AMENDED IN COMMITTEE
FILE NO. 180320
7/16/2018
ORDINANCE NO. 196-18
[Planning Code - Catering as an Accessory Use in Neighborhood Commercial Districts]
Ordinance amending the Planning Code to allow Catering as an Accessory Use to
Limited Restaurants in Neighborhood Commercial Districts under certain conditions;
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 strikethrough italics Times NC'rv 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:
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
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 180320 and is incorporated herein by reference. The Board affirms
this determination.
(b) On June 21, 2018, the Planning Commission, in Resolution No. 20214, 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
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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. 180320, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the 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. 20214, and the Board incorporates such reasons
herein by reference.
Section 2. The Planning Code is hereby amended by revising Section,§, 204.3. 703,
803.2 and 803.3 to read as follows:
SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN C, RC,
M, AND PDR DISTRICTS.
(a) Commercial, Residential-Commercial, PDR, and M Districts. An Accessory Use
to a lawful Principal or Conditional Use is subject to the following limitations:
(1)
Floor Area Limitations. An Accessory Use cannot occupy more than
one-third of the total floor area occupied by such use, any additional accessory uses, and the
Principal or Conditional Use to which it is accessory, except in the case of accessory off-street
parking or loading.
(2)
Noise and Vibration Limitations. Any noise, vibration, or unhealthful
emissions may not extend beyond the premises of the use.
(3)
Limitations on Cannabis Retail Accessory Uses. The sale of cannabis
as an accessory use is subject to any applicable limitations or regulations imposed by the
Office of Cannabis. Cannabis Retail is not permitted as an Accessory Use unless the
Cannabis Retail establishment holds a permit from the City's Office of Cannabis specifically
permitting Cannabis Retail accessory to another activity on the same premises.
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(4)
Accessorv Catering Use to Limited Restaurants. Catering Uses that
satisfy the limitations set forth in Section 703(d)(3)(8) shall be permitted as an Accessory Use
to Limited Restaurants.
* * * *
SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS.
(a) Zoning Control Tables. Each Zoning District in Article 7 has a corresponding
Zoning Control Table that details the basic development standards and Use controls for the
respective district. Zoning Control Tables are explained in Section 202.1 of this Code.
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Permitted or Conditionally permitted uUses and Uses that are not permitted in the zoning
districts described in this Section 703 are detailed in the corresponding Zoning Control Tables.
(b) Uses in Enclosed Buildings. All permitted uses shall be conducted within an
enclosed building in Neighborhood Commercial Districts, unless otherwise specifically allowed
in this Code. Exceptions from this requirement are: uses which, when located outside of a
building, qualify as an Outdoor Activity Area or Open Air Sales, accessory off-street parking
and loading, and other uses listed below which function primarily as open-air uses, or which
may be appropriate if located on an open lot, outside a building, or within a partially enclosed
building, subject to other limitations of this Article 7 and other sections of this Code.
33A. Wireless Telecommunications Services Facility
Public and Private Parking Lots
Gas Station
Automotive Service Station
Automotive Wash
Automobile Sale or Rental
Institutional Uses (selected)
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Public Facilities (selected)
Open Recreation Area
Outdoor Recreation Area
Neighborhood and Large Scale Urban Agriculture
Utility and Infrastructure Uses (selected)
(c) Multiple Uses in One Structure. If there are two or more uses in a structure and
none is classified under Section 703(d) below as an Accessory Use, then each of these uses
will be considered separately as independent Principal, Conditional or temporary uses.
(d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1
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(Accessory Uses for Dwelling Units in Rand NC Districts), 204.4 (Dwelling Units Accessory to
Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory
Uses as defined in Section 102 shall be permitted when located on the same lot. Any use that
does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use
unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.
No Use will be considered accessory to a permitted Principal or Conditional Use that
involves or requires any of the following:
(1) The use of more than one-thirdl-IJ of the total floor area occupied by such
use and the Principal or Conditional use to which it is accessory, except in the case of
accessory off-street parking and loading and as specified in subsection (d)(3) below as
accessory wholesaling, manufacturingL or processing of foods, goods, or commodities!.
(2) Any Bar or Restaurant, or any other retail establishment which serves liquor
for consumption on-site; however, this shall not prohibit take-out food activity which operates
in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty
Grocery!.
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(3) The wholesaling, manufacturingL or processing of foods, goods, or
commodities on the premises of an establishment that does not also use or provide for retail
sale of such foods, goodsL or commodities at the same location where such wholesaling,
manufacturingL or processing takes place; except, horvever in, with the following exceptions:
{4l In the North Beach Special Use District where such activities are
limited to 15% of the total floor area occupied by the Principal or Conditional Use to which it is
accessory unless the Principal or Conditional Use is Specialty Foods Manufacturing as
defined in Section 780.3 ofthis Code-:-; and
(B) Notwithstanding the floor area limitation in subsection (d)(1 ), a A
Catering Use limited to food and beverage Catering shall be permitted as an Accessory Use to Limited
Restaurants if the following requirements are met:
(i) The Catering Use does not operate more than 75% of the total time
within the Limited Restaurant's Hours of Operation on any given day,· and
(ii) The Catering Use does not distribute or deliver individual meals to
customers directly from the sub;ect lot, either by its own means, or through a third-party delivery
service.
(4) Any retail Liquor Store.
(5) Medical Cannabis Dispensaries.
(6) Any General Entertainment or Nighttime Entertainment use, except for one
that involves a Limited Live Performance Permit as set forth in Police Code Section 1060 et
seq.
(7) Within the North Beach SUD and NCDL a Limited Restaurant.
(8) A Health Service use as an Accessory Use in the Sacramento Street
Neighborhood Commercial District requires a Conditional Use authorization on the ground
story and is permitted above the ground story pursuant to Section 724 of this Code.
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(9) Cannabis Retail that does not meet the limitations set forth in Section
204.3(a)(3) ofthis Code.
(e) Uses Not Permitted.
(1) No use, even though listed as a Permitted Use, shall be permitted in a
Neighborhood Commercial District which, by reason of its nature or manner of operation,
creates conditions that are hazardous, noxious, or offensive through the emission of odor,
fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive
noise.
(2) The establishment of a use that sells alcoholic beverages, other than beer
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and wine, concurrent with motor vehicle fuel is prohibited, and shall be governed by Section
202.2(b ),_;-with the exception thatExcept in the So Ma NCT, where these uses are permitted
Accessory Uses.
(f) Conflicting Controls. All uses, buildings,_ and features in Neighborhood
Commercial Districts shall comply with all controls set forth for the district in which they are
located. Where different controls conflict or overlap within the same District, the use, building,_
or feature shall abide by the most restrictive of all controls. For example, in an NC-2 District, a
Dwelling Unit on the second story is proposed for conversion to a Personal Service use.
Residential Conversions at the Second Story in an NC-2 District require Conditional Use
authorization under Table 711, while Personal Services at the Second Story in an NC-2
District are permitted as Principal Uses under Table 711. Following the most restrictive
control, the applicant must obtain Conditional Use authorization and all other necessary
permits in order to legally convert the Dwelling Unit to a Personal Service use.
SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS.
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A ti-Use is the specific purpose for which a property or building is used, occupied,
maintained, or leased. Whether or not a ti-Use is permitted in a specific Chinatown Mixed Use
District is set forth, summarized or cross-referenced in Sections 810.1 through 812.96 of this
Code for each district class.
* * * *
(C)
Accessory Uses. Subject to the limitations set forth below and in Sections
204.1 (Accessory Uses for Dwelling Units in R Districts) and 204.5 (Parking and Loading as
Accessory Uses) of this Code, a related minor use which is either necessary to the operation
or enjoyment of a lawful Principal Use or Conditional Use or is appropriate, incidental, and
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subordinate to any such use, shall be permitted in Chinatown Mixed Use Districts as an
Accessory Use when located on the same lot. Any Use not qualified as an Accessory Use
shall only be allowed as a Principal or Conditional Use, unless it qualifies as a temporary use
under Sections 205 through 205.2 of this Code.
No use in a Chinatown Mixed Use District will be considered accessory to a
Principal Use which involves or requires any of the following:
(i)
The use of more than one-thirdm of the total floor area occupied
by both the aAccessory ti-Use and the ~Principal ti-Use to which it is accessory, combined,
except in the case of accessory off-street parking;
(ii)
Any bBar or fRestaurant, or any other retail establishment which
serves liquor for consumption on-site;
(iii)
Any take-out food use, except for a take-out food use which
occupies 100 square feet or less (including the area devoted to food preparation and service
and excluding storage and waiting areas) in a retail grocery or specialty food store;
(iv)
The wholesaling, manufacturing or processing of foods, goods, or
commodities on the premises of an establishment which does not also provide for primarily
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retail sale of such foods, goods or commodities at the same location where such wholesaling,
manufacturing or processing takes place: however, Catering Uses that satisfy the limitations
set forth in Section 703(d)(3)(8) shall be permitted as an Accessory Use to Limited
Restaurants.
(v)
Medical Cannabis Dispensaries as defined in Section 890. 133.
(vi)
Any other entertainment use, as defined in Section 890.37, except
for one that involves a Limited Live Performance Permit as set forth in Police Code Section
1060 et seq.
(vii)
Cannabis Retail that does not meet the limitations set forth in
Section 204.3(a)(3).
No part of this subsection (C) shall prohibit take-out food activity which
operates in conjunction with a fast-food restaurant. A fast-food restaurant, by definition,
includes take-out food as an accessory and necessary part of its operation.
* * * *
SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE
DISTRICTS AND SOUTH OF MARKET MIXED USE DISTRICTS.
* * * *
(C)
Accessory Uses. Subject to the limitations set forth below and in Sections
204. 1 (Accessory Uses for Dwelling Units in Rand NC Districts), 204.2 (Accessory Uses for
Uses Other Than Dwellings in R Districts), 204.4 (Dwelling Units Accessory to Other Uses),
and 204.5 (Parking and Loading as Accessory Uses) of this Code, an accessory use is a
related minor use which is either necessary to the operation or enjoyment of a lawful Principal
Use or Conditional Use, or is appropriate, incidental, and subordinate to any such use, and
shall be permitted as an Accessory Use in an Eastern Neighborhoods Mixed Use District and
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South of Market Mixed Use District. In order to accommodate a Principal Use which is carried
out by one business in multiple locations within the same general area, such Accessory Use
need not be located in the same structure or lot as its Principal Use provided that (1) the
Accessory Use is located within 1,000 feet of the Principal Use; and (2) the multiple locations
existed on April 6, 1990. Accessory Uses to non-office uses (as defined in Section 890. 70)
may occupy space which is noncontiguous or on a different Story as the Principal Use so long
as the Accessory Use is located in the same building as the Principal Use and complies with
all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an
Accessory Use shall be classified as a Principal Use.
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No use will be considered accessory to a Principal Use which involves or
requires any of the following:
(i)
The use of more than one-third of the total Occupied Floor Area
which is occupied by both the accessory use and principal use to which it is accessory,
combined, except in the case of accessory off-street parking or loading which shall be subject
to the provisions of Sections 151, 156 and 303 of this Code;
(ii)
A hotel, motel, inn, hostel, adult entertainment, massage
establishment, large fast food restaurant, or movie theater use in a RED, RED-MX, SPD,
RSD, SLR, SU, SSO, DTR, MUG, WMUG, MUR, MUO, WMUO, SALi or UMU District;
(iii)
Any take-out food use, except for a take-out food use which
occupies 100 square feet or less (including the area devoted to food preparation and service
and excluding storage and waiting areas) in a restaurant, bar, catering establishment, bakery,
retail grocery or specialty food store.
(iv)
Any sign not conforming to the limitations of Section 607.2(f)(3).
(v)
Medical Cannabis Dispensaries as defined in 890.133.
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(vi)
Any nighttime entertainment use, as defined in Section 102;
provided, however, that a Limited Live Performance Permit as set forth in Police Code Section
1060 et seq. is allowed in any District except for an RED, RED-MX, RSD, SLR, MUR, or MUG
District.
Section 204.3(a)(3).
703(d)(3)(B).
* * * *
(vii)
Cannabis Retail that does not meet the limitations set forth in
(viii)
Catering Uses that do not meet the limitations set forth in Section
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 Board
of Supervisors overrides the Mayor's veto of the ordinance.
///
///
Supervisors Safai; Ronen
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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.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
Deputy City'Atto ney
n:\legana\as2018\1800400\01289895.docx
Supervisor Safai
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
180320
Date Passed: July 31, 2018
Ordinance amending the Planning Code to allow Catering as an Accessory Use to Limited
Restaurants under certain conditions; 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.
July 16, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
July 16, 2018 Land Use and Transportation Committee - CONTINUED AS AMENDED
July 23, 2018 Land Use and Transportation Committee - RECOMMENDED AS
COMMITIEE REPORT
July 24, 2018 Board of Supervisors - PASSED ON FIRST READING
Ayes: 9 - Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani and Yee
Excused: 2 - Fewer and Tang
July 31, 2018 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
Page 1
Printed at 12:16 pm 011811118
File No. 180320
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
7/31/2018 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 12:16 pm on 811118
