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FILE NO. 171173 ORDINANCE NO. 17-18 [Planning Code - Mission Street Neighborhood Commercial Transit District] Ordinance amending the Planning Code to prohibit Non-Retail Professional Services uses, limit lot mergers, and allow Arts Activities and Catering uses within the Mission Street Neighborhood Commercial Transit District; affirming the Planning Commission'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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough ilfllics Times l'lew Romanfcmt. 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. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings and Purpose. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 171173 and is incorporated herein by reference. The Board affirms this determination. (b) On October 19, 2017, the Planning Commission, in Resolution No. 20030, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101 .1. The Board Supervisor Ronen BOARD OF SUPERVISORS Page 1 adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 171173, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20030 and the Board incorporates such reasons herein by reference. (d) In 2008, the Board of Supervisors adopted the Eastern Neighborhoods Plan and related zoning, in part to reaffirm the Mission Street corridor, between Duboce Avenue and Cesar Chavez Street, as a Neighborhood Commercial Transit District to encourage vibrant commercial corridors supported by medium density housing, served by multiple transit options, and to protect their historic pedestrian orientation. Since the adoption of this Plan and its associated zoning, the City has determined that the continued establishment, evolution, and adaptation of these uses demands a more responsive set of zoning controls in the Planning Code. (e) The zoning controls proposed in this legislation are intended to satisfy the following policy goals: (1) reduce land use pressures on retail and services uses from business-to-business office uses; (2) protect the fine-grain, pedestrian orientation of Mission Street, and; (3) expand opportunities for compatible PDR uses. Section 2. The Planning Code is hereby amended by revising Sections 121.2, 121.7, and 754, to read as follows: SEC. 121.2. NON-RESIDENTIAL USE SIZE LIMITS IN NEIGHBORHOOD COMMERCIAL AND NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICTS. * * * * Supervisor Ronen BOARD OF SUPERVISORS Page 2 (c) In order to protect the pedestrian scale of the Mission Street NCT and provide space for small businesses, the following control shall apply in the Mission Street NCT: (1) Applicability. Lot mergers pursuant to Section 121. 7 CO and any pro;ect located on a parcel that was created as a result of a lot merger pursuant to Section 121. 7 CO. (2) Control. Any such pro;ect that does not include at least one non-residential space ofno more than 2,500 square feet, located on the ground floor and fronting directly onto Mission Street, shall require a conditional use authorization. In considering whether to grant such conditional use authorization, the Commission shall consider the criteria in Sections 121.2(a) and 303(c). SEC. 121.7. RESTRICTION OF LOT MERGERS IN CERTAIN DISTRICTS AND ON PEDESTRIAN-ORIENTED STREETS. In order to promote, protect, and maintain a fine-grain scale of development in residential districts and on important pedestrian-oriented commercial streets whieh that is appropriate to each district, compatible with adjacent buildings; provide for a diverse streetscape; ensure the maintenance and creation of multiple unique buildings and building frontages rather than large single structures superficially treated; promote diversity and multiplicity of land ownership and discourage consolidation of property under single ownership, merger of lots is regulated as follows: (a) In RTO Districts, merger of lots creating a lot greater than 5,000 square feet shall not be permitted except according to the procedures and criteria in subsections (d) and (e) below. (b) In those NCT, NC and Mixed Use Districts listed below, merger of lots resulting in a lot with a single street frontage greater than that stated in the table below on the specified streets or in the specified Districts is prohibited except according to the procedures and criteria in subsections (c) and (d) below. Supervisor Ronen BOARD OF SUPERVISORS Page 3 Street or District Lot Frontage Limit Hayes, from Franklin to Laguna 50 feet RED and RED-MX 50 feet Church Street, from Duboce to 16th Street 100 feet Divisadero Street NCT except for the east 100 feet and west blocks between Oak and Fell, Fillmore Street NCT, Folsom Street NCT, RCD, WMUG, WMUO, and SALi Mission Street, within the Mission Street NCT I 00 &et (see subsection (f)_ below 2 Market, from Octavia to Noe 150 feet Ocean Avenue in the Ocean Avenue NCT See subsection (e) Inner and Outer Clement NCDs 50 feet North Beach NCO and SUD, and Telegraph 25 feet Hill - North Beach Residential SUD* NC-2 districts on Balboa Street between 2nd 50 feet Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue *For lots that do not have street frontage, the merger would not result in a lot with a width greater than 25 feet. * * * * (f) In the Mission Street NCT, proiects that propose lot mergers resulting in street frontages on Mission Street greater than 50 &et shall provide at least one non-residential space o(no more than 2,500 square &et on the ground floor fronting Mission Street. Supervisor Ronen BOARD OF SUPERVISORS Page 4 SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. The Mission Street Commercial Transit District is located near the center of San Francisco in the Mission District. It lies along Mission Street between 15th and Cesar Chavez (Army) Street, and includes adjacent portions of 17th Street, 21st Street, 22nd Street, and Cesar Chavez Street. The commercial area of this District provides a selection of goods serving the day-to-day needs of the residents of the Mission District. Additionally, this District serves a wider trade area with its specialized retail outlets. Eating and drinking establishments contribute to the street's mixed-use character and activity in the evening hours. The District is extremely well-served by transit, including regional-serving BART stations at 16th Street and 24th Street, major buses running along Mission Street, and both cross-town and local-serving buses intersecting Mission along the length of this district. Given the area's central location and accessibility to the City's transit network, accessory parking for residential uses is not required. Any new parking is required to be set back or be below ground. This District has a mixed pattern of larger and smaller lots and businesses, as well as a sizable number of upper-story residential units. Controls are designed to permit moderate- scale buildings and uses, protecting rear yards above the ground story and at residential levels. New neighborhood-serving commercial development is encouraged mainly at the ground story. Ground story uses are required to include active commercial uses with storefronts facing the street. While offices and general retail sales uses may locate at the second story of new buildings under certain circumstances, most commercial uses are prohibited above the second story. Continuous retail frontage is promoted by requiring ground floor commercial uses in new developments and prohibiting curb cuts. Housing development in new buildings is encouraged above the ground story. Housing density is not controlled by the size of the lot but Supervisor Ronen BOARD OF SUPERVISORS Page 5 by requirements to supply a high percentage of larger units and by physical envelope controls. Existing residential units are protected by prohibitions on upper-story conversions and limitations on demolitions, mergers, and subdivisions. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st 2nd 3rd+ * * * * Entertainment, Arts1 and Recreation Use Category Entertainment, Arts1 and §102 NP NP NP Recreation Uses* Arts Activities §102 P(4) p p Amusement Game Arcade §102 C NP NP Entertainment, General §102 p p NP Entertainment, Nighttime §102 p p NP Movie Theater §102 p p NP Open Recreation Area §102 C C C Passive Outdoor Recreation §102 C C C * * * * Supervisor Ronen BOARD OF SUPERVISORS Page 6 Sales and Service Use Category Retail Sales and Service Uses* §§102, p p p 202.2(a) * * * * Trade Shop §102 p tf.. tf.. Non-Retail Sales and Service §102 NP NP NP Uses* Catering §102 P(4) p p Design Professional §102 p p p &er'"'iee, 1JJ.lfm RefflU Prefessienel ~ b b b Trade Office §102 p p p Utility and Infrastructure Use Category Utility and Infrastructure Uses* §102 C(3) C(3) C(3) * * * * *Not listed below * * * * (4) Arts Activities and Catering uses located in the ground floor shall have active commercial activities facing Mission Street, per Section 145.4. These may be retail activities accessory to those uses or a separate business operating in the street-facing space. Section 3. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Supervisor Ronen BOARD OF SUPERVISORS Page 7 Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FO DENNIS J. HERRERA, By: n:\land\as2017\1700381 \01227892.docx Planning Commission BOARD OF SUPERVISORS Page 8 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 171173 Date Passed: January 30, 2018 Ordinance amending the Planning Code to prohibit Non-Retail Professional Services uses, limit lot mergers, and allow Arts Activities and Catering uses within the Mission Street Neighborhood Commercial Transit District; affirming the Planning Commission'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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. January 08, 2018 Land Use and Transportation Committee - RECOMMENDED January 23, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee January 30, 2018 Board of Supervisors- FINALLY PASSED Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee File No. 171173 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/30/2018 by the Board of Supervisors of the City and County of San Francisco. Mayor City and County of San Francisco Page 7 Angela Calvillo Clerk of the Board Printedat 9:15amonl/31/18