§ 803.5.

GOOD NEIGHBOR POLICIES GOVERNING USES IN MIXED USE DISTRICTS

a.

Bars and Restaurants in the Eastern Neighborhoods Mixed Use Districts and South of Market Mixed Use Districts. Within the Eastern Neighborhoods Mixed Use Districts and South of Market Mixed Use Districts, bars and restaurants, permitted pursuant to Sections 813 through 818, and 840 through 843 of this Code, shall not be allowed except on conditions which, in the judgment of the City agency, board or commission which last exercises jurisdiction to apply this Code to a proposed such use, are reasonably calculated to insure that:

1.

the quiet, safety and cleanliness of the premises and its adjacent area are maintained;

2.

adequate off-street parking is provided, for which purpose the agency, board or commission may require parking in excess of that required under the provisions of Section 150(c) of this Code and may include participation in a South of Market Parking Management Program if and when such a program exists ;

3.

proper and adequate storage and disposal of debris and garbage is provided;

4.

noise and odors are contained within the premises so as not to be a nuisance to neighbors; and

5.

sufficient toilet facilities are made accessible to patrons, including persons waiting to enter the establishment.

b.

Good Neighbor Policies for Nighttime Entertainment Activities in Eastern Neighborhoods Mixed Use Districts, South of Market Mixed Use Districts and Downtown Residential Districts. Within Eastern Neighborhoods Mixed Use Districts, South of Market Mixed Use Districts, and Downtown Residential Districts where nighttime entertainment activities, as defined by Section 102.17 of this Code, are permitted as a principal or conditional use shall not be allowed except on conditions which, in the judgment of the Zoning Administrator or City Planning Commission, as applicable, are reasonably calculated to insure that the quiet, safety and cleanliness of the premises and vicinity are maintained. Such conditions shall include, but not be limited to, the following:

1.

Notices shall be well-lit and prominently displayed at all entrances to and exits from the establishment urging patrons to leave the establishment and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood; and

2.

Employees of the establishment shall be posted at all the entrances and exits to the establishment during the period from 10:00 p.m. to such time past closing that all patrons have left the premises. These employees shall insure that patrons waiting to enter the establishment and those existing in the premises are urged to respect the quiet and cleanliness of the neighborhood as they walk to their parked vehicle or otherwise leave the area; and

3.

Employees of the establishment shall walk a 100-foot radius from the premises some time between 30 minutes after closing time and 8:00 a.m. the following morning, and shall pick up and dispose of any discarded beverage containers and other trash left by area nighttime entertainment patrons; and

4.

Sufficient toilet facilities shall be made accessible to patrons within the premises, and toilet facilities shall be made accessible to prospective patrons who may be lined up waiting to enter the establishment; and

5.

The establishment shall provide outside lighting in a manner than would illuminate outside street and sidewalk areas and adjacent parking, as appropriate; and

6.

The establishment shall provide adequate parking for patrons free of charge or at a rate or manner that would encourage use of parking by establishment patrons. Adequate signage shall be well-lit and prominently displayed to advertise the availability and location of such parking resources for establishment patrons; and

7.

The establishment shall provide adequate ventilation within the structures such that doors and/or windows are not left open for such purposes resulting in noise emission from the premises; and

8.

Any indoor and/or outdoor activity allowed as a principal or conditional use and located within 100 feet of a residential or live/work unit shall, during the period from 10:00 p.m. to 6:00 a.m., insure that sound levels emanating from such activities do not exceed the acceptable noise levels established for residential uses by the San Francisco Noise Ordinance; and

9.

The establishment shall implement other conditions and/or management practices, including the prohibition of dancing to recorded music (disco dancing), as determined by the Zoning Administrator, in consultation with Police Department and other appropriate public agencies, to be necessary to insure that management and/or patrons of the establishments maintain the quiet, safety, and cleanliness of the premises and the vicinity of the use, and do not block driveways of neighboring residents or businesses.

c.

Good Neighbor Policies for Programs Serving Indigent Transient and Homeless Populations Within the Eastern Neighborhoods Mixed Use Districts and South of Market Mixed Use Districts. Within the Eastern Neighborhoods Mixed Use Districts and South of Market Mixed Use Districts where social service and shelter/housing programs serving indigent transient and/or homeless populations are allowed as a Conditional Use pursuant to Sections 813.15 through 843.15 (Group Housing) and Sections 813.21 through 843.21 (Social Services), some or all of the following conditions shall, when appropriate for specific cases, be placed upon any applicable City permits for the proposed establishment:

1.

Service provides shall maintain sufficient monetary resources to enable them to satisfy the following “good neighbor” conditions and shall demonstrate to the Department prior to approval of the conditional use application that such funds shall be available for use upon first occupancy of the proposed project and shall be available for the life of the project; and

2.

Representatives of the Southern, Mission, and Bayview Stations of the San Francisco Police Department shall be apprised of the proposed project in a timely fashion so that the Department may respond to any concerns they may have regarding the proposed project, including the effect the project may have on Department resources; and

3.

Service providers shall provide adequate waiting areas within the premises for clients and prospective clients such that sidewalks are not used as queuing or waiting areas; and

4.

Service providers shall provide sufficient numbers of male and female toilets/restrooms for clients and prospective clients to have access to use on a 24-hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings; and

5.

Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; and

6.

Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where s/he may seek similar services; and

7.

Service providers shall maintain the side-walks in the vicinity in a clean and sanitary condition and, when necessary, shall steam clean the sidewalks within the vicinity of the project. Employees or volunteers of the project shall walk a 100-foot radius from the premises each morning or evening and shall pick up and properly dispose of any discarded beverage and/or food containers, clothing, and any other trash which may have been left by clients; and

8.

Notices shall be well-lit and prominently displayed at all entrances to and exits from the establishment urging clients leaving the premises and neighborhood to do so in a quiet, peaceful and orderly fashion and to please not loiter or litter; and

9.

Service providers shall provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises; and

10.

The establishment shall implement other conditions and/or measures as determined by the Zoning Administrator, in consultation with other City agencies and neighborhood groups, to be necessary to insure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

History

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 207-02, File No. 020782, App. 10/18/2002; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008)

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