Under current Planning Code rules for the Polk Street NCD Heath Services uses such as offices for doctors dentists and chiropractors are not permitted on the ground floor. Health Services uses are conditionally permitted on the second or higher floors only. The Planning Code includes a special definition for Tobacco Paraphernalia Establishments applicable in the Polk Street and Haight Street NCDs such that businesses are regulated as Tobacco Paraphernalia Establishments if they sell any Tobacco Paraphernalia including pipes or other devices for smoking. Tobacco Paraphernalia Establishments as defined are not permitted in the Polk Street NCD and are permitted as a conditional use in the Haight Street NCD.

The ordinance amends the Planning Code to permit Health Services uses on the ground floor for specified areas of the Polk Street NCD, except for properties with frontage on Polk Street or California Street. Additionally, it clarifies that Tobacco Paraphernalia Establishments are not permitted in the Polk Street NCD and within a quarter-mile of its boundaries and require conditional use authorization in the Haight Street NCD while confirming that medicinal and adult-use cannabis retail uses are not considered Tobacco Paraphernalia Establishments. Outdated references to expiration dates for the special definition of Tobacco Paraphernalia Establishments for the Polk Street and Haight Street NCDs have been deleted, confirming the definition as a permanent part of the Planning Code without an expiration date.

Health Services can now be provided on the ground floor in specific areas of the Polk Street NCD, consequentially broadening the types of businesses that can operate in this area. The legislation also solidifies the status of tobacco paraphernalia regulation within the NCDs and clarifies the categorization of cannabis-related retail uses.

The Planning Department’s determination complies with the California Environmental Quality Act. The Board affirms this and other findings, such as the amendments serving the public necessity, convenience, and welfare, consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1.

The ordinance was forwarded as a Committee Report to the Board meeting and was acted upon by unanimous 'Aye' votes from the Land Use and Transportation Committee members. It affirms the Planning Department's determination under the California Environmental Quality Act.

The specific amendments to the Municipal Code articles, paragraphs, subsections, sections, and other parts are clearly delineated in the ordinance with additions, deletions, and Board amendment denoted by various typographical methods. The Mayor’s approval, the Mayor’s lack of veto, or the Board’s override of a veto results in enactment.