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FILE NO. 230164 ORDINANCE NO. 108-23 [Planning Code - Non-Conforming Public Parking Lots in the Mission Street NCT District] Ordinance amending the Planning Code to allow continued use of existing shared spaces in specified public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment of the underlying vehicular parking use; 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. 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 Nev.1 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. (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. 230164 and is incorporated herein by reference. The Board affirms this determination. (b) On April 20, 2023, the Planning Commission, in Resolution No. 21302, 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 Supervisors Ronen; Mandelman BOARD OF SUPERVISORS Page 1 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. 230164, and is incorporated herein by reference. (c) The Emergency Shared Spaces Program (the "Emergency Program"), as established in Administrative Code Chapter 94A, has proven that small business owners can safely and appropriately activate outdoor areas adjacent to their brick-and-mortar establishments for food service and other uses. These activations have been, and continue to be, critical for small business retention and stabilization in the City's neighborhoods, as well as retention of jobs and tax revenues. After the Emergency Program terminates in 2023, such outdoor activations, where possible, should continue under the appropriate permitting mechanisms to ensure the continued economic and social benefits that these activations provide. (d) The Board of Supervisors finds that this ordinance is necessary to enable neighborhood business owners in the Mission Street Neighborhood Commercial Transit Zoning District ("Mission Street NCT"), under limited circumstances, to continue Shared Spaces, such as patios, that were initially authorized under the Emergency Program for certain parking lots on private property. The Board of Supervisors recognizes the economic, health, safety, and recreational contributions that Shared Spaces have provided to commercial enterprises, neighborhood businesses, and City residents and visitors. With this ordinance, the Board intends to enable business owners in the Mission Street NCT to continue operating Shared Spaces in certain parking lots in the same manner initially authorized under the Emergency Program. Section 2. Article 1. 7 of the Planning Code is hereby amended by revising Section 183, to read as follows: SEC.183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT. Supervisors Ronen; Mandelman BOARD OF SUPERVISORS Page 2 (a) Discontinuance and Abandonment of a Nonconforming Use, Generally. Whenever a nonconforming use has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being so changed, discontinued, or abandoned be reestablished, and the use of the property thereafter shall be in conformity with the use limitations of this Code for the district in which the property is located. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment. * * * * (d) Discontinuance or Abandonment of a Public Parking Lot in the Mission Street NCT District. Notwithstanding subsection {a) of this Section, when less than 25% of the parking spaces within a legally established, nonconforming Public Parking Lot located in the Mission Street NCT Zoning District is converted to an Outdoor Activity Area for a separate use, such conversion does not constitute a discontinuance or abandonment of that portion of the Public Parking Lot use. However. if the remaining Public Parking Lot use is discontinued or abandoned, then the portion converted to Outdoor Activity Area shall also be deemed to be discontinued or abandoned. 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 Supervisors Ronen; Mandelman BOARD OF SUPERVISORS Page 3 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/ JOHN D. MALAMUT Deputy City Attorney n:\legana\as2023\2300115\01655577.docx Supervisors Ronen; Mandelman BOARD OF SUPERVISORS Page 4 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230164 Date Passed: June 13, 2023 Ordinance amending the Planning Code to allow continued use of existing shared spaces in specified public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment of the underlying vehicular parking use; 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. May 22, 2023 Land Use and Transportation Committee - RECOMMENDED June 06, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani and Walton Excused: 1 - Ronen June 13, 2023 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 230164 London N. Breed Mayor City and County ofSm1 Francisco Pagel I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 6/13/2023 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 2:19 pm 011 6/14/23