o0168-18

AMENDED IN BOARD FILE NO. 180191 6/26/2018 ORDINANCE NO. 168-18 [Planning Code - Public Parking Lot as a Permitted Use in the Glen Park Neighborhood Commercial Transit District and Adjoining Locations] Ordinance amending the Planning Code to permit as of right Public Parking Lot uses where the parcel is located in both the Glen Park Neighborhood Commercial Transit and RH-2 (Residential, House Districts, Two-Family) zoning districts, the property has been used as Public Parking Lot for the past ten years without the benefit of a permit, and the adjoining RH-2 parcel is no larger than 40 feet by 110 feet; 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 making findings of public necessity, convenience, and welfare pursuant to 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 l'le1~· 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. 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. 180191 and is incorporated herein by reference. The Board affirms this determination. Supervisor Sheehy BOARD OF SUPERVISORS Page 1 (b) tOH-n1-_-_-_-_-_-_-_-_-_-:-,-+th1-t1e~P-n-latt-ntHnH+i nttg1-1C=H10mrttt-tmttis~s'rl1iodin+,-t1i nr+-f'\Rrt";e~SttO ltHU+ttio~nH-1-\Ntt-oOr-. ========='" adopted findings The Board of Supervisors finds 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. /\ copy of said Resolution is on file 1.vith the Clerk of the Board of Supervisors in File No. , and is incorporated herein by reference. Specifically, the Board finds that the ordinance is consistent with the following: Glen Park Area Plan OBJECTIVE 6: SUSTAIN GLEN PARK'S ROLE AS AN IMPORTANT INTERMODAL TRANSIT CENTER FOR THE CITY AND REGION POLICY 6.2: Manage curb space around the Glen Park BART station to improve the function of transit. OBJECTIVE 7: IMPROVE ACCESS TO PUBLIC TRANSIT IN GLEN PARK POLICY 7.1: Make transit more accessible. The Board of Supervisors finds that permitting the space to continue as a permitted parking lot for six years would continue to provide parking to BART riders who rely on parking near the BART station, and offer a space for BART riders to park their cars rather than relying on cars idling in the curb space around the BART station. Transportation element Supervisor Sheehy BOARD OF SUPERVISORS Page 2 OBJECTIVE 1: MEET THE NEEDS OF ALL RESIDENTS AND VISITORS FOR SAFE, CONVENIENT AND INEXPENSIVE TRAVEL WITHIN SAN FRANCISCO AND BETWEEN THE CITY AND OTHER PARTS OF THE REGION WHILE MAINTAINING THE HIGH QUALITY LIVING ENVIRONMENT OF THE BAY AREA. POLICY 1.6: Ensure choices among modes of travel and accommodate each mode when and where it is most appropriate. OBJECTIVE 7: DEVELOP A PARKING STRATEGY THAT ENCOURAGES SHORT-TERM PARKING AT THE PERIPHERY OF DOWNTOWN AND LONG-TERM INTERCEPT PARKING AT THE PERIPHERY OF THE URBANIZED BAY AREA TO MEET THE NEEDS OF LONG-DISTANCE COMMUTERS TRAVELING BY AUTOMOBILE TO SAN FRANCISCO OR NEARBY DESTINATIONS. POLICY 7.3: Maintain a supply of parking commensurate with demand at outlying intercept parking facilities that have good connections to transit and ride-sharing opportunities. OBJECTIVE 37: MEET SHORT-TERM PARKING NEEDS IN NEIGHBORHOOD SHOPPING DISTRICTS CONSISTENT WITH PRESERVATION OF A DESIRABLE ENVIRONMENT FOR PEDESTRIANS AND RESIDENTS. The Board of Supervisors finds that permitting the space to continue as a permitted parking lot for six years would meet the needs of residents and Supervisor Sheehy BOARD OF SUPERVISORS Page 3 visitors for safe, convenient, and inexpensive travel within San Francisco and between the City and other parts of the region. The continued use as a parking lot would offer choices in the mode of travel and offer the opportunity for drivers to park and ride mass transit rather than driving further into the City. When the parking lot is not used to serve BART ridership, it offers parking to those who travel from outside the City or from areas of the City that lack access to public transportation to the Glen Park neighborhood retail area. When used this way, the parking lot would also support the Glen Park retailers. (c) The Board of Supervisors further finds that: • The parcel straddles two zoning districts (Glen Park NCT and RH-2); • This fact makes coherent development of the lot difficult; • The space has operated as a parking lot without improvements since the 1970's; • The use has remained consistent since the 1970's; • Given the proximity to the Glen Park Neighborhood Commercial corridor and the BART station, the space presents an opportunity for development into residential and commercial uses; • There are no current plans to develop the subject parcel; and • It is reasonable to allow the space to be used as a parking lot for a period of six years. !QLPursuant to Planning Code Section 302, the Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the Supervisor Sheehy BOARD OF SUPERVISORS Page4 reasons set forth above in Planning Commission Resolution No. ___ , and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Planning Code Sections 209.1 and 756, to read as follows: SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. * * * * Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS Automotive Use Category Automotive § 102 NP NP NP NP NP Uses* Parking Garage, § 102 c c c c c Private Parking Lot, § 102 c c c c c Private Parking Lot, Public §§ 102, 142, NP NP NP NP(8) NP * * * * * Not listed below. (1) P for Limited Commercial Uses per§ 136.1 (a) only; otherwise NP. Supervisor Sheehy BOARD OF SUPERVISORS Page 5 (2) (3) (4) guest rooms. (5) [Note Deleted] C required for seven+ or more persons. C forflve.j: or fewer guest rooms or suites of rooms; NP for six6 or more Must be located on a landmark site, and where the site is within a Height and Bulk District of 40 feet or less, and where a columbarium use has lawfully and continuously operated since the time of designation. (6) Construction of Accessory Dwelling Units may be permitted pursuant to Sections 207(c)(4) and 207(c)(5). (7) C if a Macro WTS Facility; P if a Micro WTS Facility. (8) P only for parcels located in both the Glen Park NCT and RH-2 zoning districts where the property has been used as a Public Parking Lot [or the past 10 years without the benefit ofa permit, and the adjoining RH-2 parcel is no larger than 40 feet by 110 feet. Unless reenacted. this note shall expire by operation of law 72 months after the effective date of the ordinance in Board File No. 180191. Upon its expiration, any approved Public Parking Lot shall be removed and the current zoning control shall apply. Any approval of a Public Parking Lot use pursuant to this note shall be conditioned upon the recordation of a Notice of Special Restrictions reflecting these conditions, subject to the approval as to form of the Planning Department and the City Attorney. Upon the expiration of this note, the City Attorney is authorized to take steps to remove this note from the Planning Code. SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * SupeNisor Sheehy BOARD OF SUPERVISORS Page 6 ·1 I· II ii 11, ;I ii fl !I II 11 ,, ;I II 11 ii 13 II I• 14 II 15 I 1/ !1 17 II 18 Ii 20 I' I ii 'I I, · 1 I, /I ,I 11 I 1\ II II Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE £,~~ni~~~.~ai~~l(~~: I I ',I :; ~ ~ ~ I I I I I -':,~ ?' -::~~ : ;; ~: if j" °' ~ I I I I I § ~e~erences I montfiols I I I I zc= / NON-RESIDENmlAL smANElARD AND l:.JSES Controls by Story 1st 2nd I 3rd+ Automotive l:.Jse Category Automotive Uses* §§ 102, 202.2(b) NP NP NP Automotive Repair § 102 c NP NP Automotive Service §§ 102, 187.1, c NP NP Station 202.2(b), 202.5 Gas Station §§ 102, 187.1, c NP NP 202.2(b) Parking Garage, Private § 102 c c c Parking Garage, Public § 102 c c c Parking Lot, Private §§ 102, 142, 156 c c c Parking Lot, Public §§ 102, 142, 156 cm c c * * * * * Not listed below (1) C required for ground floor residential use when street frontage is listed in 145.4(b) (2) [Note deleted.] Supervisor Sheehy f; /2 I ' BOARD OF SUPERVISORS Page 7 (3) C required for seven or more persons. (4) C if a Macro WTS Facility; P if a Micro WTS Facility. (5) P onlv for parcels located in both the Glen Park NCT and RH-2 zoning districts where the property has been used as a Public Parking Lot for the past I 0 vears without the benefit ofa permit, and the adjoining RH-2 parcel is no larger than 40 feet by 110 feet. Unless reenacted. this note shall expire by operation of law 72 months after the effective date of the ordinance in Board File No. 180191. Upon its expiration. any approved Public Parking Lot shall be removed and the current zoning control shall apply. Any approval of a Public Parking Lot use pursuant to this note shall be conditioned upon the 1 O recordation of a Notice of Special Restrictions reflecting these conditions. subject to the approval as to form of the Planning Department and the City Attorney. Upon the expiration of this note. the City Attorney is authorized to take steps to remove this note from the Planning 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. 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 Ill Ill Supervisor Sheehy BOARD OF SUPERVISORS Page 8 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 /? --:;1 ~~· By: C./ ,~ c.~~11/ 4-·~·. AUSTIN M. YANG/ , Deputy City Att~y/ n:\legana\as2018\1800425\01285318.docx Supervisor Sheehy BOARD OF SUPERVISORS Page 9 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180191 Date Passed: July 10, 2018 Ordinance amending the Planning Code to permit as of right Public Parking Lot uses where the parcel is located in both the Glen Park Neighborhood Commercial Transit and RH-2 (Residential, House Districts, Two-Family) zoning districts, the property has been used as a Public Parking Lot for the past ten years without the benefit of a permit, and the adjoining RH-2 parcel is no larger than 40 feet by 110 feet; 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 making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. June 25, 2018 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT June 26, 2018 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee June 26, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee July 10, 2018 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Cohen, Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee Page2 Printed at 3:31 pm on 7111118 File No. 180191 London N. Breed Mayor City mu/ County of San Francisco Page3 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 7/10/2018 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 3:31pm011 7111118