Loading...
(a) Purpose. There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Haight-Ashbury neighborhood. A concentration of alcoholic beverage establishments in a neighborhood disrupts the desired mix of land uses that contribute to a livable neighborhood and discourages more desirable and needed commercial uses in the area. A concentration of establishments selling alcoholic beverages in an area may therefore contribute to the deterioration of the neighborhood and to the concomitant devaluation of property and destruction of community values and quality of life. These effects contribute to peace, health, safety and general welfare problems in these areas, including loitering, littering, public drunkenness, driving while intoxicated, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots, and other nuisance activities. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas. These impacts include fear for the safety of children, elderly residents and visitors to the area.
(b) Boundaries. The Haight Street Alcohol Restricted Use Subdistrict (Haight Street Alcohol RUSD) is coterminous with the Haight Street Neighborhood Commercial District as designated on Sectional Maps ZN06 and ZN07. The Haight Street Alcohol RUSD is designated on Sectional Maps SU06 and SU07.
(c) Controls.
(1) Definitions.
(A) A “liquor establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license.
(B) An “on-sale liquor establishment” shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board License type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine public premises), type 47 (on-sale general eating place), type 48 (on-sale general-public premises) or type 57 (special on-sale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to Bars and Restaurants serving alcoholic beverages. It shall not include types 51, 52, 59, 60, 61, 64, 67, 70, 75, or 90.
(C) An “off-sale liquor establishment” shall mean a Liquor Store use.
(D) A1
“unpermitted liquor establishment” shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Haight Street Alcohol RUSD and licensed by the State of California for the retail sale of alcoholic beverages for on or off-site consumption, so long as otherwise lawful.
(E) An “eligible movie theater” shall be a Movie Theater use that contains only a single screen and auditorium, has seating for 150 or fewer persons, and is not a Formula Retail Use as defined in Code Section 303.1.
(2) Limitation on new Liquor Establishments. New on-sale or off-sale liquor establishments shall be permitted in the Haight Street RUSD as a Conditional Use..1
(A) An unpermitted liquor establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of liquor establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:
(i) Except as provided by subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and
(ii) Except as provided by subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation.
(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 unpermitted liquor establishment or an owner-to-owner transfer of an ABC License; or
(ii) Re-establishment, restoration, or repair of an existing unpermitted 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 90 days for repair, renovation, or remodeling;
(iv) Relocation of an existing unpermitted liquor establishment in the Haight Street Alcohol RUSD to another
location within the same Haight Street Alcohol RUSD 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 unpermitted liquor establishment that is also relocating from within the Haight Street Alcohol RUSD.
(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.
(d) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Haight Street Alcohol Restricted Use Subdistrict are within the Fringe Financial Service Restricted Use District estab- lished by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.
(Added by Ord. 229-99, File No. 990991, App. 8/20/99; amended by Ord. 64-06, File No. 051841, App. 4/6/2006; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 88-08, File No. 071669, App. 5/21/2008; Ord. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 205-19, File No. 181211, App. 9/11/2019, Eff. 10/12/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 249-23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024)
AMENDMENT HISTORY
[Former] division (a)(1) amended; Ord. 75-12, Eff. 5/23/2012. Reference amended in [former] division (a)(3)(C); Ord. 235-14, Eff. 12/26/2014. Undesignated introductory paragraph designated as division (a); former divisions (a) and (a)(1) redesignated as divisions (b) and (c)(2) and amended; divisions (c)-(c)(E) added; former divisions (a)(3)-(a)(4)(B)(5) redesignated as divisions (c)(3)-(c)(4)(B)(v) and amended; former divisions (a)(2) and (b)-(b)(4) deleted; former division (c) redesignated as division (d); Ord. 129-17, Eff. 7/30/2017. Division (b) amended; Ord. 205-19, Eff. 10/12/2019. Division (c)(4) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (c)(1)(B), (c)(1)(D), (c)(2) amended; former divisions (c)(3)- (c)(3)(C)(iii)c. deleted; former division (c)(4) redesignated as (c)(3); current divisions (c)(3), (c)(3)(A), (c)(3)(B)(iii)-(iv) amended; division (c)(3)(B)(vi) added; Ord. 249-23, Eff. 1/14/2024. Divisions (c)(3)(B)(i)-(iii) amended; Ord. 85-24, Eff. 5/27/2024.
CODIFICATION NOTE
1. So in Ord. 249-23.
(See Interpretations related to this Section.)
For controls for the Third Street Alcohol Restricted Use District see Section 249.62.
(Added by Ord. 67-03, File No. 021338, App. 4/18/2003; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)
AMENDMENT HISTORY
(Added by Ord. 41-04, File No. 031151, App. 3/19/2004; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; repealed by Ord. 227-14
, File No. 120796, App. 11/13/2014, Eff. 12/13/2014)
Editor's Note:
For current provisions relating to the Divisadero Street Neighborhood Commercial District, see Sec. 746.1.
For current provisions relating to the Divisadero Street Neighborhood Commercial District, see Sec. 746.1.
(a) Findings. There are an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for off-site consumption in the Neighborhood Commercial Cluster Districts located generally along Haight Street at Scott Street and generally along Haight Street at Pierce Street and in the Small-Scale Neighborhood Commercial District located generally along Haight Street at and between Steiner and Webster Streets. The existence of this many off-sale 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, 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 for off-site consumption and the associated problems discourage more desirable and needed commercial uses in the area.
(b) Establishment of the Lower Haight Street Alcohol Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Lower Haight Street Alcohol Restricted Use District (Lower Haight Street Alcohol RUD) is hereby established for the following:
(1) Properties in the Neighborhood Commercial Cluster District located generally along Haight Street at Scott Street;
(2) Properties in the Neighborhood Commercial Cluster District located generally along Haight Street at Pierce Street;
(3) Properties in the Small-Scale Neighborhood Commercial District located generally along Haight Street at and between Steiner and Webster Streets.
The above Neighborhood Commercial Cluster Districts and Small-Scale Neighborhood Commercial District are designated on Sectional Map ZN07 of the Zoning Map of the City and County of San Francisco. Block and lot numbers for the properties included in these districts are on file with the Clerk of the Board of Supervisors in File No. 060537 and are incorporated herein by reference. The Lower Haight Street Alcohol RUD is designated on Sectional Map Number SU07 of the Zoning Map of the City and County of San Francisco.
(1) No new off-sale liquor establishments shall be permitted in the Lower Haight Street Alcohol RUD.
(2) The prohibition on off-sale liquor establishments shall not be interpreted to prohibit the following:
(B) Establishment of an off-sale liquor establishment if an application for such liquor establishment is on file with the California Department of Alcoholic Beverage Control prior to the effective date of this ordinance establishing the Lower Haight Street Alcohol RUD.
(A) A prohibited liquor establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of liquor establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:
(i) Except as provided in subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and
(ii) Except as provided in subsection (B) below, the liquor establishment shall be operated continuously, without substantial changes in mode or character of operation.
(B) A break in continuous operation shall not be interpreted to include the following, provided that, except as indicated below, 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:
(i) A change in ownership of a prohibited liquor establishment or an owner-to-owner transfer of an ABC License;
(ii) Temporary closure for restoration or repair of an existing prohibited liquor establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God;
(iii) Temporary closure of an existing prohibited liquor establishment for reasons other than total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God for not more than thirty (30) days for repair, renovation, or remodeling; or
(iv) Relocation of an existing prohibited liquor establishment in the Lower Haight Street Alcohol RUD to another location within the same Lower Haight Street Alcohol RUD with conditional use authorization from the Planning Commission, provided that the original premises shall not be occupied by a prohibited liquor establishment, unless by another prohibited liquor establishment that is also relocating from within the Lower Haight Street Alcohol RUD.
(c) Definitions. The following definitions shall apply to this Section 784.
(1) An “off-sale liquor establishment” shall mean a Liquor Store use.
(2) A "prohibited liquor establishment" shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of this ordinance and licensed by the State of California for the sale of alcoholic beverages for off-site consumption ("off-sale"), so long as otherwise lawful.
AMENDMENT HISTORY
(a) Findings.
(1) San Francisco is a city of diverse and distinct neighborhoods identified in large part by the character of their commercial corridors.
(2) San Francisco must create a supportive environment for small businesses in order to preserve the unique character of the City and foster a vibrant commercial sector.
(3) One of the eight Priority Policies of the City's General Plan resolves that "existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses enhanced."
(4) The Bayview neighborhood is home to a diverse array of businesses including neighborhood commercial and industrial businesses that serve the working class community. The Third Street Corridor has served as the main merchant corridor for this neighborhood and is receiving significant investment of City resources to revitalize, grow and expand local business opportunities.
(5) As development in San Francisco continues, neighborhoods, including residential and commercial areas in the Bayview area, will be subject to change, and new businesses may wish to locate in the Bayview area, particularly along the Third Street Corridor.
(6) The Third Street Corridor presently has a mix of businesses, housing, shops, work places, community serving uses, religious institutions, parks and civic facilities that create an identifiable neighborhood.
(7) An influx of formula retail businesses can put pressure on existing businesses and potentially price out existing and new independent businesses.
(8) Bayview's mix of businesses, uses and architecture contributes to a strong sense of neighborhood community. The Third Street Corridor is generally of small scale, with buildings that have been identified as potential historic resources or have been landmarked as historic places. There is both architectural variety and variety in the types of goods and services offered on the Third Street Corridor. Additionally the majority of businesses on the Third Street Corridor are locally-owned, many for generations, and some have historically served the diverse ethnic communities of the Bayview.
(9) Standardized architecture, color schemes, decor and signage of many formula retail businesses can detract from the distinctive character of the Bayview neighborhood community.
(10) The increase of formula retail businesses in the Third Street Corridor, if not monitored and regulated, will hamper the City's goal of a diverse retail base within distinct neighborhood communities.
(11) In 2004 the Board of Supervisors adopted a redevelopment plan ("Redevelopment Plan") for the Bayview Hunters Point Project Area, which was subsequently amended in 2010. The Redevelopment Plan was the result of years of community based planning efforts with the goal of revitalizing the area to create new parks and open space, retail opportunities, affordable housing and other community benefits. Three of the objectives outlined in the Redevelopment Plan are focused on supporting the commercial activities of the Third Street Corridor. Specifically, Section 1.2.1 lists these objectives as: strengthening the economic base of the Project Area and the community by strengthening retail and other commercial functions within the Project Area, retaining existing residents and existing cultural diversity to the extent feasible, and supporting locally-owned small businesses and local entrepreneurship.
(12) One of the goals of the Redevelopment Plan was to provide structure and limitations to the development of the Bayview to encourage uses that would benefit the neighborhood, create new economic development opportunities and draw more residents and patrons to the Third Street Corridor. By establishing a Conditional Use process, both the City and the community have an opportunity to review and provide comments on any proposed location, expansion or alteration of formula retail uses to ensure that they meet the objectives of the Redevelopment Plan.
(13) The unregulated and unmonitored establishment of additional formula retail uses may unduly limit or eliminate business establishment opportunities for non-traditional or unique businesses, thereby decreasing the diversity of merchandise and merchants along the Third Street corridor.
(14) The public welfare of the Bayview residential, retail and business community is served by the monitoring and regulating of formula retail businesses on Third Street, for these reasons and the reasons set forth in Planning Code Section 303.1.
(b) Boundaries. The Third Street Formula Retail Restricted Use District shall regulate all properties fronting Third Street between Williams Avenue and Paul Street. The following restrictions shall apply within the district.
(c) Conditional Use Authorization Required. A Conditional Use Authorization shall be required for any new formula retail use, as defined in Planning Code Section 303.1, in the Third Street Formula Retail Restricted Use District.
(d) Change in Use. Planning Code Section 303.1 shall apply to any changes in a formula retail use in the Third Street Formula Retail Restricted Use District.
(e) Conditional Use Criteria. With regard to Conditional Use Permit applications for formula retail uses within the Third Street Formula Retail Restricted Use District, the Planning Commission shall consider the criteria set forth in Planning Code Sections 303(c) and 303.1. The procedures and requirements of Planning Code Section 303 shall apply to Formula Retail Uses in the Third Street Formula Retail Restricted Use District, except as explicitly modified in this Section 786.
(Former Sec. 786 added by Ord. 151-09, File No. 090141, App. 7/10/2009)
AMENDMENT HISTORY
Editor's Note:
Former Sec. 786 ("Lower Haight Street Tobacco Paraphernalia Restricted Use District") was repealed by operation of its sunset provision three years after its initial effective date. See Sec. 5 of Ord. 151-09.
Former Sec. 786 ("Lower Haight Street Tobacco Paraphernalia Restricted Use District") was repealed by operation of its sunset provision three years after its initial effective date. See Sec. 5 of Ord. 151-09.
Loading...