Ordinance amending the Planning Code to define Legacy Business and to require conditional use authorization prior to replacing a Legacy Business with a new non-residential use in certain Neighborhood Commercial, Named Neighborhood Commercial, and Neighborhood Commercial Transit Districts, and in the Chinatown Mixed Use Districts; amending the Administrative Code to allow a business that has been operating for 15 years to qualify as a Legacy Business; 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 necessity, convenience, and welfare under Planning Code, Section 302.

The Board adopted Resolution 532-24, establishing interim controls to protect Legacy Businesses, which are set to expire on May 1, 2026.

Supervisor Chan introduced the ordinance to require conditional use authorization prior to replacing a Legacy Business in certain commercial districts.

The Board referred the legislation to the Planning Department and Small Business Commission for review and recommendations.

The Planning Department affirmed that the proposed ordinance complies with the California Environmental Quality Act.

The Small Business Commission expressed concerns about using zoning restrictions for preservation and voted 3-1 not to recommend the legislation.

The Planning Commission held a public hearing and recommended disapproval of the ordinance, citing inconsistencies with the General Plan.

The Board amended the ordinance but ultimately failed to pass it on first reading.