249.59

SEC. 249.59. CALLE 24 SPECIAL USE DISTRICT. (a) General. A Special Use District entitled the Calle 24 Special Use District, the boundaries of which are shown on Sectional Maps SU07 and SU08 of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purpose. The Calle 24 Special Use District is intended to preserve the prevailing neighborhood character of the Calle 24 Latino Cultural District while accommodating new uses and recognizing the contributions of the Latino community to the neighborhood and San Francisco. Realizing the purpose of the Calle 24 Special Use District will require the participation and coordination of residents, businesses, public agencies, and other community stakeholders. City agencies, including the Office of Economic and Workforce Development, will actively engage with new commercial uses to help achieve the purposes of the Calle 24 Special Use District. Such City agencies may act as resource for residents, businesses, and other community stakeholders when realizing and promoting the purposes of the Calle 24 Special Use District, including coordinating business partnerships, product offerings, and employment commitments. Specifically, the Calle 24 Special Use District is established to: (1) Preserve and enhance the unique character of the Calle 24 Special Use District and recognize Latino cultural heritage through contextual architectural design, storefront size, signage, streetscape enhancements, artwork, and other elements of the built environment; (2) Support the production or offerings of local or Latino artwork, arts activities, and crafts by retaining, developing, promoting, or offering these within the Calle 24 Special Use District; (3) Preserve the contributions of Legacy Businesses to the history and identity of the Special Use District and the Calle 24 Latino Cultural District by preserving a Legacy Business; (4) Retain, enhance and promote neighborhood serving businesses and institutions that serve a variety of households by making services and products available and accessible to residents, including immigrant and low-income and moderate-income households; (5) Retain, enhance, and promote neighborhood-serving businesses and institutions that strengthen economic opportunities for local residents by developing partnerships amongst existing and new local businesses, institutions, vendors, and micro entrepreneurs; and (6) Retain, enhance and promote neighborhood-serving businesses and institutions that enhance economic and workforce opportunities for local residents by 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 identify and address both business and community workforce needs. (c) Definitions. Whenever used in this Section 249.59, the following words and phrases shall have the definitions provided here: “Calle 24 Latino Cultural District” shall refer to that area as established by Board of Supervisors Resolution No. 201-14; “Cultural Heritage” shall refer to those elements, both tangible and intangible, that help define the beliefs, customs and practices of a particular community. Tangible elements may include land, buildings, public spaces, or artwork. Intangible elements may include organizations and institutions, businesses, and cultural activities and events. These elements are rooted in the community’s history and are important in maintaining its identity. “Legacy Business” shall refer to a business as defined under the Administrative Code Section 2A.242 and included in the Legacy Business Registry. (d) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within the Calle 24 Special Use District: (1) Eating and Drinking Establishments. In addition to other prohibitions on such uses found within this Code, a new Restaurant use, new Limited-Restaurant use, new Bar use, or the physical expansion of any such existing use shall be prohibited where the concentration of those uses exceeds, or would exceed with the proposed use or physical expansion of an existing use, 35% of the total commercial frontage as measured in linear feet within the immediate area of the subject site. For the purpose of calculating the concentration of commercial frontage, the “immediate area” shall mean all properties located within 300 feet of the subject property within the Calle 24 Special Use District and in a zoning district that is not Residential or Public Use. Any project for which a development application, as defined in Section 401, was submitted by March 31, 2017 and any change in use from an existing Limited- Restaurant use to a Restaurant use shall be exempt from the requirements of this Section 249.59(d)(1). (2) Conditional Use Authorization. The following, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303: (A) First Story Commercial Use Space Mergers. Any merger of first story commercial use space where the merger would result in first story commercial use space greater than 799 gross square feet. (B) Legacy Business. Any new non-residential use where the immediately prior use was a Legacy Business. This requirement shall not apply: (i) where 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 (ii) where the Legacy Business has removed itself or otherwise been removed from the Legacy Business Registry. (C) A First Story Health Service use. (3) Compatibility of Uses. For any commercial use that is subject to Conditional Use authorization under this Section 249.59 or any other section of the Planning Code, the Planning Commission shall make the following additional findings: (A) Any physical improvements associated with the proposed use are, on balance, in conformity with any Calle 24 Design Guidelines adopted by the Planning Commission; and (B) The use supports at least four of the purposes for establishing the Calle 24 Special District set forth in Section 249.59(b) above. (Added by Ord. 85-17, File No. 170028, App. 3/31/2017, Eff. 4/30/2017; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020) AMENDMENT HISTORY Division (d)(2)(C) amended; Ord. 202-18, Eff. 9/10/2018. Division (d)(1) amended; Ord. 63-20, Eff. 5/25/2020. SEC. 249.60. MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT. The Mission Alcoholic Beverage Special Use District (SUD) applies to the area generally bounded by Guerrero Street, San Jose Avenue, Randall Street, Mission Street, Cesar Chavez Street, Potrero Avenue and Fourteenth Street, as designated on Sectional Maps 7SU and 8SU of the Zoning Map of the City and County of San Francisco. The controls apply only within the boundaries of the SUD. There is a large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in this area. Bars and Restaurants are concentrated on the commercial corridors of Valencia Street, Mission Street, and 24th Street. Liquor Stores selling off-site liquor are distributed throughout this area. This concentration of alcoholic beverage establishments has contributed to numerous peace, health, safety and general welfare problems in the area. The SUD, which has been in effect since 1987, was established to prohibit new establishments, or expansion of existing establishments, selling alcoholic beverages within the area and prohibited the transfer of liquor licenses. This has resulted in a freezing of entitlements that have less rigorous required operating conditions than are required today. While a net increase in Liquor Stores will continue to be prohibited, the transfer of a liquor license is permissible if the operating conditions currently in effect in the City and County of San Francisco are imposed on the transferee. The area would also benefit from new Grocery Stores of any size that may incidentally sell alcoholic beverages. The following restrictions shall apply within such district: (a) Prohibition of New Liquor Stores. No new Liquor Store, shall be permitted in the SUD, except that an existing Liquor Store may relocate pursuant to subsection (c) below. (b) Allowed Alcohol-related Uses. Certain uses which are not likely to generate negative impacts on the surrounding area shall be allowed within the SUD as set forth below: (1) The following uses shall be eligible for liquor licenses transferred from within the SUD as well as licenses transferred from outside the SUD: (A) Bona Fide Eating Places. A Restaurant Use operating as a Bona Fide Eating Place shall be permitted to serve alcoholic beverages in this SUD. (B) Non-Profit Theaters. A non-profit theater shall be permitted to serve alcoholic beverages in this SUD. A "non-profit theater" shall mean a building or part of a building intended to be used for the specific purposes of presenting any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance, and which is exempted from payment of income tax under Section 23701d of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. A "non-profit theater" shall not include any dance hall, as defined in Section 1022 of the Police Code, a billiard parlor, pool hall, bowling alley, or Adult Business. (C) Bowling Alleys and Mini-Golf Courses. A bowling alley or a mini-golf course shall be permitted to serve alcoholic beverages along with any Restaurant use which is functionally and/or physically integrated with such bowling alley or mini-golf course. General Entertainment uses, excluding those uses that require a Place of Entertainment permit, shall