o0054-21

FILE NO. 201326 ORDINANCE NO. 54-21 Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS Page 1 [Planning Code - Chinatown Mixed Use Districts] Ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts; 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 making findings of public necessity and convenience 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 italics Times New 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. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use 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. 201326 and is incorporated herein by reference. The Board affirms this determination. (b) On February 18, 2021, the Planning Commission, in Resolution No. 20854, 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

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 2 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. 201326, 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. 201326, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 201326 and is incorporated herein by reference.

Section 2. Article 8 of the Planning Code is hereby amended by revising Sections 810, 811, and 812, to read as follows:

SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. The Chinatown Community Business District, located in the northeast quadrant of San Francisco, extends along Broadway from the eastern portal of the Broadway Tunnel to Columbus Avenue and along Kearny Street from Columbus to Sacramento Street. This district also includes portions of Commercial Street between Montgomery Street and Grant Avenue and portions of Grant Avenue between Bush and California Streets. It is part of the larger core area of Chinatown. The portions of Broadway, Kearny, and Commercial Streets and Grant Avenue in this district are transitional edges or entries to Chinatown. North and east of the two blocks of Broadway contained in this district are North Beach and the Broadway Entertainment Districts. Kearny and Columbus Streets are close to intensive office development in the Downtown Financial District. Both Grant Avenue and Commercial Street provide important pedestrian entries to Chinatown. Generally, this district has more potential for added retail and commercial development than other parts of Chinatown.

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 3 This zoning district is intended to protect existing housing, encourage new housing, and accommodate modest expansion of Chinatown business activities as well as street-level retail uses. The size of individual professional or business office use is limited in order to prevent these areas from being used to accommodate larger office uses spilling over from the financial district. Housing development in new buildings is encouraged at upper stories. Existing housing is protected by limitations on demolitions and upper-story conversions. Accessory dwelling units are permitted within the district pursuant to Subsection 207(c)(4) of this Code.

Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE * * * * NON-RESIDENTIAL USES § References Controls by Story

1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses*

P P P * * * *

Restaurant §102 C (1)(3) C (1)(3) C (1)(3) Retail Workspace §102 NP NP NP * * * *

* Not listed below

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 4 (1) C for Use Size is not required for Restaurants larger than 5000 sq. ft., but C to establish the Use is required as indicated. * * * * (3) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs.

SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. The Chinatown Visitor Retail Neighborhood Commercial District extends along Grant Avenue between California and Jackson Streets. This district contains a concentration of shopping bazaars, art goods stores, and restaurants, which attract visitors and shoppers and contribute to the City's visual and economic diversity. Grant Avenue provides an important link between Downtown retail shopping and the Broadway, North Beach, and Fisherman's Wharf areas. This district is intended to preserve the street's present character and scale and to accommodate uses primarily appealing to visitors (e.g. tourist gifts shops, jewelry stores, art goods, large restaurants). In order to promote continuous retail frontage, entertainment, financial services, medical service, automotive, and drive-up uses are restricted. Most commercial uses, except financial services, are permitted on the first two stories. Administrative services, (those not serving the public) are prohibited in order to prevent encroachment from downtown office uses. There are also special controls on restaurants and tourist hotels. Building standards protect and complement the existing small-scale development and the historic character of the area. The height limit applicable to the district will accommodate two floors of housing or institutional use above two floors of retail use. Existing residential units are protected by

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 5 prohibition of upper-story conversions and limitation on demolition. Accessory dwelling units are permitted within the district pursuant to Subsection 207(c)(4) of this Code. Table 811 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE

* * * * NON-RESIDENTIAL USES § References Controls by Story

1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses*

P P P * * * *

Restaurant §102 C (1) C (1) NP Retail Workspace §102 NP NP NP * * * *

* Not listed below (1) C for Use Size is not required for Restaurants larger than 2,500 sq. ft., but C to establish the Use is required as indicated. * * * *

SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT.

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 6 The Chinatown Residential Neighborhood Commercial District extends along Stockton Street between Sacramento and Broadway and along Powell Street between Washington Street and Broadway. It is generally west and uphill from Grant Avenue and is close to the relatively intensely developed residential areas of lower Nob and Russian Hills. Stockton Street is a major transit corridor which serves as "Main Street" for the Chinatown neighborhood. Both Stockton and Powell Streets contain a significant amount of housing as well as major community institutions supportive to Chinatown and the larger Chinese community. This daytime-oriented district provides local and regional specialty food shopping for fresh vegetables, poultry, fish, and meat. Weekends are this area's busiest shopping days. Because Stockton Street is intended to remain principally in its present character, the Stockton Street controls are designed to preserve neighborhood-serving uses and protect the residential livability of the area. The controls promote new residential development compatible with existing small-scale mixed-use character of the area. Consistent with the residential character of the area, commercial development is directed to the ground story. Daytime- oriented use is protected and tourist-related uses and financial services are limited. Housing development in new and existing buildings is encouraged above the ground floor. Institutional uses are also encouraged. Existing residential units are protected by limits on demolition and conversion. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * NON-RESIDENTIAL USES § References Controls by Story

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 7

1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses*

P P P * * * *

Restaurant §102 C (2) NP NP Retail Workspace §102 NP NP NP * * * *

* Not listed below * * * * (2) Formula Retail Restaurants and Limited Restaurants are NP in all Chinatown MUDs.

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.

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

Mayor Breed; Supervisors Peskin, Safai, Chan BOARD OF SUPERVISORS

Page 8 additions, and Board amendment deletions in accordance with the “Note” that appears under the official title of the ordinance.

APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney

By: /s/

AUDREY W. PEARSON

Deputy City Attorney

n:\legana\as2020\2100066\01469504.docx City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 201326 Date Passed: April 13, 2021 Ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts; 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 making findings of public necessity and convenience under Planning Code, Section 302. March 22, 2021 Land Use and .Transportation Committee - RECOMMENDED April 06, 2021 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton April 13, 2021 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 201326 London N. Breed Mayor City a11d County of Sau Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/13/2021 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 8:52 am 011 4114121