|
i[!:S~LECTED~ SECTIONS OF THE SAN FRANCISCO, CALIFORNIA, REQUIREMENT FOR A CONDITIONAL USE PERMIT PROCESS
<br />SPECIFIC TO COFFEEHOUSES IN THE NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT
<br /> 722.1. NORTH BEACH NEIGHBORHOOD (C) Beverages served in disposable or non-disposable containers for
<br />>.~'C©MMERCIAL DIST1LICT consumption on or off the premises,
<br />
<br />~5.N°rth. Beach'~ earing, drinking; and entertainment esta{)lishments remain open
<br />¥?n[°:;she evening co serve a much wider trade area and attract many tourists,
<br />7:Tlie: balance between neighborhood-serving convenience scores and citywide
<br />'~:i0~cja.it'7 businesses has shifted gradually, as some convenience stores have been
<br />'.'}ePfaced by bakeries, ice cream parlors, and restaurants...The North Beach
<br />:.:/Diitrict controls are designed ro ensure the livabiliry and attractiveness of North
<br />Beac~i... Small-scale, neighborhood-serving businesses are strongly encouraged.
<br />
<br />:'55ECi5722. NORTH BEACH NEIGHBORHOOD COMMERCIAL
<br />: ;(DISTRICT ZONING CONTROL TAI3LE, SPECIFIC PROVISIONS
<br />5~:I~ORTHE NORTH BEACH NEIGHBORHOOD COMMERCIAL
<br />~: DK~TRICT NORTH BtL4.CH SPECIALTY RETAiL USES
<br />::Con?rols= Retail coffee stores defined pursuant to Code § 790.102(n} [editor's
<br /> ho~:e:.:see belowl are not permitted without conditional use authorization except
<br /> chi extent qualifying as specialty grocery permitted pursuant to qa 790.102(b)
<br />:: :¢~isor's note: see be~o,~i
<br />:'5::SECii790.102. SA;LES AND SERVICE~, OTHER RETAiL.
<br />~:~A:retail use which provides goods and/or services but is noir listed as a separate
<br />:5 zohing category in zoning category numbers .41 through .63 listed inArticle 7
<br />),0gtkis Code, including, bur not limited m, sale or provision of the following
<br />~.g°ods and services:
<br /> :SPecial. gro.eries such as cheese, confections, coff=, meat, produce;
<br />V!(~3)~i~Ret.,'[ co~ee stores. As used herein, retail coffee store means,
<br /> !57::{t) A retail drinking use which provides ready-to-drink coffee and/or other
<br />
<br />nonalcoholic beverages for consumption on or off the premises, which
<br />may or may not provide seating, l~ intended design is not to serve
<br />prepared ready-to-eat food ~br consumption on or off the premises,
<br />except where a conditional use is granted for an exception in the West
<br />Portal NCD pursuant to the "Specific Provisions t'or the West Portal
<br />District." Such use exhibits the Following characteristics:
<br />fA) Contains no more than 15 seats with no more than 400 square
<br /> feet of floor area devoted to seating,
<br />(B) A limited menu of beverages prepared on the premises and able
<br /> to be quickly prepared for consumption on or offthe premises,
<br />
<br /> (D) Beverages are ordered and served at a customer service counter,
<br /> (E) Beverages are paid for prior to consumption,
<br /> (F) Public service area, including queuing areas and service counters,
<br /> which counters are designed specifically for the sale and
<br /> distribution of beverages;
<br /> (G) Beverages are available upon a short waiting time,
<br /> (H) Equipment to prepare beverages for consumption,
<br /> fi) Limited amount of non-prepackaged food goods may be served,
<br /> such as pastries or similar goods,
<br /> (J) No on-site food preparation, and no equipment to cookor reheat
<br /> food or prepare meals ocher than that connected to beverage
<br /> preparation, except where a conditional use is granted for an
<br /> exception in the West Portal NCD pursuant to the "Specific
<br /> Provisions for the West Portal District."
<br /> (K) Coffee beans, tea, syrups, herbs and other beverage-based products
<br /> and equipmen~ to make and/or reconstitute beverages or consume
<br /> coffee, tea and/or other beverages may be sold.
<br />[t may include any use permitted for specialty grocery, as defined in Section
<br />790.102(b), bur if so, such use shill nor ihclude accessory take-out food
<br />activity, as described in Section 703.2(b)(I)(C)'of chis Code, except to the
<br />extent permitted by this Subsection 790.102(n). It is distinct and separate
<br />from a small self-service or large fast-food restaurant, as defined in Section
<br />790.90 and 790.91 of this Code, or a full-service restaurant as defined in
<br />Section 790.92 of chis Code.
<br />(2) It shall be conducted in accordance with the following conditions:
<br /> fA) All debris boxes shall be kept in enclosed structures,
<br /> (B) The operator shall be responsible for cleaning the sidewalk in
<br /> front of or abutting the building to maintain the sidewalk free of
<br /> paper or other litter during irs business hours, in accordance with
<br /> Article l, Section 34 of the San Francisco Police Code,
<br /> (C) Noise and odors shall be contained within the premises so as not
<br /> to be a nuisance to nearby residents or neighbors.
<br />
<br />;~cata's lead. Still, there is some evidence that concern is
<br />
<br />Failed, The strongest protections chat San Francisco has been able to
<br />
<br />18
<br />
<br />growing about the effects of corporate retailing on 16cai
<br />economies. For example, in nearby blue-collar Eureka, the
<br />county seat and the largest city in Humboldt County, city
<br />leaders are developing an ordinance that would require an
<br />economic impact review for new retail establishments of more
<br />than 40,000 square Feet. Chris Kerrigan, a councilperson elected
<br />shortly after Eureka citizens defeated a 1999 rezone action
<br />promoted by Wal-Mart, says "We've spent millions and more
<br />than a decade trying co turn our downtown around. We need to
<br />protect that investment."
<br /> But the transferability of zoning protection From Main Street rD
<br />the rest of America remains problematic. San Francisco's Jim Davis,
<br />chief planner in that city's neighborhood planning unit, says that
<br />numerous attempts to pass similar local business protection and
<br />anti-corporate laws in rite progressive Bay Area metropolis have
<br />
<br />institute ['or Local Self-Reliance (ILSR), www. newrules.org
<br />Boulder independent Business Alliance (BIBA), www. boulder-iba.org
<br />Ithaca Hours Local Currency, www. ithacahours.org
<br />Jo Noble, Associate P!anuer, City of Caliscoga, 1232 \Vashington St.,
<br /> Caiistoga, CA 9451. 5
<br />Michael Mutlen, ^~c?, Planning Programs Manager, City of Arcara
<br /> Community Development Department, 736 F Street,
<br /> Arcaca, Cailfornia 95521
<br />Jim Davis, City of San Francisco Planning ©epartmenc,
<br /> 1660 Mission Street, San Francisco, Catii'ornia 94103
<br />Sidnie Olson, AIcp, Senior P[anner, City of Eureka Planning and
<br /> Development Department, 531 [( Street, Eureka, California 9550
<br />
<br />muster is a 1999 requirement for a conditional use permit process
<br />specific to coffeehouses in North Beach, a measure chat appears to
<br />be targeting the Starbuckz chain.
<br /> Ifa trend exists, this creative foray into land-use rulemaking
<br />may prove most successful in communities chat meet a unique
<br />set of geographic and social criteria~those that are relatively
<br />small in size with tourism-based economies and progressive-
<br />thinking citizens. Regardless of the isolation of the Formula
<br />business ordinance trend, communities.with them are showing
<br />how zoning powers can address vexing problems. Anti-formula
<br />towns have taken a giant leap toward understanding urban form
<br />by actmowledging the correlation between the built
<br />environment--either on Main Street or at town's edge--and the
<br />social and economic _problems that manifest as a result oFit. In
<br />so doing, formula business ordinances are more than basic
<br />urban design protections. They protect community values,
<br />
<br />ZoningNews is a monthly newsletter published by the American Planning Association.
<br />Subscriptions are available for 560 (U.S,) and $82 (foreign}. W, Paul Farmer, .~lcv, Executive
<br />Dircccor~ William g. [~ein, airy, Director o(Reaearch.
<br />
<br />Zoning News is produced at APA: Jim Schwab, mcr', and Michaet Davidson, Editors: Barry Bain,
<br />ami,, Fay Do[nick, Josh Edwards, Sanjay Jeer, amp, Megan Lewis, ^lcr,, Marya Morris,
<br />Roberto Requejo, Lynn Ross, Reporters: Sherrie Matthews, ,~sisrant Editor; Lisa Barton,
<br />Design and Production.
<br />Copyright 02003 by American Planning Association, ~22 S. Michigan Ave., Suite 1600,
<br />Chicago, IL 60603. The American Planning Association al~o h:~ offices ar 1776 Massachusetts
<br />Ave,, N.W., Washington, DC 20036; v,-,vw, planning,urg
<br />All rights reserved. No part of chis publication may be reproduced or udlized in any tbrm or by any
<br />means, electronic or mechanical, including photocopying, recording, orby any inibrmadon storage
<br />and cetriev~ system, without permisston in wridng from the Amedcan Planning Association.
<br />Punted on recycled paper, including 50-70% recycled fiber
<br />and LO% postconsumer waste.
<br />
<br />
<br />
|