3 Ordinance amending the Public Works Code to create a Temporary Mobile Caterer
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1 FILE NO ORDINANCE NO [Public Works Code- Temporary Mobile Caterer Permit] 2 3 Ordinance amending the Public Works Code to create a Temporary Mobile Caterer 4 permit for restaurants that cannot operate during mandatory seismic retrofits of their 5 buildings NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman [ont. Deletions to Codes are in strikethrough italics Times 1Ye'r!' Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. 11 Be it ordained by the People of the City and County of San Francisco: Section 1. CEQA Findings. 14 The Planning Department has determined that the actions contemplated in this 15 ordinance comply with the California Environmental Quality Act (California Public Resources 16 Code Sections et seq.). Said determination is on file with the Clerk of the Board of 17 Supervisors in File No and is incorporated herein by reference. The Board affirms 18 this determination Section 2. Article 5.8 of the Public Works Code is hereby amended by adding Section , to read as follows: 22 SEC TEMPORARY MOBILE CATERER PERMITS. 23 (a) Purpose and Scope. A restaurant, as defined in Section (b)(4), may seek a 24 Temporary Mobile Caterer permit from Public Works i[it is unable to operate during its regular 25 business hours due to mandatory seismic retrofit construction work to the building containing the BOARD OF SUPERVISORS Page 1
2 1 restaurant, as required by San Francisco Existing Building Code Chapter 4D. Under this Section , a restaurant may operate a Mobile Caterer as a Temporary Mobile Caterer and obtain a 3 Temporary Mobile Caterer permit subject to the conditions and requirements set forth in subsections 4 (Q) and (c). 5 (Q) Permit Privileges and Conditions. For a Temporary Mobile Caterer that meets the criteria 6 set forth in subsection (a) and has obtained a Temporary Mobile Caterer permit under subsection (c), 7 the following shall supersede otherwise applicable provisions o[the Public Works Code: 8 (1) Notwithstanding subsections (Q)(3){E)-(F), the Temporary Mobile Caterer 9 shall not be subject to any restrictions with respect to Locations relative to junior high schools, middle 10 schools, or high schools. 11 (2) Notwithstanding subsections @){4) and @){6), the Temporary Mobile 12 Caterer may operate within 75 feet o[another restaurant's entrance or within 50 feet o[another 13 restaurant's facade. 14 (3) Notwithstanding subsection the Temporary Mobile Caterer may sell or 15 distribute food [or the same hours and number o[days as its affiliated restaurant operated prior to its 16 closure due to a seismic retrofit, provided, however, that a Temporary Mobile Caterer may also 17 operate [or one hour before and one hour after those operating hours to prepare [or or clean up after 18 hod service. But Temporary Mobile Caterers may not sell or distribute food after 10:00 p.m. 19 (4) Notwithstanding Section , the Temporary Mobile Caterer shall not be subject 20 to notice, hearing, or appeal procedures set forth in that Section. Permitting decisions regarding 21 Temporary Mobile Caterer permits may be appealed to the Board o[appeals in accordance with 22 existing law. 23 (5) The Temporary Mobile Caterer may obtain a Street Space Permit under Public 24 Works Code Section 724 [or the Location{s) specified in Section (c){5) and shall not be subject 25 to the parking plan requirements o[public Works Code Section 724@){4). BOARD OF SUPERVISORS Page 2
3 1 (c) Requirements {or a Permit to be Valid and Operative. To avail itsel{o{the privileges and 2 conditions set forth in subsection (b), the Temporary Mobile Caterer must satisfy all requirements as 3 specified in Article 5. 8, other than those identified in subsection (b) above, and must also satisfy the 4.following requirements: 5 (1) The Temporary Mobile Caterer may operate under a Temporary Mobile Caterer 6 permit only after the issuance o{a Department of Building Inspection permit [or a mandatory seismic 7 retrofit (required by San Francisco Existing Building Code Chapter 4D) for the building containing the 8 affiliated restaurant is final and effective. 9 (2) The Temporary Mobile Caterer may not operate under a Temporary Mobile Caterer 10 permit after the Department of Building Inspection has issued a temporary certificate of occupancy or 11 final certificate of occupancy, whichever is earlier, [or the building containing the affiliated restaurant. 12 (3) A Temporary Mobile Caterer may not operate under a Temporary Mobile Caterer 13 permit [or a period longer than six consecutive months, provided, however, that a Temporary Mobile 14 Caterer may obtain an extension ofthis permit period from Public Works ifthe Temporary Mobile 15 Caterer provides a written determination from the Department of Building Inspection that seismic 16 retrofit-related construction on the building containing the affiliated restaurant is continuing. 17 (4) A Temporary Mobile Caterer nwy operate under a Temporary Mobile Caterer 18 permit only using the same name and/or brand as the restaurant impacted by the mandatory seismic 19 retrofit. 20 (5) A Temporary Mobile Caterer may operate under a Temporary Mobile Caterer 21 permit only after notifying all restaurants within 75 feet o[its proposed Location{s) o[its intent to 22 operate and having provided to Public Works an affidavit attesting that it has complied with this 23 notification requirement. 24 (6) The Temporary Mobile Caterer shall operate within 50 feet o{the facade o[its 25 affiliated restaurant and may only use a Location on the same side ofthe street as that restaurant. BOARD OF SUPERVISORS Page 3
4 1 (7) The Temporary Mobile Caterer may operate under a Temporary Mobile Caterer 2 permit only after having provided at least 10 days public notice to neighboring residents and 3 businesses. 4 (d) Sunset Date. This Section shall expire by operation o[law on January 1, 2021; 5 provided, however, that i{state or local law extends the compliance deadline for mandatory soft-story 6 seismic retrofits, this Section shall expire on the day following the extended deadline. Upon expiration 7 o(this Section, the City Attorney shall cause the Section to be removed from the Public Works Code. 8 9 Section 3. Effective Date. This ordinance shall become effective 30 days after 10 enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the 11 ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board 12 of Supervisors overrides the Mayor's veto of the ordinance APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: ANDREWSHEN Deputy City Attorney 18 n:\legana\as2018\ \ docx BOARD OF SUPERVISORS Page 4
5 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA File Number: Date Passed: December 11, 2018 Ordinance amending the Public Works Code to create a Temporary Mobile Caterer permit for restaurants that cannot operate during mandatory seismic retrofits of their buildings. November 26, 2018 Land Use and Transportation Committee- RECOMMENDED December 04, 2018 Board of Supervisors- PASSED ON FIRST READING Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Excused: 1 -Fewer December 11, 2018 Board of Supervisors - FINALLY PASSED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee File No I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/11/2018 by the Board of Supervisors of the City and County of San Francisco. London N. Breed Mayor Date Approved City and County of San Francisco Page 19 Printed at 11:54 am on
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