SEC. 311. PERMIT REVIEW PROCEDURES.
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(a) Purpose. The purpose of this Section 311 is to establish procedures for reviewing
1 building permit applications to determine compatibility of the proposal with the neighborhood
and for providing notice to property owners and residents on the site and neighboring the site
of the proposed project and to interested neighborhood organizations, so that concerns about
a project may be identified and resolved during the review of the permit.
(b) Applicability. Except as indicated hereinin this subsection (/z), all building permit
applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts for a
change of use; establishment of a Micro Wireless Telecommunications Services Facility;
establishment of a Formula Retail Use; demolition, new construction, or alteration of buildings;
and the removal of an authorized or unauthorized residential unit, shall be subject to the
notification and review procedures required by this Section 311. In addition, with the exception
of Grandfathered MCDs converting to Cannabis Retail use pursuant to Section 190(a), all building
permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary
uses, regardless of zoning district, shall be subject to the notification and review procedures
required by this Section 311. Notwithstanding the foregoing or any other requirement of this
Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be
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subject to the review requirements of this Section 311. Notwithstanding the foregoing or any
other requirement of this Section 311, building permit applications to construct an Accessory
Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review
requirements of this Section 311. Notwithstanding the foregoing or any other requirement of
this Section 311, a change of use to a principally permitted use in an NC or NCT District, or in
a limited commercial use or a limited corner commercial use, as defined in Sections 186 and
231, respectively, shall not be subject to the review or notice requirements of this Section 311.
(1) Change of Use. Subject to the {Oregoing provisions of subsection (Q), Ffor
purposes of this Section 311, a change of use is defined as follows:
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(A) Residential, NC, and NCT Districts. For all Residential, NC, and
NCT Districts, a change of use is defined as a change to, or the addition of, any of the
following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis
Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage
Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area,
Post-Secondary Educational Institution, Private Community Facility, Public Community
Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco
Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A
change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions
· of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood
Commercial Transit District shall be subject to the provisions of this Section 311. A change of
use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a
limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be
subject to the provisions of this Section 311.
(i) Exception. Notwithstanding subsection 311 (b)(1)(A), in the
geographic areas identified in subsection 311 (b)(1)(A)(ii), building permit applications for a
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change of use to the following uses shall be excepted from the provisions of subsections
311 (d) and 311 (e): Bar, General Entertainment, Limited Restaurant, Liquor Store, Massage
Establishment, Nighttime Entertainment, Outdoor Activity Area, Private Community Facility,
Public Community Facility, Restaurant, and Tobacco Paraphernalia Establishment.
(ii) Subsection 311 (b)(1)(A)(i) shall apply to Neighborhood
Commercial Districts in the following geographic areas:
Area 1: shall comprise all of that portion of the City and County commencing at the
point of the intersection of the shoreline of the Pacific Ocean and a straight-line extension of
Lincoln Way, and proceeding easterly along Lincoln Way to 17th Avenue, and proceeding
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southerly along 17th Avenue to Judah Street, and proceeding westerly along Judah Street to
19th Avenue, and proceeding southerly along 19th Avenue to Sloat Boulevard, and
proceeding westerly along Sloat Boulevard, and following a straight-line extension of Sloat
Boulevard to the shoreline of the Pacific Ocean and proceeding northerly along said line to the
point of commencement.
Area 2: shall comprise all of that portion of the City and County commencing at the
point of the intersection of Junipero Serra Boulevard and Brotherhood Way, and proceeding
northerly along the eastern edge of Junipero Serra Boulevard to Garfield Street, and
proceeding easterly along Garfield Street to Grafton Avenue, and continuing easterly along
Grafton Avenue to Mount Vernon Avenue, and proceeding easterly along Mount Vernon
' Avenue to Howth Street, and proceeding northerly along Howth Street to Geneva Avenue,
and proceeding easterly along Geneva Avenue to Interstate 280, and proceeding northerly
along Interstate 280 to the straight-line extension of Tingley Street, and proceeding southerly
along said line to Tingley Street, and proceeding southerly along Tingley Street to Alemany
Boulevard, and proceeding easterly along Alemany Boulevard to Congdon Street, and
proceeding southerly along Congdon Street to Silver Avenue, and proceeding easterly along
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Silver Avenue to Madison Street, and proceeding southerly along Madison Street to Burrows
Street, and proceeding westerly along Burrows Street to Prague Street, and proceeding
southerly along Prague Street to Persia Avenue, and proceeding westerly along Persia
Avenue to Athens Street, and proceeding southerly along Athens Street to Geneva Avenue,
and proceeding easterly along Geneva Avenue to the intersection of Geneva Avenue and
Carter Street, and proceeding westerly along the southeastern boundary of Census Tract
0263.02, Block 3005 to the San Francisco/San Mateo county border, and proceeding westerly
along the San Francisco/San Mateo county border to Saint Charles Avenue, and proceeding
northerly along Saint Charles Avenue to Interstate 280, and proceeding northeasterly along
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Interstate 280 to a northerly straight-line extension to Orizaba Avenue, and proceeding
northerly along said line to Alemany Boulevard, and proceeding westerly along Alemany
Boulevard to Brotherhood Way, and proceeding westerly along Brotherhood Way to the point
of commencement.
(iii) Exception for the Ocean Avenue Neighborhood
Commercial Transit District. Notwithstanding subsection 311(b)(1)(A), building permit
applications in the Ocean Avenue Neighborhood Commercial Transit District for a change of
use to the following uses shall be excepted from the provisions of subsections 311 ( d) and
311 (e): General Entertainment, Limited Restaurant, Nighttime Entertainment, Outdoor Activity
Area, Private Community Facility, Public Community Facility, Restaurant, and Tobacco
Paraphernalia Establishment.
(B) Eastern Neighborhood Mixed Use Districts. In all Eastern
Neighborhood Mixed Use Districts a change of use shall be defined as a change in, or
· addition of, a new land use category. A "land use category" shall mean those categories used
to organize the individual land uses that appear in the use tables, immediately preceding a
group of individual land uses, including but not limited to the following: Residential Use;
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Institutional Use; Retail Sales and Service Use; Assembly, Recreation, Arts and
Entertainment Use; Office Use; Live/Work Units Use; Motor Vehicle Services Use; Vehicle
Parking Use; Industrial Use; Home and Business Service Use; or Other Use.
* * * *
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.
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:
/s/ Victoria Wong
VICTORIA WONG
Deputy City Attorney
n:\legana\as2021\2100254\01526088.docx
Mayor Breed
BOARD OF SUPERVISORS
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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:
210452
Date Passed: December 14, 2021
Ordinance amending the Planning Code to exempt Grandfathered Medical Cannabis Dispensaries
that convert to Cannabis Retail Uses from neighborhood notification and review requirements;
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 1O1.1; and making public necessity, convenience, and welfare findings under Planning Code,
Section 302.
November 15, 2021 Land Use and Transportation Committee - RECOMMENDED
November 30, 2021 Board of Supervisors - CONTINUED ON FIRST READING
Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai,
Stefani and Walton
December 07, 2021 Board of Supervisors - PASSED ON FIRST READING
Ayes: 1 O - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani
and Walton
Excused: 1 - Melgar
December 14, 2021 Board of Supervisors - FINALLY PASSED
City and County of San ~Francisco
Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai,
Stefani and Walton
Page I
Printed al 8:50 11111on12115121
File No. 210452
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
12/14/2021 by the Board of Supervisors of
th~ City and County of San Francisco.
Date Approved
Printed at 8: 50 am on 12115121
