o0076-23

FILE NO. 230058 ORDINANCE NO. 0 7 6-23 [Planning Code, Zoning Map - Rezone Designated RM-2 Parcel] Ordinance amending the Planning Code and Zoning Map to rezone Assessor's Parcel Block No. 0976, Lot No. 001, located in the Residential Mixed, Moderate Density (RM-2) District to permit use for up to 47 Tourist Hotel Rooms; 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, 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 ,Vew Roman Jent. 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 Planning Code 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. 230058 and is incorporated herein by reference. The Board affirms this determination. (b) On March 23, 2023, the Planning Commission, in Resolution No. 21281, recommended the Planning Code and Zoning Map amendments in this ordinance for approval and 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 Supervisor Stefani BOARD OF SUPERVISORS Page 1 101.1. 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. 230058, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the Planning Code and Zoning Map amendments in this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21281, and the Board incorporates such reasons herein by reference. Section 2. General Findings. (1) The Residential Hotel Unit Conversion and Demolition Ordinance was enacted in 1990 as Chapter 41 of the Administrative Code ("Chapter 41 "). The stated purpose of Chapter 41 was "to benefit the general public by minimizing adverse impact on the housing supply and on displaced low-income, elderly, and disabled persons resulting from the loss of residential hotel units through their conversion and demolition." (2) Section 41.3 of the Administrative Code includes the following findings: (a) There is a severe shortage of decent, safe, sanitary and affordable rental housing in the City and County of San Francisco and this shortage affects most severely the elderly, the disabled and low-income persons. (b) The people of the City and County of San Francisco, cognizant of the housing shortage of San Francisco, on November 4, 1980, adopted a declaration of policy to increase the city's housing supply by 20,000 units. (c) Many of the elderly, disabled and low-income persons and households reside in residential hotel units. (d) A study prepared by the Department of City Planning estimated that there were only 26,884 residential hotel units in the City in December of 1979, a decrease of 6,098 Supervisor Stefani BOARD OF SUPERVISORS Page 2 such units from 1975. Since enactment of this Chapter, residential hotel units have continued to decrease, at a slower rate: in 1981, there were 20,466 residential hotel units as defined by this Chapter; in 1988, there were 18,723 residential hotel units, a decrease of 1,743 over a period of years. The decrease is caused by vacation, conversion or demolition of residential hotel units. Continued vacation, conversion or demolition of residential hotel units will aggravate the existing shortage of affordable, safe and sanitary housing in the City and County of San Francisco. (e) As a result of the removal of residential hotel units from the rental housing market, a housing emergency exists within the City and County of San Francisco for its elderly, disabled and low-income households. (f) Residential hotel units are endangered housing resources and must be protected. (g) The Board of Supervisors and the Mayor of the City and County of San Francisco recognized this housing emergency and enacted an ordinance which established a moratorium on the demolition or conversion of residential hotel units to any other use. The moratorium ordinance became effective on November 21, 1979. (h) The conversion of residential hotel units affects those persons who are least able to cope with displacement in San Francisco's housing market. (3) Pursuant to Sections 41.12 and 41.13 of the Administrative Code, the owner or operator of a residential hotel within Chapter 41 's scope may apply to convert or demolish one or more residential units by providing for a one-to-one replacement of the unit(s) by one of the methods set forth in Section 41.13. (4) Since its enactment in 1990, provisions of the Residential Hotel Unit Conversion and Demolition Ordinance have been amended from time to time to ensure that its provisions continue to align with its original intent (a) to preserve affordable rental housing for elderly, Supervisor Stefani BOARD OF SUPERVISORS Page 3 disabled, and low-income persons and households who are least able to cope with displacement and (b) to require a one-for-one replacement of these residential units if the hotel owner or operator is allowed to convert or demolish them. (5) This ordinance contemplates that there are a limited number of existing hotels in the City that are subject to Administrative Code Chapter 41 but were built by design to be hotels with high-end services and have never been affordable rental housing. This ordinance provides an alternative means to benefit San Francisco's low-income, elderly and formerly houseless citizens without having an adverse impact on the City's supply of affordable rental housing that the Residential Hotel Unit Conversion and Demolition Ordinance was intended to address. Section 3. The Planning Code is hereby amended by revising Section 209.2, to read as follows: SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS. * * * * Table 209.2 ZONING CONTROL TABLE FOR RM DISTRICTS Zoning Category § References RM-1 RM-2 RM-3 RM-4 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category Retail Sales and § 102 NP NP NP NP Service Uses* Hotel § 102 C(4) C(4) C(4) C(4) * * * * * * * * * * * * Supervisor Stefani BOARD OF SUPERVISORS Page 4 * Not listed below. * * * * (4) C for 5 or fewer guest rooms or suites of rooms; NP for 6 or more guest rooms,· provided, however. that a total ofup to 47 Tourist Hotel rooms are Principally Permitted on Block 0976. Lot 001, subiect to the provisions of Ordinance No. 251-22. Section 4. This ordinance shall have no retroactive effect and does not forgive or waive enforcement of any violations that occurred prior to the ordinance's effective date. Section 5. 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 6. 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: DAVID CHIU, City Attorney By: /s/ KRISTEN A. JENSEN KRISTEN A. JENSEN Deputy City Attorney Supervisor Stefani BOARD OF SUPERVISORS Page 5 n:\legana\as2022\2300023\0164 7659 .docx Supervisor Stefani BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230058 Date Passed: May 09, 2023 Ordinance amending the Planning Code and Zoning Map to rezone Assessor's Parcel Block No. 0976, Lot No. 001, located in the Residential Mixed, Moderate Density (RM-2) District to permit use for up to 47 Tourist Hotel Rooms; 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, convenience, and welfare under Planning Code, Section 302. April 24, 2023 Land Use and Transportation Committee - RECOMMENDED May 02, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton May 09, 2023 Board of Supervisors - Fl NALLY PASSED Ayes: 10 - Chan, Dorsey, Engardio, Mandel man, Melgar, Peskin, Preston, Safai, Stefani and Walton Excused: 1 - Ronen File No. 230058 London N. Breed Mayor City and County of San Francisco Page I I hereby certify that the foregoing Ordinance was FINALLY PASSED on 5/9/2023 by the Board of Supervisors of the City and County of San Francisco. Date Approved Prillted at 10:02 am on 5/10/23