DRAFT OF PROPOSED POLK STREET LEGISLATION
[Planning Code – Polk Street Alcohol and Tobacco Paraphernalia Restrictions]
Ordinance amending the San Francisco Planning Code by (1) amending Section 723 to extend the restriction on Tobacco Paraphernalia Establishments in the Polk Street Neighborhood Commercial District (NCD) for an additional three years and apply it to an area within one-quarter mile of the boundaries of the NCD, (2) adding new Section 788 to establish the Lower Polk Street Alcohol Restricted Use District for the properties located on Polk Street between California and O’Farrell Streets, and Polk Street’s side streets between California Street, Larkin Street, O’Farrell Street and Van Ness Avenue; (3) Amending the Zoning Map to designate the Lower Polk Street Alcohol Restricted Use District on Map Sheet ZN-02, and (4) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
NOTE: Additions are single-underline italics Times New Roman;
strike-through italics Times New Roman.
Board amendment additions are double-underlined;
Board amendment deletions are
Do NOT delete this NOTE: area.
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 Environmental Quality Act (California Public Resources Code Section 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 12-1065 and is incorporated herein by reference.
(b) 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. ______ and the Board incorporates such reasons herein by reference. A copy of Planning Commission Resolution No. _____ is on file with the Clerk of the Board of Supervisors in File No. 12-1065.
(c) This Board finds that these Planning Code amendments are consistent with the General Plan and with the Priority Policies of Planning Code Section 101.1 for the reasons set forth in Planning Commission Resolution No. ______, and the Board hereby incorporates such reasons herein by reference.
Section 2. The San Francisco Planning Code is hereby amended by amending Section 723, to read as follows:
SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT
ZONING CONTROL TABLE
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SPECIFIC PROVISIONS FOR THE POLK STREET NEIGHBORHOOD
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Tobacco Paraphernalia Establishments – Tobacco Paraphernalia Establishments are not permitted in the Polk Street Neighborhood Commercial District and within one-quarter mile of the boundaries of that Neighborhood Commercial District. The special definition of "Tobacco Paraphernalia Establishments" applicable to the Polk Street Neighborhood Commercial District shall be repealed
Section 3. The San Francisco Planning Code is hereby amended by adding new Section 788, to read as follows:
SEC. 788. LOWER POLK STREET ALCOHOL RESTRICTED USE DISTRICT.
(a) Findings. There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for off-site consumption on Polk Street between California Street and O’Farrell Street, and Polk Street’s side streets between, but not including, Van Ness Avenue and Larkin Street to the west and east, and between, but not including, California Street to O’Farrell Street to the north and south. The existence of this many alcoholic beverage establishments appears to contribute directly to numerous peace, health, safety and general welfare problems in the area, including loitering, littering, public drunkenness, defacement and damaging of structures, and pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas, including fear for the safety of children, elderly residents, and visitors to the area. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of establishments selling alcoholic beverages and the associated problems discourage more desirable and needed commercial uses in the area.
(b) Establishment of the Lower Polk Street Alcohol Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Lower Polk Street Alcohol Restricted Use District is hereby established for the properties located on Polk Street between California Street and O’Farrell Street, and Polk Street’s side streets between, but not including, Van Ness Avenue and Larkin Street to the west and east, and between, but not including, California Street and O’Farrell Street to the north and south. The Lower Polk Street Alcohol Restricted Use District shall be designated on Map Sheet Number ZN-02 on the Zoning Map of the City and County of San Francisco.
(1) A “liquor establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business & Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license. It shall not be interpreted to mean an establishment that (A) operates as a Bona Fide Eating Place, as defined in Section 790.142 of this Code, or (B) operates as an “other retail sales and service”use that sells general groceries or specialty groceries, as defined in Planning Code Section 790.102 (a) or (b), respectively; or (C) operates during daytime hours but operates no later than 12:00 midnight, and is not a location for Entertainment.
(2) An “off sale liquor establishment” shall mean a Liquor Store as defined in Planning Code Section 790.55.
(3) An “on sale liquor establishment” shall mean a Bar as defined in Planning Code Section 790.22
(1) No new on-sale or off-sale liquor establishment shall be permitted in the Lower Polk Street Alcohol Restricted Use District; provided that a liquor establishment located in the Lower Polk Street Alcohol Restricted Use District may transfer its alcohol license to another site, either within or outside the Lower Polk Street Alcohol Restricted Use District; provided further that a liquor establishment located outside the Lower Polk Street Alcohol Restricted Use District shall not transfer any alcohol license to a liquor establishment located within the Lower Polk Street Alcohol Restricted Use District; and provided further that any transfer of a liquor license to a new location within the Lower Polk Street Alcohol Restricted Use District shall require a conditional use permit for the new liquor establishment.
(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 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, provided that permit applications for the repair, renovation or remodeling work shall be submitted to the City upon or 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.
(3) All new entertainment permits at a new location, including Limited-Live Performance Locales as defined in Section 1060 of the Police Code, shall be principally permitted.
(4) New Restaurants with Types 47 and 49 liquor licenses may operate past 12:00 midnight provided that the Restaurant serves food in the following manner, until the time it closes:
(A) It continues to serve meals to guests for compensation and has available kitchen facilities connected therewith, for cooking of an assortment of foods which may be required for ordinary meals; and
(B) "Meals" that are offered after midnight shall mean an assortment of foods commonly ordered at various hours of the day for breakfast, lunch or dinner. Incidental food service, comprised only of appetizers to accompany drinks, is not considered a meal. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance; and
(C) "Guests" shall mean persons who come to the Restaurant after midnight for the purpose of obtaining, and actually order and obtain at such time, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.
(e) Sunset Provision. This Section 788 shall 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.
Section 4. The Zoning Map of the City and County of San Francisco shall be amended by amending Sectional Map ZN-02 to establish the boundaries of the Lower Polk Alcohol Restricted Use District and shall include the properties located between, but not including, Van Ness Avenue, Larkin Street, O’Farrell Street and California Street, which includes the following Assessor’s Block Numbers, but shall not include the lots within these Assessor’s Block Numbers that front on Van Ness Avenue, Larkin Street, O’Farrell Street and California Street:
Assessor’s Block Numbers 0645, 0646, 0667, 0668, 0669, 0670, 0691, 0692, 0693, 0694, 0715, and 0716.
Section 5. Effective Date. This ordinance shall become effective 30 days from the date of passage.
Section 6. Applicability Date. This ordinance shall not apply to any liquor establishment that has filed a complete application for a liquor license with the California Alcoholic Beverage Control Board prior to the Effective Date of this Ordinance.
Section 7. This section is uncodified. In enacting this ordinance, the Board intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation, charts, diagrams, or any other constituent part of the Planning Code that are explicitly shown in this legislation as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the legislation.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
KATE H. STACY
Deputy City Attorney