o0191-22

AMENDED IN COMMITTEE FILE NO. 220130 7/25/2022 ORDINANCE NO. 191-22 [Planning Code - Conditional Use Appeals] Ordinance amending the Planning Code to allow the signatures of Verified Tenants to count towards the threshold needed to permit an appeal of a Conditional Use authorization; clarifying timelines applicable to appeals of Conditional Use authorizations; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public convenience, necessity, and 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 1\Tew Roman frmt. 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. 220130 and is incorporated herein by reference. The Board affirms this determination. (b) Pursuant to Planning Code Section 302, the Board of Supervisors find that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21144, and incorporates such reasons by this reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page 1 No. 220130. Section 2. The Planning Code is hereby amended by revising Section 308.1, to read as follows: SEC. 308.1. APPEALS: AMENDMENTS TO THE PLANNING CODE AND CONDITIONAL USES. (a) Right of Appeal. The action of the Planning Commission, in disapproving in whole or in part an amendment to the Planning Code initiated by application as described in Section 302 and Sections 306 through 306.5, or in approving or disapproving in whole or in part an application for Conditional Use authorization as described in Sections 303 and 304 and Sections 306 through 306.5 ofthis Code, shall be transmitted to the Office o[the Clerk ofthe Board in final and signed form within ~teR business days of Commission's action to approve or disapprove in whole or part the application, and subject to appeal to the Board of Supervisors in accordance with this Section 308.1._ An action of the Commission so appealed from shall not become effective unless and until approved by the Board of Supervisors in accordance with this Section 308.1. (b) Notice of Appeal. Any appeal under this Section 308.1 shall be taken by filing written notice of appeal with the Board of Supervisors no earlier than ten business days after the date of action by the Planning Commission, and no later than 30 days after the date of action by the Planning Commission. The appeal shall be filed with the Office of the Clerk ofthe Board in a manner prescribed by the Clerk of the Board and in accordance with the Planning Fee Schedule. The notice of appeal shall be subscribed by either (i) the owners or Verified Tenants of at least 20% of the property affected by the proposed amendment or Conditional Use or (ii) five members of the Board of Supervisors. _The signature on the appeal of members of the Board shall not be deemed to be any indication of their position on the merits of the appeal but rather shall Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page indicate only that they believe there is sufficient public interest and concern in the matter to warrant a hearing by the Board of Supervisors. Upon receipt o(a notice o(appeal, the Office of the Clerk o(the Board shall transmit the notice o(appeal and subscribed signatures to Public Works within five business days for its determination o(the 20% threshold o(the property referenced above. For the purposes of this Section 308.1, the property affected, and the determination ofthe 20% threshold, shall be calculated by Public Works within five business days from when the Office o(the Clerk ofthe Board requests a determination on the 20% threshold ofthe property referenced, as follows: (1) When a proposed amendment or Conditional Use has been disapproved by the Planning Commission, the property affected shall be deemed to be all property within the area that is the subject of the application for amendment or Conditional Use, and within 300 feet of all exterior boundaries of the property that is the subject of the application; (2) When a proposed Conditional Use has been approved by the Planning Commission, the property affected shall be deemed to be all property within 300 feet of all exterior boundaries of the property for which the Conditional Use has been approved by the Planning Commission, excluding the property for which the approval has been given; (3) In either of the above cases, when any property is owned by the City and County of San Francisco, the United States Government or the State of California, or any department or agency thereof, or by any special district, and is located within 300 feet of the area that is the subject of the application for amendment or Conditional Use, such property shall be excluded in determining the property affected unless such owner shall itself be a subscriber of the notice of appeal; and (4) Wherever a property is held in joint ownership, the signatures of joint owners shall be calculated as representing affected property in direct proportion to the amoun of the total ownership of that property attributable to the joint owner or owners subscribing to Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page the notice of appeal. _For the purposes of this calculation, the term "joint ownership" shall include joint tenancies, interests in common, community property, partnerships, stock cooperatives, condominiums, community apartments and planned unit developments._ Where each owner has exclusive rights to a portion of the property, the proportion of the total ownership attributable to that owner shall be calculated in terms of a ratio of the floor area and land area in which that owner has exclusive, joint,_ and common rights to the total floor area and land area of that property. Under these calculations, the land area of an affected property in joint ownership shall be given the same weight as the land area of an affected property not in joint ownership, in determining whether 20% of the property affected is represented by signatures to the notice of appeal. (5) For purposes o{this Section 308.1, a "Verified Tenant" is a residential or commercial tenant of a property who declares, under penalty ofperiury oft he laws of the State of California, that the tenant occupies the entire properly or at least one separate unit on the property pursuant to a lease with a term exceeding 32 days. Each Verified Tenant who signs an appeal pursuant to this Section 308.1 must maintain proof of tenancy including either an executed lease reflecting a term o(more than 32 days, or at least one o{the following forms of'records reflecting that the tenant has occupied the property for more than 32 consecutive days as of the date of signature: (a) state or federal income tax records, (b) department of'motor vehicle records including license, registration or California identification, or (c) utility bills. A Verified Tenant who signs an appeal pursuant to this Section may be required by Public Works to provide suchproofoftenancy. A "Verified Tenant" shall not include occupants ofproperty who rent the property for less than 32 consecutive days, or for Tourist or Transient Use, or as a Short-Term Residential Rental, as those terms are defined in Section 41A.4 o[the Administrative Code, but shall include tenants of all Unauthorized Units in the property. Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page (6) Where a property contains more than one rental unit, the signatures of Verified Tenants shall be calculated as representing the percentage of affected property in the same proportion ofthe number o{rental units on the property represented by the Verified Tenants subscribing to the appeal to the total number of rental units in that property. Only one Verified Tenant for each residential Residential Unit or commercial rental unit shall be counted for each such unit,· if more than one Verified Tenant occupying a single rental unit subscribes to the appeal, that unit will only be given the weight of a single unit in the property. Under these calculations, an affected property rented by multiple Verified Tenants shall be given the same weight as an affected property owned by a single owner or occupied by a single tenant, in determining whether 20% of'the property affected is represented by signatures to the notice of appeal. (7) !fan owner of I 00% ofa tenant-occupied property and one or more Verified Tenants of the same property subscribe to the appeal, the land area o{the affected property shall be given the same weight as the land area of an affected property owned by a single owner in determining whether 20% ofthe property affected is represented by signatures to the appeal. If a ioint owner of land held in ioint ownership property and one or more Verified Tenants of the same property subscribe to the appeal, the total land area ofthe affected property shall be calculated by adding the land areas calculated pursuant to subsections (3) through (6), above, and may total, but not exceed I 00% of the land area of'the property in determining whether 20% of the property affected is represented by signatures to the appeal. (c) Hearing. Upon the filing of such written notice of appeal so subscribed, the Board of Supervisors or the Clerk thereof shall set a time and place for hearing such appeal, which l-may be not less than .J-()21 nor more than ~45 days after such filing . !{there is not a Board meeting scheduled during that time, the Clerk may schedule the hearing at the next regularly scheduled Board meeting more than 50 days after the filing. Thechearing may be held no more than 60 days from the date o(filing, unless the parties consent to a later date as provided in subsection CO Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page below. Provided, that if the Board a/Supervisor~ does not conthwt at least three regular Board meetings during the 30 dtt.yperiod referred t-o in the previous sentence, the Board a/Supervisors or the Clerk shall schedule the t1JJJ3eal not more than 40 dtt.ys (rather than 30 de,ys) t1fter the filing ofsiteh ·written notice of t1ppeal. (d) Decision. The Board of Supervisors mus-t-shall hear and decide the appeal within 90 days of the filing of'the written notice of appeal. unless the parties consent to a later date as provided in subsection (f) below. The Board's decision on the appeal is final upon adiournment ofthe meeting at which the hearing was held and=at which the Board votes to approve or deny such appeal. such appeal withi,1 30 dt1ys of#w time set.for the hearing thereon, provided that; if the full membership of the Board is not present on the last day on which said t1JJJ3eal is set or continued for hearing within said period, the Board n1t1ypostpone said hearing and decision thereon until, but not lat-er than, thefitll membership &j the Board is present; providedfitrther, that the latest date to which said hearing and decisi011 mt1y be so postponed shall be not more tha,1 90 days from the date Qf filing of the t1JJJ3eal. Provided, that if the Board ofSupenisors does not conduct at least three regular Board ,'1wetli1gs during the 30 day period referred to in the previous sentence, the Board of Supervisors 40 days (rather than 30 day'5) Qfthe time set.for the hearing thereon Failure of the Board of Supervisors to act within such time limit shall be deemed to constitute approval by the Board of the action of the Planning Commission. (e) Findings. The Board of Supervisors shall adoptjindings supporting its decision to uphold or deny an appeal under this Section 308.1 within 60 days afier making its decision on the appeal. Notwithstanding the foregoing sentence, failure ofthe Board to approve findings within the time specified will not affect the finality of'the Board's decision on the appeal. (f) Continuances. Any continuance of'the time periods specified in this section 308.1 shall require a written request from the party or parties seeking continuance in such form as may be provided by the Clerk of the Board for the Board of Supervisors ' consideration. Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page (tig) DecisienVotes Required._ In acting upon an appeal of a Planning Commission determination on a request for reclassification by an interested party, the Board of Supervisors may disapprove the action of the Planning Commission only by a vote of not less than 2/3 of all members of the Board._ In acting upon any other appeal of a Planning Commission determination on a Planning Code amendment, the Board of Supervisors may disapprove the action of the Planning Commission by a majority vote of the Board._ In both cases, in the event that one or more of the full membership of the Board is disqualified or excused from voting because of an interest prohibited by general law or the San Francisco Charter, any such disapproval shall be by a vote of all members of the Board that are not disqualified or excused; provided, however, that in the event that a quorum of all members of the Board is disqualified or excused from voting because of an interest prohibited by general law or the Charter, the action of the Planning Commission shall be deemed approved._ In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed amendment, the Board shall, not later than its next regularly scheduled meeting, adopt the proposed ordinance._ In the event the Board disapproves the action of the Commission when the Commission has disapproved in whole or in part a proposed conditional use, the Board shall prescribe in its resolutionmotion such conditions as are in its opinion necessary to secure the objectives of this Code, in accordance with Section 303(d). 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. Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page 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: DAVID CHIU, City Attorney By: /s/ KRISTEN A. JENSEN KRISTEN A. JENSEN Deputy City Attorney n:\legana\as202212200143\01617106.docx Supervisors Melgar; Peskin, Walton, Preston, Ronen, Chan, Mar BOARD OF SUPERVISORS Page File Number: 220130 City and County of San Francisco Tails Ordinance Date Passed: City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 941 02-4689 September 06, 2022 Ordinance amending the Planning Code to allow the signatures of Verified Tenants to count towards the threshold needed to permit an appeal of a Conditional Use authorization; clarifying timelines applicable to appeals of Conditional Use authorizations; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of public convenience, necessity, and welfare under Planning Code, Section 302. July 25, 2022 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 25, 2022 Land Use and Transportation Committee - NOT RECOMMENDED AS AMENDED AS A COMMITIEE REPORT July 26, 2022 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton September 06, 2022 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 220130 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/6/2022 by the Board of Supervisors of the City and County of San Francisco. City and County of San Francisco London N. Breed Mayor !'age I Angela Calvillo Clerk of the Board Date Approved Prillled at 8:58 am 011 9/7/22