o0187-24

AMENDED IN COMMITTEE 7/1/2024 FILE NO. 240173 ORDINANCE NO. 187-24 [Planning Code, Zoning Map - Residential Enclave MixedRED and WMUG District~, Rezone 135 Kissling Street] Ordinance amending the Planning Code to conditionally permit vehicle storage lots in the Residential Enclave-Mixed (RED-MX) and Western SoMa Mixed Use-General (WMUG} District~ and to update citations and cross-references in the text and tables of specified Mixed Use Districts; amending the Zoning Map to rezone 135 Kissling Street, Assessor's Parcel Block No. 3516, Lot No. 068, from Residential Enclave (RED) to RED-MX; and 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 strikcthreugh italics Times l'lcw Remanfent. 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. 240173 and is incorporated herein by reference. The Board affirms this determination. Supervisor Dorsey BOARD OF SUPERVISORS Page 1 (b) On May 23, 2024, the Planning Commission, in Resolution No. 21566, recommended the proposed Zoning Map amendments for approval and 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 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. 240173, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21566, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 240173. Section 2. Article 8 of the Planning Code is hereby amended by revising Sections 803.9, 827, 829, aR€I- 835, and 839 to read as follows: SEC. 803.9. COMMERCIAL USES IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. * * * * (b) Preservation of Historic Buildings within Certain Eastern Neighborhoods Mixed Use Districts. The following controls are intended to support the economic viability of buildings of historic importance within Eastern Neighborhoods. * * * * (2) RED and RED-MX Districts. This subsection (b)(2) applies only to buildings in RED and RED-MX Districts that are a designated landmark building per Article 10 of the Planning Code, buildings designated as Category I-IV pursuant to Article 11 of this Supervisor Dorsey BOARD OF SUPERVISORS Page2 Code and located within the Extended Preservation District, or a building listed in or determined individually eligible for the National Register of Historic Places or the California Register of Historical Resources by the State Office of Historic Preservation. (A) Arts Activities, Community Facility, Private Community Facility, Public Facility, School, Social Service or Philanthropic Facility, and Trade School uses are principally permitted, and Retail Sales and Services uses and Office Uses as defined in Section 890. 70102, are permitted only with Conditional Use authorization, pursuant to Planning Code Section 303, provided that: * * * * (3) WMUG District. This subsection (b)(3) applies only to buildings in the WMUG District that are a designated landmark building per Article 10 of the Planning Code, buildings designated as Category I-IV pursuant to Article 11 of this Code and located within the Extended Preservation District, or a building listed in or determined individually eligible for the National Register of Historic Places or the California Register of Historical Resources by the State Office of Historic Preservation. (A) Office uses, as defined in Planning Code Section 890.70102, are principally permitted, provided that: II II II II II II * * * * SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH-DTR). Supervisor Dorsey BOARD OF SUPERVISORS Page 3 * * * * Table 827 RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE No. lZoning Category § References Rincon Hill Downtown Residential Mixed Use District Zoning Controls Building and Siting Standards .10 Height and Bulk §§ 102:+J, 105, 106, 250 - Varies 45 - 550 feet. For 252,260,270 height limits, see Zoning Map 1 H and § 263.19; for bulk controls, see § 270(e). * * * * .17 ~wning § 136.LJ(a) p .18 Canopy § 136.LJ(b) p .19 Marquee § 136.LJ(c) p Non-Residential Standards and Uses .20 Required Residential to § 1 0 2-:-1-() Non-residential uses Non-Residential Use limited to occupiable sf Ratio per 6 occupiable sf devoted to residential uses. § 825(c)(2). Supervisor Dorsey BOARD OF SUPERVISORS Page 4 * * * * .33 Nighttime Entertainment §§ 102:F, 803.5(9) C * * * * Residential Standards and Uses * * * * .54 Large-Scale Urban § 1 02:-:Bfh} C Ag ricu ltu re * * * * * * * * SEC. 829. SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (SB-DTR). * * * * Table 829 SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References South Beach Downtown Residential Mixed Use District Zoning Controls Building and Siting Standards .10 Height and Bulk §§ 102:-1--l, 105, 106, ~aries 40 - 200 feet. For height 250 - 252; 260, 270 limits, see Zoning Map 1 H and § 263.19; for bulk controls, see § 270(e). * * * * Supervisor Dorsey BOARD OF SUPERVISORS Page 5 .17 !Awning .18 Canopy .19 Marquee Non-Residential Standards and Uses .20 Required Residential to Non- Residential Use Ratio * * * * .30b Residential Care Facility * * * * .33 Nighttime Entertainment * * * * Residential Standards and Uses * * * * . 51 Residential Conversions .52 Residential Demolition .53 Large-Scale Urban !Agriculture * * * * * * * * Supervisor Dorsey BOARD OF SUPERVISORS § 136.lJ(a) p § 136.lJ(b) p § 136.lJ(c) p § 102;+() Non-residential uses limited to occupiable sf per 6 occupiable sf devoted to residential uses. § 825(c)(2). § 102 p §§ 102:+7, 803.5(b) C § 790.84317, Ch . C 141 Admin. Code LJ.11 C § 1 0 2:-:Bfh} C Page 6 SEC. 835. RED-MX- RESIDENTIAL ENCLAVE-MIXED DISTRICT. * * * * Table 835 RED-MX - RESIDENTIAL ENCLAVE DISTRICT ZONING CONTROL TABLE Zoning Category * * * * § References Residential Enclave-Mixed District Controls NON-RESIDENTIAL STANDARDS AND USES * * * * ~utomotive Use Category ~utomotive Uses* ~utomotive Repair Private Parking Garage Vehicle Stora,;re Lot rvehicle Storage Garage * * * * II II II II II II II * * * * § 102 NP § 102 P(3) § 102 C §_102 § 102 C SEC. 839. WMUG - WSOMA MIXED USE-GENERAL DISTRICT. * * * * Table 839 Supervisor Dorsey BOARD OF SUPERVISORS Page 7 WMUG - WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE Zoning Category § References Western SoMa Mixed Use-General District Controls * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Automotive Use Category Automotive Uses* § 102 P(4) * * * * Vehicle Storage Lot § 102 N-P-C * * * * * * * * Section 3. The Planning Code is hereby amended in accordance with Planning Code Section 106 by revising Zoning Use District Map ZN07 of the Zoning Map of the City and County of San Francisco, as follows: Description of Property Current Zoning to Proposed Zoning be Superseded to be Approved Assessor's Parcel Block No. 3516, Lot No. 068 RED RED-MX 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. Supervisor Dorsey BOARD OF SUPERVISORS Page 8 Section 5. 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 f additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Heather Goodman HEATHERL.GOODMAN Deputy City Attorney n:\legana\as2023\2400141 \01763652.docx Supervisor Dorsey BOARD OF SUPERVISORS Page 9 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 240173 Date Passed: July 16, 2024 Ordinance amending the Planning Code to conditionally permit vehicle storage lots in the Residential Enclave-Mixed (RED-MX) and Western SoMa Mixed Use-General (WMUG) Districts and to update citations and cross-references in the text and tables of specified Mixed Use Districts; amending the Zoning Map to rezone 135 Kissling Street, Assessor's Parcel Block No. 3516, Lot No. 068, from Residential Enclave (RED) to RED MX; and 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. July 01, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE July 01, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED July 08, 2024 Land Use and Transportation Committee - DUPLICATED July 08, 2024 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 09, 2024 Board of SupeNisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai and Walton Excused: 1 - Stefani July 16, 2024 Board of SupeNisors - FINALLY PASSED City a11d Cou11ty of Sa11 Fra11cisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page I Pri11ted at 9:03 am 011 7117124 File No. 240173 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/16/2024 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 9:03 am on 7117124