Legislation Impacting Small Business

OSB Logo 2016

The Small Business Commission (SBC) reviews pertinent small business legislation and policy matters and makes recommendations to the sponsor of the legislation, including the Mayor, Board of Supervisors, or other city agency. With your comments, the Commission will be better equipped to advocate for you and your business.

This page lists current and recent legislation of interest to the Small Business Commission (including a section pertaining to cannabis). To alert the Commission of additional legislation or to submit comments, please email us or use the web form at the bottom of this page. 

Small Business Commission meetings are held on the 2nd Monday of the month at 5:30 PM and the 4th Monday of each month at 2:00 PM in Room 400. Please check back periodically for changes and special meeting times. Commission meetings are open to the public and broadcast live on SFGTV.


Legislation of Interest to the Small Business Commission 
(updated 7/19/17)

 

PENDING ACTION BY BOARD OF SUPERVISORS / MAYOR

Ordinance amending the Planning Code to allow a grocery store that may be defined as a formula retail use in the Fulton Street Grocery Store Special Use District, and adding criteria for approval; extending the duration of the controls; and making environmental findings, findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302.

 

Ordinance amending the Public Works Code to prohibit the operation of autonomous delivery devices on sidewalks and right-of-ways within the jurisdiction of Public Works, amending the Police Code to provide for administrative, civil, or criminal penalties for unlawful operation of autonomous delivery devices; and affirming the Planning Department’s determination under the California Environmental Quality Act.
 
Ordinance amending the Planning Code to limit the number of medical cannabis dispensaries in Supervisorial District 11 to three at any given time; 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 making a finding of public necessity, convenience, and welfare pursuant to Planning Code, Section 302.
Small Business Commission Recommendation: To Not Approve
 
Ordinance amending the Planning Code to 1) limit lot sizes in the Pacific Avenue Neighborhood Commercial District (“Pacific NCD”) and the Polk Street Neighborhood Commercial District (“Polk NCD”); 2) limit the size of non-residential uses in the Pacific NCD and Polk NCD, and exempting movie theaters in the Polk NCD from certain size limits; 3) restrict lot mergers in the Pacific NCD and Polk NCD; 4) require ground floor commercial uses in the Polk NCD and on certain portions of Pacific Avenue; 5) modify residential and non-residential off-street parking requirements in the Pacific NCD and Polk NCD; 6) prohibit garage entries, driveways, or other vehicular access to off-street parking or loading on certain streets and alleys in the Pacific NCD and Polk NCD; 7) deem nonconforming uses in the Polk NCD to be discontinued after 18 months of non-use; 8) clarify procedures for abating a Conditional Use authorization; 9) modifying the maximum concentration of eating and drinking uses in the Polk NCD; 10) prohibit and restrict medical service, massage establishment, kennel, and agriculture uses in the Polk NCD; 11) prohibit storefront mergers in Polk NCD; 12) prohibit and restrict medical service, kennel, and agriculture uses in the Pacific NCD; 13) modify the required dwelling unit mix in the Polk NCD and Pacific NCD; 14) require Conditional Use authorization before replacing a Legacy Business in Polk NCD and Pacific NCD; 15) prohibit removal, demolition, merger, or conversion of certain residential units in Polk NCD and Pacific NCD; and 16) correct, clarify, and simplify language in other Planning Code Sections; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Small Business Commission Recommendation: To Approve

 

BOS File No. 170419 [Planning Code - Commercial Uses in North Beach; Technical and Other Amendments] (Heard by SBC: 6/12/17)

Ordinance amending the Planning Code to 1) support Legacy Businesses; 2) expand the definition of historic buildings and impose additional requirements in the Broadway NCD and North Beach SUD; 3) prohibit certain uses in the North Beach SUD; 4) reduce the lot size limit in the North Beach SUD; 5) modify the requirements for approval of parking garages in the Telegraph Hill-North Beach Residential SUD, the North Beach NCD, and Chinatown Mixed Use Districts; 6) reduce off-street parking spaces permitted for residential uses in the Telegraph Hill - North Beach Residential SUD, and the Broadway and North Beach NCDs; 7) revise the definition of Formula Retail; 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 findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Small Business Commission Recommendation: To Approve with Provision

 

BOS File No. 170443 [Police Code - Outdoor Amplified Sound Permits] (Heard by SBC: 5/8/17)

Ordinance amending the Police Code to recodify and revamp permit procedures for outdoor amplified sound by providing for distinct permits for Fixed Place Outdoor Amplified Sound, One Time Outdoor Amplified Sound, and Sound Trucks, and establishing fees for those permits, while also providing amplified sound requirements for Place of Entertainment and Limited Live Performance permits; to impose a fee for Sound Monitoring; to increase the fee for One Time Event permits; to declare operation of a business without these various permits (when required) to be a public nuisance; and to strengthen penalties for permit-related violations and noise violations; and making environmental findings.

Small Business Commission Recommendation: To Approve

 

BOS File No. 170209 [Police Code - Bicycle Chop Shops] (Heard by SBC: 4/24/17)

Ordinance amending the Police Code to prohibit the assembly, disassembly, sale, offer of sale, distribution, or offer of distribution on public property or public rights-of-way of bicycles and bicycle parts, under certain conditions and with certain exceptions; authorize the Police Department (SFPD) to seize bicycles and bicycle parts following violations of this prohibition; and require SFPD to return seized items to their rightful owners without charging any fees, except that SFPD may charge an impound fee if the rightful owner consented to or participated in the acts that led to the seizure.

Small Business Commission Status: Continued; Sponsor committed to return for follow-up.

 

 

BOS File No. 161229 [Planning Code - Medical Cannabis Dispensaries] (Delayed until Summer/Fall 2017. 220-day extension filed for Planning Commission Review -- BOS File No. 170183)
Ordinance amending the Planning Code to allow Medical Cannabis Dispensaries to be located on the second story and above in zoning districts in which they are permitted; 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 making a finding of public necessity, convenience, and welfare under Planning Code, Section 302.
 
Ordinance amending the Planning Code to reorganize Article 7 and to update, correct, clarify, and simplify Code language in other Planning Code Sections; requiring Conditional Use authorization for Bars, and Liquor Stores on the first floor in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts (“NCDs”); enacting permanent controls requiring Conditional Use authorization for Medical Cannabis Dispensaries in the Noriega, Irving, Taraval, and Judah NCDs; require Conditional Use authorization for Personal Services on the second floor in the Noriega, Irving, Taraval, and Judah NCDs; prohibit Kennels, Large Scale Urban Agriculture, Business Hours from 2 a.m. to 6 a.m., and the demolition or merge of units on the second story and above in the North Beach NCD; preserve the small storefronts, street frontage and prohibit vehicular access on certain streets within the North Beach NCD and “SUD”); create the definition of Special Food Manufacturing and amending the Eating and Drinking Controls for the North Beach SUD; 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 convenience, necessity, and welfare under Planning Code, Section 302.
Small Business Commission Recommendation: To Approve
Passed BOS 6/20/17. Signed by Mayor 6/30/17.
 
Ordinance amending Planning Code, Article 7, to delete Zoning Control Tables that are superseded by new Zoning Control Tables in a companion ordinance and to delete duplicate definitions previously relocated to Article 2 and related outdated text; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
Passed BOS 6/20/17. Signed by Mayor 6/30/17.
 
Ordinance amending the Planning Code and Zoning Map to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and correct the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for groundfloor PDR uses; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302.
Small Business Commission Recommendation: To Approve
Passed in BOS 5/16/17. Signed by Mayor 5/26/17.
 
Ordinance amending the Planning Code to clarify and consolidate language, delete redundancies and outdated provisions, correct typographical errors and erroneous cross-references, and make minor substantive changes to update provisions in various sections that deal with parking and loading requirements; affirming the Planning Department’s California Environmental Quality Act determination; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302.
Small Business Commission Recommendation: To Approve
Passed BOS 5/9/17. Signed by Mayor 5/19/17.
 
Ordinance amending the Downtown Support Special Use District to authorize a monetary contribution (in lieu fee) to satisfy required on-site open space requirements, exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
Passed BOS 4/11/17. Signed by Mayor 4/14/17.
 
Ordinance amending the Planning Code to create the Calle 24 Special Use District, and revising the Zoning Map to reflect the Calle 24 Special Use District generally bounded by 22nd Street, Potrero Avenue, Cesar Chavez Street, and Capp Street, as well as 24th Street to Bartlett Street, and as more specifically defined in this Ordinance; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
Small Business Commission Recommendation: To Approve
Passed BOS 3/21/17. Signed by Mayor 3/31/17.
Ordinance amending the Commerce and Industry Element of the General Plan to update the guidelines regarding overconcentration of Eating and Drinking Establishments in a single area; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
Small Business Commission Recommendation: To Approve
Passed in BOS 3/14/17. Signed by Mayor 3/24/17.
 
Ordinance amending the Administrative and Planning Codes to authorize the Entertainment Commission to hold a hearing on noise issues related to proposed projects for construction of new hotels and motels, or conversions of existing structures to hotel or motel uses, to be located within 300 feet of a Place of Entertainment, and to provide recommendations to the Planning Department and/or Department of Building Inspection regarding such projects, and require the Planning Department and Planning Commission to consider noise issues when reviewing proposed hotel and motel projects; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
Small Business Commission Recommendation: To Approve
Passed by BOS 2/28/17. Signed by Mayor 3/10/17. 
 
Ordinance replacing a provision of the Planning Code with a new provision of the Administrative Code requiring all City buildings that are accessible to the public to install and maintain at least one baby diaper-changing accommodation that is accessible to women and one that is accessible to men, or a single diaper-changing accommodation that is accessible to all genders; amending the Police Code to require businesses that make a baby diaper-changing accommodation available in a restroom accessible to women to also install and maintain a baby diaper-changing accommodation in a restroom accessible to men or accessible to all genders; amending the Building Code to require that new public-serving establishments, and substantially renovated public-serving establishments, install baby diaper-changing accommodations; making findings, including environmental findings, findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings under the California Health and Safety Code regarding building standards; and directing the Clerk to forward this ordinance to the California Building Standards Commission upon final passage.
Small Business Commission Recommendation: To Approve
 
Ordinance amending the Health Code to prohibit pet stores from selling dogs or cats not obtained from animal rescue organizations or shelters, and prohibiting the sale of puppies or kittens under eight weeks old.
Small Business Commission Recommendation: To Approve
Passed by BOS 2/28/17. Signed by Mayor 3/10/17. 
 
Ordinance amending the Administrative, Business and Tax Regulations, and Police Codes to eliminate various fees imposed by the City.
Small Business Commission Recommendation: To Approve
Passed by BOS 2/14/17. Signed by Mayor on 2/24/17.
 
Ordinance amending Administrative Code, Chapter 41, to update the Hotel Conversion Ordinance, including: adding or refining definitions of tourist and transit use, comparable unit, conversion, and low-income household; revising procedures for permits to convert residential units; harmonizing fees and penalty provisions with the Building Code; eliminating seasonal short-term rentals for residential hotels that have violated provisions of the Hotel Conversion Ordinance in the previous year; authorizing the Department of Building Inspection to issue administrative subpoenas; adding an operative date; and affirming the Planning Department’s determination under the California Environmental Quality Act.
Passed by BOS 2/7/17. Signed by Mayor on 2/17/17.
 
Ordinance amending the Business and Tax Regulations Code to remove the $100 minimum penalty from one of the penalties for failing to register with the Tax Collector; and to remove the fee and administrative requirements for obtaining a duplicate registration certificate.
Small Business Commission Recommendation: To Approve
Passed by BOS 2/7/17. Signed by Mayor on 2/17/16.
 
Ordinance amending the Planning Code to establish a citywide Transportation Demand Management (TDM) Program, to require Development Projects to incorporate design features, incentives, and tools that support sustainable forms of transportation; to create a new administrative fee to process TDM Plan applications and compliance reports; and to make conforming amendments to various sections of the Planning Code; 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. Legislative Digest;TDM Fact SheetTDM Executive Summary, SF Planning Department, Hearing Date: February 11, 2016 (see Attachment B, pages 22-37, for text of draft ordinance)
Passed by BOS 2/7/17. Signed by Mayor on 2/14/17.
 
Ordinance amending the Business and Tax Regulations Code to modify the quarterly filing and payment requirements for payroll expense taxes and gross receipts taxes, to clarify the requirements for obtaining a return filing extension, and to expressly permit taxpayers to apply refunds of the business registration fee, the payroll expense tax, and the gross receipts tax to subsequent tax periods.
Small Business Commission Recommendation: To Approve
Passed by BOS 1/31/17. Signed by Mayor 2/10/17.
 
Ordinance amending the Planning Code to prohibit a change of use from a business or professional service use to a medical service use on the first floor or below in the Sacramento Street Neighborhood Commercial District; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302.
Small Business Commission Recommendation: To Approve
Passed by BOS 1/31/17. Signed by Mayor on 2/10/17.
 
CALIFORNIA: Commercial Cannabis Sales
 
We encourage your attendance at our bi-weekly Small Business Commission meetings.  You may also use this form to provide feedback on the above described legislation or send comments to SBC@sfgov.org.
Email the Board of Supervisors at Board.Of.Supervisors@sfgov.org or go to www.sfbos.org to locate the contact information for individual Supervisors and their staff.