Ordinance No. 0029-20
Ord. No. 0029-20
in effectFILE NO. 191257
AMENDED IN BOARD
1/28/2020
ORDINANCE NO. 29-20
[Planning Code - Jackson Square Special Use District - Exemption from Limitation on
Proposed Limited Restaurant Uses]
Ordinance amending the Planning Code to allow authorization of a Limited Restaurant
use in the Jackson Square Special Use District that does not comply with the current
requirements for a Limited Restaurant use if a building permit application furthering
the establishment of such use was filed by July 19, 2018; 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 adopting findings of public necessity, convenience,
1 o
and welfare under 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 New 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. 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. 191257 and is incorporated herein by reference. The Board affirms
this determination.
( b) tOH-nr-_-_-_-_-_-_-_-_-_-_
_,,:-1t:tth-t"te-rP,,1 a~nH1nH1ittnt:rg-\::C:rt:O:tt-mH1ml+ttt"i
s~srtti O:tt-nr.-, Hii n+-f""RM'."je~stto tt-JI Uttttitto H-n -+'~*J O-t:-. -=--=--=--=--=--=--=---=----,.
adopted findings The Board of Supervisors finds that the actions contemplated in this
Supervisor Peskin
BOARD OF SUPERVISORS
Page 1
ordinance are consistent, on balance, with the City's General Plan. Objective 2 of the
Commerce and lndustrv Element is to maintain and enhance a sound and diverse economic
base for the City: Policy 2.1 seeks to retain existing commercial and industrial activity and to
attract new such activity to the City. Objective 6 of the Commerce and Industry Element is to
maintain and strengthen viable neighborhood commercial areas easily accessible to City
residents; Policy 6.1 seeks to ensure and encourage the retention and provision of
neighborhood-serving goods and services in the City's neighborhood commercial districts,
while recognizing and encouraging diversity among the districts and Policy 6.2 seeks to
promote economically vital neighborhood commercial districts which foster small business
1 O
enternrises and entrepreneurship.
(~ e) The Board of Supervisors finds that the actions contemplated in this ordinance
are consistent. on balance, with the aAtl- eight priority policies of Planning Code Section
101.1 (b) in that the proposed ordinance will provide opportunities for resident employment in
and ownership of neighborhood-serving retail (Policy 1 ). The proposed ordinance will not have
an adverse effect on existing housing or neighborhood character (Policy 2), the City's supply
of affordable housing (Policy 3). the City's Landmarks and historic buildings (Policy 7), or the
City's parks and open spaces (Policy 8). The proposed ordinance will not cause commuter
traffic to impede MUNI transit service or overburden the streets or neighborhood parking
(Policy 4 ), cause displacement of the industrial or service sectors due to office development,
or affect future opportunities for resident employment or ownership in those sectors (Policy 5).
The proposed ordinance will have no effect on the City's ability to protect against injurv or loss
of life in an earthquake (Policy 6). The Board adopts these findings as its own. A copy of said
Resolution is on file vvith the Clerk of the Board of Supervisors in File No. -~--' and is
incorporated herein by reference.
Supervisor Peskin
BOARD OF SUPERVISORS
Page
(g B) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this
ordinance will serve the public necessity, convenience, and general welfare because it will
provide an exception from newly-enacted controls that is limited in time. It will not impact the
purpose of the new controls since a Limited Restaurant Use is less intensive than a full-
service restaurant or bar and would have less of an impact on the neighborhood and
surrounding uses for the reasons set forth in Planning Commission Resolution No. ___ _
Section 2. The Planning Code is hereby amended by revising Section 249.25, to read
as follows:
SEC. 249.25. JACKSON SQUARE SPECIAL USE DISTRICT.
In order to provide for the protection and enhancement of specialty retail and antique
store uses in the Jackson Square area, there shall be established the Jackson Square Special
Use District as designated on Sectional Map No. SU01 of the Zoning Map. The boundaries of
this Special Use District shall be coterminous with the boundaries of the Jackson Square
Historic District as established by Appendix B to Article 10 of this Code and further described
in Section 3 of that Appendix, and shall also include Lot 4 of Block 195. The following
provisions shall apply within the Jackson Square Special Use District:
* * * *
(b) Controls.
(1)
General. The provisions of the C-2 use district as established in Section
210.2 and applicable provisions of the Washington-Broadway Special Use Districts (Section
239), and the Chinatown Community Business District (Section 810), shall prevail except as
provided in paragraphs (2) and (3) below.
(2)
Conditional Uses.
Supervisor Peskin
BOARD OF SUPERVISORS
Page
(A)
Office Uses, Business Services, and Institutional Uses. Office Uses,
Business Services, and Institutional Uses,_ as set forth defined in Section 102 of this Code,_ at
the ground floor are subject to Conditional Use authorization pursuant to Section 303 of this
Code, provided, however, that building lobbies, entrances, and exits to and from the
basement, ground floor, or upper floors, and other reasonably-sized common areas at the
ground floor shall be permitted without Conditional Use authorization. In addition to the
findings required under Section 303(c) for Conditional Use authorization, the Commission
shall make the following findings:
(i) The use shall be necessary to preserve the historic resource
1 O
and no other use can be demonstrated to preserve the historic resource.
(ii) The use shall be compatible with, and shall enhance, the
unique retail character of the District.
(B)
Restaurants, Limited Restaurants, and Bars. Restaurant,
Limited Restaurant,_ and Bar uses may be permitted as a Conditional Use on the First Story
through the procedures set forth in Section 303 only if the Zoning Administrator first
determines that the proposed new Restaurant, Limited Restaurant, or Bar would occupy a
space that is currently or was last legally occupied by one of the uses described below;
provided that its last use has not been discontinued or abandoned pursuant to Sections
186.1 (d) or 178(d) of this Code and that the proposed new use will not enlarge the space; and
provided further that no Conditional Use shall be required if the use remains the same as the
prior authorized use, with no enlargement or intensification of use:
(i) A Bar may occupy a space that is currently or last legally
occupied by a Bar;
(ii) A Restaurant may occupy a space that is currently or was last
legally occupied by a Restaurant or Bar; and
Supervisor Peskin
BOARD OF SUPERVISORS
Page
(iii) A Limited Restaurant may occupy a space that is currently or
was last legally occupied by a Limited Restaurant, Restaurant,_ or Bar.
(iv) Except as provided herein, no other use shall be allowed to
convert to a Limited Restaurant, Restaurant,_ or Bar.
(C)
Exception for Certain Proposed Limited Restaurant Uses. A proposed
Limited Restaurant use is Principally Permitted, shall not be required to obtain a Conditional Use
authorization pursuant to subsection (b){2){B) above, and shall not be sub;ect to the limitation of
I
subsection (fz){2){B)(iii) above if an application for a building permit necessary for the establishment ofi
I
such use was filed with the City by July 19, 2018.
I
l
I
(3) Prohibited Uses. Adult Businesses, as defined in Section 102 of this Code, I
are prohibited.
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
I I I
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board I
of Supervisors overrides the Mayor's veto of the ordinance.
Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
I
l
I
I
I I
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
I
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal I
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
I
Supervisor Peskin
BOARD OF SUPERVISORS
I
Page sl
I
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DENNIS . HERRERA, City Attorney
By:
DITH A. BOYAJIA
puty City Attorney
n:\legana\as2019\2000184\01423280.docx
Supervisor Peskin
BOARD OF SUPERVISORS
Page6
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
191257
Date Passed: February 04, 2020
Ordinance amending the Planning Code to allow authorization of a Limited Restaurant use in the
Jackson Square Special Use District that does not comply with the current requirements for a
Limited Restaurant use if a building permit application furthering the establishment of such use was
filed by July 19, 2018; 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 adopting findings of public necessity,
convenience, and welfare under Planning Code, Section 302.
January 27, 2020 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
January 28, 2020 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
January 28, 2020 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
February 04, 2020 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai,
Stefani, Walton and Yee
Page 1
Printed at 1:28 pm 011 215120
File No. 191257
London N. Breed
Mayor
City am/ County of San Fr1111cisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
2/4/2020 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 1: 28 pm 011 215120
References
amendsSec. 249.24
amendsSec. 249.25
amendsSec. 249.26
amendsSec. 249.27
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0029-20.pdfFetched: 7/4/2026