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FILE NO. 200421 ORDINANCE NO. 135-20 Supervisor Ronen BOARD OF SUPERVISORS Page 1 [Planning Code - Continuation of Use for Certain Nonconforming Parking Lots - Mission Street Neighborhood Commercial Transit District] Ordinance amending the Planning Code to allow in the Mission Street Neighborhood Commercial Transit District the continuance of a nonconforming parking lot that is on the site of a designated City landmark; 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 New 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. 200421 and is incorporated herein by reference. The Board affirms this determination. (b) On July 16, 2020, the Planning Commission, in Resolution No. 20761, 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 Supervisor Ronen BOARD OF SUPERVISORS Page 2 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. 200421, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that these Planning Code amendments will serve the public necessity, convenience, and general welfare for the reasons set forth in Planning Commission Resolution No. 20761. Section 2. The Planning Code is hereby amended by revising Section 184, to read as follows: SEC. 184. SHORT-TERM CONTINUANCE OF CERTAIN NONCONFORMING USES. Except as provided in subsection (c) below, Tthe period of time during which the following nonconforming uses may continue or remain shall be limited to five years from the effective date of this Code (May 2, 1960), or of the amendment thereto which caused the use to be nonconforming. Every such nonconforming use shall be completely eliminated within 90 days after the expiration of such period. (a) A Parking Lot or any other Any nonconforming commercial or industrial use of land where no enclosed building is involved in such use, except for permanent off-street Parking Lots in the C-3-O, C-3-R, and C-3-G Districts existing on the effective date of Ordinance No. 414-85, provided that such lots are screened in the manner required by Section 156(e); such permanent uses shall be eliminated no later than five years and 90 days from the effective date of an amendment to this Code that makes such permanent uses nonconforming. (b) Any use of a type first permitted as a pPrincipal or cConditional uUse in an NC, RC, C, or M District or in a Residential-Commercial Combined District, when occupying a building in an R District other than a Residential-Commercial Combined District that has an Supervisor Ronen BOARD OF SUPERVISORS Page 3 assessed valuation not in excess of $500 on the effective date of this Code or such later date as the use becomes nonconforming, with the following exceptions: (1) Any lawful use in this category in a building having an assessed valuation of $250 or more on the effective date of this Code, or such later date as the use becomes nonconforming, shall have a period of permitted continuance of 10 years from the date at which the property was placed in a residential zoning classification, if such a period of continuance produces an expiration date that is later than the expiration date stated above; or (2) Any lawful use in this category that is of a type first permitted in an NC-1 District; or of a type first permitted in any other district and supplying commodities at retail, or offering personal services, primarily to residents of the immediate vicinity; shall have a period of permitted continuance of 10 years from the effective date of this Code, or of the amendment thereto that caused the use to be nonconforming. After five years of such period have elapsed, any use as described in this Paragraph (b)(2) shall, upon application, be qualified for consideration by the Planning Commission as a conditional use as regulated in Section 303 of this Code. (c) In the Mission Street Neighborhood Commercial Transit District, a Parking Lot that is on the site of a designated landmark under Article 10 of this Code as of the effective date of this Ordinance No. _____ may continue its Use as a Parking Lot for five additional years from the original expiration date provided by this Section 184. 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 135-20 Supervisor Ronen BOARD OF SUPERVISORS Page 4 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 J. HERRERA, City Attorney By: /s/ Judith A. Boyajian JUDITH A. BOYAJIAN Deputy City Attorney n:\legana\as2020\2000461\01444330.docx City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 102-4689 File Number: 200421 Date Passed: August 11, 2020 Ordinance amending the Planning Code to allow in the Mission Street Neighborhood Commercial Transit District the continuance of a nonconforming parking lot that is on the site of a designated City landmark; 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. July 20, 2020 Land Use and Transportation Committee - RECOMMENDED July 28, 2020 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee August 11, 2020 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee File No. 200421 London N. Sreed Mayor City amt County of San Francisco Page I I hereby certify that the foregoing Ordinance was FINALLY PASSED on 8/11/2020 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 9:22 am on 8112120