AMENDED IN COMMITTEE
FILE NO. 190108
2/4/2019
ORDINANCE NO. 48-19
[Planning Code - Conversion of Medical Cannabis Dispensary Uses to Cannabis Retail Uses]
Ordinance amending Section 191 of the Planning Code to allo'I.: Medical Cannabis
Dispensaries (MCDs) 'Nith approvals from the Planning Department for a Medical
Uses from otherwise applicable Conditional Use Authorization requirements; allowing
Equity Program or Equity Incubator Applicants who have MCD applications pending at
the Planning Department to apply to convert to Cannabis Retail Uses; exempting such
Cannabis Retail Uses from the minimum radius requirements betv.:een those
establishments and existing Cannabis Retailers and Medical Cannabis Retailersdeem a
Grandfathered Medical Cannabis Dispensary (MCD) that receives a permit to operate a
an MCD from the Department of Public Health before December 31, 2019, a Temporary
Cannabis Sales Use and extending the expiration date of Section 191 to January 1,
2021; 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 public
necessity, convenience, and welfare findings 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 }lm~· 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:
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Section 1.
(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. 181061 and is incorporated herein by reference. The Board affirms
this determination.
(b) On November 15, 2018, the Planning Commission, in Resolution No. 20340,
adopted findings that the actions contemplated in this ordinance are consistent, on balance,
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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. 181061, 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
reasons set forth in Planning Commission Resolution No. 20340, and the Board incorporates
such reasons herein by reference.
Section 2. Article 1.7 of the Planning Code is hereby amended by revising Section
400191, to read as follows:
SEC. 190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS
RETAIL ESTABLISHMENTS.
(a) Conversion of MCDs with Planning Commission Approval to Cannabis
Retail Uses.
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(1) An establishment may convert from the prior authorized Use at the property
to a Cannabis Retail Use by obtaining a building permit authorizing the change of Use, if the
establishment (to be termed a "Grandfathered MCD") satisfies one of the following three
criteria:
(A) holds a valid final permit from the Department of Public Health to
operate as a Medical Cannabis Dispensary, pursuant to Section 3307 of the Health Code, as
of January 5, 2018;
(B) holds an approval for a Medical Cannabis Dispensary Use from the
Planning Department as of January 5, 2018; or
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(C) submitted a complete application for a permit from the Department
Public Health to operate as a Medical Cannabis Dispensary by July 20, 2017, and receives a
final permit.
(2) A Grandfathered MCD converting to a Cannabis Retail Use pursuant to this
Section 190 is not subject to:
(A) a Conditional Use Authorization requirement for Cannabis Retail
Uses in the zoning district in which it is located; or
(B) the locational restrictions for Cannabis Retail set forth in subsection
202.2(a).
(3) A Grandfathered MCD is subject to all other Planning Code requirements,
including but not limited to the neighborhood notification requirement of Section 312.
(b) Establishment of Cannabis Retail Uses at Sites with MCD Applications
Pending Before the Planning Commission.
(1) For the purposes of this subsection (b), a Pending MCD Applicant is an
applicant that submitted a complete application to the Department of Public Health to operate
a Medical Cannabis Dispensary by July 20, 2017, but that did not receive a permit or
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authorization from the Planning Department to operate such Use as of January 5, 2018, and
that qualifies as either an Equity Applicant or an Equity Incubator pursuant to Section 1604 of
the Police Code.
(2) A Pending MCD Applicant may establish a Cannabis Retail Use at the
property where the application to operate a Medical Cannabis Dispensary was proposed by
obtaining building permit authorization for the change of use.
(3) Except as specified in this subsection (b), a Pending MCD Applicant that
obtains a change of use permit for a Cannabis Retail Use is subject to all Planning Code
requirements, including but not limited to the neighborhood notification requirement set forth
Section 312 and Conditional Use Authorization if required for a Cannabis Retail Use by the
zoning district in which the property is located.
(4) A Pending MCD Applicant is not subject to the minimum radius requirement
between Cannabis Retailers or between a Cannabis Retailer and a Medicinal Cannabis
Retailer, as set forth in subsection 202.2(a), but is subject to all other locational requirements
for Cannabis Retail set forth in subsection 202.2(a).
(c) All other applications for a change of use from a Medical Cannabis Dispensary Use
to a Cannabis Retail Use shall be subject to the zoning controls for the district in which the
Medical Cannabis Dispensary is located.
( d) This Section 190 shall expire by operation of law on January 1, 2021. Upon its
expiration, the City Attorney shall cause this Section 190 to be removed from the Planning
Code.
SEC. 191. AUTHORIZATION OF TEMPORARY CANNABIS SALES USES.
(a) A Grandfathered MCD, as defined in Section 190, that receives a permit to operate
as a Medical Cannabis Dispensary from the Department of Public Health before January
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-1-December 31, 2019 shall be deemed a Temporary Cannabis Sales Use, as defined in
Section 205.2. Upon expiration of the Temporary Cannabis Sales Use authorization, the land
use authorization for the parcel will revert to the original authorization to operate as a Medical
Cannabis Dispensary Use, unless the Planning Department or Planning Commission has
issued a permanent authorization for a Cannabis Retail Use.
(b) This Section 191 shall expire by operation of law on January 1, 20201. Upon its
expiration, the City Attorney shall cause this Section 191 to be removed from the Planning
Code.
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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
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.
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Section 5. This Board File No. 190108 is a duplicated file. The original ordinance is in
Board File No. 181061. The ordinance in Board File No. 181061 was approved by the Board
on Januarv 29. 2019. The amendments made in that ordinance are shown in this ordinance
as part of the existing Code.
n:\legana\as2018\1900068\01334840.docx
City Administrator
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City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
190108
Date Passed: March 05, 2019
Ordinance amending Section 191 of the Planning Code to deem a Grandfathered Medical Cannabis
Dispensary (MCD) that receives a permit to operate as an MCD from the Department of Public
Health before December 31, 2019, a Temporary Cannabis Sales Use and extending the expiration
date of Section 191 to January 1, 2021; 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 public necessity, convenience,
and welfare findings under Planning Code, Section 302.
January 29, 2019 Board of Supervisors - REFERRED
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
February 04, 2019 Land Use and Transportation Committee -AMENDED, AN
AMENDMENT OF THE WHOLE BEARING NEW TITLE
February 04, 2019 Land Use and Transportation Committee - CONTINUED AS AMENDED
February 11, 2019 Land Use and Transportation Committee - RECOMMENDED
February 26, 2019 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
March 05, 2019 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 10 - Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton
and Yee
Absent: 1 - Haney
Pagel
Printed at 1:19 pm on 316119
File No. 190108
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
3/5/2019 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 1: 19 pm 011 316119
