1 1
FILE NO. 231221
AMENDED IN COMMITTEE
3/25/2024
ORDINANCE NO. 085-24
[Planning Code - Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses]
Ordinance amending the Planning Code to 1) allow Nighttime Entertainment Uses as
principally permitted on the ground floor and conditionally permitted on the second
floor in the Polk Street Neighborhood Commercial District (NCD); 2) modify
requirements for limited commercial uses within one-quarter mile of the North Beach
Special Use District (SUD); 3) conditionally permit Retail Professional Services Uses on
the ground floor in the North Beach NCD, subject to existing limitations; 4) allow
limited commercial uses (LCUs) in Residential, House (RH) and Residential, Mixed (RM)
Districts with specified limitations; 5) require operating hours to end at 10 p.m. for
LCUs and limited corner commercial uses (LCCUs) in RH and RM Districts; 6) establish
that LCCUs are limited to those uses allowed in the nearest an NCD or SUD within one-
quarter mile of the use. or the NC-1 District. as specified; GZJ prohibit outdoor activity
areas not at the front of the building in RH and RM Districts and limit such outdoor
activity areas in other residential districts; 7§) establish that LCCUs in Residential
Transit Oriented (RTO) Districts must be located on corner lots and specify lot depth
requirements; and 3~) make minor corrections to code text; 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 strikethrough it8:lics Times ]'tkw Ron1Emfent.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 1
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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. 231221 and is incorporated herein by reference. The Board affirms
this determination.
(b) On
February 22, 2024, the Planning Commission, in Resolution No.
21520, 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. 231221, 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. ========~2~1~5~2~0, 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. 231221.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 2
Section 2. Articles 1.7, 2, 3, 7, and 8 of the Planning Code are hereby amended by
revising Sections 186, 202.2, 209.1, 209.2, 209.4, 231, 303.1, 722, 723, and 781.9, to read as
follows:
SEC. 186. EXEMPTION OF LIMITED COMMERCIAL AND INDUSTRIAL
NONCONFORMING USES IN RH, RM, RTO, AND RED DISTRICTS.
* * * *
(a) Exemption from Termination Provisions. The following nonconforming uses in
R Districts shall be exempt from the termination provisions of Section 185, provided such
uses comply with all the conditions specified in subsection (b) below:
(1) Any nonconforming use at any Story in an RTO, RH, or RM District which is
located more than one-quarter of one mile from any of the Restricted Use Subdistricts
specified in subsection (a)(3) below, and which complies with the use limitations specified for
the First Story and below of an NC-1 District, as set forth in Section 710 of this Code.
(2) Any nonconforming use in an RTO, RH, or RM District which is located
within one-quarter of one mile from any of the Restricted Use Subdistricts specified in
subsection (a)(3) below and which complies with the most restrictive use limitations specified
for the First Story and below of:
(A) an NC-1 District, as set forth in Section 710 of this Code; or
(B) Any of the specified Restricted Use Subdistricts specified in
subsection (a)(3) below.
(3) Subsections (a)(1) and (a)(2) above apply to the following Restricted Use
Subdistricts: the Geary Boulevard Formula Retail Pet Supply Store and Formula Retail Eating
and Drinking Subdistrict set forth in Section 781.4 of this Code; the North Beach Financial
Service, Limited Financial Service, and Business or Professional Service Subdistrict set forth
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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in Section 781.6 of this Code; the North Beach Special Use District set forth in Section 780.3
of this Code; and the Third Street Formula Retail Restricted Use District set forth in Section
786 of this Code.
* * * *
(b) Conditions on Limited Nonconforming Uses. The limited nonconforming uses
described above shall meet the following conditions:
(1) The building shall be maintained in a sound and attractive condition,
consistent with the general appearance of the neighborhood;
(2) Any signs on the property shall be made to comply with the requirements of
Section 606(c) of this Code for Limited Commercial uses;
(3) The hours during which the use is open to the public shall be limited to the
period between 6:00 a.m. and 10:00 p.m., however, in RED, RTO, and RTO-M Districts only,
the Planning Commission may extend the hours of operation to 12:00 a.m. through
Conditional Use authorization, as outlined in Section 303 of this Code;
(4) Public sidewalk space may be occupied in connection with the use provided
that it is occupied only with tables and chairs as permitted by this Municipal Code;
(5) Truck loading shall be limited in such a way as to avoid undue interference
with sidewalks, or with crosswalks, bus stops, hydrants, and other public features;
(6) Noise, odors, and other nuisance factors shall be adequately controlled;
(7) An Outdoor Activity Area is principally permitted if it is located at the front of
the building. An Outdoor Activity Area that is not at the front of the building is principally
permitted in RTO and RTO-M Districts only if it complies with the operating restrictions in
Section 202.2(a)(7) and shall not be permitted in RH or RM Districts; and
(~+) All other applicable provisions of this Code shall be complied with.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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(c) Formula Retail Uses. All uses meeting the definition of "formula retail" use per
Section 303.1 shall not be permitted except by conditional use authorization under the
procedures of Section 303 of this Code for RED and RTO Districts and shall not be permitted
in RH and RM Districts.
* * * *
SEC. 202.2. LOCATION AND OPERA TING CONDITIONS.
(a) Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be
subject to the corresponding conditions:
* * * *
(7) Outdoor Activity Area. An Outdoor Activity Area shall be principally permitted
in any Neighborhood Commercial District or Neighborhood Commercial Transit District, and in
the WMUG, WMUO, SALi, and RED-MX Districts, if it meets all of the following conditions:
(A) The Outdoor Activity Area is located on the ground level;
(B) The Outdoor Activity Area is in operation only between 9:00 a.m. and 10:00
p.m.;
(C) The Outdoor Activity Area is not operated in association with a Bar use;
(D) Where associated with a Limited Restaurant or Restaurant Use, the Outdoor
Activity Area includes only seated, not standing, areas for patrons; and
(E) Alcohol is dispensed to patrons only inside the premises or through wait staff
services at the patron's outdoor seat in the Outdoor Activity Area.
Any Outdoor Activity Area not at the front of a building seeking to operate beyond
these limitations requires a Conditional Use Authorization, unless such Outdoor Activity Area
is permitted by Planning Code Section 145.2.
* * * *
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS.
* * * *
Table 209.1
ZONING CONTROL TABLE FOR RH DISTRICTS
Zoning
§ References
RH-1(D) B
RH-1(5) I RH-2
RH-3
Category
* * * *
!NON-RESIDENTIAL STANDARDS AND USES
Development Standards
* * * *
Continuing nonconforming uses are permitted, subject
Limited
§§ 186, 186.3
to the requirements of§ 186. Limited Commercial
Commercial Uses
Uses may be conditionally permitted in historic
buildings subject to § 186.3.
P on a Corner Lot, with no part of the use extending
more than 50 feet in depth from said corner; NP if the
Limited Corner
LCCU would require the Residential Conversion of a
Commercial Uses § 231
Residential Unit or Unauthorized Unit under Planning
Code Section 317, unless the space proposed for
conversion is occupied by a garage or storage space
located in the Basement or First Story.
Commercial Use Characteristics
* * * *
Formula Retail
§§ 102, 303.1
NP feF birniteEI GeFReF Gernrnernial lJses
Hours of
§§ 102,186,231
For Limited Corner Commercial Uses under§ 231 and
Operation
Limited Commercial Uses under G 186: P 6:00 a.m. to
10:00 p.m.; NP 10:00 p.m. to 6:00 a.m.
J;:eF liFAiteEI S9FAFA9FSial l:IS9S l:IR99F § ~ 8e: i=2 e:QQ a.FA.
IL-
-1 n.nn ... -
. 11.10 -1 n.nn ......... L- a-nn,.. ......
,._
-·-- r-·
., .
-·-- r-·
-·-- -...
* * * *
Outdoor Activitv
IGG 102 145.2 186 P if located in front of buildina- NP if Ret at fFeRt ef
~
202.2 231
:: _ ;1~:~;r;lsewhere.
* * * *
* *
·*
*
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS.
* * * *
Table 209.2
ZONING CONTROL TABLE FOR RM DISTRICTS
I Zoning Category I § References
RM-1
I RM-2 I
RM-3
RM-4
I* * * *
I
I
I
NON-RESIDENTIAL STANDARDS AND USES
Development Standards
* * * *
Limited Corner
§ 231
P on a Corner Lot, with no
P on a Corner Lot, with
Commercial Uses
part of the use extending
no part of the use
more than 50 feet in depth
extending more than
~ram said corner; NP if the
100 feet in depth from
LCCU would require the
said corner; NP if the
Residential Conversion of a LCCU would require the
Residential Unit or
Residential Conversion
Unauthorized Unit under
of a Residential Unit or
Planning Code Section 317, Unauthorized Unit under
unless the space proposed Planning Code Section
or conversion is occupied
317, unless the space
by a garage or storage
proposed for conversion
space located in the
is occupied by a garage
Basement or First Story.
or storage space
located in the Basement
or First Story.
Continuing nonconforming uses are permitted,
Limited Commercial
§§ 186, 186.3
subject to the requirements of§ 186. Limited
Uses
Commercial Uses may be conditionally permitted in
historic buildings subject to § 186.3.
Commercial Use Characteristics
* * * *
Formula Retail
§§ 102, 303.1
NP feF biFRitea GeFReF GeFRFReFeial 61ses
Hours of Operation
§§ 102, 186,
For Limited Corner Commercial Uses under§ 231
and Limited Commercial Uses under§ 186: P 6:00
a.m. to 10:00 p.m.; NP 10:00 p.m. to 6:00 a.m.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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For limited commercial uses under§ 186: P 6:00
a.m. to 10:00 13.m.; NP 10:00 13.m. to 6:00 a.m.
* * * *
Outdoor Activit~ Area §§ 102, 145.2,
P if located in front of building; NP if not at fFont of
186, 202.2, 231 euildin§elsewhere.
* * * *
* * * *
SEC. 209.4. RTO (RESIDENTIAL TRANSIT ORIENTED) DISTRICTS.
* * * *
Table 209.4
ZONING CONTROL TABLE FOR RTO DISTRICTS
!zoning Category
I § References
RTO
RTO-M
* * * *
NON-RESIDENTIAL STANDARDS AND USES
I Development Standards
I
I* * * *
i
I
P on a Corner Lot,
P on a Corner Lot,
~.vith no oart of the
with no oart of the
Limited Corner Commercial
use extendina more
§ 231
use extendina more
Uses
than 100 feet in
than 50 feet in degth deoth from said
from said corner
corner
* * * *
Commercial Use Characteristics
Hours of Ogeration
ss 102 186
For Limited Corner Commercial Uses
under G 231 and limited commercial uses
under~ 186: P 6:00 a.m. to 10:00 o.m.· C
10:00 o.m. to 12:00 a.m.· NP 12:00 a.m. to
6:00 a.m.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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Outdoor Activity Area
ss 102 145.2
P if located in front of buildina· P if A-et-at
186, 202.2, 231
~~~ -'~: .... ~:"~..:;,~; .... ;:;elsewhere and
'"'Omoliant with & 202.2(a)(7)· NP otherwise.
* * * *
* * * *
SEC. 231. LIMITED CORNER COMMERCIAL USES IN RH, RTO, AND RM DISTRICTS.
(a) Purpose. Corner stores enhance and support the character and traditional pattern of
development in San Francisco. These small neighborhood-oriented establishments provide
convenience goods and services on a retail basis to meet the frequent and recurring needs of
neighborhood residents within a short walking distance of their homes. These uses tend to be
small in scale, to serve primarily walk-in trade, and cause minimum interference with nearby
streets and properties. These uses are permitted only on the ground floor of corner buildings,
and their intensity and operating hours are limited to ensure compatibility with the
predominantly residential character of the district. Accessory off-street parking is prohibited for
these uses to maintain the local neighborhood walk-in character of the uses.
(b) Location. Uses permitted under this section must be located:
(1) completely within an RH, RTO, RTO-M, or RM District;
(2) on or below the ground floor;
(3) in RH, RM-1, RM-2, and RTO Districts, on a Corner Lot, with no part of the use
extending more than 50 feet in depth from said corner, as illustrated in Figure 231; and
(4) in a space that would not require the Residential Conversion of a Residential Unit or
Unauthorized Unit under Planning Code Section 317, unless the space proposed for
conversion is occupied by a garage or storage space located in the Basement or First Story.
* * * *
(5) in RM-3, RM-4, and RTO-M Districts, on a Corner Lot, with no part of the use
extending more than 100 feet in depth from said corner.
Mayor Breed; SupeNisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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(c) Permitted Uses. Any use is permitted which complies with the use limitations for the
First Story and below of a Neighborhood Commercial District or Special Use District within
one half mile of the use, or if the use is more than one half mile from the nearest NCO or
S-U-Q,a Neighborhood Commercial District or Special Use District within one halfone-quarter
mile of the use, or if the use is more than one halfone-quarter mile from the nearest NCO or
SUD, an NC-1 District, as set forth in Section 710 of this Code.
(d) Use Size. In any RH or RM District, the use size shall comply with the use size
limitations of the nearest Neighborhood Commercial District or Special Use District.In any RH
or RM, RM-1. or RM-2 District, the use size shall comply with the use size limitations of tAe
nearest a Neighborhood Commercial District or Special Use District located within one-quarter
mile of the use, up to a maximum of 1,200 square feet of Occupied Floor Area of commercial
area. In any RM-3 or RM-4 District, the use size shall comply with the use size limitations of a
Neighborhood Commercial District or Special Use District located within one-quarter mile of
the use, up to a maximum of 2,500 square feet of Commercial Use. No more than 1,200
square feet of Occupied Floor Area of commercial area in a RTO, RH, RM 1, or RM 2, RH,
RM 1, or RM 2 District or in a RH, RM-1, or RM-2 District if the use is more than one-quarter
mile from a Neighborhood Commercial District or Special Use District, and no more than
2,500 occupied square feet of Commercial Use in a RM 3, RM 4 orRM 3, RM 4 or RTO-M
District or in a RM-3 or RM-4 District if the use is more than one-quarter mile from a
Neighborhood Commercial District or Special Use District, shall be allowed per Corner Lot,
subject to the following exception. except thoseOn lots which occupy more than one corner on
a given block±and which may provide an additional 1,200 square feet of Occupied Floor Area
of Commercial Use shall be allowed per additional corner, so long as the commercial space is
distributed equitably throughout appropriate parts of the parcel or project.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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(e) Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section
303.1 shall not be permitted except by Conditional Use through the procedures of Section 303
for RTO and RTO-M Districts and shall not be permitted in RH, RM 1, RM 2, RM 3, and RM 4
and RM Districts.
* * * *
(k) Outdoor Activity Area. An Outdoor Activity Area is principally permitted if it is located at
the front of the building. An Outdoor Activity Area that is not at the front of the building is
principally permitted in RTO and RTO-M Districts only if it complies with the operating
restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts.
SEC. 303.1. FORMULA RETAIL USES.
* * * *
(e) Conditional Use Authorization Required. A Conditional Use Authorization shall
be required for a Formula Retail use in the following zoning districts unless explicitly
exempted:
* * * *
(8) Limited Commercial Uses in RH, RM, RTO, and RED Districts, as permitted
by Sections 186,186.3, and 231;
* * * *
(f) Formula Retail Uses Not Permitted. Formula Retail uses are not permitted in the
following zoning districts:
* * * *
(10) RH Districts do not permit Formula Retail uses that are also Limited
Corner Commercial Uses; and
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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(11) RM Districts do not permit Formula Retail uses that are also Limited
Corner Commercial Uses.
* * * *
SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
* * * *
Zoning Category
II§ References
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Sales and Service Use Category
* * * *
Services, Financial
§ 102,781.6
* * * *
Services, Limited Financial
§§ 102, 781.6
Services, Retail Professional
§§ 102, 781.6
* * * *
Design Professional
§ 102,781.6
Service, Non-Retail
§ 102
Professional
* * * *
* * * *
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Controls
Controls by Story
1st
2nd
3rd+
C(7)
NP
NP
C(2)(7)
NP
NP
P.C(7)
p
p
C(7)
p
NP
NP
p
NP
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(5) NORTH BEACH SPECIAL USE DISTRICT (Section 780.3):
* * * *
(6) NORTH BEACH LIQUOR LICENSES FOR RESTAURANTS (Section 780.3): A
Restaurant Use may only add ABC license types 02, 23, 41, 47, 49, 59 or 75 as a Conditional
Use on the First Story if, in addition to the criteria set forth in Section 303, the Planning
Commission finds that the Restaurant is operating as a Bona Fide Eating Place as defined in
Section 102. Should a Restaurant fail to operate as a Bona Fide Eating Place for any length
of time, the Conditional Use authorization shall be subject to immediate revocation. To verify
that the Restaurant is continuing to operate as a Bona Fide Eating Place, records of the
Restaurant's gross receipts or gross sales shall be provided to the Department upon request.
All records and information shall be submitted to the Department under penalty of perjury.
(7) NORTH BEACH FINANCIAL SERVICE, LIMITED FINANCIAL SERVICE, AND
BUSINESS OR PROFESSIONAL SERVICE SUBDISTRICT (Section 781.6)
Boundaries: Applicable only for portions of the North Beach NCO south of Greenwich
Street as mapped on Sectional Map SU01.
Controls: Financial Services and Limited Financial Services are NP at all stories;
Retail Professional Services, Design Professional, and Trade Offices are NP at the First story.
* * * *
SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
* * * *
Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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Zoning Category
§ References
Controls
NON-RESIDENTIAL STANDARDS AND USES (7)
* * * *
I
Controls by Story
I
I
1st
II
2nd :J( 3rd+
* * * *
Entertainment, Arts and Recreation Use Category
* * * *
Entertainment, Nighttime
§ 102
GP
N-PC
NP
-
* * * *
Sales and Service Use Category
* * * *
Services, Health
§ 102
NP(3)
C
C
* * * *
Services, Retail Professional
§ 102
NP(3)
p
p
* * * *
Service, Non-Retail Professional
§ 102
NP(12)
p
NP
* * * *
* * * *
(3) Principally permitted on properties that do not have any frontage on Polk Street"'Gf
California Street, or Hyde Street.
* * * *
(12) Conditionally permitted on properties that do not have any frontage on Polk
StreetGf California Street, or Hyde Street.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
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SEC. 781.9. HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT.
* * * *
(c) Controls.
* * * *
(3) Continuation of existing Unpermitted Liquor Establishments. In the Haight Street
Alcohol RUSO, any unpermitted liquor establishment may continue in accordance with
Sections 180 through 186.2 of this Code, subject to the following provisions:
* * *
*
(B) A break in continuous operation shall not be interpreted to include the following,
provided that the location of the establishment does not change, the square footage used for
the sale of alcoholic beverages does not increase, and the type of California Department of
Alcoholic Beverage Control Liquor License ("ABC License") does not change except as
indicated:
(i) A change in ownership of an unpermittedprohibited liquor establishment or an
owner-to-owner transfer of an ABC License; or
(ii) Re-establishment, restoration± or repair of an existing unpermittedprohibited liquor
establishment on the same lot after total or partial destruction or damage due to fire, riot,
insurrection, toxic accident or act of God; or
(iii) Temporary closure of an existing unpermitted liquor establishment for not more
than ninety (901 days for repair, renovation± or remodeling;
(iv) Relocation of an existing unpermitted liquor establishment in the Haight Street
Alcohol RUSO to another location within the same Haight Street Alcohol RUSO with
Conditional Use authorization from the Planning Commission, provided that the original
premises shall not be occupied by an unpermitted liquor establishment, unless by another
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 15
unpermitted liquor establishment that is also relocating from within the Haight Street Alcohol
RUSO.
(v) A change from a Type 21 (off-sale general) to a Type 20 (off-sale beer and wine)
license.
(vi) A change from an existing ABC license to a Type 64 or Type 90 license.
* * * *
Section 4~. Article 4 of the Planning Code is hereby amended by revising Section 406,
to read as follows:
SEC. 406. 'J'JAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT
PROJECT REQUIREMENTS.
* * * *
(i) \AJai\•er for Certain Changes in Use. A development project that meets the
eligibility criteria in subsection (i)(1) of this Section 406 shall receive a waiver from any
development impact fee or development impact requirement imposed by this Article, with the
exception of the requirements of Section 415.
(1) Eligibility. To be eligible for the waiver in this subsection (i), the project
(A) propose a change in use i..vithin an existing structure, excluding the
establishment of any of the following uses: Off.ice Use, Parcel Delivery Service, and Fleet
Charging; and
(B) submit a complete Development Application on or before December
31, 2028.
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 16
(2) Extent of '.".'aiver. The 1.vaiver in this subseotion (i) shall be limited to
development impaot fees or requirements for eligible ohanges in use within an existing
struoture and shall not inolude any additions to an existing struoture or new oonstruotion .
(3) Sunset. This subseotion (i) shall expire by operation of lm.v at the end of the
day on Deoember 31, 2028, unless the duration of the subseotion has been extended by
ordinanoe effeotive on or before that date. Four years after the sunset date, the City Attorney
is authorized to oause subseotion (i) to be removed from the Planning Code. This four year
time frame provides additional notioe to projeot applioants and does not alter the sunset date
of this subseotion (i).
Section 4. Formatting of Ordinance; Explanation of Fonts.
(a) On November 27, 2023. the Land Use and Transportation Committee of the Board
of Supervisors duplicated Board File No. 230701 to create Board File No. 231221. The
ordinance in File No. 230701 proceeded through the legislative process, was enacted as
Ordinance No. 249-23. and became effective in January 2024. The ordinance in File No.
231221 - this ordinance - remained at the Land Use and Transportation Committee. This is
the tR+FEJ.fourth version of that ordinance.
(b) To clearly understand the proposed amendments to existing law contained in this
third version of this ordinance. the ordinance shows in "existing text" font (plain Arial) the law
currently in effect, as amended by Ordinance No. 249-23 and other ordinances that became
effective since the ordinance in Board File No. 230701 was first introduced. This ordinance
shows in "Board amendment" font (double-underlined Arial for additions, and strikethrough
Arial for deletions) amendments to existing law. This ordinance also shows in "Board
amendment" font all amendments to this ordinance made after the file was duplicated.
including amendments approved to earlier versions of this ordinance (with the exception of
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 17
Planning Code Section 311, discussed below).This ordinance omits sections of the law
currently in effect that are not being amended by this ordinance and were not proposed for
amendments in earlier versions of this ordinance in the Board File 231221.
(c) A separate ordinance in Board File No. 230446 was enacted as Ordinance No.
248-23. Both Ordinance Nos. 248-23 and 249-23 became effective on the same day and both
amended Planning Code Section 311 ("Section 311 "). The text of Ordinance No. 248-23 shall
control, as it encompasses the policy change effected by the text of Ordinance No. 249-23.
Although earlier versions of this ordinance in Board File No. 231221 proposed amendments to
the then-existing Section 311, the current version of this ordinance does not propose any
amendments to the text of Section 311 as enacted via Ordinance No. 248-23. Accordingly,
Section 311 is omitted from this ordinance.
(d) This tR-ifG version of the ordinance also includes a new long title that describes the
ordinance, to reflect changes in existing law. It replaces the long title in the previous twe
versions of the ordinance, which had included references to the amendments that became
effective with the enactment of Ordinance No. 249-23.
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 e§. 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
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 18
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance. Existing code text added to this ordinance since its
introduction is included herein as Unchanged Code text in accordance with the "Note."
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
/s/ HEATHER GOODMAN
HEATHER GOODMAN
Deputy City Attorney
n :\legana\as2024\2300239\017 45761.docx
Mayor Breed; Supervisors Engardio, Dorsey, Melgar, Stefani, Mandelman
BOARD OF SUPERVISORS
Page 19
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
231221
Date Passed: April 16, 2024
Ordinance amending the Planning Code to 1) allow Nighttime Entertainment Uses as principally
permitted on the ground floor and conditionally permitted on the second floor in the Polk Street
Neighborhood Commercial District (NCO); 2) modify requirements for limited commercial uses within
one-quarter mile of the North Beach Special Use District (SUD); 3) conditionally permit Retail
Professional Services Uses on the ground floor in the North Beach NCO, subject to existing limitations;
4) allow limited commercial uses (LCUs) in Residential, House (RH) and Residential, Mixed (RM)
Districts with specified limitations; 5) require operating hours to end at 10 p.m. for LCUs and limited
corner commercial uses (LCCUs) in RH and RM Districts; 6) establish that LCCUs are limited to those
uses allowed in an NCO or SUD within one-quarter mile of the use, or the NC-1 District, as specified; 7)
prohibit outdoor activity areas not at the front of the building in RH and RM Districts and limit such
outdoor activity areas in other residential districts; 8) establish that LCCUs in Residential Transit
Oriented (RTO) Districts must be located on corner lots and specify lot depth requirements; and 9)
make minor corrections to code text; 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.
November 27, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
November 27, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED
December 04, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF
THE CHAIR
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 - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
March 25, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
April 02, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
April 16, 2024 Board of Supervisors - FINALLY PASSED
City and County of San Francisco
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
Page 1
Printed at 9:47 am 011 4/17/24
File No. 231221
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
4/16/2024 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 9:47 am on 4/17/24
