o0023-17

I FILE NO. 160656 SUBSTITUTED 11/8/2016 ORDINANCE NO. 23-17 [Planning Code - Medical Service Use - Sacramento Street Neighborhood Commercial District] Ordinance amending the Planning Code to provide that in the Sacramento Street Neighborhood Commercial District a Medical Service use, whether Principal or Accessory, requires a Conditional Use authorization on the ground story and is permitted above the ground story; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and 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 itelics Times New Romen font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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. (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. 160656 and is incorporated herein by reference. The Board affirms this determination. (b) On November 17, 2016, the Planning Commission, in Resolution No. 19777, adopted findings that the actions contemplated in this ordinance are consistent, on balance, Supervisor Farrell BOARD OF SUPERVISORS Page 1 with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board 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. 160656, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board of Supervisors finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 19777 and the Board hereby incorporates such reasons herein by reference. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 160656, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 703.2 and 724, to read as follows: SEC. 703.2. USES PERMITTED IN NEIGHBORHOOD COMMERCIAL DISTRICTS. A ttUse is defined in Section 102 ofthis Code as the specific purpose for which land or a structure property or both buil:ding i:9 are legally designed, constructed, arranged, or intended, or for which they are legally used, occupied, maintained, or leased. Whether or not a use is permitted in a specific district is set forth or summarized and cross-referenced in Article 7 of this Code for each district class. * * * * (b) Use Limitations. The ttUses permitted in Neighborhood Commercial Districts are either p,Erincipal, cConditional, e4_ccessory, or temporary uses as stated in this Section 703.2, and include those ttUses set forth or summarized and cross-referenced in the zoning control I categories as listed in this Code for each district class. * * * * (C) Accessory Uses. Except as prohibited in Section 728 and subject I I to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in Supervisor Farrell BOARD OF SUPERVISORS Page 2 * * * * (ix) A Medical Service use as an Accessory Use in the Sacramento Street Neighborhood Commercial District requires a Conditional Use authorization on the ground story and is permitted above the ground story pursuant to Section 724 ofthis Code. SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Located in the Presidio Heights neighborhood in north-central San Francisco, the Sacramento Street Neighborhood Commercial District functions as a small-scale linear shopping area. It extends along Sacramento Street between Lyon and Spruce Streets. I Interspersed among residential buildings and garages, the district's daytime-oriented retail I stores provide a limited array of convenience goods to the immediate neighborhood. Sacramento Street also has many elegant clothing, accessory, and antique stores and services, such as hair salons, which attract customers from a wider trade area. Its numerous medical and business offices draw clients from throughout the City. Evening activity in the district is limited to one movie theater, a few restaurants, and some stores near Presidio Avenue. Supervisor Farrell BOARD OF SUPERVISORS Page 3 The Sacramento Street District controls are designed to promote adequate growth opportunities for development that is compatible with the surrounding low-density residential neighborhood. The building standards monitor large-scale development and protect rear yards at the grade level and above. Most new commercial development is permitted at the first story; general retail uses are permitted at the second story only if such use would not involve conversion of any existing housing units. Special controls are designed to protect existing neighborhood-serving ground-story retail uses. New mMedical sService uses. whether Principal or Accessory, require a Conditional Use authorization on the ground story and are permitted above the ground story prohibited et ell stories except e ehenge o.fbtSe is permitted on the:first story· or below Personal and business services are restricted at the ground story and prohibited on upper stories. Limits on new ground-story eating and drinking uses, as well as new entertainment and financial service uses, are intended to minimize the environmental impacts generated by the growth of such uses. The daytime orientation of the district is encouraged by prohibiting bars and restricting late-night commercial activity. New hotels and parking facilities are limited in scale and operation to minimize disruption to the neighborhood. Most new automobile and drive-up uses are prohibited to promote continuous retail frontage. Housing development in new buildings is encouraged above the second story. Existing residential units are protected by limitations on demolitions and prohibitions of upper-story I I conversions. Supervisor Farrell BOARD OF SUPERVISORS Page4 I I i Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * No. Zoning Category § References Sacramento Street Controls by Story §790.118 1st 2nd 3rd+ Retail Sales and Services * * * * 724.51 Medical Service §790.114 # c E. p * * * * SPECIFIC PROVISIONS FOR THE SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT Article 7 Other Code Code Section Zoning Controls Section * * * * Boundaries: Sacramento Street Neighborhood Commercial District i' i' 1 At: 1 Controls: A Medical Service use requires a Conditional use .JJ .L _. • .L, § 724.51 1 At: 1 /'1 \/A\ '7nn o o authorization on the f!round storv whether it is Princival or l..L ......... \ -/ , ..... _.._/, _, \.J ................. , 1'7!JQ.!CE, 790.114 IAccessorv. A bHsiness orpro.fessionttl service HSe m€ly be ~~·· ,J +~ - ••• _-4:-~1 ~ . ..: _ - ~- --- .J.J._ ""-·-4. n-4. -- ...-.-..A J __ ] ;.{' ··~ -· ·- - u-• v •r-"'"-" '-.J ""'"-JVl IJ" IJ"'-" J '-./ "-'"'-'""-' 'Y ':J , ,,.._, '---~:J .+;.,....7 n...-. ...-..-,. .. ,,.... ·~ .c.. ; ~ 1 ~ ~+ -u - ,. ·-· ·r~--..., "'"'-'"" '--' u"' ~~.-J ...... """'"O'--' "u . ...,,......,, * * * * 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 Boa rd of Supervisors overrides the Mayor's veto of the ordinance. Supervisor Farrell BOARD OF SUPERVISORS Pag e5 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 FORM: DENNIS . HERRERA, City Attorney By: • • DITH A. BOYAJIA eputy City Attorney n:\legana\as2016\1600752\01148530.docx Supervisor Farrell BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall l Dr. Carlton B. Goodlett Place San Francisco, CA 94 l 02-4689 File Number: 160656 Date Passed: January 31, 2017 Ordinance amending the Planning Code to provide that in the Sacramento Street Neighborhood Commercial District a Medical Service use, whether Principal or Accessory, requires a Conditional Use authorization on the ground story and is permitted above the ground story; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. January 09, 2017 Land Use and Transportation Committee - RECOMMENDED January 24, 2017 Board of Supervisors - PASSED, ON FIRST READING January 31, 2017 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee File No. 160656 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/31/2017 by the Board of Supervisors of the City and County of San Francisco. City and County of San Francisco Pagel Angela Calvillo Clerk of the Board Date Approved Printed at 9:46 am 011 211117