FILE NO. 231225
AMENDED IN COMMITTEE
3/18/2024
ORDINANCE NO. 070-24
[Planning Code - Tobacco Paraphernalia Establishments in North of Market SUD and Lower
Polk Street NCO]
Ordinance amending the Planning Code to requireprohibit in the North of Market
Special Use District (SUD) and Lower Polk Street Neighborhood Commercial District
(NCDlthat Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is
sold, delivered, distributed, furnished, or marketed obtain conditional use
authorization, and to establish that after 18 months180 days of non-use a legal non-
conforming Tobacco Paraphernalia Establishment in the SUD or NCO will be deemed
abandoned, preventing its restoration except as a new Tobacco Paraphernalia
Establishment; and 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.
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 st-rikcfhf'OHgh ilctlics Times l'kw Remenfont.
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
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BOARD OF SUPERVISORS
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Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 231225 and is incorporated herein by reference. The Board affirms
this determination.
(b) On February 8, 2024, the Planning Commission, in Resolution No. 21508, 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. 231225, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21508, 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. 231225.
Section 2. Articles 1± afl€f. 2, and 7 of the Planning Code are hereby amended by
revising Sections 102,209.3, 210.2, 249.5, and 744, to read as follows:
SEC. 102. DEFINITIONS.
* * * *
Tobacco Paraphernalia Establishment. A Retail Sales and Service Use where more
than 10% of the square footage of Occupied Floor Area, as defined in Section 102, or more
than 10 linear feet of display area projected to the floor, whichever is less, is dedicated to the
sale, distribution, delivery, furnishing, or marketing of Tobacco Paraphernalia from one person
to another. For purposes of Sections 249.5, 719,. am:1-723, and 744 of this Code, however,
Tobacco Paraphernalia Establishments shall mean retail uses where any Tobacco
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Paraphernalia is sold, distributed, delivered, furnished, or marketed from one person to
another. "Tobacco Paraphernalia" means paraphernalia, devices, or instruments that are
designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing into
the body of tobacco, products prepared from tobacco, or controlled substances as defined in
California Health and Safety Code Sections 11054, et seq. "Tobacco Paraphernalia" does not
include lighters, matches, cigarette holders, any device used to store or preserve tobacco,
tobacco, cigarettes, cigarette papers, cigars, or any other preparation of tobacco that is
permitted by existing law. Cannabis Retail Uses as defined in Section 102, Temporary
Cannabis Retail Uses as defined in Section 205.2, and Medical Cannabis Dispensary Uses as
defined in Section 102 are not Tobacco Paraphernalia Establishments.
* * * *
SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS.
* * * *
Table 209.3
ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS
Zoning Category
II § References
II
RC-3
II
RC-4
* * * *
'NON-RESIDENTIAL STANDARDS AND USES
* * * *
Sales and Service Category
* * * *
Tobacco Paraphernalia
Ste-,,:eEstablishment
* * * *
* * * *
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BOARD OF SUPERVISORS
§ 102
C (6)
CQJ.(6)
Page 3
(2) {]Vote Deleted}TOBACCO PARAPHERNALIA ESTABLISHMENTS IN THE NORTH OF
MARKET RESIDENTIAL SPECIAL USE DISTRICT -A special definition of "Tobacco Paraphernalia
Establishments" set forth in Section 102 applies to parcels in the North of Market Residential Special
Use District (Sec. 249.5). Tobacco Paraphernalia Establishments are not permitted in the North
of Market Residential Special Use District. Additionally, a legal non-conforming Tobacco
Paraphernalia Establishment in the North of Market Residential Special Use District is deemed
abandoned afier 18 months 180 days of non-use.
* * * *
(6) NP above the second floor.
* * * *
SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL.
* * * *
Table 210.2
ZONING CONTROL TABLE FOR C-3 DISTRICTS
Zoning Category
§ References
C-3-0
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Sales and Service Category
* * * *
Tobacco Paraphernalia
St&eEstablishment
* * * *
* * * *
Supervisors Preston; Peskin
BOARD OF SUPERVISORS
§ 102
C
C-3-0(SD)
C-3-R
C
C
C-3-G
C-3-S
C{lJl
C
Page 4
{jJJJ. C on the 2nd floor and above, except that a Massage Establishment located on the
2nd floor or above accessory to a Hotel, Personal Service or Health Service is P.
(11) TOBACCO PARAPHERNALIA ESTABLISHMENTS IN THE NORTH OF MARKET
RESIDENTIAL SPECIAL USE DISTRICT -A special definition of "Tobacco Paraphernalia
Establishments" set forth in Section 102 applies to parcels in the North of Market Residential Special
Use District (Sec. 249.5). Tobacco Paraphernalia Establishments are not permitted in the North
of Market Residential Special Use District. Additionally, a legal non-conforming Tobacco
Paraphernalia Establishment in the North of Market Residential Special Use District is deemed
abandoned afier 18 months 180 days of non-use.
SEC. 249.5. NORTH OF MARKET RESIDENTIAL SPECIAL USE DISTRICT.
* * * *
(e) Fringe Financial Services. In addition to all other applicable controls set forth in
this Code, properties in the North of Market Residential Special Use District are within the
Fringe Financial Service Restricted Use District established by Section 249.35 and are subject
to the controls and exemptions set forth in Section 249.35.
(f) Tobacco Paraphernalia Establishments. A special definition of "Tobacco Paraphernalia
Establishments" applicable to the North of Market Residential Special Use District is set forth in
Section 102. Zoning controls for Tobacco Paraphernalia Establishments are set forth in other
Sections of this Code.Tobacco Paraphernalia Establishments are not permitted in the North of
Market Residential Special Use District. In the North of Market Residential Special Use District, a
legal non-conforming Tobacco Paraphernalia Establishment shall be deemed abandoned afier
18 months 180 days of non use.
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SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING
CONTROL TABLE
* * * *
Zoning Category
Ii§ References
Controls
* * * *
I NON-RESIDENTIAL USES
Controls by Story
I 1st
2nd
3rd+
* * * *
Sales and Service Use Category
* * * *
Tobacco Paraphernalia Establishment
§ 102
GNP(6)
NP!fil
NP!fil
* * * *
* * * *
(5) P where existing use is any Automotive Use.
(6) TOBACCO PARAPHERNALIA ESTABLISHMENTS - Tobacco Paraghernalia
Establishments are not germitted in the Lower Polk Street Neighborhood Commercial District
and within one-guarter mile of the boundaries of that Neighborhood Commercial District. A
sgecial definition of "Tobacco Paraghernalia Establishments" set forth in Section 102 agglies
to garcels in the Lower Polk Street Neighborhood Commercial District. Additionally, a legal
non-conforming Tobacco Paraghernalia Establishment in the Lower Polk Street Neighborhood
Commercial District is deemed abandoned after 180 days of non-use.
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
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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. The number "10" in Footnote 10 of Table 210.2 of the
Planning Code has been reproduced with font indicating an addition to the Code, to correct a
prior numbering error.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
/s/ HEATHER GOODMAN
HEATHER GOODMAN
Deputy City Attorney
n:\legana\as2023\2400155\017 44209.docx
Supervisors Preston; Peskin
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94 I 02-4689
File Number:
231225
Date Passed: April 02, 2024
Ordinance amending the Planning Code to prohibit in the North of Market Special Use District (SUD)
and Lower Polk Street Neighborhood Commercial District (NCO) Tobacco Paraphernalia
Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or
marketed, and to establish that after 180 days of non-use a legal non-conforming Tobacco
Paraphernalia Establishment in the SUD or NCO will be deemed abandoned, preventing its restoration;
and 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.
March 18, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
March 18, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED
March 25, 2024 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
March 26, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Ronen, Safai,
Stefani and Walton
Absent: 1 - Melgar
April 02, 2024 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
Page I
Printed at 9: 13 am on 413124
File No. 231225
London N. Breed
Mayor
City a11d Cou11ty of Sa11 Fra11cisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
4/2/2024 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Pri11ted at 9: 13 am 0114/3/24
