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FILE NO. 180861 ORDINANCE NO. 263-18 [Planning Code - Fire-Damaged Liquor Stores in North Beach Neighborhood Commercial District] Ordinance amending the Planning Code to provide that temporary closure of a liquor store in the North Beach Neighborhood Commercial District (NCO) as a result of a fire is not an abandonment of such use, and that relocation of such use to another location in the North Beach NCO does not require a new Conditional Use permit; 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times iVe11· 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. (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. 180861 and is incorporated herein by reference. The Board affirms this determination. (b) On October 4, 2018, the Planning Commission, in Resolution No. 20300, adopted findings that the actions contemplated in this ordinance are consistent, on balance, Supervisor Peskin BOARD OF SUPERVISORS Page 1 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 the Board of Supervisors in File No. 180861, and is incorporated herein by reference. (c) On October 4, 2018, the Planning Commission, in Resolution No. 20300, approved this ordinance, recommended it for adoption by the Board of Supervisors, and adopted findings that it will serve the public necessity, convenience, and welfare. Pursuant to Planning Code Section 302, 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. 180861, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by revising Section 722, to read as follows: SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category I § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a), 202.3 P(10) P(10) NP Uses* Supervisor Peskin BOARD OF SUPERVISORS Page 2 * * * * Liquor Store * * * * * Not listed below * * * * §102 C(W NP NP (12) Temporary closures of up to three years of existing liquor stores located in the North Beach Neighborhood Commercial District, for reconstruction or repair after a fire, shall not be considered an abandonment ofsuch use pursuant to Section 178 of this Code, unless the original liquor store elects to relocate somewhere else permanently, Temporary relocation ofliquor stores in the North Beach Neighborhood Commercial District that have been closed as a result ofa fire to another location in the North Beach Neighborhood Commercial District shall not require a new Conditional Use Permit for the duration of up to three years ofinterim relocation. Section 3. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Ill Ill Ill Ill Ill Ill Ill Supervisor Peskin BOARD OF SUPERVISORS Page 3 Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal 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 I \ ::S \ By: ANDREA R\UIZ=E&QUIDE~~ I *· . Deput~pitt 1Attomey n:\legana\as2018\ 1900054\01301787 .docx Supervisor Peskin BOARD OF SUPERVISORS Page4 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180861 Date Passed: October 23, 2018 Ordinance amending the Planning Code to provide that temporary closure of a liquor store in the . North Beach Neighborhood Commercial District (NCO) as a result of a fire is not an abandonment of such use, and that relocation of such use to another location in the North Beach NCO does not require a new Conditional Use permit; 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. October 15, 2018 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT October 16, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee October 23, 2018 Board of Supervisors - FINALLY PASSED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee · File No. 180861 London N. Breed Mayor City and County of San Francisco I hereby certify that the foregoing Ordinance was FINALLY PASSED on 10/23/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12:42 pm on 10124118