AMENDED IN COMMITTEE
FILE NO. 170466
4/24/2017
ORDINANCE NO. 100-17
[Planning Code - Noriega. Irving. Taraval. and Judah NCDs: Conditional Use Authorization for
Bars. Liquor Stores. Personal Services. and Medical Cannabis Dispensaries Article 7
Reorganization; Technical and Other Amendments]
Ordinance amending the Planning Code to require in the Noriega. Irving. Taraval. and
Judah Neighborhood Commercial Districts a Conditional Use authorization for Bars.
Liquor Stores. and Medical Cannabis Dispensaries on the first story and for Personal
Services on the second storv: reorganize Article 7 and to update, correct, clarify, and
simplify Code language in other Planning Code Sections; requiring Conditional Use
authorization for Bars, and Liquor Stores on the first floor in the Noriega, Irving,
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Taraval, and Judah Neighborhood Commercial Districts; enacting permanent controls
requiring Conditional Use authorization for Medical Cannabis Dispensaries in the
Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts; require
Conditional Use authorization for Personal Services on the second floor in the Noriega,
Irving, Taraval, and Judah Neighborhood Commercial Districts; prohibit Kennels, Large
Scale Urban Agriculture, Business Hours from 2 a.m. to 6 a.m., and the demolition or
merger of units on the second story and above in the North Beach Neighborhood
Commercial District; preserve the small storefronts, street frontage and prohibit
vehicular access on certain streets within the North Beach NCO and SUD; create the
definition of Special Food Manufacturing and amending the Eating and Drinking
Controls for the North Beach SUD; affirming the Planning Department's determination
under the California Environmental Quality Act; and making findings of consistency
with the General Plan, and the eight priority policies of Planning Code, Section 101.1,
and findings of public convenience, necessity, and welfare under Planning Code,
Section 302.
Supervisor Tang
BOARD OF SUPERVISORS
Page 1
fl
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 striketlirough itelics Times NeH' Romen 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. Findings.
(a)
The Planning Department has determined that the actions contemplated in this
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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. 170466 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On February 2, 2017, the Planning Commission, in Resolution No. 19847,
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 [OR, this determination] as its own. A copy of said Resolution
[OR determination] is on file with the Clerk of the Board of Supervisors in File No. 170466,
and is incorporated herein by reference.
Section 2. The Planning Code is hereby amended by revising Sections 739, 740, 741,
and 7 42, to read as follows:
SEC. 739. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Supervisor Tang
BOARD OF SUPERVISORS
Page 2
Table 739. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
* * * *
COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES
****
I **** I ****
I ****
No.
Zoning Category
§References
Noriega Street
Controls by Story
§ 790.118
1st
2nd
3rd+
Retail Sales and Services
Other Retail Sales
739.40
and Services
§ 790.102
p
p
[Not Listed Below]
739.41
Bar
§ 790.22
P-C
****
****
****
****
****
****
739.45
Liquor Store
§ 790.55
P-C
****
****
****
****
****
****
739.52
Personal Service
§ 790.116
p
P-C
****
****
****
****
****
****
Institutions and Non-Retail Sales and Services
****
****
****
****
****
****
739.84
Medical Cannabis
§ 790.141
P-C#
Dispensary
****
****
****
****
****
****
SEC. 740. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Supervisor Tang
BOARD OF SUPERVISORS
Page 3
Table 740. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
* * * *
COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES
****
I **** I ****
I****
No.
Zoning Category
§References
Irving Street
Controls by Story
§790.118
1st
2nd
3rd+
Retail Sales and Services
Other Retail Sales
740.40
and Services
§ 790.102
p
p
[Not Listed Below]
740.41
Bar
§ 790.22
PC
****
****
****
****
****
****
740.45
Liquor Store
§ 790.55
PC
****
****
****
****
****
****
740.52
Personal Service
§790.116
p
PC
****
****
****
****
****
****
Institutions and Non-Retail Sales and Services
****
****
****
****
****
****
740.84
Medical Cannabis
§ 790.141
PC#
Dispensary
****
****
****
****
****
****
SEC. 741. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Supervisor Tang
11 BOARD OF SUPERVISORS
Page4
Table 741. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES
****
I**** I ****
I ****
No.
Zoning Category
§References
Taraval Street
Controls by Story
§ 790.118
1st
2nd
3rd+
Retail Sales and Services
Other Retail Sales
741.40
and Services
§790.102
p
p
[Not Listed Below]
741.41
Bar
§ 790.22
P.C
****
****
****
****
****
****
741.45
Liquor Store
§ 790.55
P.C
****
****
****
****
****
****
741.52
Personal Service
§ 790.116
p
P.C
****
****
****
****
****
****
Institutions and Non-Retail Sales and Services
****
****
****
****
****
****
741.84
Medical Cannabis
§ 790.141
p. C#
Dispensary
****
****
****
****
****
****
SEC. 742. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Supervisor Tang
BOARD OF SUPERVISORS
Page 5
Table 742. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
* * * *
COMMERCIAL AND INSTITUTIONAL STANDARDS AND USES
****
I **** I ****
I ****
No.
Zoning Category
§References
Judah Street
Controls by Story
§ 790.118
1st
2nd
3rd+
Retail Sales and Services
Other Retail Sales
742.40
and Services
§ 790.102
p
p
[Not Listed Below]
742.41
Bar
§ 790.22
PC
****
****
****
****
****
****
742.45
Liquor Store
§ 790.55
PC
****
****
****
****
****
****
742.52
Personal Service
§ 790.116
p
PC
****
****
****
****
****
****
Institutions and Non-Retail Sales and Services
****
****
****
****
****
****
742.84
Medical Cannabis
§ 790.141
PC#
Dispensary
****
****
****
****
****
****
Section 3. At its meeting of April 24. 2017. the Land Use and Transportation
Committee of the Board of Supervisors duplicated the ordinance in File No. 170203. and
amended the duplicate file to make the changes to the Noriega. Irving. Taraval. and Judah
Neighborhood Commercial Districts as set forth in Section 2 of this ordinance. The remaining
Supervisor Tang
BOARD OF SUPERVISORS
Page 6
Sections of the Planning Code that the ordinance in File No. 170203 proposes to amend have
been removed from this duplicated ordinance.
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
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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:
:~NNlt:;ERA, Ci~ Attorney
DITH A. BOYAJI
eputy City Attorney
n:\legana\as2017\1600365\01187695.docx
Supervisor Tang
BOARD OF SUPERVISORS
Page 7
City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
170466
Date Passed: May 09, 2017
Ordinance amending the Planning Code to require in the Noriega, Irving, Taraval, and Judah
Neighborhood Commercial Districts a Conditional Use authorization for Bars, Liquor Stores, and
Medical Cannabis Dispensaries on the first story and for Personal Services on the second story;
affirming the Planning Department's determination under the California Environmental Quality Act;
and making findings of consistency with the General Plan, and the eight priority policies of Planning
Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning
Code, Section 302.
April 24, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
April 24, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
May 02, 2017 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy and
Tang
Excused: 1 - Yee
May 09, 2017 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
File No. 170466
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
5/9/2017 by the Board of Supervisors of the
City and County of San Francisco.
S \ \ 0 1 ( 7-D I 't
Date Approved
City and County of San Francisco
Page 15
Printed at 2:15 pm on 5110117