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AMENDED IN COMMITTEE FILE NO. 211021 212812022 ORDINANCE NO. 43-22 [Planning Code - Landmark Designation - 447 Battery Street (aka Jones-Thierbach Coffee Company Building)] Ordinance amending the Planning Code to designate 447 Battery Street (aka Jones- Thierbach Coffee Company Building), Assessor's Parcel Block No. 0206, Lot No. 002 as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the g eight priority policies of Planning Code, Section 101.1. 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 italics Times }'lmv Roman 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) CEQA and Land Use Findings. (1) The Planning Department has determined that the Planning Code amendment proposed in this ordinance is subject to a Categorical Exemption from the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq., hereinafter "CEQA") pursuant to Section 15308 of California Code of Regulations, Title 14, Sections 15000 et seq., the Guidelines for implementation of the statute for actions by regulatory agencies for protection of the environment (in this case, landmark designation). Said determination is on file with the Clerk of the Board of Supervisors in File No. 211021 and is incorporated herein by reference. The Board of Supervisors affirms this determination. Supervisor Peskin BOARD OF SUPERVISORS Page 1 (2) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the proposed landmark designation of 447 Battery Street (aka Jones-Thierbach Coffee Company Building), Assessor's Parcel Block No. 0206, Lot No. 002, will serve the public necessity, convenience, and welfare for the reasons set forth in Historic Preservation Commission Resolution No. 1196, recommending approval of the proposed designation± which is incorporated by reference. (3) The Board of Supervisors finds that the proposed landmark designation of 44 7 Battery Street is consistent with the General Plan and with Planning Code Section 101.1 (b) for the reasons set forth in Historic Preservation Commission Resolution No. 1196. (b) General Findings. (1) On January 12, 2021, the Board of Supervisors adopted Resolution No. 009-21, initiating landmark designation of 447 Battery Street as a San Francisco Landmark pursuant to Section 1004.1 of the Planning Code. On January 22, 2021, the Mayor approved the resolution. Said resolution is on file with the Clerk of the Board of Supervisors in File No. 201298. (2) Pursuant to Charter Section 4.135, the Historic Preservation Commission has authority "to recommend approval, disapproval, or modification of landmark designations and historic district designations under the Planning Code to the Board of Supervisors." (3) The Landmark Designation Fact Sheet was prepared by Planning Department Preservation staff. All preparers meet the Secretary of the Interior's Professional Qualification Standards for historic preservation program staff, as set forth in Code of Federal Regulations Title 36, Part 61, Appendix A. The report was reviewed for accuracy and conformance with the purposes and standards of Article 10 of the Planning Code. Supervisor Peskin BOARD OF SUPERVISORS Page 2 (4) The Historic Preservation Commission, at its regular meeting of August 4, 2021, reviewed Planning Department staff's analysis of the historical significance of 447 Battery Street set forth in the Landmark Designation Fact Sheet dated July 28, 2021. (5) On August 4, 2021, after holding a public hearing on the proposed designation and having considered the specialized analyses prepared by Planning Department staff and the Landmark Designation Fact Sheet, the Historic Preservation Commission recommended designation of 447 Battery Street as a landmark with modifications to Planning staff's recommendation, consistent with the standards set forth in Section 1004 of the Planning Code, by Resolution No. 1196. Said resolution is on file with the 1 O Clerk of the Board in File No. 211021. (6) The Board of Supervisors hereby finds that 44 7 Battery Street has a special character and special historical, architectural, and aesthetic interest and value, and that its designation as a Landmark will further the purposes of and conform to the standards set forth in Article 10 of the Planning Code. In doing so, the Board hereby incorporates by reference the findings of the Landmark Designation Fact Sheet. Section 2. Designation. Pursuant to Section 1004 of the Planning Code, 44 7 Battery Street (aka Jones- Thierbach Coffee Company Building), Assessor's Block No. 0206, Lot No. 002, is hereby designated as a San Francisco Landmark consistent with the standards set forth in Section 1004. Appendix A to Article 10 of the Planning Code is hereby amended to include this property. Section 3. Required Data. Supervisor Peskin BOARD OF SUPERVISORS Page 3 (a) The description, location, and boundary of the Landmark site consists of the City parcel located at 447 Battery Street, Assessor's Block No. 0206, Lot No. 002, in San Francisco's Financial District neighborhood. (b) The characteristics of the Landmark that justify its designation are described and shown in the Landmark Designation Fact Sheet and other supporting materials contained in Planning Department Record Docket No. 2021-00287 4DES. In brief, 44 7 Battery Street is eligible for local designation as it is associated with events that have made a historically significant contribution to the broad patterns of San Francisco history and it embodies the distinctive characteristics of a type, period, or method of construction. Specifically, designation 1 O of 44 7 Battery Street is proper given its association with the San Francisco coffee industry and with reconstruction of downtown San Francisco following the 1906 earthquake and fires. (c) The particular features that should be preserved, or replaced in-kind as determined necessary, are those generally shown in photographs and described in the Landmark Designation Fact Sheet, which can be found in Planning Department Record Docket No. 2021-00287 4DES, and which are incorporated in this designation by reference as though fully set forth herein, except for the property's three-story height and roughly rectangular footprint. Specifically, all those physical features of the exterior of 44 7 Battery Street should be preserved or replaced in-kind, including: (1) Exterior walls constructed of brick masonry; (2) Openings for storefronts and a building entry on Battery Street; (3) Regular, evenly spaced rhythm of window openings on the first (Merchant Street only), second and third stories; positioning of the westernmost two bays on Merchant Street slightly closer together; (4) Slightly projecting brick sill and a segmental arch head at window openings; and Supervisor Peskin BOARD OF SUPERVISORS Page 4 (5) Brick cornice consisting of, from bottom to top, a projecting bandcourse, a flat frieze, several courses of corbeling, and projecting coping. Section 4. 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. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: /s/ Victoria Wong VICTORIA WONG Deputy City Attorney n:\legana\as2021\ 1800206\01585624.docx Supervisor Peskin BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 211021 Date Passed: March 15, 2022 Ordinance amending the Planning Code to designate 447 Battery Street (aka Jones-Thierbach Coffee Company Building), Assessor's Parcel Block No. 0206, Lot No. 002, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convonicnce, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. November 15, 2021 Land Use and Transportation Committee - TABLED February 28, 2022 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE February 28, 2022 Land Use and Transportation Committee - RECOMMENDED AS AMENDED March 08, 2022 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton March 15, 2022 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 Printed at 1:23 pm on 3116122 File No. 211021 City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 3/15/2022 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Primed at 1:23 pm 0113116122