Planning Code - Divisadero Street Neighborhood Commercial Transit District
Ord. No. 0117-24
in effectFILE NO. 240263
AMENDED IN COMMITTEE
6/3/24
ORDINANCE NO. 117-24
[Planning Code - Divisadero Street Neighborhood Commercial Transit District]
Ordinance amending the Planning Code to permit liquor stores in the buildings located
on Assessor's Block. 1215 Lots 018-089•:.•ith off street parking accessed on Broderick
Street within the Divisadero Street Neighborhood Commercial Transit District; affirming
the Planning Department's determination under the California Environmental Quality
Act; and making public necessity, convenience, and welfare findings under Planning
Code, Section 302, and findings of consistency with the General Plan and the eight
priority policies of Planning Code, Section 101.1.
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 itttlics Times New Reman fc-mt.
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. Land Use and Environmental Findings.
(a) The Planning Department has determined that the action 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. 240263 and is incorporated herein by reference. The Board affirms
this determination.
(b) On May 23, 2024, the Planning Commission, in Resolution No. 21567, adopted
findings that the action 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
Supervisor Preston
BOARD OF SUPERVISORS
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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. 240263, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this 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. 21567, and the Board adopts such reasons as its
own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 240263 and is incorporated herein by reference.
Section 2. General Findings.
(a) Section 759 of the Planning Code contains controls for the Divisadero Street
Neighborhood Commercial Transit District ("Divisadero NCT"). When the district was initially
established as the Divisadero Street Neighborhood Commercial District in 2014 by Ordinance
No. 227-14 (originally codified in Section 746 of the Planning Code), the district incorporated
the controls in Section 783, the Divisadero Street Alcohol Restricted Use District ("RUD"), and
then deleted Section 783. The RUD was established in 2004 by Ordinance No. 41-04 and
contained strict limitations on alcohol establishments within the district, including a prohibition
on new liquor stores.
(b) On October 2, 2003, the Planning Commission, in Resolution No. 16672, adopted
findings and made recommendations regarding the RUD. The Planning Commission's
recommendations included that the mixed-use development at Fell Street and Broderick
Street be exempt from the RUD controls. A copy of said resolution is on file with the Clerk of
the Board of Supervisors in File No. 031151 and is incorporated herein by reference.
(c) The mixed-use development at Fell Street and Broderick Street is located on the
westernmost extension of the Divisadero NCT, the only place where the district borders
Broderick Street. It does not contain any frontage along or direct pedestrian access from
Supervisor Preston
BOARD OF SUPERVISORS
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Divisadero Street. The mixed-use development is also the only development within the
Divisadero NCT that has dedicated off-street parking and pedestrian access from Broderick
Street.
(d) As indicated by the Planning Commission's recommendation 20 years ago to
exempt the mixed-use development at Fell Street and Broderick Street from the controls on
liquor stores in the RUD, the Board of Supervisors finds that allowing new liquor stores at the
buildings within the development will not result in pedestrian or vehicle obstruction along the
Divisadero Street corridor.
(e) The Board of Supervisors further finds that changing economic conditions within
the Divisadero NCT, including recovery from the COVID-19 pandemic and the growth of
online retail sales and financing applications replacing traditional brick-and-mortar storefronts,
warrant relaxing the prohibition of liquor stores at this location.
Section 3. Article 7 of the Planning Code is hereby amended by revising Section 759,
to read as follows:
SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT.
* * * *
Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT
ZONING CONTROL TABLE
Divisadero St. NCT
Zoning Category
§ References
Controls
Controls by Story
1st I 2nd I 3rd+
Supervisor Preston
BOARD OF SUPERVISORS
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* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Sales and Service Use Category
* * * *
Liquor Store
I§ 102
I NP(5) I NP
I NP
* * * *
* * * *
(5) (a) Limmr Storm. am P for thn huilrlinns lor.atnrl within thn mixnrl 11sn
development served by off street parking accessed on Broderick Street bet'.veen Fell Street
anrl Oak Stroot Othnn.visn __ Liquor Stores are not permitted within the Divisadero Street
NCIG, except Liquor Stores are P for the buildings located on Assessor's Block 1215 Lots
018-089. Liquor Store uses which become inactive for more than 180 days may not be
reestablished. A lawfully existing Liquor Store may relocate within the district with Conditional
Use authorization;
* * * *
Section 4. 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 5. 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
Supervisor Preston
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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:
DAVID CHIU, City Attorney
By:
Isl Robb Kapla
ROBB KAPLA
Deputy City Attorney
n:\legana\as2024\2400263\01762057 .docx
Supervisor Preston
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:
240263
Date Passed: June 11, 2024
Ordinance amending the Planning Code to permit liquor stores in the buildings located on Assessor's
Block, 1215 Lots 018-089 within the Divisadero Street Neighborhood Commercial Transit District;
affirming the Planning Department's determination under the California Environmental Quality Act; and
making public necessity, convenience, and welfare findings under Planning Code, Section 302, and
findings of consistency with the General Plan and the eight priority policies of Planning Code, Section
101.1.
.
June 03, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
June 03, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
June 04, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
June 11, 2024 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Stefani and Walton
Excused: 1 - Safai
Pagel
Printed at 1:41 pm on 6/12124
.
File No. 240263
~
London N. Breed
Mayor
Llty and County of San Francisco
Page2
J
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
6/11/2024 by the Board of Supervisors of the
City and County of San Francisco.
II\ . ., _,
"
~~\I~
Angela Calvillo
Clerk of the Board
t,[2'/ ,4
Date Approved
Printed at 1:41 pm on 6/12/14
References
amendsSec. 759
amendsSec. 760
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0117-24.pdfFetched: 7/4/2026