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AMENDED IN COMMITTEE FILE NO. 170156 5/1/2017 ORDINANCE NO. 105-17 [Planning Code, Zoning Map - Production, Distribution, and Repair Controls; Eliminating the Transit-Oriented Retail Special Use District, and Correcting Height Limits in the UMU District] Ordinance amending the Planning Code and Zoning Map to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and correct the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for groundfloor PDR uses; affirming the Planning Department's Commission'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 (ant. Deletions to Codes are in strikethrough italics Times I'le1~· 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. Findings and Purpose. (a) On March 1. 2017. +!he Planning Department Ras-determined that the actions contemplated in this ordinance were adequately analyzed pursuant to the California Environmental Quality Act ("CEQA") in the Final Environmental Impact Report ("FEIR") previously prepared for the Eastern Neighborhoods Rezoning and Area Plans project. The Planning Department reviewed the proposed legislation in accordance with CEQA Guidelines Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 1 Sections 15162 and 15164. The Planning Department found that implementation of the proposed legislation would not cause new significant impacts not identified in the FEIR or result in a substantial increase in the severity of previously identified significant impacts. and no new mitigation measures would be necessary to reduce significant impacts. No changes have occurred with respect to circumstances surrounding the original project that would cause significant environmental impacts to which the modified project would contribute considerably. and no new information has been put forward which shows that the modified project would cause significant environmental impacts. To document this analysis and conclusions. the Planning Department issued an Addendum to the FEIR. (b) On Match 2. 2017. the Planning Commission found that the Addendum to the EIR. is adequate. accurate. and objective. reflects the independent analysis and judgment of the Planning Department and the Planning Commission. and concurred with said determination comply ·.vith the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determinations. including the Addendum. are-is on file with the Clerk of the Board of Supervisors in File No. 170156 and is incorporated herein by reference. The Board affirms this determination and incoroorates the Planning Commission's findings as its own. (b~) On March 2, 2017, the Planning Commission, in Resolution No. 19866, 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. 170156 and is incorporated herein by reference. (eg) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 2 reasons set forth in Planning Commission Resolution No. 19866, and the Board incorporates such reasons herein by reference. (a~) In 2008, the City adopted the Eastern Neighborhoods Plan and related zoning, in part to refine the City's approach to Production, Distribution, and Repair (PDR) uses and to preserve and encourage such uses in the southeastern neighborhoods of the city. (See e.g. Ordinance No. 297-08 (General Plan Amendments) and Ordinance No. 298-08 (Planning Code Amendments), among others.) Since the adoption of this Plan and its associated zoning, the continued establishment, evolution, and adaptation of these uses demands a more responsive set of zoning controls in the Planning Code. (ef) The zoning controls proposed in this ordinance are intended to satisfy the following policy goals: (1) Reduce land use pressures on PDR from competing uses; (2) Permit new forms of cross-subsidization for PDR uses; and, (3) Expand opportunities for PDR uses to locate in ground-floor locations. Section 2. The Planning Code is hereby amended by revising Sections 145.1. 210.3± and 210.3C, and deleting 249.38, to read as follows: SEC. 145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. (a) Purpose. The purpose of this Section is to preserve, enhance, and promote attractive, clearly defined street frontages that are pedestrian-oriented, fine-grained, and which are appropriate and compatible with the buildings and uses in Neighborhood Commercial Districts, Commercial Districts, Residential-Commercial Districts, and Mixed Use Districts. * * * * Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 3 (c) Controls. The following requirements shall generally apply, except for those controls listed in subsections ( 1) Above Grade Parking Setback and ( 4) Ground Floor Ceiling Height, which only apply to a "development lot" as defined above. * * * * (4) Ground Floor Ceiling Height. Unless otherwise established elsewhere in this Code: (A) All Gground floor non residential uses in UMU Districts shall have a minimum floor-to-floor height of 17 feet, as measured from grade. Ground floor residential uses shall also be designed to meet the City's Ground Floor Residential Design Guidelines. * * * * SEC. 210.3. PDR DISTRICTS. These Districts provide space for a wide variety of PDR (production, distribution and repair) and other non-residential activities in districts where these uses are free from inherent economic and operational competition and conflicts with housing, large office developments, and large-scale retail, which are not permitted in these Districts. Other uses that share operational characteristics with PDR uses are permitted in these Districts, as they require large flexible spaces and prefer separation from intensive housing districts. PDR-zoned land is also an important reservoir of space in San Francisco for new and evolving industry and activity types that cannot be foreseen today and cannot practically function or compete for space in a typical downtown office or neighborhood commercial environment. Business and activities allowed in PDR Districts generally share a need for flexible operating space that features large open interior spaces, high ceilings, freight loading docks and elevators, floors capable of bearing heavy loads, and large (often uncovered exterior) storage areas. These uses are often not ideally compatible with housing for operational reasons, including the need for significant trucking and delivery activities, 24-hour operation, and emission of noise, odors Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page4 and vibrations. Importantly, PDR uses are limited in the amount of rent they can afford relative to office, retail, and residential uses, yet are important sectors of the City's economy. PDR-1-8 District: Light Industrial Buffer. The intent of this District is to create a buffer area between residential neighborhoods and light industrial areas, primarily in the Bayview Hunters Point neighborhood. Thus, this District prohibits residential uses and limits Office, Retail, and Institutional uses. Generally, all other uses are permitted. This zone allows for less intensive production, distribution, and repair activities that will not compromise the quality of life of nearby residents. These uses generate less external noise, odors, and vibrations and engage in fewer trucking activities than those permitted in PDR-2 Districts. 1 O Uses in this District are generally conducted completely within enclosed structures. Small- scale Retail and Office uses are permitted, as are other activities that may serve well to buffer existing residential neighborhoods from areas of concentrated industrial operations. In considering any new land use not contemplated in this District, the Zoning Administrator shall take into account the intent of this District as expressed in this Section and in the General Plan. PDR-1-D District: Design. The intention of this District is to retain and encourage less- intensive production, distribution, and repair businesses, especially the existing clusters of design-related businesses. Thus, this District prohibits Residential and Office uses, and limits Retail and Institutional uses. Additionally, this District prohibits heavy industrial uses, which generate external noise, odors, and vibrations and engage in frequent trucking activities. Generally, all other uses are permitted. In considering any new land use not contemplated in this District, the Zoning Administrator shall take into account the intent of this District as expressed in this Section and in the General Plan. PDR-1-G District: General. The intention of this District is to retain and encourage existing production, distribution, and repair activities and promote new business formation. Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page Thus, this District prohibits Residential and Office uses, and limits Retail and Institutional uses. Additionally, this District allows for more intensive production, distribution, and repair activities than PDR-1-B and PDR-1-D but less intensive than PDR-2. Generally, all other uses are permitted. In considering any new land use not contemplated in this District, the Zoning Administrator shall take into account the intent of this District as expressed in this Section and in the General Plan. PDR-2 District: Core Production, Distribution, and Repair. The intent of this District is to encourage the introduction, intensification, and protection of a wide range of light and contemporary industrial activities. Thus, this District prohibits new housing, large office 1 O developments, large-scale retail, and the heaviest of industrial uses, such as incinerators. Generally, all other uses are permitted. The conservation of existing flexible industrial buildings is also encouraged. This District permits certain non-industrial, non-residential uses, including small-scale Retail and Office, Entertainment, certain institutions, and similar uses that would not create conflicts with the primary industrial uses or are compatible with the operational characteristics of businesses in the area. Light industrial uses in this District may be conducted entirely within an enclosed structure, partly within enclosed structures, or some functions may occur entirely in open areas. These uses may require trucking activity multiple times per day, including trucks with up to 18 wheels or more, and occurring at any time of the day or night. As part of their daily operations, PDR activities in these areas may emit noises, vibrations, odors, and other emissions, as permitted by law. Within the requirements of local, state, and federal health and safety regulations, and within the stipulation of this Code, which may impose additional use size maximums and minimum distance requirements on certain activities, raw materials used for production, manufacturing, repair, storage, research, and distribution may be stored on site and may include chemical, biological, and other hazardous, explosive, or flammable materials. In considering any new land use not contemplated in this Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 6 District, the Zoning Administrator shall take into account the intent of this District as expressed in this Section and in the General Plan. Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning Category § References PDR-1-B PDR-1-D PDR-1-G PDR-2 * * * * RESIDENTIAL STANDARDS AND USES **** Residential Uses **** Homeless Shelter §§102,208 CfM}{121 Cfi-8f{19) Cfi-8f{19) CfM}{19) **** NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category Retail Sales and Service §§ 102, p (1) p (10) p (9) p (1) Uses* 202.2(a) Adult Business §102 NP p p p Animal Hospital §102 p p p p Cat Boarding §102 p p p p Grocery Store, General §§102, 202.3 p (1) p (13) p (12) p (1) Gym §§102. 210.3C P-fl-}NP J2-(-H)NP P-fl-2f NP P-fl-}NP (20) (20) Hotel §102 NP NP NP NP Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 7 Kennel §102 NP p p Massage Establishment §102 -GNP -GNP G-NP Massage, Foot/Chair §102 PNP .P.NP P-NP Mortuary §102 p NP p Motel §§102, 202.2 NP NP NP * * * * * Not listed below. (1) See Table J10.3A. (2) See Table £10.3A. (3) NP above 7,500 Gross Square Feet. (4) Required to be in an enclosed building, NP if operated on open lot. (5) NP above 5,000 Gross Square Feet. (6) More than 3 screens NP. (7) NP above 20,000 Gross Square Feet. Housing is not permitted. (8) C if above 5,000 Gross Square Feet. p -GNP PNP p NP (9) In this District, all uses with this reference number are limited to a cumulative total of 2,500 Gross Square Feet per lot. (10) In this District, all uses with this reference number are limited to a cumulative total of 5,000 Gross Square Feet per lot. (11) Printing shop and newspaper publication limited to 5,000 Gross Square Feet. (12) C required if larger than 2,500 Gross Square Feet per lot; Gyms greeter then 2,500 Gross Squere Feet m'bt8t include equipment end spece for weightlifting end cerdiovft8cufftr ectivities. (13) C required if larger than 5,000 Gross Square Feet per lot; Gyms greeter then 5,000 Gro88 Squere Feet m'bt8t include equipment and spece for rveightlifting end cardimwcufftr ecti"vities. (14) C if in a designated landmark per Section 210.38. Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page8 (15) C required if taller than 25 feet above roof, grade or height limit depending on site or if within 1,000 feet of an R District and includes a parabolic antenna with a diameter in excess of three meters or a composite diameter of antennae in excess of six meters. See definition in § 102 for more information. (16) NP A_qbove 2,500 Gross Square Feet. (17) C required for properties within the Third Street Formula Retail Restricted Use District (§ 786), which includes properties fronting Third Street between Williams Avenue and Paul Street. (18) C if a Macro WTS Facility; P if a Micro WTS Facility. 1 O fl-8}(19) In this District, Homeless Shelter uses are permitted only with Conditional Use authorization and only if each such use (a) would operate for no more than four years, and (b) would be owned or leased by, operated by, and/or under the management or day-to- day control of the City and County of San Francisco. If such a use is to be located within a building or structure, the building or structure must be either (a) preexisting, having been completed and previously occupied by a use other than a Homeless Shelter, or (b) temporary. In this District, construction of a permanent structure or building to be used as a Homeless Shelter is not permitted. (20) NP except as provided in Section 210.3C. * * * * SEC. 210.3C. ALLOWANCE FOR USES TO SUPPORT THE DEVELOPMENT OF NEW PDR SPACE IN THE PDR-1-D AND PDR-1-G DISTRICTS. * * * * (b) Geography. This provision applies to parcels that meet all of the following criteria: ( 1) Are located in either the PDR-1-D or PDR-1-G Districts; (2) Are located north of 20th Street; Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page (3) Contain a floor area ratio of 0.3 gross floor area or less as of January 1, 2014;and (4) Are 20,000 square feet or larger. (c) Controls. The Planning Commission may permit, per the procedures described below in Subsection ( d), non-PDR uses on the subject lot pursuant to the following provisions: (1) At least 1/3 of the total Gross Floor Area developed on the parcel shall contain PDR Uses, as defined in Section 102. (2) For purposes of this Subsection, every square foot of Small Enterprise Workspace, as defined in Section 102, shall count as 0.5 square feet of PDR space and 0.5 square feet of non-PDR space as specified in Subsection (3) below. (3) The non-PDR space may contain one or he-th a combination of the following uses: (A) Office Uses, as defined in Section 102; and/or (B) Institutional Uses, as defined in Section 102, except for Hospitals;-,: and/or (C) Gym Use, as defined in Section 102. (4) Uses other than those listed in Subsections (2) and (3) above, such as retail, are subject to the controls of the underlying district. (5) No residential uses are permitted, even as part of Institutions as defined under Section 890.50, except as allowed pursuant to Section 204.4. * * * * SEC. 249.38. TRANSIT ORIEIVTED RETAIL SPECL4L USE DISTRICT. (a) P-urp6se. The Transit Oriented Retail Special Use District is intended to support street activity along 16th Street. Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 1 (b) Geogrflp!ty. The boundaries o.f thc Transit Oriented Retail Special Use District include all parcels in PDR Districts that arc along 16th St. frem 1Wissien St. to Potrcro Avenue. (c) Contl'Ols. AllprmJisiens (}fthc Plenning Code currently ttpplicabk shall continue to ttpply, except that the amount and types of retail sales and services allowed on a parcel will be controlled in the same manner as in the [JA1UDistrict or the underlying z;oning district, whichever is greater. Section 3. The Planning Code is hereby amended by revising Sectional Maps SU07, SU08, HT07, and HT08 of the Zoning Map of the City and County of San Francisco as follows: 1 O (a) The Transit Oriented Retail Special Use District, formerly Planning Code Section 249.38, having been repealed by this ordinance, Sectional Maps SU07 and SU08 are amended accordingly, as follows: Description of Property Assessor's Block 3551, Lots 001, 003; Assessor's Block 3552, Lot 012-013; Assessor's Block, 3553, 014; Assessor's Block 3571, Lots 001-002, 002A, 014; Assessor's Block 3572, Lots 001, 019-020, 020A, 020B, 020C, 021; Assessor's Block 3926, Lot 002; Assessor's Block 3927, Lot 004; Assessor's Block 3928, Lots 013-015; Assessor's Block 3966, Lot 001. Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Special Use District Deleted Transit Oriented Retail Special Use District Page 11 (b) Sectional Maps HT07 and HT08 are amended as follows: Description of Property Height and Bulk Districts to Height and Bulk Districts be Superseded Hereby Approved Assessor's Block 3526, Lots 40-X 48-X 005-006; Assessor's Block 3548, Lots 028, 048, 050, 052, 063-064, 085, 094-098, 111-118, 124-126, 167-170; Assessor's Block 3570, Lots 042-043, 045-047, 137-140; Assessor's Block 3575, Lots 099; 104-106;Assesso(s Block 3612, Lots 007 008, 010 012, 082 109, 117 119; Assessor's Block 3613, Lots 011-012, 056-070; Assessor's Block 3639, Lots 001, 004A,004B, 006,025, 027-030, 035-036, 039-112, Assessor's Block 3640, Lots 036-039; Assessor's Block 3781, Lots 001A, 003, 011; Assessor's Block 3985, Lot 024; Assessor's Blocltt 3986, Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 12 Lots 008, 011, 014, 016 041; Assessor's Block 3987, Lots 003A,007,009A,009B,012 013, 017 022, 024' 036 038; Assessor's Block 3999, Lots 006 007, 010, 013 014; Assessor's Block 4 000, Lots 024' 028 050, 053 074; Assessor's Block 4001, Lots 001, 001 A, 023 024; Assessor's Block 4005, Lots 001 B, 004, 006 007; Assessor's Block 4006, Lots 006, 010 020; Assessor's Block 4008, Lots 001, 001A, 002; Assessor's Block 4025, Lots 013, 015 020; Assessor's Block 4034, Lots 006 100; Assessor's Block 4084, Lots 026-029, 031- 032, 049-068; Assessor's Block 4106, Lots 023 024, 030 176; Assessor's Block 4107, Lots 001 B, 022, 026 057; Assessor's Block 4108, Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 13 Lots 003C, 003E, 003H, 003P, 015, 017 018, 022 031, 038 040; Assessor's Block 4147, Lots 001, 035- 065; Assessor's Block 4167, Lot 013; Assessor's Block 4224, Lots 047 048, 051 060, 063 088, 094 119, 125 149, 154 157, 163 170 Assessor's Block 4108, Lot GWG Assessor's Block 3987, Lot 9W Assessor's Block 3575, Lot Assessor's Block 394 8, Lots 001A,003B;Assesso~s Block 3995, Lots 020, 045 052, 073 088; Assessor's Block 4043, Lots 011B, 014 016; Assessor's Block 4060, Lots 001, 004, 006 063; Assessor's Block 4084, Lots 001, 036, 044-048i Assessor's Block 4108, Lots Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS 40 X/45 x 48--X 40 X/48 x 48--X 40-X/58-X 48-X/58-X 45-X 48-X Page 14 003, 003A, 003B, 003F, 003J, 003L, 003M, 003N, (}WR Assessor's Block 4080, Lots 015 059, 067 142 Assessor's Block 4044, Lot ~ Assessor's Block 3549, Lots 024-026, 045-047, 050A, 051-057, 059-064, 084, 090- 091 ; Assessor's Bock 3552, Lots 026-029, 029A, 029B, 030-035, 037-038; Assessor's Block 3571, Lot 004C; Assessor's Block 3574, Lots 087-088; Assessor's Block 3575, Lots 097, 100; Assessor's Block 3591, Lots 019-022~ Assessor's Block 3996, Lots 012, 017 018; Assessor's Block 4042, Lots 003 004; Assessor's Block 4043, Lot G-1-2A Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS 45 X/58 x 48 X/58 x 4 5 X/58 X/68 x 4 8 X/58 X/68 x 50-X 58-X Page 15 9 I Assessor's Block 3552, Lot 50-X/58-X Assessor's Block 3930A, Lot 8a-X 002; Assessor's Block 3962, Lots 007, 011, 015 086 58-X Section 4. Exemption. Any project for which a development application, as defined in Planning Code Section 401, was submitted by February 7, 2017, shall be exempt from the amendments related to Gym use contained in this ordinance (specifically, the amendments to Planning Code Table 210.3 and its footnotes and Section 210.3C(c)(3)(C)) and shall be considered under the law related to such use in effect prior to the effective date of this ordinance. 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. Except as stated in Section 3 with reference to the Zoning Map, 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 Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 16 ordinance. With regard to Section 3. the Board of Supervisors intends to amend Sectional Maps SU07. SU08. HT07. and HT08 of the Zoning Map of the City and County of San Francisco as described therein. APPROVED AS TO FORM: DENNIS. J. HERRERA, City Attorney By: ( ~11'\("}-- MARLENA BYRNE Deputy City Attorney n:\land\as2017\ 1700381 \01187989.docx Mayor Lee; Supervisor Ronen BOARD OF SUPERVISORS Page 17 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 170156 Date Passed: May 16, 2017 Ordinance amending the Planning Code and Zoning Map to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and correct the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for groundfloor PDR uses; affirming the Planning Commission'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. May 01, 2017 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE May 01, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED May 09, 2017 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee May 16, 2017 Board of Supervisors - FINALLY PASSED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee File No. 170156 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 5/16/2017 by the Board of Supervisors of the City and County of San Francisco. Mayor Date Approved City and County of San Francisco Page4 Printed at 12:47 pm on 5117117