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AMENDED IN COMMITTEE FILE NO. 181153 6/3/2019 ORDINANCE NO. 115-19 [Planning Code - Regional Commercial and Folsom Street Neighborhood Commercial Transit Districts, Arts Activities and Nighttime Entertainment Uses] Ordinance amending the Planning Code to allow Arts Activities as a principally permitted use in the RCD (Regional Commercial District), to conditionally permit Nighttime Entertainment uses within the RCD in historic buildings and buildings that contribute to a historic district and to principally permit such uses in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street}, to exempt Nighttime Entertainment in the RCD from the 200-foot buffer requirement, and to require a Preservation, Rehabilitation and Maintenance Plan for uses within the Folsom Street Neighborhood Commercial Transit and RCD 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 adopting findings of public necessity, convenience, and general 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 NeH' 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 Supervisor Haney BOARD OF SUPERVISORS Page 1 Supervisors in File No. 181153 and is incorporated herein by reference. The Board affirms this determination. (b) On February 6, 2019, the Historic Preservation Commission considered this ordinance at a duly noticed public hearing and in Resolution No. 1020 recommended approval with modifications. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 181153. (c) On February 21, 2019, the Planning Commission, in Resolution No. 20389, 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. 181153, 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 general welfare for the reasons stated in Planning Commission Resolution No. 20389. Section 2. Article 7 of the Planning Code is hereby amended by revising Sections 703.9, 758, and 823, to read as follows: SEC. 703.9. PRESERVATION OF HISTORIC BUILDINGS WITHIN THE FOLSOM STREET NCT AND RCD DISTRICTS. The following controls are intended to support the economic viability of buildings of historic importance within the Folsom NCT and RCD Districts. (a) This subsection (a) Section 703.9 applies only to buildings that are a designated landmark building per Article 10 of the Planning Code, buildings designated as Category I-IV pursuant to Article 11 of this Code and located within the Extended Preservation District, or a building listed in or determined individually eligible for or contributory to a district listed on the Supervisor Haney BOARD OF SUPERVISORS Page 2 National Register of Historic Places or the California Register of Historical Resources by the State Office of Historic Preservation. (b) Non-Retail Professional Services, Retail Professional Services, Philanthropic Administrative Services, Financial Services, Fringe Financial Services, Gyms, Limited Financial Services, Health Services, Personal Services and Instructional Services, as defined in Section 102, are Principally pfermitted as a.fright. In the RCD District only, in addition to the above uses, Arts Activities as defined in Section 102 are Principally Permitted and Nighttime Entertainment uses as defined in Section 102 require Conditional Use authorization, except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street). For all uses listed above, provided that prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission, shall determines that allowing the use will enhance the feasibility of preserving the building. The proiect sponsor must also submit a Preservation. Rehabilitation. and Maintenance Plan that describes any proposed preservation and rehabilitation work and that guarantees the maintenance and upkeep of the historic resource for approval by the Department. This Plan shall include: a plan for the ongoing maintenance o[the subiect property; (i) (ii) information regarding the nature and cost of any rehabilitation, restoration, or preservation work to be conducted at the subiect property, including information about any required seismic, life safety. or disability access work; (iii) a construction schedule; and (iv) such other information as the Department may require in order to determine compliance with this subsection 703.9(b). Supervisor Haney BOARD OF SUPERVISORS Page 3 (c) The Historic Preservation Commission shall review the proposed project for compliance with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001 )) and any applicable provisions of the Planning Code. SEC. 758. REGIONAL COMMERCIAL DISTRICT. The Regional Commercial District (RCD) is located along the 9th Street and 10th Street corridors, generally running from Mission Street to Harrison Street, and provides for a wide variety of commercial uses and services to a population greater than the immediate neighborhood. While providing convenience goods and services to the surrounding neighborhood, the RCD corridors are also heavily trafficked thoroughfares into and out of the City that serve shoppers from other neighborhoods and cities. Large-scale lots and buildings and wide streets distinguish the RCD from smaller- scaled neighborhood commercial streets, although the district also includes small as well as moderately scaled lots. Buildings typically range in height from two to four stories with occasional taller structures. A diverse commercial environment is encouraged for the RCD. Eating and drinking establishments, general retail, office, certain auto uses, and production, distribution, and repair uses generally are permitted with certain limitations at the first and second stories. Arts e4_ctivities are encouraged on all floors,-lntt: and nNighttime e&ntertainment uses are prohibited allowed on the First and Second Stories in historic building with Conditional Use authorization.,_ except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No. 120 {currently St. Joseph's Church at 1401 Howard Street). Housing development is encouraged at the second story and above, and permitted on the ground floor on smaller lots. Student housing is not permitted, and existing residential Supervisor Haney BOARD OF SUPERVISORS Page 4 units are protected by limitations on demolitions and conversions. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE Regional Commercial District Zoning § References Controls Category * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Controls by Story 1st 2nd 3rd+ * * * * Entertainment, Arts and Recreation Use Category Entertainment, Arts and §§ 102, 202.4 NP NP NP Recreation Uses* Arts Activities § 102 r_ r_ r_ Entertainment, § 102 NP(3) NP(3) NP Nighttime * * * * * * * * * * * * * * * * * * * * * Not listed below. * * * * (3) {}late deleted.} Con First and Second Story in historic buildings and P in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street) per Section 703.9,_and subject to the Good Neighbor Policies for Nighttime Entertainment activities in Planning Code Section 803.5(lz). Supervisor Haney BOARD OF SUPERVISORS Page 5 SEC. 823. WESTERN SOMA SPECIAL USE DISTRICT. * * * * (c) Controls. All provisions of the Planning Code shall apply except as otherwise provided in this Section. * * * * (9) Buffers from Nighttime Entertainment and Animal Services. Additional requirements applicable to nNighttime e-g'.ntertainment uses and kKennels, as defined in Section I 02 -2d4, are as follows: (A) Nighttime Entertainment. No portion of a non-accessory nNighttime e-g'.ntertainment use, as defined in Section 102-:+7- of this Code, shall be permitted within 200 linear feet of any property within a RED or RED-MX District. This buffer shall not apply to {Jl any nNighttime e-g'.ntertainment use within the WMUO District where a nNighttime e-g'.ntertainment use that was established with a building permit application or a permit from the Entertainment Commission or San Francisco Police Department was in operation within five years prior to submission of a building permit application to re-establish a nNighttime e-g'.ntertainment use or(ii) a Nighttime Entertainment Use established within the Regional Commercial District pursuant to Section 703.9(b) ofthis 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. Supervisor Haney BOARD OF SUPERVISORS Page 6 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 n· HERRERA, City Attorney '.( I / :Y / •• ' By. /Jb\z{A?;'".;)'.? (?. z~, ;/7 >, ... ) .{. •! j DITH A. BOYAJl~N'/ /Deputy City Attorney n:\legana\as2019\1900240\01365699.docx Supervisor Haney BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 FileNumber: 181153 Date Passed: June 18, 2019 Ordinance amending the Planning Code to allow Arts Activities as a principally permitted use in the RCD (Regional Commercial District), to conditionally permit Nighttime Entertainment uses within the RCD in historic buildings and buildings that contribute to a historic district and to principally permit such uses in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street), to exempt Nighttime Entertainment in the RCD from the 200-foot buffer requirement, and to require a Preservation, Rehabilitation and Maintenance Plan for uses within the Folsom Street Neighborhood Commercial Transit and RCD 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. May 13, 2019 Land Use and Transportation Committee - CONTINUED June 03, 2019 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE June 03, 2019 Land Use and Transportation Committee - RECOMMENDED AS AMENDED June 11, 2019 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Safai, Stefani, Walton and Yee · Absent: 1 - Mar June 18, 2019 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 11:48 am on 6/19/19 File No. 181153 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 6/18/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:48 am on 6/19/19