o0285-18

FILE NO. 180806 AMENDED IN BOARD 11/13/2018 ORDINANCE NO. 285-18 [Planning Code- Temporary Pop-Up Retail, Flexible Retail, and Arts Activities Uses] Ordinance amending the Planning Code to create new Use allowing flexible, multi-use retail; permitting Temporary Pop-Up Retail uses in commercial spaces; permitting Flexible Retail in certain Neighborhood Commercial Districts; permitting Arts Activities in certain Neighborhood Commercial Districts; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare 1 0 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 1'le1v Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. (a) In February 2018, the Office of Economic and Workforce Development published a report entitled "State of the Retail Sector: Challenges and Opportunities for San Francisco's Neighborhood Commercial Districts" ("Report"). Prepared by Strategic Economics, the Report analyzed the national restructuring of the retail, restaurant, and personal services industries; identified factors required to support successful San Francisco retail districts; catalogued opportunities, costs, and challenges for retail, restaurant, and Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 1 personal services businesses in San Francisco; and documented adaptations that businesses are making in response to changing conditions. (b) The Report's key findings include: • Between the first and third quarters of 2017, chain retailers nationwide announced 3,044 store openings, and 6,752 store closings. While overall retail sales were in decline, retail sales growth was concentrated in several categories, including: food and beverage stores; e-commerce; building materials and home furnishings; and health and personal care stores. Food services sales also experienced growth. • Consistent with national trends, after many years of growth, San Francisco's retail sector appears to be slowing. Growth in retail employment and sales tax revenues slowed between 2015 and 2016, and vacancy rates in some neighborhood commercial districts are increasing. Retail business owners also reported seeing increased competition with online sales for a rapidly expanding range of products. • While retail demand is slowing, there is a national trend towards increased consumer spending on dining, services, and other ways to engage retail customers. There is a corresponding increased demand in storefront space for restaurant, entertainment, and personal services in San Francisco neighborhoods. Restaurants and personal services are a key component of the experience provided by neighborhood shopping districts, drawing foot traffic to other businesses and providing spaces to linger and gather as a community. Continued growth in these activities could mitigate some of the effects on vacancy rates caused by local contraction in the retail industry. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 2 (c) • Based on increased consumer demand for experiences and increased competition from online sales, many retailers are developing new strategies to attract customers, including: expanding opportunities for customers to interact with products before making a purchase; integrating eating, drinking, and wellness into traditional retail stores; and offering community-building activities such as classes, workshops, readings, lectures, or concerts. Incorporating multiple uses or creatively co-locating other uses may help retail businesses diversify their revenue streams. • Land use and permitting requirements can present challenges to new businesses in San Francisco. New businesses must often invest significant time and money into completing the permitting and construction processes. These costs frequently place business owners in substantial debt, jeopardizing the viability of their enterprises before they are even able to open their doors and can dissuade aspiring entrepreneurs from opening their own businesses. • Existing land use and permitting requirements may make it challenging for businesses to incorporate food, drink, events, and other elements that create attractive experiences for customers. Existing land use and permitting requirements also limit a business' ability to incorporate multiple uses, or co- locate multiple businesses, within a single storefront. More flexibility within land use controls would support small businesses by enabling them to creatively experiment with integrating food, beverage, retail and professional services uses within the same space. The creation of flexible, multi-use space could enable small-scale entrepreneurs to launch brick-and-mortar operations, on a temporary or permanent basis, within larger storefronts. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 3 (d) The purpose of this ordinance is to reduce storefront vacancies, support a diverse mix of businesses, enable retail businesses to engage in creative strategies to attract customers and diversify revenues, and otherwise support healthy and vibrant commercial corridors in San Francisco. Section 2. 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 1 0 Supervisors in File No. 180806 and is incorporated herein by reference. The Board affirms this determination. (b) On October 18, 2018, the Planning Commission, in Resolution No. 20318, 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 1 01.1. 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. 180806, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20318, and the Board incorporates such reasons herein by reference. Section 3. The Planning Code is hereby amended by revising Section 102 to read as follows, with the definition of "Flexible Retail" placed after the definition of "Family" and before the definition of "Floor Area, Gross": SEC. 102. DEFINITIONS. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page * * * * Arts Activities. A Retail Entertainment, Arts and Recreation Use that includes performance, exhibition (except exhibition of films), rehearsal, production, post-production,_ and some schools of any of the following: Ddance,,:_ music,,:_ dramatic art,,:_ film,,:_ video,,:_ graphic art,,:_ painting,,:_ drawing,,:_ sculpture,,:_ small-scale glassworks,,:_ ceramics,,:_ textiles,,:_ woodworking,,:_ photography,,:_ custom-made jewelry or apparel,,:_ and other visual, performance,_ and sound arts and craft. It shall exclude accredited Schools and Post=Secondary Educational Institutions. It shall include commercial arts and art-related business service uses including, but not limited to,,:. recording and editing services,,:_ small-scale film and video developing and printing; titling; video and film libraries; special effects production; fashion and photo stylists; production, sale,_ and rental of theatrical wardrobes; and studio property production and rental companies. Arts spaces shall include studios, workshops, archives,_ and theaters, and other similar spaces customarily used principally for arts activities, exclusive of a Movie Theater, General Entertainment Amusement Enterprise, Adult Business Entertainment, and any other establishment where liquor is customarily served during performances. * * * * Flexible Retail. A Retail Sales and Service Use in Neighborhood Commercial Districts, subject to the requirements o[Sections 179.2 and 202.9, that combines a minimum o[two o[the following distinct Uses within a space that may be operated by one or more business operators: (1) Arts Activities; (2) Restaurant, Limited,· {3) Retail Sales and Services, General; (4) Service, Personal; (5) Service, Retail Professional; and Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 5 (6) Trade Shop. * * * * Restaurant, Limited. A Retail Sales and Service Use that serves ready-to-eat foods and/or drinks to customers for consumption on or off the premises, that may or may not have seating. It may include wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises as an Accessory Use as set forth in Sections 204.3 or 703.2 depending on the zoning district in which it is located. It includes, but is not limited to, foods provided by sandwich shops, coffee houses, pizzerias, ice cream shops, bakeries, delicatessens, and confectioneries meeting the above characteristics, but is distinct from a Specialty Grocery, Restaurant, and Bar. Within the North Beach SUD, it is also distinct from Specialty Food Manufacturing, as defined in Section 780.3(b). It shall not provide on-site beer and/or wine sales for consumption on the premises, but may sellprovide offsite beer and/or wine S£f1es for consumption off the premises with a California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine), i[all areas devoted to the display and sale o[alcoholic beverages occupy less than 15% of the Occupied Floor Area of the establishment (including all areas devoted to the display and sale ofalcoholic beverages). Such businesses shall operate with the specified conditions in Section 202.2(a)(1 ). * * * * Retail Sales and Service, General. A Retail Sales and Service Use that provides goods and/or services to the general public and that is not listed as a separate Retail Sales and Service Use in this Section ofthe Codel02. This use includes, but is not limited to the sale or provision of the following goods and services: (a) Personal items such as tobacco and magazines; Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 6 (b) Self-service laundromats and dry cleaning, where no portion of a building occupied by such use shall have any opening other than fixed windows and exits required by law within 50 feet of any R District; (c) Household goods and service (including paint, fixtures,_ and hardware, but excluding other building materials); (d) (e) (f) (g) (h) (i) Variety merchandise, pet supply stores,_ and pet grooming services; Florists and plant stores; Apparel and accessories; Antiques, art galleries, art supplies,_ and framing service; Home furnishings, furniture,_ and appliances,: Books, stationery, greeting cards, office supplies, copying service, music,_ and sporting goods; and Toys, gifts, and photographic goods and services. * * * * Service, Personal. A Retail Sales and Services Use that provides grooming services to the individual, including salons, cosmetic services, tattoo parlors, and health spas, bathhouses, and steam rooms. Personal Service does not include Massage Establishments or Gym, which are defined separately in this Section 102. * * * * Service, Retail Professional. A Retail Sales and Service Use that provides to the general public, general business, or professional services including, but not limited to, management, clerical, accounting, legal, consulting, insurance, real estate brokerage, and travel services. It may provide services to the business community, provided that it also provides services to the Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 7 general public. Otherwise, it shall be considered a Non-Retail Professional Service Use as defined in this Section o.fthe Planning Codel02. This use does not include research service of an industrial or scientific nature in a commercial or medical laboratory, other than routine medical testing and analysis by a health- care professional or hospital. * * * * Trade Shop. A Retail Sales and Service Use that provides custom-crafted goods and/or services for sale directly to the consumer, reserving some storefront space for display and retail service, subject to the conditions in Section 202.2. A trade shop includes, but is not limited to: (a) Repair of personal apparel, accessories, household goods, appliances, and similar items, but excluding repair of motor vehicles and structures; (b) (c) (d) Upholstery services; Carpentry; Printing of a minor processing nature, including multi-copy and blueprinting services and printing of pamphlets, brochures, resumes, and small reports, but excluding printing of books, magazines, or newspapers; (e) (f) Tailoring; and Other artisan craft uses, including fine arts uses. Arts Activities and Light Manufacturing shall be considered distinct from Trade Shops. * * * * Section 4. The Planning Code is hereby amended by adding Section 179.2, and Section 202.9 to read as follows: Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page SEC. 179.2. FLEXIBLE RETAIL USES. (a) Applicability. This Section shall applv to Flexible Retail Uses as defined in Section 102. Abandonment. A Flexible Retail Use must operate with at least two uses at any given time. A Flexible Retail Use that operates only one Use for a period o[90 days or more shall be deemed abandoned, and no new Flexible Retail Use shall be restored without the issuance of a new building permit. However, based on a good faith showing that the operator has diligently attempted to locate and establish a second permitted Use within the Flexible Retail Use, the Zoning Administrator may grant a 90 days extension. Ifsuch extension passes without a second permitted Use established within the Flexible Retail Use, then the Flexible Retail Use shall be deemed abandoned. SEC. 202.9. FLEXIBLE RETAIL USES. (a) Applicability. This Section shall apply to Flexible Retail Uses as defined in Section 102. Flexible Retail shall be permitted in neighborhood commercial districts in the following Flexible Retail Zones: {J) Zone 1: shall comprise all oft hat portion oft he City and County commencing at the point o[the intersection o[the shoreline o[the Pacific Ocean and the eastern boundary o[Lincoln Park, and proceeding southerly along the eastern boundary of Lincoln Park to California Street, and proceeding easterly along California Street to 26th Avenue, and proceeding northerly along 26th Avenue to Lake Street, and proceeding easterly along Lake Street to Arguello Boulevard, and proceeding southerly along Arguello Boulevard to Euclid Avenue, and proceeding easterly along Euclid Avenue to Bush Street, and proceeding easterly along Bush Street to Gough Street, and proceeding southerly along Gough Street to Geary Boulevard, and proceeding easterly along Geary Boulevard to Van Ness Avenue, and proceeding southerly along Van Ness Avenue to Oak Street, and proceeding westerly along Oak Street to Buchanan Street, and proceeding southerly along Buchanan Street to Hermann Street, and proceeding westerly along Hermann Street to Steiner Street, and Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page proceeding northerly along Steiner Street to Waller Street, and proceeding ·westerly along Waller Street to Buena Vista Avenue East, and proceeding westerly along Buena Vista Avenue East to Haight Street, and proceeding westerly along Haight Street to Buena Vista Avenue West, and proceeding southerly along Buena Vista Avenue West to Frederick Street, and proceeding westerly along Frederick Street to Ashbury Street, and proceeding southerly along Ash bury Street to Clayton Street, and proceeding southerly along Clayton Street to Twin Peaks Boulevard, and proceeding southerly along Twin Peaks Boulevard to Clarendon Avenue, and proceeding westerly along Clarendon Avenue to Stanyan Street, and proceeding northerly along Stanyan Street to Belgrave Avenue, and proceeding westerly along Belgrave Avenue to a westerly extension of Belgrave Avenue, and proceeding southerly 1 0 and westerly to the intersection o[said line and Johnstone Drive, and proceeding westerly along Johnstone Drive to Medical Center Way, and proceeding northerly along Medical Center Way to Parnassus Avenue, and proceeding westerly along Parnassus Avenue to 4th Avenue, and proceeding southerly along the southern extension of 4th Avenue to Kirkham Street, and proceeding westerly along Kirkham Street to 9th Avenue, and proceeding northerly along 9th Avenue to Judah Street, and proceeding westerly along the southern edge o[Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along the northern edge o[Sloat Boulevard, and following a straight-line extension o[Sloat Boulevard to the shoreline o[the Pacific Ocean proceeding northerly along said shoreline to the point of commencement. (2) Zone 2: shall comprise all o[that portion o[the City and County commencing at the point o[the intersection o[Junipero Serra Boulevard and Brotherhood Way, and proceeding northerly along the eastern edge o[Junipero Serra Boulevard to Garfield Street, and proceeding easterly along Garfield Street to Grafton Avenue, and continuing easterly along Grafton Avenue to Mount Vernon Avenue, and proceeding easterly along Mount Vernon Avenue to Howth Street, and proceeding northerly along Howth Street to Geneva Avenue, and proceeding easterly along Geneva Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 10 Tingley Street, and proceeding southerly along said line to Tingley Street, and proceeding southerly along Tingley Street to Alemany Boulevard, and proceeding easterly along Ale many Boulevard to Congdon Street, and proceeding southerly along Congdon Street to Silver Avenue, and proceeding easterly along Silver Avenue to Madison Street, and proceeding southerly along Madison Street to Burrows Street, and proceeding westerly along Burrows Street to Prague Street, and proceeding southerly along Prague Street to Persia Avenue, and proceeding easterly along Persia Avenue to Mansell Street, and continuing easterly along Mansell Street to San Bruno Avenue, and proceeding northerly and easterly along San Bruno Avenue along San Bruno Avenue to Ware Street, and proceeding easterly along Ware Street to Bayshore Boulevard, and proceeding northerly along Bayshore Boulevard to a straight line extension tram Bayshore Boulevard to San Bruno Avenue, and proceeding northerly along San Bruno Avenue to 23rd Street, and proceeding easterly along 23rd Street to Vermont Street, and proceeding northerly along Vermont Street to 16th Street, and proceeding easterly along 16th Street to a straight-line extension tram 16th Street, and proceeding easterly along said extension to the shoreline to the San Francisco Bay, and proceeding southerly along shoreline to the San Francisco/San Mateo county border, and proceeding westerly along the San Francisco/San Mateo county border to Saint Charles Avenue, and proceeding northerly along Saint Charles Avenue to Interstate 280, and proceeding northeasterly along Interstate 280 to a northerly straight-line extension to Orizaba Avenue, and proceeding northerly along said line to Alemany Boulevard, and proceeding westerly along Ale many Boulevard to Brotherhood Way, and proceeding westerly along Brotherhood Way to the point o[commencement. (b) Requirements. (1) Underlying Uses incorporated into Flexible Retail. Flexible Retail, as defined in Section I 02, incorporates two or more specific uses. Each such use must be Principally Permitted in the underlying zoning district. If a use requires a Conditional Use Authorization in the underlying Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 11 zoning district, then a Conditional Use Authorization must be obtained before such use may be permitted as part o[a Flexible Retail Use. {2) Minimum o(two Uses. A Flexible Retail Use must operate with at least two Uses at any given time. Section 5. Article 2 of the Planning Code is hereby amended by revising Section 205.1 to read as follows: SEC. 205.1. TEMPORARY USES: SIXTY-DAY LIMIT. A temporary use may be authorized for a period not to exceed 60 days for any of the 1 0 following uses: (a) Neighborhood carnival, exhibition, celebration or festival sponsored by an organized group of residents in the vicinity or, in Neighborhood Commercial, Mixed Use, PDR, C, or M Districts, sponsored by property owners or businesses in the vicinity; (b) Booth for charitable, patriotic or welfare purposes; (c) Open air sale of agriculturally produced seasonal decorations, including, but not necessarily limited to, Christmas trees and Halloween pumpkins:-,:_ (d) Pop-Up Retail, which is a temporary Retail Use permitted within a space occupied by a legally established Commercial Use. ![the Pop-Up Retail use is in a Residential District then the temporary Pop-Up Retail use may not serve alcohol or have hours of operation past 10:00 pm, and such use shall not be permitted within six months o[the date a prior Pop-Up Retail use began its occupancy o[the same commercial space. Section 6. The Planning Code is hereby amended by revising Sections 710, 711, 712, 713,714,715, 716, 717, 718,719, 720,721,722,723,724,725,726, 728,729,730,731, Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 12 732,733,750,751,752,753,754,755,756,757,758,759,760,761,762, 763,and764,to read as follows: SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 Recreation Uses* Arts Activities § 102 **** Retail Sales and Service Uses* § 1 02 * * * * Cannabis Retail §§ 102, 202.2(a) Flexible Retail * * * * * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP NP NP NP(7) NP(~~) NP(~~) P(2) NP NP NP(6) NP(6) NP Page 13 (6) C in Supervisorial District 4the area comprising all ofthat portion ofthe City and County commencing at the point o{the intersection o[the shoreline ofthe Pacific Ocean and a straight- line extension of Lincoln Way, and proceeding easterly along Lincoln Way to 17th Avenue, and proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and following a straight-line extension o{Sloat Boulevard to the shoreline ofthe Pacific Ocean and proceeding northerly along said line to the point of commencement. (7) P in Super,;isorial District 4 the geographic area described as Flexible Retail Zones in Section 202.9. (8) C in the geographic area described as Flexible Retail Zones in Section 202.9. SEC. 711. NC-2- SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 Recreation Uses* Arts Activities § 102 * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP NP NP NP(810) NP(911) NP(911.) Page * * * * Cannabis Retail Flexible Retail **** **** §§ 102, 202.2(a) c c NP NP(10) (8) P in Supervisorial District 4the area comprising all ofthat portion ofthe City and County commencing at the point ofthe intersection o[the shoreline ofthe Pacific Ocean and a straight- line extension of Lincoln Wav, and proceeding easterly along Lincoln Way to 17th Avenue, and 1 0 proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and following a straight-line extension o[Sloat Boulevard to the shoreline o[the Pacific Ocean and proceeding northerly along said line to the point of commencement. (9) C in Supervisorial District 4the area comprising all ofthat portion ofthe City and County commencing at the point ofthe intersection o[the shoreline o[the Pacific Ocean and a straight- line extension of Lincoln Way, and proceeding easterly along Lincoln Way to 17th Avenue, and proceeding southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to 19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and proceeding westerly along Sloat Boulevard, and follo-vving a straight-line extension o{Sloat Boulevard to the shoreline o[the Pacific Ocean and proceeding northerly along said line to the point of commencement. (1 0) Pin the geographic area described as Flexible Retail Zones in Section 202.9. (11) C in the geographic area described as Flexible Retail Zones in Section 202.9. * * * * SEC. 712. NC-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 1 **** Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE **** Entertainment, Arts and § 102 NP NP NP Recreation Uses* Amusement Game Arcade § 102 c NP NP Arts Activities NP(JO) NP{IO) * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * (9) Pin the geographic area described as Flexible Retail Zones in Section 202.9. (I 0) C in the geographic area described as Flexible Retail Zones in Section 202. 9. * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 16 * * * * SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE **** Entertainment, Arts and § 102 NP NP NP Recreation Uses* Amusement Game Arcade § 102 c NP NP Arts Activities * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail NP (6) * * * * * * * * (6) Pin the geographic area described as Flexible Retail Zones in Section 202. 9. (7) C in the geographic area described as Flexible Retail Zones in Section 202. 9. * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 1 SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * **** Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 1 Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail § 102 NP NP NP * * * * * * * * SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** Entertainment, Arts and § 102 Recreation Uses* Arts Activities * * * * * * * * Cannabis Retail §§ 102, 202.2(a) Flexible Retail * * * * * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP NP NP p c c NP Page 19 **** SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Table 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL **** Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. **** Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 Recreation Uses* Arts Activities * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP NP NP Page 21 * * * * Cannabis Retail Flexible Retail * * * * **** §§ 102, 202.2(a) § 102 c c NP p NP NP SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT. **** 1 0 Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** Entertainment, Arts and Recreation Uses* Arts Activities * * * * * * * * Cannabis Retail Flexible Retail * * * * § 102 § 102 §§ 102, 202.2(a) Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP p c NP NP p p c NP Page * * * * SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. **** Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 NP NP NP Recreation Uses* Amusement Game Arcade § 102 p p p Arts Activities § 102 f_ c c * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail § 102 f_ NP NP * * * * * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. **** Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail I~· 102 NP NP INP * * * * * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) Flexible Retail Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS c c NP Page * * * * * * * * SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. **** Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. **** **** Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page * * * * Cannabis Retail Flexible Retail **** §§ 102, 202.2(a) c c NP SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. **** Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail Flexible Retail * * * * * * * * §§ 102, 202.2(a) c c NP SEC. 728. 24TH STREET- NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page * * * * Table 728. 24TH STREET- NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS c c NP Page I Flexible Retail * * * * **** I §102 SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT. **** Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Entertainment, Arts and Recreation Uses* Arts Activities * * * * Cannabis Retail Flexible Retail * * * * * * * * § 102 NP §§ 102, 202.2(a) c NP NP c NP SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 28 * * * * Table 731 NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities § 102 p c c * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * * Table 732 IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 29 i Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities § 102 p c c * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 733 TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 Recreation Uses* Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP NP NP Page 30 Arts Activities § 102 c c * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail § 102 p NP NP * * * * * * * * SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 734 JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Entertainment, Arts and § 102 Recreation Uses* Arts Activities § 102 * * * * * * * * Cannabis Retail §§ 102, 202.2(a) Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS NP p c NP NP c c c NP Page 31 I Flexible Retail * * * * * * * * I §102 SEC. 750. NCT -1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT. **** Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT -1 ZONING CONTROL TABLE **** Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities * * * * **** Cannabis Retail §§ 102, 202.2(a) NP NP NP Flexible Retail * * * * * * * * (7) P in the geographic area described as Flexible Retail Zones in Section 202. 9. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 32 * * * * * * * * (8) C in the geographic area described as Flexible Retail Zones in Section 202.9. SEC. 751. NCT -2 -SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Table 751. SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT -2 ZONING CONTROL TABLE **** Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities **** * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * (5) Pin the geographic area described as Flexible Retail Zones in Section 202.9. (6) C in the geographic area described as Flexible Retail Zones in Section 202.9. Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 33 * * * * **** SEC. 752. NCT-3- MODERATE-SCALE NEIGHBORHOOD COMMERCIAl TRANSIT DISTRICT. Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 ZONING CONTROL TABLE **** Entertainment, Arts and § 102 NP NP NP Recreation Uses* Arts Activities **** * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * (5) Pin the geographic area described as Flexible Retail Zones in Section 202.9. (6) C in the geographic area described as Flexible Retail Zones in Section 202.9. * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 34 **** **** **** SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail **** SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. **** Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 35 * * * * Cannabis Retail Flexible Retail * * * * **** §§ 102, 202.2(a) c c NP SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. **** Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. **** Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 36 Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail Flexible Retail **** **** §§ 102, 202.2(a) c c NP SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. **** Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE **** Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 37 Cannabis Retail Flexible Retail * * * * **** §§ 102, 202.2(a) c § 102 NP SEC. 758. REGIONAL COMMERCIAL DISTRICT. **** c NP NP NP Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE **** Cannabis Retail Flexible Retail * * * * * * * * §§ 102, 202.2(a) c c NP SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 38 Entertainment, Arts and § 102 NP NP NP Recreation Uses* Amusement Game Arcade § 102 c NP NP Arts Activities * * * * * * * * Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. **** **** Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 39 Entertainment, Arts and § 102 NP NP NP Recreation Uses* Amusement Game Arcade Arts Activities * * * * § 102 c NP NP p **** Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. **** **** Table 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 40 Entertainment, Arts and Recreation Uses* Arts Activities **** * * * * Cannabis Retail Flexible Retail * * * * **** § 102 NP NP NP §§ 102, 202.2(a) c c NP SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE **** * * * * Cannabis Retail §§ 102, 202.2(a) Flexible Retail Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS c c NP Page 41 * * * * * * * * **** SEC. 763. 24TH STREET- MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Table 763. 24TH STREET- MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * **** Cannabis Retail §§ 102, 202.2(a) c c NP Flexible Retail * * * * * * * * * * * * **** SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 42 * * * * Cannabis Retail Flexible Retail §§ 102, 202.2(a) c c NP **** **** Section 7. 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/ Section 8. 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 Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 43 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: o/""'~"j ! AUSTIN M."YANG Deputy City Attorney n:\legana\as2018\1800718\01315233.docx Supervisors Tang; Safai, Fewer, Brown, and Cohen BOARD OF SUPERVISORS Page 44 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180806 Date Passed: November 27, 2018 Ordinance amending the Planning Code to create new Use allowing flexible, multi-use retail; permitting Temporary Pop-Up Retail uses in commercial spaces; permitting Flexible Retail in certain Neighborhood Commercial Districts; permitting Arts Activities in certain Neighborhood Commercial Districts; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. November 05, 2018 Land Use and Transportation Committee- RECOMMENDED November 13, 2018 Board of Supervisors- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee November 13, 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 27, 2018 Board of Supervisors- FINALLY PASSED City and Coun(l' of San Francisco Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Page I Printed at 11:47 am onll/28/18 File No. 180806 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 11/27/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:47 am on 11128/18