * * * * * * * * NFDR NP Dispensary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Cannabis Retail §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 53 * * * * GrccnhouscAgriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * c * * * * * * * * * * * * * * * * * * * * * * * * SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * NP * * * * * * * * * * * * Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 54 * * * * GreenhouseAgriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * DR * * * * * * * * §§102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * NP * * * * * * * * * * * * Table 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 55 * * * * * * * * GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * * * * * * * * * §§102, 202.2(c) NP NP * * * * * * * * * * * * §§102, 202.2(e) C * * * * * * * * * * * * * * * * * * * * * * * * §$102, 202.2(a) * * * * * * * * * * * * SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * NP * * * * NP * * * * * * * * * * * * Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § References Controls Page 56 * * * * GreenhouseAgriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * c * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * NP * * * * * * * * * * * * Table 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 57 * * * * GreenhouseAgriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(c) NP NP NP * * * * * * * * * * * * * * * * §§ 102, 202.2(e) C NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL NEIGHBORHOOD COAIAIERCL4L DISTRICT. * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 58 Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * c * * * * * * * * §§I 02, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 739. ~\lORIEGA STREET1VEI~HBORHOOD COAIAIERCL4L DISTRICT. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * NP * * * * * * * * * * * * Page 59 The }loriega Street Neighborhood Commercial District is located in the Outer SMnset neighborhood and includes the non residential currently zoned }lC 2 properties fronting both sides of Noriega Street between 19th and 27th and 30th through 33rdAvenues. The Districtpro;,,·ides a selection o.fconvenience goods and services for the residents of the Outer Sunset District. There are a high concentration ofrestaurants, drawing customensfrom throughout the City and the region. There are also a significant number ofprofcssional, realty, and business offices as well asfinancial institutions. The }loriega Street }leighborhood Commercial District controls are designed to promote development that is consistent ·with its existing land use patterns and to maintain a harmony of uses tlwt support the District's '.ritality. The building standards allmv small scale buildings and uses, protecting rear yards abme the ground story and at residential le',,•els. In new development, most commercial uses arepermittedat thefir.st two stories, although certain limitations apply to uses at the second story. Special controls are necessary to preserve the equilibrium o.fneighborhood ser.Jing convenience and comparison shopping businesses and to protect adjacent residential livability·. To protect continuous frontage, drive up uses are prohibited and acti'.re, pedestrian oriented ground floor uses generally must be provided, unless such uses are authorized by Conditional Use. These controls are designed to encourage the street's actiP'e retailfrontage, and local fabrication and production ofgoods. Accessory Dwelling Units are permitted within the districtpur.suant to subsection 207(c) (4) of'this Gode-: SEC. 740. IRVING STREET NEI*YHBORHOOD COi,fAfERCL4L DISTRICT. The Irving Street }leighborhood Commercial District is located iJq the Outer Sunset neighborhood and includes tlw non residential currently zoned }IC 2 properties fronting both sides ofirving Street between 19th and 27th Avenues. The Districtprmides a selection o.fconvenience goods and services for the residents o.fthe Outer Sunset District. There are a high concentration o.frestaurants, dra~ving Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 60 customersfrom throughout the City and the region. There are also a significant number of professional, realty, and business offices as well asfinancial institutions. The Irving Street l'leighborhood Commercial District controls are designed to promote development that is consistent ·with its existing land use patterns and to maintain a harmony a.fuses that support the District's vitality. The building standards allmv small scale buildings and uses, protecting rear yards above the ground story and at residential levels. In ne=w development, most commercial uses are permitted at thefir~t two stories, although certain limitations apply to uses at the second story. Special controls are necessttry to preserve the equilibrium o.fneighborhood serving convenience tmd comparison shopping businesses tmd to protect adjacent residential livability. These 1 0 controls are designed to encourage the street's acti'.le retailfrontage, and local fabrication and production ofgoods. Accessory Dwelling Units are permitted within the districtpursuant to subsection 207(c)(4) of this Gede:- SEC. 741. L4RAVAL STREETATEJ~HBORHOOD COMMERCL4L DISTRICT. The Taraval Street Neighborhood Commercial District is located in the Outer Sunset neighborhood and includes the non residential currently zoned NC 2 properties fronting both sides of'Taraval Streetfrom 19th through 36th Avenues. The Districtprovides a selection o,fconvenience goods and ser.:ices for the residents of the Outer Sunset District. There are a high concentration of restaurants, 1 9 drmving customersfrom throughout the City and the region. There are also a significant number of professional, realty, and business offices as ·well asfinancial institutions. The Tarm:al Street 1"leighborhood Commercial District _controls are designed to promote development that is consistent ·with its existing land use patterns and to maintain a harmony o.f uses that support the District's vitality. The building standards allmv small scale buildings and uses, protecting rear :y·ards above the ground story and at residential levels. In new de'.lelopment, most commercial uses are permitted at tlwfirst two stories, although certain limitations apply to uses at Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 61 the second story. Special controls arc necessary to preserve the equilibrium of neighborhood serving convenience and comparison shopping businesses and to protect adjacent residential livability. These controls arc designed to encourage the street's active rctailfrontagc, and local fabrication and production o.fgoods. Accessory Dwelling Units are permitted within the districtpursuant to subsection 207(c)(4) ofthis b&de-: SEC. 742. JUDAH STREET .VEIGHBORHOOD COAIAIERCL4L DISTRICT. The Judah Street Neighborhood Commercial District is located in the Outer Sunset ncighhorhood and includes the non residential currently zoned ;vc 2 properties fronting both sides ofJud:ah Street from 29th through 33rdAvcnucs. The Districtprmddes a selection of convenience goods and services for the residents of the Outer Sunset District. There arc a high concentration o.frcstaurants, drawing customcrsfrom throughout the City and the region. There are also a significant number of professional, realty, and business offices as ·,vcll asfinancial institutions. The Judah Street 1"leighborJ10od Commercial District controls arc designed to promote development that is consistent ·with its existing land use patterns and to maintain a harmony a.fuses that support the District's ',Jitality. The buikiing standards allow small scale buildings and uses, protecting rear yards above the ground story and at residential levels. In new development. most commercial uses arc permitted at thcfir~t two stories, elthough certain limitations apply to uses at 1 9 the second story. Special controls arc necessary to preserve the equilibrium o.fncighborhood scniing com·cnicncc end comparison shopping businesses and to protect adjacent residential Uvability·. These controls arc designed to encourage the street's active rctailfrontagc, and local fabrication and production o.fgoods. Accessory Dwelling Units are permitted vvithin the district pursuant to subsection 207(c)(4) of this b&de-: Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 62 SEC. 745. EXCELSI-OR OUTER MISSW1'1STREET1VEIGHBORHOOD COAfAlERCL4L DISTRICT. The Excelsior Outer },fission Street 1'leighborhood Commercial District is l-ocated al-eng },fission Street between Alemany Boulevard and the San Francisco San }dateo county line. Outer },fission Street is mixed use, combining street-fronting retail businesses on the groundjloor and housing on upper floors. The range &}comparison goods and services &jfcred is varied and afien includes specialty retail stores, restaurants, and neighborhood serving affices. The area is transit oriented and the commercial uses serve residents &j the area as rt·eU as residents and visitors from adjacent and other neighborhoods. 1 O The Excelsior Outer },fission Street Neighborhood Commercial District is intended to provide convenience goods and services to the surrounding neighborhoods as -well as limited comparison shopping goods for a wider market. Housing de'.lelopment in new bNildings is encoNraged above the second story. Existing residential Nnits are protected by limitations on demolitions and upper story conversions. Parking for residential and commercial Nses is not required. BNildings range in height, »tiith height limits generally allowing up to foW' stories. Lots vary in size, generally small or medium sized with some very large parcels. Accessory Dwelling Units are permitted within the district pursNant to sNbsection 207(c)(4) &j this Code. SEC. 748. JAPA1VTOWN 1VEI~HBORHOOD COA/AlERCL4L DISTRICT. The Japantown Neighborhood Commercial District extends between Geary BoNlevard and Post 2 0 Streetfrom Fillmore Street to Laguna Street, the north side o.f Pest Streetfrom Webster Street to Laguna Street, and Buchanan Street from Post Street to midway between SNtter Street and BNsh Street. The character of these streets is largely commercial, inclNding large malls, althoNgh there are some residential Nnits abme the ground story. BNildings are typically two to f{mr stories, although there are two taller hotels. Geary BoNlevard, Fillmore Street, and Sutter Street are importantpNblic transit corridors. The commercial districtprmides convenience goods and services to the Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 63 surrounding neighborhoods as ·well as shopping, cultural, and entertainment uses that attract visitors from near and far. The .]apantoH'n I'kighborhood Commercial District controls are designed to encourage and promote development that enhances the walkable, commercial character ofthis area and to support its local and regional role. I'lew commercial development is required on the groundjloor and permitted above. }rfost neighborhood and visitor serving businesses are strongly encouraged, including eating, drinldng, and retail uses, as long as they do not create a nuisance. Less active commercial uses are encouraged above the groundfloor, along with housing and institutional uses. Accessory Dwelling Units are pennitted within the district pursuant to subsection 207(c)(4) of this bede-:- SEC. 750. NCT-1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT. * * * * Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture. Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 64 * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) NP * * * * * * * * * * * * * * * * NP NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 751. NCT-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 751. SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT- 2 ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 65 Greenhouse Agriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * §§ 102, 202.2(c) * * * * §§ 102, 202.2(e) * * * * * * * * NP * * * * DR * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * NP NP **** **** NP **** **** **** **** **** **** SEC. 752. NCT-3-MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 66 * * * * Greenhouse Agriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * DR * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * * * * * NP * * * * * * * * * * * * Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 67 * * * * Greenhouse Agriculture, Industrial * * * * * * * * §§ 102, 202.2(c) * * * * Medical Cannabis Dispensary §§ 102, 202.2(e) * * * * * * * * * * * * * * * * * * * * NP * * * * DR * * * * * * * * Cannabis Retail §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * NP NP * * * * * * * * NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 68 * * * * Greenhottse Agriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * DR * * * * * * * * §§102, 202.2(a) C * * * * * * * * * * * * * * * * NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Zoning Category Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS ZONING CONTROL TABLE § References Controls Page 69 * * * * Greenhouse Agriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102, 202.2(e) * * * * * * * * * * * * * * * * * * * * DR * * * * * * * * Cannabis Retail §§ 102. 202.2(a) C * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * * * * * NP * * * * * * * * * * * * Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 70 * * * * Greenhouse Agriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * II II II II Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * * * * * * * * * §§ 102, 202.2(c) NP NP NP * * * * * * * * * * * * * * * * §§ 102, 202.2(e) DR NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * Page 71 SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * §§ 102, 202.2(c) * * * * * * * * * * * * NP NP NP * * * * * * * * * * * * * * * * Medical Cannabis Dispensary §§ 102. 202.2(e) DR * * * * * * * * Cannabis Retail * * * * * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * DR * * * * * * * * * * * * * * * * * * * * * * * * Page 72 SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * * * * * §§ 102, 202.2(c) NP NP * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * NP * * * * * * * * * * * * * * * * Page 73 * * * * SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * * * * * Greenhouse Agriculture, Industrial ZONING CONTROL TABLE * * * * §§ 102, 202.2(c) * * * * NP * * * * * * * * NP NP * * * * * * * * Medical Cannabis Dispensary * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(e) * * * * * * * * * * * * * * * * DR NP * * * * * * * * * * * * Page 74 * * * * Cannabis Retail * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * * * * * Medical Cannabis Dispensary * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * §§ 102, 202.2(e) * * * * * * * * NP * * * * DR * * * * * * * * * * * * NP NP * * * * * * * * NP * * * * * * * * Page 75 * * * * Cannabis Retail * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * * * * * * * * * SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * * * * * Medical Cannabis Dispensary Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * * * * * NP * * * * §§ 102, 202.2(e) DR * * * * * * * * NP NP * * * * * * * * NFDR NP Page 76 * * * * Cannabis Retail * * * * * * * * * * * * * * * * §§102, 202.2(a) C * * * * * * * * * * * * * * * * c * * * * * * * * SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 762. VALENCIA STREET NEIGHBORHOOD TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * §§ 102, 202.2(c) NP * * * * * * * * NP NP Page 77 Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * §§ 102, 202.2(e) DR NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * §§ 102, 202.2(a) * * * * * * * * * * * * * * * * SEC. 763. 24TH STREET-MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 763. 24TH STREET -MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * Greenhouse Agriculture, Industrial * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * §§ 102, 202.2(c) * * * * NP * * * * * * * * NP NP Page 78 * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * * * * * DR * * * * * * * * §§102, 202.2(a) C * * * * * * * * * * * * * * * * NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 79 GreenhoblSe Agriculture, §§ 102, 202.2(c) Industrial * * * * * * * * Medical Cannabis Dispensary * * * * * * * * Cannabis Retail * * * * * * * * * * * * §§ 102, 202.2(e) * * * * * * * * NP * * * * DR * * * * * * * * §§ 102, 202.2(a) C * * * * * * * * NP NP * * * * * * * * NP * * * * * * * * * * * * * * * * * * * * * * * * SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS. * * * * No. * * * * 803.2. 75 * * * * TABLE 803.2 USE CATEGORIES PERMITTED IN THE CHINATOWN MIXED USE DISTRICTS Zoning Control Categories for Uses * * * * Cannabis Retail * * * * Section Number of Use Definition * * * * § 890.125 * * * * (b) Use Limitations. Uses in Chinatown Mixed Use Districts are either permitted, conditional, accessory, temporary, or are not permitted. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 80 (1) Permitted Uses. All permitted uses in Chinatown Mixed Use Districts shall be conducted within an enclosed building, unless otherwise specifically allowed in this Code. Exceptions from this requirement are: accessory off-street parking and loading; uses which, when located outside of a building, qualify as an outdoor activity area, as defined in Section 890.71 of this Code; Neighborhood Agriculture, as defined in Section 102 of this Code; Wireless Telecommunications Services Facility, as defined in Section 102 of this Code; and uses which by their nature are to be conducted in an open lot or outside a building, as described in Sections 890 through 890.140 of this Code. If there are two or more uses in a structure and none is classified under Section 803.2(b)(1)(C) of this Code as accessory, then each of these uses will be considered separately as an independent permitted, conditional, temporary,_ or not permitted use. * * * * (C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in R Districts) and 204.5 (Parking and Loading as Accessory Uses) of this Code, a related minor use which is either necessary to the operation or enjoyment of a lawful pfrincipal uUse or eConditional uUse or is appropriate, incidental,_ and subordinate to any such use, shall be permitted in Chinatown Mixed Use Districts as an e4_ccessory uUse when located on the same lot. Any uUse not qualified as an e4_ccessory uUse shall only be allowed as a pfrincipal or eConditional uUse, unless it qualifies as a temporary use under Sections 205 through 205.2 of this Code. No use in a Chinatown Mixed Use District will be considered accessory to a pfrincipal uUse which involves or requires any of the following: * * * * (vii) Cannabis Retail that does not meet the limitations set forth in Section 204. 3 (a){3 ). Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 81 * * * * SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS AND SOUTH OF MARKET MIXED USE DISTRICTS. * * * * (b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts and South of Market Mixed Use Districts are either Principally Ppermitted, Conditional, Accessory, temporary, or are not permitted. (1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as ed_ccessory will be considered separately as an independent permitted, cConditional, temporary or not permitted use. * * * * (C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in R and NC Districts), 204.2 (Accessory Uses for Uses Other Than Dwellings in R Districts);=-,_ 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an accessory use is a related minor use which is either necessary to the operation or enjoyment of a lawful pfrincipal uUse or Conditional Use, or is appropriate, incidental,_ and subordinate to any such use, and shall be permitted as an ad_ccessory uUse in an Eastern Neighborhoods Mixed Use District and South of Market Mixed Use District. In order to accommodate a pfrincipal uUse which is carried out by one business in multiple locations within the same general area, such ed_ccessory uUse need not be located in the same structure or lot as its pfrincipal uUse provided that (1) the ed_ccessory uUse is located within 1,000 feet of the pfrincipal uUse; and (2) the multiple locations existed on April 6, 1990-(the effective date &}this amendment). ad_ccessory uUses to non-office uses (as defined in Section 890.70) may occupy space which is non-contiguous or on a different Story as the pfrincipal Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 82 ttUse so long as the e4ccessory ttUse is located in the same building as the pfrincipal ttUse and complies with all other restrictions applicable to such e4ccessory ttUses. Any use which does not qualify as an e4ccessory ttUse shall be classified as a pfrincipal ttUse. No use will be considered accessory to a pfrincipal ttUse which involves or requires any of the following: * * * * (vii) Cannabis Retail that does not meet the limitations set forth in Section 204. 3 (a) (3 ). * * * * SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE Zoning No. § References Category Retail Sales and Services * * * * * * * * .75 Cannabis Retail * * * * * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * ¢¢ 202.2(a). 890.125 * * * * * * Chinatown Community Business Controls by Story 1st 2nd 3rd+ * * * * * * * * * * * c c * * * * * * * * * * * Page 83 SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * Table 811 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE * * * * Zoning No. § References Chinatown Visitor Retail Controls by Story Category 1st 2nd 3rd+ Retail Sales and Services * * * * * * * * * * * * * * * * * * * * * * * * .75 Cannabis Retail ~~ 202.2caL, c c 890.125 * * * * * * * * * * * * * * * * * * * * * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Chinatown Residential Neighborhood No. Category Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § References Commercial Controls by Story Page 84 1st 2nd Retail Sales and Services * * * * * * * * * * * * * * * * * * * * * * * .75 Cannabis Retail ~~ 202.2ca2, c 890.125 * * * * * * * * * * * * * * * * * * * * * * SEC. 813. RED- RESIDENTIAL ENCLAVE DISTRICT. * * * * Table 813 RED - RESIDENTIAL ENCLAVE DISTRICT ZONING CONTROL TABLE No. Zoning Category * * * * Other Uses * * * * * * * * £2,rn - .1 N~ - n1 -· _.J,. "';\_T_ •"fAN,-,-rA"'I. ~ "-''-'1"/"\./-r.....' ...... \JI _.L ,,"-41,,,, ..4 '-'"l IJ'Vl.J' 813.71 Tndustrial A<Jriculture * * * * * * * * 813.74A Neighborhood Ag ricu ltu re 813.748 Large-Scale Urban Agriculture Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Residential § References Enclave Controls * * * * * * * * § 227(a)102 NP * * * * * * * * §102~ p §102~ NP 3rd+ * * * * Pag~ 85 I* * * * I* * * * * * * * SEC. 814. SPD-SOUTH PARK DISTRICT. * * * * Table 814 SPD - SOUTH PARK DISTRICT ZONING CONTROL TABLE No. Zoning Category § References South Park District Controls * * * * * * * * Retail Sales, and Services All Retail Sales and Services, Except for 814.31 Barsl.tmd Liquor Stores and Cannabis &JgjJ_ * * * * * * * * 814. 75 Cannabis Retail * * * * * * * * Other Uses * * * * * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * §§ 102. 890.104, P up to 5,000 sf per lot 890.116 * * * * * * * * $$ 202.2(a) 890.125 C uv to 5 000 sf ver lot * * * * * * * * * * * * * * * * Page 86 r'.-~ 7.~ ·~~ ~·· n1 .+ '-.J _._..,,.,...,..·.-.JV VI .L ,..,,,,,,,, 814.74A 1-..r;,,, ~- .r Industrial § 227(a)102 NP IA frriculture Neighborhood 814.74B §102~ p Agriculture Large-Scale Urban 814.74C § 1 02:-B-(bf c Agriculture * * * * * * * * * * * * * * * * * * * * SEC. 815. RSD - RESIDENTIAL/SERVICE MIXED USE DISTRICT. * * * * Table 815 RSD - RESIDENTIAL/SERVICE MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Retail Sales and Services A.II Retail Sales and Services which are not Office Uses or prohibited by § 803.4, including Bars, 815.31 Limited-Restaurants, Restaurants, Cannabis Retail and Personal Services * * * * Other Uses * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Residential/Service Mixed Use District Controls §§_l_Ql_ P, pursuant to 890.104 § 803.8(c) * * * * * * * * * * * * * * * * Page 87 815.74A Ir> ~Mt, '~~ DJ }' r~" ..,;:, .Y Industrial Agriculture § :±:±f.(ejl 02 NP ~ \..'"-'Jl>J·.._,...,.,,.,1.._, VI ..L ,..,.,, 815.748 Neighborhood Agriculture §102~ p 815.74C Large-Scale Urban Agriculture §102~ c * * * * * * * * * * * * * * * * SEC. 816. SLR - SERVICE/LIGHT INDUSTRIAL/RESIDENTIAL MIXED USE DISTRICT. * * * * Table 816 SLR - SERVICE/LIGHT INDUSTRIAL/RESIDENTIAL MIXED USED DISTRICT ZONING CONTROL TABLE No. Zoning Category * * * * Retail Sales and Services All Retail Sales and Services which are not Office Uses or prohibited by 816.31 § 803.4, including Bars, Limited- Restaurants, Restaurants, Cannabis !Retail and Personal Services * * * * Other Uses * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § References §il.Jll,_ 890.104 * * * * * * * * Service/Light Industrial/ Residential Mixed Use District Controls p * * * * * * * * Page 88 lr.,~~M7 n~ n7 .+ >.T . .,, J, d tr" l ~ ,._.....,. j..JJ-\J-r~~ \J .i. l>'-41 ; VH U~ .J' n us la 816.74A § 227(a)102 NP IA rrriculture 816.748 Neighborhood Agriculture § 1 02:-:B(ej p 816.74C Large-Scale Urban Agriculture § 1 02:-:B{hf c * * * * * * * * * * * * * * * * SEC. 817. SU - SERVICE/LIGHT INDUSTRIAL DISTRICT. * * * * Table 817 SLI - SERVICE/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Service/Light Industrial District Controls * * * * * * * * Retail Sales and Services All Retail Sales and Services which are not Office Uses or prohibited by § 803.4, 817.31 including Bars, Limited-Restaurants, Restaurants, Cannabis Retail and Personal Services Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * §§102. 890.104P Page 89 * * * * * * * * * * * * * * * * Other Uses * * * * * * * * * * * * * * * * le ___ 7 ____ --· n1~-, I'-" '-'...,,,,,,,..., ·- .._, ...... ,,...,..,,,,, 817.74A " r~::':;;:;, .r Industrial § 227(a)102 p IA ~riculture Neighborhood 817.748 §102~ p Agriculture Large-Scale Urban 817.74C §102~ c Agriculture * * * * * * * * * * * * * * * * * * * * SEC. 818. SSO-SERVICE/SECONDARY OFFICE DISTRICT. * * * * Table 818 SSO-SERVICE/SECONDARY OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category * * .* * * * * * Retail Sales and Services All Retail Sales and 818.31 Services which are not Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Service/Secondary Office § References District Controls * * * * * * * * §§..JQl_ 890.104 p Page 90 Office Uses or prohibited by § 803.4, including Bars, Limited- Restaurants, Restaurants, Cannabis Retail and Personal Services * * * * * * * * Other Uses * * * * * * * * r .. ~ 1. ~ ·~~ n7 ~ '-' ···~ ''-" ~ .... "'""''"" 818.74A H. u~· J Industrial A Priculture Neighborhood 818.748 Agriculture Large-Scale Urban 818.74C Agriculture * * * * * * * * * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * * * * * * * * * * * * * § 227(a)I02 p §102~ p §102~ c * * * * * * * * Page 91 SEC. 840. MUG - MIXED USE-GENERAL DISTRICT. * * * * Table 840 MUG - MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. lzoning Category § References * * * * Institutions * * * * * * * * * * * * Medical Cannabis 840.36 § 890.133 Dispensary * * * * * * * * * * * * Retail Sales and Services * * * * * * * * * * * * $$ 202.2(a) 840.52 Cannabis Retail 890.125 * * * * * * * * * * * * Industrial, Home, and Business Service * * * * * * * * 71.T D ·'-~"7 r'. .. ~ .1_ - nn ~ --- ~ -- "'"'-' 'r~._, 840.87 T>1 71. T. I.._, ..L '""''"""..I.. Vf,/.._,.,,.. .)' Industrial Af!riculture Other Uses Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * § 227(a)l02 Mixed Use-General District Controls * * * * NP * * * * * * * * C. Subiect to size controls in Section 840.45. * * * * * * * * p Page 92 * * * * * * * * * * * * * * * * Neighborhood 840.978 § 1 02:-:B(e} p ~griculture Large-Scale Urban 840.97C §102~ c Agriculture * * * * * * * * * * * * * * * * * * * * SEC. 841. MUR - MIXED USE-RESIDENTIAL DISTRICT. * * * * Table 841 MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category * * * * Institutions * * * * * * * * 841.36 Medical Cannabis Dispensary * * * * * * * * Industrial, Home, and Business Service * * * * * * * * IU n ,, r1 .1 N~ D1 71.T • .,, -·· ~ ...._'- .... .,,....,,,.,-...... VVlt-li.V ... ,,._..\,..' V ..L ,..,..,,,,,_ ..4 Vl-1 IJVIJ 841.87 Industrial Af!riculture Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § Mixed Use- Residential References District Controls * * * * * * * * § 890.133 NP * * * * * * * * * * * * * * * * § 227(a)102 p Page 93 Other Uses * * * * * * * * * * * * * * * * 841.978 Neighborhood Agriculture §102~ p 841.97C Large-Scale Urban Agriculture §102~ c * * * * * * * * * * * * * * * * * * * * SEC. 842. MUO - MIXED USE-OFFICE DISTRICT. * * * * Table 842 MUO - MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category * * * * Institutions * * * * * * * * 842.36 Medical Cannabis Dispensary * * * * * * * * Industrial, Home, and Business Service * * * * * * * * 7\ T n ~ ·1 ,-i,,~ 1A~ Dl 7\T • ... ~. ,., ...__.. _....., ,,,,,v.,,,.._......, .._.. ...1. i.w "" .J. 1-4/U'-"l.)' 842.87 Tndustrial Af!riculture Other Uses Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS § Mixed Use-Office References District Controls * * * * * * * * § 890.133 NP * * * * * * * * * * * * * * * * § 227(a)102 p Page 94 * * * * * * * * * * * * * * * * 842.978 Neighborhood Agriculture §102~ p 842.97C Large-Scale Urban Agriculture §102~ c * * * * * * * * * * * * * * * * * * * * SEC. 843. UMU - URBAN MIXED USE DISTRICT. * * * * Table 843 UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Urban Mixed Use District Controls * * * * Institutions * * * * * * * * * * * * Medical Cannabis 843.36 §890.133 Dispensary * * * * * * * * * * * * Industrial, Home, and Business Service * * * * * * * * 7•.T ~ D~•-:] {2.,~~--1-~ •nn ~-· ....... '., - - ~ "' "''-'~r~·v '-" 843.87 DL. -" M • .,. L d t . l ·~···. v., u~'.J' n us rza A oriculture Other Uses Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * § 227(a)J02 * * * * NP * * * * * * * * p Page 95 * * * * * * * * * * * * * * * * Neighborhood 843.978 §102~ p Agriculture Large-Scale Urban 843.97C §102~ c ~griculture * * * * * * * * * * * * * * * * * * * * SEC. 844. WMUG - WSOMA MIXED USE-GENERAL DISTRICT. * * * * Table 844 WMUG -WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Institutions * * * * * * * * * * * * Medical Cannabis 844.36 § 890.133 Dispensary * * * * * * * * * * * * Industrial, Home, and Business Service * * * * * * * * Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS * * * * WSoMa Mixed Use-Residential District Controls * * * * wP * * * * * * * * Page 96 l\T n_,_.:7 f2. - J_ - -n - ~ i•~ -· - ""'""'"''"' ..... ·~- ..... 844.87 v 7 _, M ... ,- -· Industrial .... .4 "'"' ~- J § 227(a)J02 p A r;rriculture Other Uses * * * * * * * * * * * * * * * * 844.97b Neighborhood Agriculture §102~ p Large-Scale Urban 844.97c § 102:-Bfb) NP ~griculture * * * * * * * * * * * * * * * * * * * * SEC. 845. WMUO - WSOMA MIXED USE-OFFICE DISTRICT. * * * * Table 845 WMUO - WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Institutions * * * * * * * * * * * * Medical Cannabis 845.36 § 890.133 Dispensary * * * * * * * * * * * * Industrial, Home, and Business Service Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS WSOMAWSoMa Mixed Use-Office District Controls * * * * NP * * * * Page 97 * * * * * * * * * * * * * * * * ll\T D ., ............ "-'-'"'""""" ,_ ~ n1 I'-" ...,..., ,,, ''-' .......... """""''"" 845.87 § 227(a)l02 p n~::·:;~ .J' Industrial A wiculture Other Uses * * * * * * * * * * * * * * * * Neighborhood 845.97b §102~ p Agriculture Large-Scale Urban 845.97c §102~ NP Agriculture * * * * * * * * * * * * * * * * * * * * SEC. 846. SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT. Table 846 SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Industrial, Home, and Business Service * * * * * * * * 846.87 II.I-- D-L-~I ~ ,_.,. __ ,_....,.1-_ - ~~ - P+aflt Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS -- -.- - ~ * * * * § 227(a)102 SAL/ District Controls * * * * p Page 98 * * * * 11.i ·~~~~'Industrial ~ -- Aariculture * * * * SEC. 890.52. LABORATORY. * * * * * * * * Laboratory shall mean space within any structure intended or primarily suitable for scientific research. The space requirements of uses within this category include specialized facilities and/or built accommodations that distinguish the space from office uses (as defined in Section 890.70), light manufacturing (as defined in Section 890.54(a)), or heavy manufacturing (including uses listed in Sections 226(g) through 226(w)). Examples of laboratories include the following: * * * * (h) Core laboratory,.,- and (i) Cannabis testing (License Type 8-Testing laboratory, as defined in California Business and Professions Code, Division 10 ). SEC. 890.54. LIGHT MANUFACTURING, WHOLESALE SALES, STORAGE. A commercial use, including light manufacturing, wholesale sales, and storage, as defined in Subsections (a), (b), (c), and (d) below. (a) Light Manufacturing. A nonretail use whiehthat provides for the fabrication or production of goods, by hand or machinery, for distribution to retailers or wholesalers for resale off the premises, primarily involving the assembly, packaging, repairing, or processing of previously prepared materials, when conducted in an enclosed building having no openings other than fixed windows or exits required by law located within 50 feet of any R District. Light manufacturing uses include production and custom activities usually Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 99 involving individual or special design, or handiwork, such as the following fabrication or production activities as may be defined by the Standard Industrial Classification Code Manual as light manufacturing uses: * * * * (8) Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks:-; and (9) Manufacture of cannabis products or cannabis extracts that are derived without the use of volatile organic compounds (License Type 6-Manufacturer l, as defined in California Business and Professions Code, Division 10). * * * * (b) Wholesale Sales. A nonretail use whiehthat exclusively provides goods or commodities for resale or business use, including accessory storage. This use includes cannabis distribution (License Tvve I I-Distributor, as defined in California Business and Professions Code, Division 10). It shall not include a nonaccessory storage warehouse. * * * * SEC. 890.111. SERVICE, BUSINESS. A use whiehthat provides the following kinds of services to businesses and/or to the general public and does not fall under the definition of "office" pursuant to Section 890.70: radio and television stations; newspaper bureaus; magazine and trade publication publishing; microfilm recording; slide duplicating; bulk mail services; parcel shipping services; parcel labeling and packaging services; messenger delivery/courier .services; sign painting and lettering services; building maintenance services,· and cannabis delivery services. Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 100 SEC. 890.125. CANNABIS RETAIL. A Retail Sales and Service Use that sells or otherwise provides cannabis and cannabis-related products tor adult use, and that mav also include the sale of cannabis for medicinal use. Cannabis may be consumed on site pursuant to authorization by the City's Office of Cannabis and Department of Public Health, as applicable. Cannabis Retail establishments may only be operated by the holder of (a) a valid license from the State of California (License Type I 0-Retailer, as defined in California Business and Professions Code, Division I 0) and (b) a valid permit from the City's Office of Cannabis. This use is subject to operating and location restrictions set forth in Section 202.2(a). Section 3. Repeal of Ordinance No. 186-17. The City enacted Ordinance No. 186- 17 on September 15, 2017. That ordinance, a copy of which is in Board of Supervisors File No. 170516, is hereby repealed in its entirety. Section 4. Alphabetization. In Article 7 Zoning Control Tables, the publisher of the San Francisco Municipal Code, at the direction of the City Attorney, shall place uses in alphabetical order within their respective use categories. Section 5. 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 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 101 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: ICTORIAWON '\,\ Deputy City Atto ,ney .. "'"'''"'\a,201711700478\IJ1236~'.~ Mayor Lee; Supervisor Sheehy BOARD OF SUPERVISORS Page 102 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 171041 Date Passed: December 05, 2017 Ordinance amendiP.g the Planning Code to 1) regulate cannabis land uses, including, among other things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services, manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) delete superseded Planning Code provisions; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience and welfare findings pursuant to Planning Code, Section 302. November 02, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE November 02, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE November 02, 2017 Land Use and Transportation Committee - CONTINUED AS AMENDED November 06, 2017 Land Use and Transportation Committee - DUPLICATED November 06, 2017 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE November 06, 2017 Land Use and Transportation Committee - CONTINUED AS AMENDED November 13, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE November 13, 2017 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS COMMITTEE REPORT AS AMENDED November 14, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 -Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee November 14, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE City and County of San Francisco Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Pagel Printed at 11:07 am on 1216117 November 14, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee November 14, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee November 14, 2017 Board of Supervisors - CONTINUED AS AMENDED ON FIRST READING Ayes: 9 - Breed, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang and Yee Noes: 1 - Peskin Excused: 1 - Cohen November 28, 2017 Board of Supervisors - NOT AMENDED Ayes: 4 - Kim, Safai, Tang and Yee Noes: 7 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen and Sheehy November 28, 2017 Board of Supervisors - NOT AMENDED Ayes: 5 - Fewer, Kim, Safai, Tang and Yee Noes: 6 - Breed, Cohen, Farrell, Peskin, Ronen and Sheehy November 28, 2017 Board of Supervisors - NOT AMENDED Ayes: 5 - Fewer, Kim, Safai, Tang and Yee Noes: 6 - Breed, C_ohen, Farrell, Peskin, Ronen and Sheehy November 28, 2017 Board of Supervisors - NOT AMENDED Ayes: 4 - Farrell, Safai, Tang and Yee Noes: 7 - Breed, Cohen, Fewer, Kim, Peskin, Ronen and Sheehy November 28, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 6 - Breed, Cohen, Fewer, Kim, Peskin and Ronen Noes: 5 - Farrell, Safai, Sheehy, Tang and Yee November 28, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee November 28, 2017 Board of Supervisors - NOT AMENDED Ayes: 3 - Safai, Tang and Yee Noes: 8 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen and Sheehy November 28, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE City and County of San Francisco Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Page2 Printed at 11:07 am on 1216117 November 28, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang and Yee Noes: 1 - Safai December 05, 2017 Board of Supervisors - FINALLY PASSED Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang and Yee Noes: 1 - Safai File No. 171041 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/5/2017 by the Board of Supervisors of the City and County of San Francisco. °'te Approved City and County of San Francisco Page3 Printed at 11:07 am on 1216117