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AMENDED IN BOARD FILE NO. 191285 4/14/2020 ORDINANCE NO. Supervisor Yee BOARD OF SUPERVISORS Page 1 [Planning Code - Lot Mergers, Neighborhood Notice, and Zoning Controls] Ordinance amending the Planning Code to require consideration of smaller commercial spaces when creating large lots, limiting lot frontages to 50 feet on Ocean Avenue, creating an exception from neighborhood notices for certain uses in the Ocean Avenue Neighborhood Commercial Transit District, and adding Arts Activity as a use to the Ocean Avenue Neighborhood Commercial Transit District; 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 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. 191285 and is incorporated herein by reference. The Board affirms this determination. 71-20

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Page 2 (b) On February 20, 2020, the Planning Commission, in Resolution No. 20660, 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 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. 191285, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience and welfare for the reasons set forth in Planning Commission Resolution No. 200660, and incorporates such reasons by this reference thereto. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 191285, and is incorporated herein by reference.

Section 2. The Planning Code is hereby amended by revising Sections 121.1, 121.7, 145.4, 307, 311, and 755, to read as follows: SEC. 121.1. DEVELOPMENT OF LARGE LOTS, NEIGHBORHOOD COMMERCIAL DISTRICTS. * * * * (b) Design Review Criteria. In addition to the criteria of Section 303(c) of this Code, the Planning Commission shall consider the extent to which the following criteria are met:

(1) The mass and facade of the proposed structure are compatible with the existing scale of the district.

(2) The facade of the proposed structure is compatible with design features of adjacent facades that contribute to the positive visual quality of the district.

(3) Where 5,000 or more gross square feet of Non-Residentialcommercial space is proposed, that the project provides commercial spaces in a range of sizes, including one or more

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Page 3 spaces of 1,000 gross square feet or smaller, to accommodate a diversity of neighborhood business types and business sizes.

SEC. 121.7. RESTRICTION OF LOT MERGERS IN CERTAIN DISTRICTS AND ON PEDESTRIAN-ORIENTED STREETS. (a) Purpose: In order to promote, protect, and maintain a fine-grain scale of development in residential districts and on important pedestrian-oriented commercial streets 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 in accordance with this Section 121.7.as follows: (b) Controls. Merger of lots is regulated as follows:

(1a) RTO Districts. 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.

(2b) NCT, NC, and Mixed-Use Districts. 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.

(3) WMUO District. Merger of lots in the WMUO zoning district resulting in a lot with a street frontage between 100 and 200 feet along Townsend Street is permitted so long as a publicly-accessible through-block pedestrian alley at least 20 feet in width and generally conforming to the design standards of Section 270.2(e)(5)-(12) of this Code is provided as a result of such merger.

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(4) Mission Street NCT District. In the Mission Street NCT District, projects that propose lot mergers resulting in street frontages on Mission Street greater than 50 feet shall provide at least one non-residential space of no more than 2,500 square feet on the ground floor fronting Mission Street.

(5) Ocean Avenue NCT District. In the Ocean Avenue NCT District, projects that propose lot mergers resulting in street frontages of lots greater than 50 feet are permitted to create corner lots only, and shall require a conditional use authorization.

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 and west blocks between Oak and Fell, Fillmore Street NCT, Folsom Street NCT, RCD, WMUG, WMUO, and SALI 100 feet; for WMUO District (see subsection (b)(3)) Mission Street, within the Mission Street NCT 100 feet; (see subsection (b)(4f) below) Market, from Octavia to Noe 150 feet Ocean Avenue in the Ocean Avenue NCT See subsection (e)50 feet; see subsection (b)(5) Inner and Outer Clement NCDs 50 feet North Beach NCD and SUD, Telegraph Hill- North Beach Residential SUD, Polk Street NCD, and Pacific Avenue NCD* 25 feet*

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Page 5 NC-2 districts on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue 50 feet * For lots that do not have street frontage, the merger would not result in a lot with a width greater than 25 feet. Notwithstanding the foregoing, merger of lots in the WMUO zoning district resulting in a lot with a street frontage between 100 and 200 feet along Townsend Street is permitted so long as a publicly-accessible through-block pedestrian alley at least 20 feet in width and generally conforming to the design standards of Section 270.2(e)(5)-(12) of this Code is provided as a result of such merger. (c) Administrative Exceptions. The Zoning Administrator may administratively waive certain lot mergers from the restrictions of Ssubsections (b) and (c) only when one or more of the following conditions is present:

(1) One of the lots to be merged has total street frontage on the restricted street of less than 20 feet; or

(2) The pProject sponsor is a government agency or institution subject to Section 304.5 of this Code, and the purpose of the project is for a public facility, public building, or institutional building; or

(3) The project involves normalizing of substandard or irregular parcels lots that are publicly owned or are being transferred from public to private ownership, including lots of the former Central Freeway; or

(4) The lots to be merged contain a pre-existing single building spanning multiple lots; or

(5) The lot merger will enable a specific residential project in which a majority of the units on-site will be affordable as defined by Section 402326.3(h)(2).

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Page 6 (d) Conditionally Permitted Exceptions. The Planning Commission may approve, as a cConditional uUse according to the procedures of Section 303, permit mergers exceeding the restrictions of subsections (b) and (c) only when one or more of the following findings can affirmatively be made and the project meets the intent of this Section as expressed in subsection (a)121.7:

(1) The lot merger will enable a specific residential project that provides housing on-site at affordability levels significantly exceeding the requirements of Section 415.; or

(2) The lot merger will facilitate development of an underutilized site historically used as a single use and the new project is comprised of multiple individual buildings; or

(3) The lot merger serves a unique public interest that cannot be met by building a project on a smaller lot. (e) In the Ocean Avenue NCT, no lot merger which increases the frontage width of any lot on Ocean Avenue may be permitted except as permitted administratively by Subsection (c) above or with a Conditional Use according to the procedures of Section 303 where such a merger creates a corner parcel for the purpose of accommodating access to off-street from a cross street to Ocean Avenue. (f) In the Mission Street NCT, projects that propose lot mergers resulting in street frontages on Mission Street greater than 50 feet shall provide at least one non-residential space of no more than 2,500 square feet on the ground floor fronting Mission Street. SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * (c) Definitions.

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Page 7 "Active commercial uses" shall include those uses specifically identified below in Table 145.4, and: * * * *

(5) In the Ocean Avenue NCT, shall include Arts Activities, Nighttime Entertainment, and Institutional Community Uses, as those uses are defined in Section 102. * * * * SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR. * * * * (h) Exceptions from Certain Specific Code Standards through Administrative Review. The Zoning Administrator may allow complete or partial relief from certain standards specifically identified below, in Section 161, or elsewhere in this Code when modification of the standard would result in a project fulfilling the criteria set forth below and in the applicable section.

(1) Applicability. * * * *

(F) Restriction of Lot Mergers in Certain Districts and on Pedestrian-Oriented Streets. For projects subject to the restrictions on lot mergers in Section 121.7, the Zoning Administrator may approve exceptions from those restrictions as provided in Section 121.7(c).

SEC. 311. PERMIT REVIEW PROCEDURES. * * * * (b) Applicability. Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a

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Page 8 Formula Retail Use; demolition, new construction, or alteration of buildings,; and the removal of an authorized or unauthorized residential unit, shall be subject to the notification and review procedures required by this Section 311. In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary uses, regardless of zoning district, shall be subject to the review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311. (1) Change of Use. For the purposes of this Section 311, a change of use is defined as follows: (A) Residential, NC, and NCT Districts. For all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition of, any of the following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. * * * *

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Page 9 (iii) Exception for the Ocean Avenue Neighborhood Commercial Transit District. Notwithstanding subsection 311(b)(1)(A), building permit applications in the Ocean Avenue Neighborhood Commercial Transit District for a change of use to the following uses shall be excepted from the provisions of subsections 311(d) and 311(e): General Entertainment, Limited Restaurant, Nighttime Entertainment, Outdoor Activity Area, Private Community Facility, Public Community Facility, Restaurant, and Tobacco Paraphernalia Establishment. * * * * SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. The Ocean Avenue Neighborhood Commercial Transit District is located on Ocean Avenue from Howth Street to Manor Drive. Ocean Avenue is a multi-purpose transit-oriented small-scale commercial district that is modeled on the NCT-2 District. Ocean Avenue was developed as a streetcar-oriented commercial district in the 1920s and continues to serve this function, with the K-line streetcar on Ocean Avenue. Numerous other bus lines serve the area, especially the eastern end, where the Phelan Loop serves as a major bus terminus. The eastern end of the district is anchored by the main City College campus and direct linkages to the Balboa Park BART/MUNI rail station a couple blocks to the east, which serves as the southernmost San Francisco station for BART and the terminus of the J, K, and M streetcar lines. Because of the immediate proximity of the BART/MUNI station the district has quick and easy transit access to downtown. * * * * The Ocean Avenue NCT District is intended to provide convenience goods and services to the surrounding neighborhoods as well as limited comparison shopping goods and services for a wider market. The range of comparison goods and services offered is varied and often includes specialty retail stores, retail services, restaurants, and neighborhood-serving arts,

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Page 10 entertainment, and institutional community uses offices. Buildings may range in height, with height limits generally allowing up to four or five stories. Lots are generally small to medium in size and lot consolidation is restricted prohibited to preserve the fine grain character of the district, unless the consolidation creates a corner parcel that enables off-street parking to be accessed from a side street. Rear yard requirements above the ground story and at residential levels preserve open space corridors of interior blocks. Active Ccommercial, arts, entertainment, and institutional community uses are required at the ground level and permitted at the second story. For purposes of this Section, Arts Activities, Nighttime Entertainment, and Institutional Community Uses shall be considered "active commercial uses," as described in Section 145.4 of this Code. * * * * Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE

Ocean Avenue NCT Zoning Category § References Controls BUILDING STANDARDS * * * * Street Frontage and Public Realm * * * *

Ground Floor Commercial

§ 145.4 Required on Ocean Avenue within the District, except on the north side of Ocean Avenue between Plymouth and Brighton Avenues.(2)

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Page 11 * * * * Miscellaneous * * * * Lot MergerConsolidation § 121.6121.7 Certain exceptions permitted by § 121.7. Not Permitted except to create corner lots * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story

1st 2nd 3rd+ Entertainment, Arts and Recreation Use Category Entertainment, Arts and Recreation Uses* § 102 NP NP NP Arts Activities § 102 P P NP * * * * * * * * (2) [Note deleted.] In the Ocean Avenue NCT District, Arts Activities, Nighttime Entertainment, and Institutional Community Uses are considered to be "active uses," as described in Section 145.4 of this Code. * * * * 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.

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Page 12 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 J. HERRERA, City Attorney

By:

/s/

AUSTIN M. YANG

Deputy City Attorney

n:\legana\as2020\1900197\01441123.docx Tails City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Ordinance Ordinance amending the Planning Code to require consideration of smaller commercial spaces when creating large lots, limiting lot frontages to 50 feet on Ocean Avenue, creating an exception from neighborhood notices for certain uses in the Ocean Avenue Neighborhood Commercial Transit District, and adding Arts Activity as a use to the Ocean Avenue Neighborhood Commercial Transit District; 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. File Number: April 21, 2020 Date Passed: 191285 April 06, 2020 Land Use and Transportation Committee - RECOMMENDED April 14, 2020 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee April 14, 2020 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee April 21, 2020 Board of Supervisors - FINALLY PASSED Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee Page 1 City and County of San Francisco Printed at 8:49 am on 4/22/20 File No. 19 1285 London N. Bre ed Mayor City a11d Co1111ty of Sau Fra11cisco Page 2 I here by certify that the foregoing rrl inance was FINALLY PASSED on 4/2 1 /2020 by the Board of Supervisors of the City and County of San Francisco. ' _cA,~ CbA~ {Angela Calvillo Clerk of the Board ~ · I · 2-u Date Approved Pri11ted at 8:49 am 011 4122120