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AMENDED IN COMMITTEE FILE NO. 180086 4/30/2018 ORDINANCE NO. 122-18 [Planning Code - Legitimization and Reestablishment of Certain Self-Storage Uses] Ordinance amending the Planning Code to allow the owner of premises leased to the City and County of San Francisco for a public safety-related use to resume a pre- existing Self-Storage use after the City vacates the property without regard to whether that Self-Storage use was established with benefit of permit; 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 strikctl'l:r0b1gh italics Times l'lc.+· Romm'l:font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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. 180086 and is incorporated herein by reference. The Board affirms this determination. (b) On April 19, 2018, the Planning Commission, in Resolution No. 20155, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Supervisor Kim BOARD OF SUPERVISORS Page 1 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. 180086, 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. 180086 and the Board adopts said reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Section 183, to read as follows: SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT. (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. Where a Massage Establishment is nonconforming for the reason that it is within 1,000 feet of another such establishment or because it is no longer permitted within the district, discontinuance for a continuous period of three months or change to a conforming use shall constitute abandonment. * * * * Supervisor Kim BOARD OF SUPERVISORS Page 2 (c) Discontinuance or Abandonment of Self-Storage Use Due to City and County Occupancy. Adoption of the Western South of Market Area Plan resulted in certain land uses, including Self-Storage, that were previously permitted no longer being permitted. The purpose of this subsection 183(c) is to establish a process by which the owner of property with a Self- Storage use that was established and is operating without the benefit of a required change of use permit may seek and obtain the required permit, lease the property to the City and County of San Francisco for a public safety-related purpose, and re-establish a legal nonconforming Self-Storage use after the City vacates the property. An existing nonconforming Self Storage use or a Self Storage use that is legitimized pursuant to subsection (c)(4) belovv, that in either case is changed to a public safety related use due solely to occupancy by the City and County of San Francisco acting through any of its departments, shall not be considered discontinued or abandoned for purposes of subsection (a) above or any other provision of this Code and the property ovmer may resume use of the premises as a Self Storage use after the City vacates the property, provided that: (i) the City's occupancy was for a public safety related purpose classified as a Public Use under Section 890.80 of the Planning Code and (ii) the property oi.vner resumes the Self Storage use within two years from the later of (I) the date the City vacated the property or (II) the date the City's lease for the property was terminated. The property owner shall apply for and obtain any permits required to resume the Self Storage use within one year from the date the City vacates the property. (1) Legitimization of Existing Self-Storage Use: Notice and Discretionary Review ofthe Building Permit. In the case of a Self-Storage use that was established and has been operating without the benefit of a required change of use permit, the property owner may seek and be granted such permit notwithstanding the limitation of No. 846.48 in Table 846 of this Code, If a building permit is required to resume the pre existing Self Storage use and the Supervisor Kim BOARD OF SUPERVISORS Page 3 permit application is limited to its reestablishment, the permit application shall not be subiect to the notification requirements of Section 312 or other notification requirements of this Code. and no requests for discretionary review o(the building permit shall be accepted by the Planning Department or heard by the Planning Commission provided that: (A) the permit application is filed for a property located within (i) the Service/Arts/Light Industrial Zoning District and (ii) 1,000 feet of the South Of Market Special Hall Of Justice Legal Services District: and (B) the Zoning Administrator has determined that the existing Self- Storage use (i) has been regularly operating or functioning prior to the effective date of this subsection 183(c) and (ii) is not accessory to any other use; and (C) prior to issuance of the building permit to legitimize the existing Self-Storage use. the property owner pays the Transit Impact Development Fee required by Planning Code Section 411 et seq. in the amount that was in effect and would have been due at the time of the original establishment of the existing Self-Storage use; and (D) the building permit to legitimize the existing Self-Storage use is issued prior to the earlier of (i) commencement of occupancy by the City for a public-safety related purpose or (ii) issuance of a building permit to establish the public safety-related use. If the property owner has not applied for a building permit to legitimize an existing Self- Storage use and the permit is not issued as set forth in this subsection (c)(1 ), the Self-Storage use shall be deemed irrevocably abandoned and may not be re-established. (2) Change of Use from a Self-Storage Use to Public Use: Notice and Discretionary Review of the Building Permit. Any building permit that is required for the City's occupancy of the property for a public-safety related purpose classified as a Public Use under Section 890.80 of this Code shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary Supervisor Kim BOARD OF SUPERVISORS Page4 review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission. (3) Re-establishment of Self-Storage Use; Notice and Discretionary Review of the Building Permit. An existing nonconforming Self-Storage use or a Self- Storage use that is legitimized pursuant to subsection (c)(1 ). that in either case is changed to a public safety-related use due solely to occupancy by the City and County of San Francisco acting through any of its departments, shall not be considered discontinued or abandoned for purposes of subsection (a) above or any other provision of this Code and the property owner may resume use of the premises as a Self-Storage use after the City vacates the property, provided that: (A) the City's occupancy was for a public safety-related purpose classified as a Public Use under Section 890.80 of the Planning Code: (B) if the pre-existing Self-Storage use had been established and was operating without the required change of use permit, the property owner applied for and was granted a building permit to legitimize the pre-existing Self-Storage Use pursuant to subsection (c)(1): and (C) the property owner resumes the pre-existing Self-Storage use within two years from the later of (i) the date the City vacated the property or (ii) the date the City's lease for the property was terminated. The property owner shall apply for and obtain any permits required to resume the pre- existing Self-Storage use within one year from the date the City vacates the property. If the application for a permit is limited to re-establishment of the pre-existing Self-Storage use. the application shall not be subject to the notification requirements of Section 312 or other notification requirements of this Code, and no requests for discretionary review of the building permit shall be accepted by the Planning Department or heard by the Planning Commission. Supervisor Kim BOARD OF SUPERVISORS Page 5 cl_~) Extensions o{Time. (A) If a permit to resume the pre-existing SelfStorage use is issued but delayed due to an action before the Board of Appeals or other City agency, or a case in any court of competent iurisdiction, the time to resume such pre-existing use shall be extended by the amount oftime final action on the permit was delayed. (B) The Zoning Administrator may grant one or more extensions of the time within which the pre-existing SelfStorage use must be resumed ifthe owner or owners ofthe property have made a good-faith effort to comply but are unable to do so for reasons that are not within their control. {§_~) Notice to Property Owner. The Planning Department shall provide written notice to the owner o{record of any property that is within the scope of Section 183 (c) of any proposed ordinance to substantively amend this Section 183 (c) prior to a hearing thereon by the Planning Commission, provided that the property owner has sent a written request for said notice to the Zoning Administrator. (4) Legitimization of Existing Use. In the case of a Self Storage use that v,as established and has been operating without the benefit of a required permit, the ovmer of such Self Storage use may seek and be granted such permit notwithstanding the limitations of Section 846.48 of this Code and pursuant to the provisions set forth above in subsection (c)(1) of this Section 183, so long as such permit: (A) is filed for a property located within (i) the Service/J\rts/Light Industrial Zoning District and (ii) 1,000 feet of the South Of Market Special Hall Of Justice Legal Services District; and (B) relates to a Self Storage use which the Zoning Administrator determines_(i) existed as of the date of the application for the required permit, (ii) would have been principally permitted or permitted with Conditional Use authorization under the Supervisor Kim BOARD OF SUPERVISORS Page 6 provisions of the Planning Code that were effective at the date of the establishment of the Self Storage use, (iii) has been regularly operating or functioning on a continuous basis for no less than five years prior to the effective date of this subsection (c)(4); and (iv) is not accessory to any other use; and (C) is issued subsequent to the ovmer's payment of any and all fees that would have been due at the time of the original establishment of the existing Self Storage use, including but not limited to the Transit Impact Development Fee required by Planning Code Section 411 et seq.; and (D) is issued prior to the earlier of both (i) commencement of occupancy by the City for a public safety related purpose or (ii) issuance of any required building permit to establish the public safety related use. In the case that the permit required to "legitimize" the Self Storage use is not issued as set forth in this subsection (c)(4), the existing Self Storage use shall be deemed irrevocably 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 Code that are explicitly shown in this ordinance as additions, deletions, Board amendment Supervisor Kim BOARD OF SUPERVISORS Page 7 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: Supervisor Kim BOARD OF SUPERVISORS Page 8 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180086 Date Passed: May 15, 2018 Ordinance amending the Planning Code to allow the owner of premises leased to the City and County of San Francisco for a public safety-related use to resume a pre-existing Self-Storage use after the City vacates the property without regard to whether that Self-Storage use was established with benefit of permit; 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. April 30, 2018 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE April 30, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED May 08, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee May 15, 2018 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee File No. 180086 Mark E. Farrell Mayor City and County ofS,m Francisco Page3 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 5/15/2018 by the Board of Supervisors of the City and County of San Francisco. A. I " Q,Q,c:l.~ Angela Calvillo Clerk of the Board Date A Printed at 10:48 am on 5/16/18