o0249-22

FILE NO. 220542 ORDINANCE NO. 249-22 [Planning Code - Temporary Safe Overnight Parking and Cannabis Retail Uses) Ordinance amending the Planning Code to allow long-term parking of and overnight camping in vehicles and ancillary uses on parcels designated and authorized for use as Vehicle Triage Centers or Safe Parking Program sites, as a temporary use; extending the date for expiration of temporary cannabis retail uses to January 1, 2024; 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 ·ingle-underline italics Times NeJ111 Roman font. Deletions to Codes are in t,·JriketJirough italics Times New Roman.fonJ. 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. (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. 220542 and is incorporated herein by reference. The Board affirms this determination. (b) On July 21, 2022, the Planning Commission, in Resolution No. 21146, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Supervisor Safai BOARD OF SUPERVISORS Page 1 City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 220542, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience and welfare for the reasons set forth in Planning Commission Resolution No. 21146. Section 2. The Planning Code is hereby amended by revising Sections 190, 191 and 205.2, to read as follows: SEC. 190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS RETAIL ESTABLISHMENTS. (a) Conversion of MCDs with Planning Commission Approval to Cannabis Retail Uses. (1) An establishment may convert from the prior authorized Use at the property to a Cannabis Retail Use by obtaining a building permit authorizing the change of Use, if the establishment (to be termed a "Grandfathered MCD") satisfies one of the following three criteria: (A) holds a valid final permit from the Department of Public Health to operate as a Medical Cannabis Dispensary, pursuant to Section 3307 of the Health Code, as of January 5, 2018; (B) holds an approval for a Medical Cannabis Dispensary Use from the Planning Department as of January 5, 2018; or (C) submitted a complete application for a permit from the Department of Public Health to operate as a Medical Cannabis Dispensary by July 20, 2017, and receives a final permit. Supervisor Safai BOARD OF SUPERVISORS Page (2) A Grandfathered MCD converting to a Cannabis Retail Use pursuant to this Section 190 is not subject to (A) a Conditional Use Authorization requirement for Cannabis Retail Uses in the zoning district in which it is located; (B) the locational restrictions for Cannabis Retail set forth in Section 202.2(a); (C) the requirements of Section 311; or (D) an application for discretionary review; provided however, that the Planning Commission or Planning Department staff may initiate discretionary review. (3) A Grandfathered MCD is subject to all other Planning Code requirements. (b) Establishment of Cannabis Retail Uses at Sites with MCD Applications Pending Before the Planning Commission. (1) For the purposes of this subsection (b), a Pending MCD Applicant is an applicant that submitted a complete application to the Department of Public Health to operate a Medical Cannabis Dispensary by July 20, 2017, but that did not receive a permit or authorization from the Planning Department to operate such Use as of January 5, 2018, and that qualifies as either an Equity Applicant or an Equity Incubator pursuant to Section 1604 of the Police Code. (2) A Pending MCD Applicant may establish a Cannabis Retail Use at the property where the application to operate a Medical Cannabis Dispensary was proposed by obtaining building permit authorization for the change of use. (3) Except as specified in this subsection (b), a Pending MCD Applicant that obtains a change of use permit for a Cannabis Retail Use is subject to all Planning Code requirements, including but not limited to the neighborhood notification requirement set forth in Supervisor Safai BOARD OF SUPERVISORS Page 3 Section 311 and Conditional Use Authorization if required for a Cannabis Retail Use by the zoning district in which the property is located. (4) A Pending MCD Applicant is not subject to the minimum radius requirement between Cannabis Retailers or between a Cannabis Retailer and a Medicinal Cannabis Retailer, as set forth in subsection 202.2(a), but is subject to all other locational requirements for Cannabis Retail set forth in subsection 202.2(a). (c) All other applications for a change of use from a Medical Cannabis Dispensary Use to a Cannabis Retail Use shall be subject to the zoning controls for the district in which the Medical Cannabis Dispensary is located. (d) This Section 190 shall expire by operation of law on January 1, 202J1_. Upon its expiration, the City Attorney shall cause this Section 190 to be removed from the Planning Code. SEC. 191. AUTHORIZATION OF TEMPORARY CANNABIS SALESRETAIL USES. (a) 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 December 31, 2020 shall be deemed a Temporary Cannabis &tksRetail Use, as defined in Section 205.2. Upon expiration of the Temporary Cannabis &tlesRetail Use authorization, the land use 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. (b) This Section 191 shall expire by operation of law on January 1, 202:J.{ Upon its expiration, the City Attorney shall cause this Section 191 to be removed from the Planning Code. Supervisor Safai BOARD OF SUPERVISORS Page4 SEC. 205.2. TEMPORARY USES: ONE- TO FOURSIX-YEAR LIMIT. A temporary use may be authorized for the following u es as specified belowaperied not to exceed two years, or, in lhe case ~fs Temportlry Camu1.bis Retail Use. for tlperied net tf:J exeeedfemr )'Cars,for any eflhefaliowing tl9e8: (a) Temporary authorizatiofl for a period 1101 to exceed one vear. Temporary Wireless Telecommunications Services (WTS) Facilities, i{the following requirements are met: (1) The Planning Director determines that the Temporary WTS Facility shall be sited and constructed so as to: (A) avoid proximitv to residential dwellings to the maximum extent feasible; (B) comply with the provisions o( Article 29 of the Police Code,· (C) be no taller than needed; (D) be phvsically screened to the maximum extent feasible: and (E) be erected for no longer than reasonably required. (2) Permits in excess of 90 day· for Temporary WTS Facilities operated for commercial purposes shall be subiect to Sections 311 and 312 o[this Code, where applicable. (3) The Planning Department mav require. where appropriate. notices along street .fi-ontages abutting the location of the Temporary WTS Facility indicating the nature of the facility and the duration of the permit. (b) Temporary authorization for a period not to exceed hvo vears. ill Temporary structures and uses incidental to the construction of a group of buildings on the same or adjacent premises; _ _ (bl) Rental or sales office incidental to a new residential development, not including the conduct of a general real estate business, provided that it be located within the development, and in a temporary structure or part of a dwelling. A temporary use may be Supervisor Safai BOARD OF SUPERVISORS Page 5 authorized for a period not to exceed one year (including any extensions) for the following year. __ {cl) In any M-1 or M-2 District, an Automobile Wrecking use as defined in Section 102 of this Code, provided if the operation would be a conditional use in the district in question, that the Planning Director determines the operation will meet within 90 days of commencing operation all conditions applicable to such use in that district. Tempormy WiN!less Tekcom,mmieB.tfrms Ser\Jiees (WTS) FacitWesfar aperied ofup te rme year if thefollewing reqitirements are met: (l) the Pkt.rm.int; Direewr deret·mines th61.l the Temporary WTS Feeility shall be sited and censtructed se {IS te: M) 6veid preximity te residential dwellings t6 the maxirmon e:xte:itfeasihfo; (B) ce,nply ·with the previsions r>}Artick 29 fJf the Pe lice Cede; (C) be ,'9:0 taller than needed; (D) he S"creened (o the msximum extent ./e88ibk; 8nd (E) be erected/or no tonger tluu'l reasonably requi~·ed. (2) Permits in excess ef90 days fer TeH1JJOrr1ry WTS Facilities operetedfer cemmercial purpeses shall be s1,1b:,'eet to Section 3ll 61.nd 312 of this Cede, where ctpplieable. (3) The Planning Deparhnent may refjidre, whe1ee apprepriate, notices 9,Jeng street frontages abutting the lecatien of the Tempon:u-y WTS .RacUity indicatif'lg the n£tture efthefaeility Rnd the dttrciLien ef the permit. (c) Temporarv a11th.orizatio11 for a period not to exceed five years, with exceptions as specified herei11. (I) Vehicle Triage Centers or Safe Parking Program sites. Supervisor Safai BOARD OF SUPERVISORS Page 6 .. (A) On parcels designated and authorized, as applicable, [or u e as Vehicle Triage Centers or Safe Parking Program sites. temporary long-term parking of and overnight camping in vehicles, and ancillary uses in portable. temporarv structures including administrative offices, restrooms, showering or bathing facilities, kitchen or other food preparation facilities. and eating areas. may be permitted. ubiect to compliance with all other Municipal Code reguirements. including but not limited to the Overnight Safe Parking Pilot Program. Administrative Code Chapter 119, Article l. (B) The Director mav authorize up to two extensions of this temporary u e for a maximum o(six months each. based on public health and safety considerations or delay in approval or operation o[the site as a Vehicle Triage Center or Safe Parking Program site. (ti) Temporary autliorizatio11 for a period not to exceed six years. ~Temporary Cannabis Retail Use fcw(tperiode.fup to}ourye8rs, as provided by Section 191, to be authorized no earlier than January 1, 2018 and to expire on January 1, 202-21_. This is the only type of Temporary Use allowed for the sale of cannabis or cannabis products. (I} On Assessor's Bfock 6973, Lot 039, lo,qg term p8rking ef and evernight camping in l>1ehidcs, e.nd t:rneU.'81)' u.rws in pertah,{e, temporary sl.nwt~wcs including tuiministntiive offices, restrooms, showering or bathingfacili.4.e.'i, kiteher11 or other/eedpreparationfacilitiC8 and eating arCf1.S, may be petmiUed, s'blbject to co,.,.,p/i:anee with all olher ,AJ,,.«nicip6.l Code req1;1irements, including hut no,! limil.ed to Jhe Q,,.eniight Safe Parking Pi!ot PrQ-gr8.m, Adtninistrntive Code Cli.apter l 19, Artie.le Section 3. Effective Date; Retroactivity. (a) 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 Supervisor Safai BOARD OF SUPERVISORS Page 7 ' . sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (b) Upon the effective date of this ordinance, Planning Code Section 205.2(d), as amended by this ordinance, shall be retroactive to January 1, 2022. Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Planning 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: Isl Victoria Wong VICTORIA WONG Deputy City Attorney n:\legana\as2022\2100484\01599397 .docx Supervisor Safai BOARD OF SUPERVISORS Page 8 .. I l 'f City and County of San Francisco Tails Ordinance City Hall I Dr Carlton B. Goodlett Place San Francisco, CA 941 02-4689 File Number: 220542 Date Passed: December 06, 2022 Ordinance amending the Planning Code to allow long-term parking of and overnight camping in vehicles and ancillary uses on parcels designated and authorized for use as Vehicle Triage Centers or Safe Parking Program sites, as a temporary use; extending the date for expiration of temporary cannabis retail uses to January 1, 2024; 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 14, 2022 Land Use and Transportation Committee - RECOMMENDED November 29, 2022 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton December 06, 2022 Board of Supervisors - FINALLY PASSED Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 220542 London N. Breed Mayor City and Cou11ty of San Francisco Page 1 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 12/6/2022 by the Board of Supervisors of the City and County of San Francisco. 12./lfl/22 Date Approved Printed at 12:19 pm 011 12/ 7/22