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AMENDED IN BOARD FILE NO. 180803 10/30/2018 ORDINANCE NO. 273-18 [Planning Code - Mission Alcoholic Beverage Special Use District and Mission Street Neighborhood Commercial Transit District] Ordinance amending the Planning Code to require Conditional Use authorization for Restaurants and prohibit new ABC License Type 75 establishmentsBrm.vpubs within a subarea of the Mission Alcoholic Beverage Special Use District; to establish limits on the number of eating and drinking establishments, require Conditional Use authorization for replacing Legacy Businesses and new Bars, prohibit mergers of commercial space resulting in greater than 1,500 gross square feet, require ground- floor non-residential tenant space for large projects, and expand Philanthropic Service 1 O and Light Manufacturing uses in the Mission Street Neighborhood Commercial Transit District; and 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 Ne·w Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. 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 Supervisor Ronen BOARD OF SUPERVISORS Page 1 Supervisors in File No. 180803 and is incorporated herein by reference. The Board affirms this determination. (b) On October 19, 2018, the Planning Commission, in Resolution No. 20316, 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 the Board of Supervisors in File No. 180803, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the 1 O reasons set forth in Planning Commission Resolution No. 20316, and the Board incorporates such reasons herein by reference. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 180803, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by revising Section 249.60, to read as follows: SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT. * * * * (f) Restaurants and establishments with ABC License Type 75Brmvpubs. The following provisions shall apply to all parcels located east of the western boundary oft he Mission Street Neighborhood Commercial Transit District (including parcels fronting 14th Street and east of Mission Street) and north of Cesar Chavez Street: {J) Any proposed Restaurant use, as defined in Planning Code Section 102, must obtain Conditional Use authorization from the Planning Commission pursuant to Planning Code Section 303. Supervisor Ronen BOARD OF SUPERVISORS Page (2) New establishments with ABC License Type 75 Brevv'pubs are prohibited. Existing Brewpubs with ABC License Type 75 establishments located within the SUD may relocate, subject to the underlying zoning district, within the SUD. Section 3. The Planning Code is hereby amended by revising Section 754, to read as follows: SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. (a) Background. The Mission Street Neighborhood Commercial Transit District is located near the center of San Francisco in the Mission District. It lies along Mission Street between 15th and Cesar Chavez (Army) Stree~, and includes adjacent portions of 17th Street, 21st Street, 22nd Street, and Cesar Chavez Street. The commercial area of this District 14 , provides a selection of goods serving the day-to-day needs of the residents of the Mission District. Additionally, this District serves a wider trade area with its specialized retail outlets. Eating and drinking establishments contribute to the street'sDistrict's mixed-use character and activity in the evening hours. (b) Purpose. The purposes ofthe Mission Street Neighborhood Commercial Transit District include: (1) To preserve and enhance the existing storefront configuration and size, signage, artwork, and other character-defining elements of the built environment,· (2) To preserve the contributions of Legacy Businesses to the history and identity of the District,· Supervisor Ronen BOARD OF SUPERVISORS Page (3) To retain, enhance, and promote active community involvement and input on development within the District bv conducting thorough outreach to stakeholders and neighborhood groups and responding to community input,' and (4) To retain, enhance, and promote neighborhood-serving businesses and institutions that enhance economic and workforce opportunities for local residents bv coordinating with the Office of Economic and Workforce Development to engage with the City's workforce system to provide employment opportunities, career trainings, and formal partnerships to identifj; and address both business and community workforce needs. (c) Controls. (1) General Controls. The District is extremely well-served by transit, including regional-serving BART stations at 16th Street and 24th Street, major buses running along Mission Street, and both cross-town and local-serving buses intersecting Mission Street along the length of this district. Given the area's central location and accessibility to the City's transit network, accessory parking for residential uses is not required. Any new parking is required to be set back or be below ground. This District has a mixed pattern of larger and smaller lots and businesses, as well as a sizable number of upper-story residential units. Controls are designed to permit moderate- scale buildings and uses, protecting rear yards above the ground story and at residential levels. New neighborhood-serving commercial development is encouraged mainly at the ground story. Ground story uses are required to include active commercial uses with storefronts facing the street. While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. Continuous retail frontage is promoted by requiring ground floor commercial uses in new developments and prohibiting curb cuts. Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by Supervisor Ronen BOARD OF SUPERVISORS Page the size of the lot but by requirements to supply a high percentage of larger units and by physical envelope controls. Existing residential units are protected by prohibitions on upper- story conversions and limitations on demolitions, mergers, and subdivisions. Accessory Dwelling Units are permitted within the Ddistrict pursuant to subsection 207(c)(4) of this Code. (2) Commercial Mergers. The consolidation or merger of existing ground floor commercial spaces that would result in greater than 1,500 gross square feet of consolidated or merged space shall be prohibited, except for Legacy Businesses, Arts Activities Uses, and Institutional Community Uses. The prohibition shall not apply to projects that submitted a development application. as defined in Section 401. to the Planning Department prior to July 31, 2018. (3) First Story Non-Residential Tenant Space for Large Projects. Projects larger than 10, 000 gross square feet shall be required to provide space for a non-residential tenant on the first story with immediate access to the street frontage. The non-residential tenant space shall not exceed 1, 5 00 gross square feet. (4) Replacement of a Legacy Business Requires Conditional Use Authorization. Where an immediately prior use was a Legacy Business, as defined under Administrative Code Section 2A.242, the controls require any new Non-Residential Use to obtain Conditional Use authorization,' provided however, that this requirement shall not apply where: (A) the subject non-residential space has had no occupant and has not been open to the public for three or more years from the date the application for the new use is filed, or (B) where the Legacy Business has removed itself or has been otherwise removed from the Legacy Business Registry. (5) For any use subject to Conditional Use authorization under this Section 754, the Planning Commission shall find that the use supports at least three oft he four purposes of the District as set forth in subsection (b) above. Supervisor Ronen BOARD OF SUPERVISORS Page Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st 2nd 3rd+ * * * * Industrial Use Category Industrial Uses_: §§ 102, 202.2(d) NP NP NP Light Manu[acturing ~~ 102, 890. 54 P(5) f_ f_ * * * * Institutional Use Category * * * * Philanthropic Admin. § 102 NP NP N-FP(6) Services * * * * Sales and Service Use Category * * * * Bar §§ 102, 202.2(a) /2C(7) F-C(7) NP * * * * * * * * * * * * * * * * * * * Supervisor Ronen BOARD OF SUPERVISORS * Page Restaurant §§ 102, 202.2(at /2C(7) NP NP 249. 60(f)_(J 2 Restaurant, Limited §§ 102, 202.2(a) P.(Zl NP NP * * * * (5 2 Light Manufacturing is not permitted in first-story spaces that front Mission Street. (62 Philanthropic Administrative Services shall not exceed 2,500 gross square feet per use. (72 The total number of eating and drinking uses (Restaurants, Limited Restaurants, and Bars2 within the District shall not exceed 167. A new Restaurant, Limited Restaurant, or Bar shall not be permitted ifit would result in a net total of more than 167 eating and drinking uses in the District. Accessory Limited Restaurants are not subject to and do not count toward the 167 cap on eating and drinking uses. Section 4. Two years after the effective date of this ordinance, the Office of Economic and Workforce Development, in consultation with the Planning Department, shall evaluate economic conditions and the functionality of the Mission Alcoholic Beverage Special Use District and Mission Street Neighborhood Commercial Transit District. No less than five years and no more than six years from the effective date of this ordinance, the Office of Economic and Workforce Development, in consultation with the Planning Department, shall again evaluate economic conditions and the functionality of the Mission Alcoholic Beverage Special Use District and Mission Street Neighborhood Commercial Transit District and shall make a report to the Board of Supervisors on each district's effectiveness in serving the purposes of the applicable district and the Mission District as a whole, which report may include recommended amendments to the Planning Code provisions regarding those districts. Supervisor Ronen BOARD OF SUPERVISORS Page 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, 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 1 O 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: / =R~O~B~B~W~.~KA,..,.---PL-A~~~~~ Deputy City Attorney n:\legana\as2018\ 1800495\01313448.docx Supervisor Ronen BOARD OF SUPERVISORS Page 8 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180803 Date Passed: November 13, 2018 Ordinance amending the Planning Code to require Conditional Use Authorization for Restaurants and prohibit new ABC License Type-75 establishments within a subarea of the Mission Alcoholic Beverage Special Use District; to establish limits on the number of eating and drinking establishments, require Conditional Use Authorization for replacing Legacy Businesses and new bars, prohibit mergers of commercial space resulting in greater than 1,500 gross square feet, require ground-floor non-residential tenant space for large projects, and expand Philanthropic Service and Light Manufacturing uses in the Mission Street Neighborhood Commercial Transit District; 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 22, 2018 Land Use and Transportation Cornmittee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 22, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED October 30, 2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee October 30, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee November 13, 2018 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Pagel Printed at 12:21 pm on 11114118 File No. 180803 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 11 /13/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 12:21 pm on 11114118