o0196-17

FILE NO. 170419 AMENDED IN BOARD 9/19/2017 ORDINANCE N0.196-17 [Planning Code - North Beach, Telegraph Hill, Broadway and Chinatown Area Controlsi Formula Retail] Ordinance amending the Planning Code to support Legacy Businesses; expand the definition of historic buildings and impose additional requirements in the Broadway Neighborhood Commercial District (NCD) and North Beach Special Use District (SUD); prohibit certain uses in the North Beach SUD; reduce the lot size limit in the North Beach SUD; modify the requirements for approval of parking garages in the Telegraph Hill-North Beach Residential SUD, the North Beach NCD, and Chinatown Mixed Use Districts; reduce off-street parking spaces permitted for residential uses in the Telegraph Hill-North Beach Residential SUD, and the Broadway and North Beach NCDs; revise the definition of Formula Retail; and 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 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 New Roma,~font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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 Supervisor Peskin BOARD OF SUPERVISORS Page 1 Supervisors in File No. 170419, and is incorporated herein by reference. The Board affirms this determination. (b) On July 19, 2017, the Planning Commission, in Resolution No. 19966, 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. 170419, and is incorporated herein by reference. (c) Pursuant to Planning Code Seqtion 302, this Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 19966, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by revising Sections 121.1, 151, 151.1, 155,249.25, 249.49, 253.1, 303.1, 722, and 780.3, to read as follows: SEC. 121.1. DEVELOPMENT OF LARGE LOTS, NEIGHBORHOOD COMMERCIAL DISTRICTS. (a) Purpose. In order to promote, protect, and maintain a scale of development whieh that is appropriate to each district and compatible with adjacent buildings, new construction or significant enlargement of existing buildings on lots of the same size or larger than the square footage stated in the table below shall be permitted only as Conditional Uses. · District Lot Size Limit * * * * * * * * North Beach J,()002,500 sq. ft. Supervisor Peskin BOARD OF SUPERVISORS Page 2 * * * * * * * * * * * * SEC.151. SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES. * * * * (b) Minimum Parking Required. Use or Activity Table 151 OFF-STREET PARKING SPACES REQUIRED Number of Off-Street Parking Spaces Required RESIDENTIAL USES **** **** Dwelling, in the Telegraph Hill - North Beach None required. Pup to three ctH'~ 0.5 parking Residential Special Use District spaces for eachje-u¥-Dwelling Units-, sub;ect to the controls and procedures o{Section 249.49(c) and Section 15 5 (t); C up to one car for each Dv,·elling Unit, subject to the criteria and procedure of303(u); NP above. * * * * * * * * * * * * SEC. 151.1 SCHEDULE OF PERMITTED OFF-STREET PARKING SPACES IN SPECIFIED DISTRICTS. * * * * Supervisor Peskin I BOARD OF SUPERVISORS Page 3 Table 151.1 OFF-STREET PARKING PERMITTED AS ACCESSORY 3 I; 4 I Use or Activity Number of Off-Street Car Parking Spaces or Space Devoted to Off-Street Car Parking Permitted RESIDENTIAL USES * * * * * * * * Dwelling Units and SRO Units in NCT, RC, P up to one car for each two Dwelling or RCD. RSD, Chinatown Mixed Use Districts, SRO Units; Cup to 0.75 cars for each and the Broadwt1,y, and North Beach Dwelling Unit, subject to the criteria and Neighborhood Commercial Districts, except as procedures of Section 151.1 (e); NP above specified below 0.75 cars for each Dwelling Unit. Dwelling Units and SRO Units in the Telegraph Pup to 0.5 parking spaces for each Dwelling Hill - North Beach Residential Special Use Unit, subject to the controls and procedures of District Section 249.49{c) and Sections 155(r) and 155(1); NP above. Dwelling Units and SRO Units in the Broadway P up to 0. 5 parking spaces for each Dwelling and North Beach Neighborhood Commercial Unit, Cup to 0. 75 cars for each Dwelling Unit,· Districts outside oft he boundaries of the NP above 0. 75 cars for each Dwelling Unit. Telegraph Hill - North Beach Residential Special subject to the controls and procedures of Use District Sections 155(r), 155(1) and Section 151.1 (e). * * * * * * * * * * * * Supervisor Peskin BOARD OF SUPERVISORS Page4 SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE FACILITIES. * * * * (t) Garage Additions in the North Beach Neighborhood Commercial District, North Beach-Telegraph Hill Residential Special Use District, and Chinatown Mixed Use Districts. Notwithstanding any other provision of this Code to the contrary, a mandatory discretionary review hearing by the Planning Commission is required in order to install a garage in an existing or proposed structure of ~two units or more in the North Beach NCO, the North Beach-Telegraph Hill Residential SUD, and the Chinatown Mixed Use Districts,=- Sectian 311 notice is requiredjor a building e.f"lcss than four units. In approving order to approve the installation of the-any garage in these districts, the Commission .G.i{y_shall find that: (1) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction ofground-story retail or commercial space; tlw "removal" or 11co1n·er~ion ofresidential unit, 11 as those terms are defined in Section ill e.fthis Code; (2) the proposed garage opening/addition of off-street parking will not substantially eliminate or decrease the livability ofa square footage of any dwelling unit without increasing the floor area in a commensurate amount; (3) the building has not had two or more evictions with each eviction associated with a separate unit(s) within the past ten years, and (4) the garage would not front on an Alley pursuant to Section l 55(r)(2) of this Code or on a public right-of-way narrower than 41 feet. and (5) the proposed garage/addition of off-street parking is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Commission hearing, or prior te the issuance of notification under Section 311fcffz?) or 312 of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (1), (2), and (3) above, which the Department shall independently verify, and the Department shall determine whether +he Department shall also ha',Je made a determination that the project complies with subsection ( 4) Supervisor Peskin BOARD OF SUPERVISORS Page above. If the proiect sponsor does not provide such signed afjidavit, or the garage would front on an Alley or on a public right-of-.way narrower than 41 feet. the Department shall disapprove the application and no Planning Commission hearing shall be required. SEC. 249.49. TELEGRAPH HILL - NORTH BEACH RESIDENTIAL SPECIAL USE DISTRICT. (a) Purposes. To regulate the amount of off street parking and limit the installation of garages in existing all residential structures in order to ensure that they do not significantly increase the level of automobile traffic, increase pollution, cause the removal of on-street parking spaces. or impair pedestrian use on narrow public rights-of-way in the District, and to preserve existing atfgrdable housing by preventmg the ability to addparkingfromprmiding the addition o(of.f- site parking. which provides an incentive to convert existing affordable residential buildings fr-em rental buildings to market-rate tenancies in common housing. * * * * (c) Controls. * * * * (2) Installation of a Parking Garage. Installation of a garage in an existing or proposed residential building of ~two or more units requires a mandatory discretionary review hearing by the Planning Commission,· Section 311 l'lotice is required.for a buil-ding o.fless than four units. In approving order to approve the installation of thc--any garage in these districts, the Commission shall find that: (1) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction o(ground-story retail or commercial space,· the "remmal" or "conversion o,fresidential unit," as those terms are defined in Section ill of this Code,· (2) the proposed garage opening/addition of off-street parking will not substantially eliminate or decrease the livability ofa square footage of any dwelling unit ,vithout increasing thefloor area in a Supervisor Peskin BOARD OF SUPERVISORS Page 6 commensurate a-rnount; (3) the building has not had two or more "no fault" evictions, as defined in 3 7. 9(a) (78) (1316) of the San Francisco Administrati-ve Code, with each eviction associated-with a separate unit(s) within the past 1 Oten years, with each eviction associated with a separate unit(s), ( 4) the garage would not front on an Alley pursuant to Section l 55(r)(2) o{this Code or on a public right-of-way narrower than 41 feet, and (5) the proposed garage or addition of off-street parking installation is consistent with the Priority Policies of Section 101.1 of this Code. Prior to the Planning Commission hearing, or prior to issuance of any required notification under Section 311-(e)-f.2-) or 312 of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (1 ), (2), and (3) above, which the Department shall independently verify, and the Department shall determine whether-:-+he Department shall also have made a determination that the project complies with (4) and (5) above. !{the proiect sponsor does not provide such signed affidavit, or the garage would front on an Alley or public right-of way narrower than 41 feet, the Department shall disapprove the application and no Planning Commission hearing shall be required. SEC. 253.1. REVIEW OF PROPOSED BUILDINGS AND STRUCTURES IN THE BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * (b) In authorizing any such proposal for a building or structure exceeding 40 feet in height, the Planning Commission shall find, in addition to the criteria of Section 303(c), that the proposal is consistent with the expressed purposes of this Code, of the Broadway Neighborhood Commercial District, and of the height and bulk districts, set forth in Sections 101, 714 and 251 of this Code,. and that the following criteria are met: (1) The height of the new or expanding development will be compatible with the individual neighborhood character and the height and scale of the adjacent buildings. Supervisor Peskin BOARD OF SUPERVISORS Page (2) The height and bulk of the new or expanding development will be designed to allow maximum sun access to nearby parks, plazas, and major pedestrian corridors. (3) The architectural and cultural character and features of existing buildings shall be preserved and enhanced. The Historic Preservation Commission or its staff shall review anyproposed alteration of historic resources and must determine that such alterations comply with the Secretary of Interior's Standards for the Treatment of Historic Properties before the City approves any permits to alter such buildings. For purposes ofthis section, "historic resources" shall include Article 10 Landmarks and buildings located within Article 10 Historic Districts. buildings and districts identified in surveys adopted by the City. buildings listed or potentially eligible for individual listing on the National or California Registers, and buildings located within listed or potentially eligible National Register or California Register historic districts. The Planning Department shall also consult materials available through the California Historical Resources Information System (CHRIS) and Inventory to determine eligibility. SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § North Beach NCD Controls References BUILDING STANDARDS * * * * * * * * Supervisor Peskin BOARD OF SUPERVISORS Page Vehicular Access Restrictions Lot Size (Per Development) * * * * * * * * Services, Health * * * * §§ 155(r) and Prohibited on Columbus Avenue between (t) Washington and North Point Streets, Grant Avenue between Columbus Avenue and Filbert Street, and Green Street between Grant Avenue and Columbus/Stockton Streets, and Alleys in the NBNCD and Telegraph Hill-NB Residential SUD. Mandatory discretionary review required to install garages in buildings withfi:mF-two or more units. §§ 102, 121.1 Pup to 4,-99:9 2,499 square feet; C ~ 2,500 square feet and above (1) NORTH BEACH OFF-STREET PARKING, RESIDENTIAL (Section 155(t)) Supervisor Peskin BOARD OF SUPERVISORS Page Boundaries: North Beach NCO, North-Beach Telegraph Hill SUD Controls: (a) Installing a garage in an existing or proposed residential building of few---two or more units requires a mandatory Discretionary Review by the Planning Commission; Section 311 notice is required fore building ofless then four units. In appro-ving order to approve the installation of !he-any garage in these districts, the Commission City shall find that: (i) the proposed garage opening/addition of off-street parking will not cause the elimination or reduction o(ground-story retail or commercial space; the "remove!" or "conversion of· residentiel unit, "€IS those terms ere defined in Section ill o.fthis Code;; 1 O (ii) the proposed garage opening/addition of off-street parking will not substentielly eliminate or-decrease the livebility o.fe square footage of any dwelling unit ·without incret1Sing the floor eree in e commensurate amount; (iii) the building has not had two or more "no fault" evictions, €IS defined in Sections 3 7. 9(a) (78) (I 316) o.fthe San Frencisco Administretive Code, with each eviction associated with a separate unit(s) within the past 1 Oten years; (iv) the garage would not front on an Alley pursuant to Section 155(r)(2) ofthis Code or on a public right-of-way narrower than 41 feet, and (v) the proposed garage/addition of off-street parking instellation is consistent with the Priority Policies of Section 101.1 of this Code. (b) Prior to scheduling the Planning Commission hearing, orprior to issuance of any required notification under Section 311(c)f.2-) or 312 of this Code, the Planning Department shall require a signed affidavit by the project sponsor attesting to (1), (2), and (3) {i) (ii) and (iii) above, which the Department shall independently verify, and the Department shall determine whether-: The Department shall also have made a determination that. The Department shall also have mede a determination that the project complies with (4) and (5) (iv) and (v) above. !(the pro;ect sponsor Supervisor Peskin BOARD OF SUPERVISORS Page does not provide such affidavit or the Department determines that the garage would violate subsection (iv) above, the Department shall disapprove the application and no Planning Commission hearing shall be required. * * * * SEC. 780.3. NORTH BEACH SPECIAL USE DISTRICT. (a) Purpose!, In order to ill preserve and maintain the mix and variety of neighborhood-serving retail sales and personal services of a type that supplies commodities or offers personal services to residents of North Beach and nearby neighborhoods; (2),-:t:e preserve and maintain the District's small-scale, fine grain storefronts; (3),and to protect and encourage upper-story Residential Uses,· (4) preserve and enhance the architectural and cultural heritage o{North Beach,· and (5) preserve the contributions o{Legacy Businesses to the history and identity of North Beach, there shall be a North Beach Special Use District applicable to the North Beach Neighborhood Commercial District, as designated on the Sectional Map SU01 of the Zoning Map of the City and County of San Francisco. (b) Definitions. The following definition!Lapplies shall apply only to the North Beach Special Use District: (1) Specialty Food Manufacturing. A Commercial Use that includes the manufacturing and processing of foods on the premises for retail and/or wholesale sales and also provides a customer service counter for sale of such manufactured or processed food directly to the consumer. It may have seating as a minor and incidental use that occupies less than 15% of the Occupied Floor Area of the establishment. It includes, but is not limited toL bakeries, coffee roasters, confectionaries, chocolatiers, makers of homemade ice cream and handmade gelato or sorbet. It shall not provide any alcohol sales for consumption on or off the premises. Supervisor Peskin BOARD OF SUPERVISORS Page 11 (2) Legacy Business. A business as defined under Administrative Code Section 2A.242 and included in the Legacy Business Registry. (3) Historic Buildings. "Historic buildings" shall include Planning Code Article 10 Landmarks and buildings located within Article 10 Historic Districts, buildings and districts identified by surveys adopted by the City, buildings listed or potentially eligible for individual listing on the National or California Registers. and buildings located within listed or potentially eligible National Register or California Register historic districts. The Planning Department shall also consult materials available through the California Historical Resources Information System (CHRIS) and Inventory to determine eligibility. (c) Controls. The following provisions shall apply within such district: * * * * (6) Legacy Business. Unless otherwise prohibited by this Section 780.3, Section 722, or any other section ofthis Code, any new Non-Residential Use proposed where the immediately prior Commercial Use was a Legacy Business shall require Conditional Use authorization pursuant to Section 303 ofthis Code. (7) Architectural and Cultural Heritage of North Beach. Section 101.1 ofthe Planning Code includes the priority policy that historic buildings be preserved. The architectural and cultural character and features of existing historic buildings shall be preserved and enhanced. The Historic Preservation Commission or its staffs hall review any proposed alterations to historic buildings, as defined in subsection 780.3(b)(3), and must determine that such alterations comply with the Secretary of!nterior 's Standards for the Treatment of Historic Properties before the City approves anypermits to alter such buildings. (8) Additional Controls: The following additional controls shall apply in the North Beach Special Use District. (1) A Planned Unit Development shall not be permitted; (2) Large-Scale Urban Agriculture uses shall not be permitted,· (3) Hours of Operation shall not be permitted from 2 Supervisor Peskin BOARD OF SUPERVISORS Page 12 a.m. to 6 a.m.,· (4) Unless otherwise prohibited or limited by this Section 780.3, Section 722, or any other section ofthis Code, active commercial uses, as defined in Planning Code Section 145. 4{c), shall be required at the Ground Floor; and (5) A Health Service use, as defined in Section 102 o(this Code, shall be prohibited on the ground floor. On the second floor and above, a Health Service use shall require Conditional Use authorization pursuant to Section 303 ofthis Code. (9) Conditional Use Authorizations. In addition to the findings required under Section 303 ofthis Code, for any use or proiect within the District that is sub;ect to Conditional Use authorization under this Section 780. 3. Section 722, or any other section o(this Code. the Planning Commission shall find that the proposed proiect supports the purposes o(the North Beach SUD set .forth in this Section 780.3. Section 3. The proposed ordinance in Board File No. 170419 initially proposed to revise the definition of Formula Retail in Planning Code Section 303.1. On September 11, 2017, the Board of Supervisors' Land Use and Transportation Committee amended the proposed ordinance to remove the proposed changes to Section 303.1. Accordingly, Section 303.1 and the proposed changes to that Section have been deleted from this ordinance. Section ~- 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 Supervisor Peskin BOARD OF SUPERVISORS Page 13 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. ttorney By: n:\legana\as2017\1700531\01220707.docx Supervisor Peskin BOARD OF SUPERVISORS Page 14 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 170419 Date Passed: September 26, 2017 Ordinance amending the Planning Code to support Legacy Businesses; expand the definition of historic buildings and impose additional requirements in the Broadway Neighborhood Commercial District (NCD) and North Beach Special Use District (SUD); prohibit certain uses in the North Beach SUD; reduce the lot s.ize !imit in the North Beach SUD; modify the requirements for approval of parking garages in the Telegraph Hill-North Beach Residential SUD, the North Beach NCD, and Chinatown Mixed Use Districts; reduce off-street parking spaces permitted for residential uses in the Telegraph Hill-North Beach Residential SUD, and the Broadway and North Beach NCDs; and 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 convenience, necessity, and welfare under Planning Code, Section 302. September 11, 2017 Land Use and Transportation Committee - DUPLICATED September 11, 2017 Land Use and Transportation Committee - AMENDED September 11, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED September 19, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 7 - Breed, Fewer, Kim, Peskin, Ronen, Sheehy and Yee Excused: 4 - Cohen, Farrell, Safai and Tang September 19, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 7 - Breed, Fewer, Kim, Peskin, Ronen, Sheehy and Yee Excused: 4 - Cohen, Farrell, Safai and Tang September 26, 2017 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Breed, Cohen, Farrell, .Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Page2 Printed at 8:31 am on 9127/17 File No. 170419 City and County of San Francisco Page3 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/26/2017 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 8:31 am 011 9/27/17