o0161-17

FILE NO. 170430 ORDINANCE NO. 161-17 [Planning Code - Landmark Designation - 1970 Ocean Avenue (aka El Rey Theater)] Ordinance amending the Planning Code to designate 1970 Ocean Avenue (aka El Rey Theater), in Assessor's Parcel Block No. 3280, Lot No. 018, as a Landmark under Article 1 O of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience and welfare findings under Planning Code, Section 302, and 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 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) CEQA and Land Use Findings. (1) The Planning Department has determined that the proposed Planning Code amendment is subject to a Categorical Exemption from the California Environmental Quality Act (California Public Resources Code section 21000 et seq., "CEQA") pursuant to Section 15308 of the Guidelines for Implementation of the statute for actions by regulatory agencies for protection of the environment (in this case, landmark designation). Said determination is on file with the Clerk of the Board of Supervisors in File No. 170430 and is incorporated herein by reference. (2) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the proposed landmark designation of 1970 Ocean Avenue (aka El Rey Theater), Lot 018, in Assessor's Block 3280, will serve the public necessity, convenience and welfare for the Supervisors Yee; Peskin, Safai BOARD OF SUPERVISORS Page 1 reasons set forth in Historic Preservation Commission Resolution No. 861, recommending approval of the proposed designation, which is incorporated herein by reference. (3) The Board finds that the proposed landmark designation of 1970 Ocean Avenue (aka El Rey Theater), Lot 018, in Assessor's Block 3280 is consistent with the San Francisco General Plan and with Planning Code Section 101.1 (b) for the reasons set forth in Historic Preservation Commission Resolution No. 861, recommending approval of the proposed designation, which is incorporated herein by reference. (b) General Findings. (1) Pursuant to Section 4.135 of the Charter of the City and County of San 1 o Francisco, the Historic Preservation Commission has authority "to recommend approval, disapproval, or modification of landmark designations and historic district designations under the Planning Code to the Board of Supervisors." (2) On August 17, 2016, the Historic Preservation Commission added 1970 Ocean Avenue (aka El Rey Theater), Lot 018 in Assessor's Block 3280, to the Landmark Designation Work Program. (3) The Designation report was prepared by experts and reviewed by Planning Department Preservation staff. All preparers meet the Secretary of the Interior's Professional Qualification Standards and the report was reviewed for accuracy and conformance with the purposes and standards of Article 10. (4) The Historic Preservation Commission, at its regular meeting of December 7, 2016, reviewed Department staff's analysis of 1970 Ocean Avenue's historical significance per Article 10 as part of the Landmark Designation Case Report dated December 7, 2016. (5) On January 18, 2017, the Historic Preservation Commission passed Resolution No. 841, initiating designation of 1970 Ocean Avenue (aka El Rey Theater), Lot 018 in Assessor's Block 3280, as a San Francisco Landmark pursuant to Section 1004.1 of Supervisors Yee; Peskin, Safai BOARD OF SUPERVISORS Page 2 the San Francisco Planning Code. Such motion is on file with the Clerk of the Board in File 170430 and incorporated herein by reference. (6) On April 5, 2016, after holding a public hearing on the proposed designation and having considered the specialized analyses prepared by Planning Department staff and the Landmark Designation Case Report, the Historic Preservation Commission recommended approval of the proposed landmark designation of 1970 Ocean Avenue (aka El Rey Theater}, Lot 018, in Assessor's Block 3280, in Resolution No. 861. Such resolution is on file with the Clerk of the Board in File No. 170430. (7) The Board of Supervisors hereby finds that 1970 Ocean Avenue (aka El Rey Theater), Lot 018, in Assessor's Block 3280, has a special character and special historical, architectural, and aesthetic interest and value, and that its designation as a Landmark will further the purposes of and conform to the standards set forth in Article 10 of the San Francisco Planning Code. Section 2. Designation. Pursuant to Section 1004 of the Planning Code, 1970 Ocean Avenue (aka El Rey Theater), Lot 018, in Assessor's Block 3280, is hereby designated as a San Francisco Landmark under Article 10 of the Planning Code. Ill Ill Ill Ill Supervisors Yee; Peskin, Safai BOARD OF SUPERVISORS Page 3 Section 3. Required Data. (a) The description, location, and boundary of the Landmark site consists of the City parcel located at 1970 Ocean Avenue, Lot 018, in Assessor's Block 3280, in San Francisco's Ingleside neighborhood. (b) The characteristics of the Landmark that justify its designation are described and shown in the Landmark Designation Case Report and other supporting materials contained in Planning Department Case Docket No. 2016-011052DES. In brief, 1970 Ocean Avenue (aka El Rey Theater), Lot 018, in Assessor's Block 3280, is eligible for local designation under National Register of Historic Places Criterion C (as it embodies distinctive characteristics of a 1 O type, period, or method of construction and represents the work of a master architect). Specifically, designation of the former El Rey Theater is proper given it is one of the only remaining movie theaters originally designed in the Art Deco style by master architect Timothy Pflueger. (c) The particular features that shall be preserved, or replaced in-kind as determined necessary, are those generally shown in photographs and described in the Landmark Designation Case Report, which can be found in Planning Department Docket No. 2016- 011052DES, and which are incorporated in this designation by reference as though fully set forth. Specifically, the following features shall be preserved or replaced in kind: (1) All exterior elevations, form, massing, structure, roofline, architectural ornament and materials of 1970 Ocean Avenue, identified as: (A) T-shaped footprint and four-part massing and volume consisting the central gable-roofed theater, tower, and two flanking one-story retail wings; (B) Primary fa9ade facing Ocean Avenue, including its cement stucco finish, cast-concrete grille, chimney with incised zig zags, raised parapet with incised speed Supervisors Yee; Peskin, Safai BOARD OF SUPERVISORS Page4 line, any extant transom windows (retail wings only), gable outlined with red clay tile, and tower with incised speed lines and pylon; (C) East and west (secondary) elevations of the theater, including the painted board-formed concrete walls and the deeply recessed "blind" openings; (D) East and west (secondary) elevations of the retail wings, including the cement stucco finish and window openings filled with six light, wood sash awning windows and pilasters with incised capital between window openings; (E) The tower, including its height, massing, and surviving cast cement ornament; and 1 o (F) The building's combination gable (theater) and flat (retail wings and stage area) roof with skylights. (2) The character-defining interior features of the building are those associated with areas that have historically been accessible to the public, and are depicted in the floor plans or photos the Landmark Designation Report dated December 7, 2016, including: (A) Lobby, lobby stairs, mezzanine, auditorium, and balcony volumes; (B) All extant sheet metal and cast-plaster Art Deco ornament in the lobby, auditorium, balcony, and mezzanine, including decorative sheet metal ventilation system at auditorium and balcony ceilings; (C) All extant doors and hardware in the lobby, auditorium, balcony, and mezzanine; (D) Metal aisle and restroom signs in the lobby; and (E) Potentially extant murals at auditorium and balcony ceilings, and mezzanine walls as shown in historic photographs but currently overpainted. Supervisors Yee; Peskin, Safai BOARD OF SUPERVISORS Page Section 4. 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. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: 'lid IA=~· ~(_j~<J~--- CT IA WONG ;,--~- Deputy City Altom( ~) n:\land\as2016\0900449\01153591.doc Historic Preservation Commission BOARD OF SUPERVISORS Page6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 170430 Date Passed: July 18, 2017 Ordinance amending the Planning Code to designate 1970 Ocean Avenue (aka El Rey Theater), in Assessor's Parcel Block No. 3280, Lot No. 018, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department's determination under the California Environmental Quality Act; and making public necessity, convenience and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. June 26, 2017 Land Use and Transportation Committee - RECOMMENDED July 11, 2017 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee July 18, 2017 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee File No. 170430 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 7/18/2017 by the Board of Supervisors of the City and County of San Francisco. Mayor Date Approved City and County of Stm Francisco Page8 Printed at 3:04 pm 011 7119117