AMENDED IN COMMITTEE
FILE NO. 180190
4/16/2018
ORDINANCE NO. 114-18
[Planning Code - Lower Polk Street Alcohol Restricted Use District]
Ordinance amending the Planning Code to extend the Lower Polk Street Alcohol
Restricted Use District to June 1, 2023; to expand the circumstances in that District
when temporary closures of liquor establishments are not considered abandonment of
such uses, and provide that such temporary closures in that District are not considered
an enlargement, alteration, intensification, abandonment, or change of use, provided
that any demolition permits required for the repair, renovation, or remodeling work
have been approved submitted by January 1, 2018; affirming the Planning
Department's determination under the California Environmental Quality Act; and
making findings of public necessity, convenience, and welfare 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 italics Times l1kv,· 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
Supervisor Peskin
BOARD OF SUPERVISORS
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Supervisors in File No. 180190 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On March 29, 2018, the Planning Commission, in Resolution No. 20147,
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. 180190, and is incorporated herein by reference.
(c)
On March 29, 2018, the Planning Commission, in Resolution No. 20147,
approved this ordinance, recommended it for adoption by the Board of Supervisors, and
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adopted findings that it will serve the public necessity, convenience, and welfare. Pursuant to
Planning Code Section 302, 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. 180190, and is
incorporated herein by reference.
Section 2. The Planning Code is hereby amended by revising Section 788, to read as
follows:
SEC. 788. LOWER POLK STREET ALCOHOL RESTRICTED USE DISTRICT.
* * * *
( d) Controls.
* * * *
(2) Whenever a liquor establishment has discontinued its use for a continuous
period of one year or more, the liquor establishment shall be deemed to have abandoned its
use as a liquor establishment; provided that a break in continuous operation shall not be
interpreted to include the following, as long as the location of the establishment does not
change, the square footage used for the sale of alcoholic beverages does not increase, and
Supervisor Peskin
BOARD OF SUPERVISORS
Page 2
the type of California Department of Alcoholic Beverage Control Liquor License ("ABC
License") does not change:
(A) Re-establishment, restoration,_ or repair of an existing liquor
establishment on the same lot after total or partial destruction or damage due to fire, riot,
insurrection, toxic accident,_ or other force majeure; or
(B) Temporary closure of an existing liquor establishment for repair,
renovation,_ or remodeling, including full demolition of an existing building and new construction.
and including voluntary repairs. renovations, or remodeling, provided that permit applications for
the repair, renovation,_ 9f remodeling or demolition work shall be submitted to the City upon or
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prior to the temporary closure and such permits and work shall be pursued diligently to
completion; or
(C) A change in ownership of a liquor establishment or an owner-to-
owner transfer of an ABC License.
* * * *
(e) Sunset ProvisionDate. This Section 788 shall expire bv operation oflaw on June I.
2023, be repealed five (5) years after its initial Effective Date unless the Board of Supervisors, on
or before that date, extends or re-enacts it. Following its expiration, the City Attorney shall cause
this Section to be removed tram the Municipal Code.
Section 3. The Planning Code is hereby amended by revising Section 723, to read as
follows:
SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT.
* * * *
Supervisor Peskin
Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
BOARD OF SUPERVISORS
Page 3
* * * *
Zoning Category
§ References
Controls
NON-RESIDENTIAL
STANDARDS AND USES
(7)
* * * *
Sales and Service Use Category
Retail Sales and Service
§§ 102, 202.2(a), 202.3
p
p
NP
Uses*
* * * *
Bar
§§ 102, 202.2(a)
cw
NP
NP
* * * *
* Not listed below
(1) {l'lote deleted.} Temporary closures of existing liquor establishments located within the
Lower Polk Alcohol Restricted Use District for repair, renovation, or remodeling that meet the
requirements o[Section 788(d)(2)(B) shall not be considered enlargement, alteration, intensification,
abandonment, or a change of use ofa conditional use permit pursuant to Section 178 of this Code,
provided that any demolition permits required for the repair, renovation, or remodeling work have
been approved submitted by January l, 2018.
* * * *
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
Supervisor Peskin
BOARD OF SUPERVISORS
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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
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. HER ERA Ci
Attorney
By:
n:\legana\as2018\ 1800419\01268028.docx
Supervisor Peskin
BOARD OF SUPERVISORS
Page 5
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
180190
Date Passed: May 01, 2018
Ordinance amending the Planning Code to extend the Lower Polk Street Alcohol Restricted Use
District to June 1, 2023; to expand the circumstances in that District when temporary closures of
liquor establishments are not considered abandonment of such uses, and provide that such
temporary closures in that District are not considered an enlargement, alteration, intensification,
abandonment, or change of use, provided that any demolition permits required for the repair,
renovation, or remodeling work have been submitted by January 1, 2018; affirming the Planning
Department's determination under the California Environmental Quality Act; and making findings of
public necessity, convenience, and welfare under Planning Code, Section 302, and findings of
consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
April 16, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
April 16, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
April 24, 2018 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen , Safai, Sheehy, Stefani,
Tang and Yee
May 01 , 2018 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani,
Tang and Yee
File No. 180190
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
5/1/2018 by the Board of Supervisors of the
City and County of San Francisco.
/UM4 q_ .24
I
I
Date Approved
Mark E. Farrell
Mayor
City a11d Cou11ty of San Fra11cisco
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Pri11ted at 1:52 pm 011 512118
