o0312-18

FILE NO. 181031 ORDINANCE NO. 312-18 [Planning Code- Permit Review Procedures for Uses in Neighborhood Commercial Districts] Ordinance amending the Planning Code to make permanent the pilot program removing neighborhood notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in the areas generally bounded by Supervisorial Districts 4 and 11; 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, 1 0 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 strikethro·ugh italics Times }lerF 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 21 000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 181031 and is incorporated herein by reference. The Board of Supervisors affirms this determination. Supervisors Tang; Safai BOARD OF SUPERVISORS Page 1 (b) On November 29, 2018, the Planning Commission, in Resolution No. 20347, 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 of Supervisors 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. 181031, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20347, and the Board of Supervisors incorporates such reasons herein by reference. Section 2. Article 3 of the Planning Code is hereby amended by revising Section 311, to read as follows: SEC. 311. PERMIT REVIEW PROCEDURES * * * * (b) Applicability. Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition, and/or new construction, and/or alteration of residential buildings; and including the removal of an authorized or unauthorized residential unit, in RH, RM, and RTO Districts shall be subject to the notification and review procedures required by this Section 311. In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary Uses, regardless of zoning district, shall be subject to the review procedures required by this Section 311. Notwithstanding the foregoing or an Supervisors Tang; Safai BOARD OF SUPERVISORS Page 2 other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311. (1) Change of Use. For the purposes of this Section 311, a change of use is defined as follows: (A) Residential, NC,_ and NCT Districts. For all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition of, any of the following land uses as defined in Section 1 02 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. (i) Exception ]'lC Districts in Super.:isorial Districts 4 and 11. Notwithstanding subsection 311 (b )(1 )(A), in the geographic areas identified in subsection 311 (Q){J ){A)(ii2for }llC Districts in Supervisorial Districts 4 and 11, building permit applications for a change of use to the following uses shall be excepted from the provisions of subsections 311 (d) and 311 (e): Bar'-General Entertainment'-Limited Restaurant'-Liquor Store'-Massage Establishment'-Nighttime Entertainment'-Outdoor Activity AreaL-Private Community Facility,_ Public Community Facility'-Restaurant. and Tobacco Paraphernalia Establishment (ii) Subsection 311 (Q)(l )(A)(i) shall apply to Neighborhood Commercial Districts in the (allowing geographic areas: Supervisors Tang; Safai BOARD OF SUPERVISORS Page 3 Area I: shall comprise all o(that portion oft he City and County commencing at the point oft he intersection o(the shoreline o(the Pacific Ocean and a straight-line extension o[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 [allowing a straight-line extension o[Sloat Boulevard to the shoreline ofthe Pacific Ocean and proceeding northerly along said line to the point of commencement. Area 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 1 0 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 Avenue to Interstate 280, and proceeding northerly along Interstate 280 to the straight-line extension of Tingley Street, and proceeding southerly along said line to Tingley Street, and proceeding southerly along Tingley Street to Ale many Boulevard, and proceeding easterly along Alemany 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 westerly along Persia Avenue to Athens Street, and proceeding southerly along Athens Street to Geneva Avenue, and proceeding easterly along Geneva Avenue to the intersection of Geneva Avenue and Carter Street, and proceeding westerly along the southeastern boundary o[Census Tract 0263.02, Block 3005 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 Supervisors Tang; Safai BOARD OF SUPERVISORS Page4 northeasterly along Interstate 280 to a northerly straight-line extension to Orizaba Avenue, and proceeding northerly along said line to Ale many Boulevard, and proceeding westerly along Ale many Boulevard to Brotherhood Way, and proceeding westerly along Brotherhood Way to the point of commencement. _Sunset. Unless reenacted, subsections 311 (b) (1) (A) (i) (ii) shall expire by operation of law 2 4 months after the effective date ofthe ordinance in Boardit'f:le }lo. 180482. Upon its expiration, the City Attomey is authorized to take steps to remove subsections 311 (b)(l)~4)(i) (ii)ftom the Planning Code. * * * * 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. 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 .~/ / By: ~/"-x· AUSTIN M. YANG / ) Deputy City Attorney, // n :\legana \as20 18\1900194\01313624. dotx·~/ Supervisors Tang; Safai BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 181031 Date Passed: December 11, 2018 Ordinance amending the Planning Code to make permanent the pilot program removing neighborhood notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in the areas generally bounded by Supervisorial Districts 4 and 11; 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. December 03, 2018 Land Use and Transportation Committee- RECOMMENDED AS COMMITTEE REPORT December 04. 2018 Board of Supervisors- PASSED ON FIRST READING Ayes: 10- Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Excused: 1 - Fewer December 11, 2018 Board of Supervisors- FINALLY PASSED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee File No. 181031 London N. Breed Mayor City and County of San Francisco Page22 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/11/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:54 am on12/12/18