o0181-19

AMENDED IN COMMITTEE FILE NO. 190165 7/22/2019 ORDINANCE NO. 181-19 [Planning, Administrative Code~- Legitimization Program for Non-Residential Uses at 3150- 18th Street] Ordinance amending the Planning and Administrative Code~ to establish a legitimization program for certain Non-Residential Uses at 3150-18th Street (Assessor's Parcel Block No. 3573, Lot No. 1 06), and to require the Office of Small Business to assist businesses under the program; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Aria! font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethroHglz italics Times }Yew Roman font. Board amendment additions are in double-underlined Aria! font. Board amendment deletions are in strikethrough Aria! 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. 190165 and is incorporated herein by reference. The Board affirms this determination. (b) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare, for the reasons set forth in Planning Commission Resolution No. 20453, and incorporates such reasons by this Supervisors Ronen; Brown BOARD OF SUPERVISORS Page 1 reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 190165. (c) On May 23, 2019, the Planning Commission, in Resolution No. 20453, 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 1 01.1. 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. 190165, and is incorporated herein by reference. Section 2. Article 1.7 of the Planning Code is hereby amended by adding Section 192, to read as follows: SEC. 192. LEGITIMIZATION OF CERTAIN LAND USES AT 3150 18TH STREET. (a) Intent. The purpose of this Section 19 2 is to establish a time-limited program whereby existing land uses at 3150 18th Street (Assessor's Parcel Block No. 3573, Lot No. I 06), which have operated without required permits, mav be permitted notwithstanding the zoning controls imposed bv Planning Code Section 210.3. (b) Legitimization Program (or Certain Land Uses. Any Non-Residential or PDR Use at 3150 18th Street that otherwise is not permitted pursuant to Planning Code Section 210.3 may be established as a Legal Non-conforming Use, ifit meets all o[the following requirements: (I) ![the use is an Office Use, any building permit for such Office Use will be subject to Mandatory Discretionary Review by the Planning Commission,· (2) As of January 15, 2019, it was operating in that location,· (3) As of January 15, 2019, it had a lease with the owner o(315 0 18th Street, or it had a written agreement with an entity who has such a lease with the owner to operate in that location; and Supervisors Ronen; Brown BOARD OF SUPERVISORS Page 2 (4) Applications for all appropriate permits from any City or State agency to legalize the use are filed within 90 days oft he effective date o[this Section 19 2, and the applicant diligently pursues the permit{s) until they are issued. (c) Notice. (1) Notice by Planning Department. The Planning Department shall post notice oft his legitimization program on its website to describe its contents and requirements in order to assist tenants at 315 0 18th Street with participation in this program. The notice shall also inform the public about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3. 1 0 (2) Notice by Owner. The owner o[315 0 18th Street shall provide written notice to any prospective tenant at this property about the uses principally and conditionally permitted in P DR -1-G Districts, as set forth in Planning Code Section 21 0.3, prior to entering into any lease with the tenant. The owner o[315 0 18th Street shall also provide written notice to its current tenants at this property regarding the legitimization program established by this Section 19 2, and such notice shall specify the date on which this Section 19 2 will sunset under subsection (g). (d) Determination o[Applicabilitv. (1) Initial Determination. The Planning Department shall initially determine, through the review o[a building permit, whether a land use at 3150 18th Street meets the conditions set forth in this Section 19 2. Evidence relevant to said determination may include, but is not limited to, the .following: rental or lease agreements, building or other permits, utility records, business licenses, permit applications submitted by a tenant to a City or State agency, permits issued by a City or State agency, and tax records. (2) Monitoring and Reporting. To ensure that any Non-Residential Use continues to meet the conditions set forth in this Section 192, the owner o[3150 18th Street shall, upon request, Supervisors Ronen; Brown BOARD OF SUPERVISORS Page 3 provide the Planning Department with information about the uses at the property and copies ofthe written notices it has provided to prospective and current tenants under subsection (c){2). (e) Limitation o(Enlargement, Intensification, or Discontinuance. Enlargements, Intensifications, or Discontinuances o[eligible uses that follow the legitimization program authorized bv this Section 192 shall be subject to the relevant controls applicable under Sections 178, 181, 182, and 183 o[this Planning Code. CO Compliance with Other Requirements o{the Planning Code. Non-Residential Uses that follow the legitimization program authorized bv this Section 19 2 shall comply with all applicable requirements o(the Planning Code, other than those requirements from which they are specifically 1 0 exempted under this Section 192, but such uses shall not be subject to any applicable impact fees imposed by Planning Code Article 4. (g) Sunset; Abandonment o(Legitimized Uses. (1) Office Uses. Three years after the effective date of the ordinance in Board File No. 190165. any Office Use that is a Legal Non-conforming Use established through this Section 192 shall lose such non-conforming status. and shall be considered abandoned pursuant to Section 183. (2) All Uses Other Than Office. Unless readopted, this Section 192 shall sunset ten years after tts effective date of the ordinance in Board File No. 190165. Upon such date, all remaining Legal Non-confOrming Uses established through this Section 192 shall lose such non- confOrming status, and shall be considered abandoned pursuant to Section 183. Section 3. Article XVI of Chapter 2A of the Administrative Code is hereby amended by adding Section 2A.244, to read as follows. SEC. 2A.244. PERMITTING PROGRAM FOR TENANTS AT 3150 18TH STREET. Supervisors Ronen; Brown BOARD OF SUPERVISORS Page 4 The Office of Small Business shall assist tenants operating businesses at 3150 18th Street by referring them to appropriate City departments to apply for permits or licenses during the period of the time-limited legitimization proaram established in Planning Code Section 192. All other City departments shall provide information or assistance upon request to the Office of Small Business in carrying out its responsibilities under this Section 2A.244. Section ~· No Retroactive Effect. This ordinance shall have no retroactive effect and does not forgive or waive enforcement of any violations that occurred prior to the ordinance's effective date. 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: n:\legana\as2019\1900414\01377313.docx Supervisors Ronen; Brown BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190165 Date Passed: July 30, 2019 Ordinance amending the Planning and Administrative Codes to establish a legitimization program for certain Non-Residential Uses at 3150-18th Street (Assessor's Parcel Block No. 3573, Lot No. 1 06), and to require the Office of Small Business to assist businesses under the program; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. June 17, 2019 Land Use and Transportation Committee- CONTINUED TO CALL OF THE CHAIR July 22, 2019 Land Use and Tiansportation Committee- Arv1ENDED, AN Arv1ENDr'v1ENT OF THE WHOLE BEARING NEW TITLE July 22, 2019 Land Use and Transportation Committee- RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 23, 2019 Board of Supervisors- PASSED ON FIRST READING Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee July 30, 2019 Board of Supervisors- FINALLY PASSED Ci(l' and County of San Francisco Ayes: 10- Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani and Yee Excused: 1 -Walton Pagel Printed at 1:29pm on 7/31/19 File No. 190165 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/30/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 1:29pm on 7/31/19