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FILE NO. 160960 ORDINANCE NO. 213-16 [Planning Code - Temporary Homeless Shelters in Certain Industrial and Mixed-Use Districts] Ordinance amending the Planning Code to allow temporary Homeless Shelters in the Production, Distribution, and Repair, the WSoMa Mixed Use-Office, and the Service/Arts/Light Industrial zoning districts, subject to conditional use authorization; affirming the Planning Commission's determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 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'lcv.· 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) On September 22, 2016, after a duly noticed public hearing, the Planning Commission, in Resolution No. 197 41, adopted findings that the actions contemplated in this ordinance are not, in and of themselves, subject to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.). A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 160960, and is incorporated herein by reference. The Board of Supervisors adopts these findings as its own. Mayor Lee BOARD OF SUPERVISORS Page 1 (b) In Resolution No. 19741, the Planning Commission also adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and the eight priority policies of Planning Code Section 101.1. The Board of Supervisors adopts these findings as its own. (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. 19741 and the Board of Supervisors incorporates such reasons herein by reference. 1 O Section 2. Additional Findings. (a) A significant number of people in San Francisco cannot obtain adequate or appropriate shelter. According to the San Francisco biennial "Point-in-Time" homeless count and survey taken in January 2015, there were 6,686 adults and 853 youth without a place to live, constituting a total of 7,539 homeless people. Between the January 2013 homeless count and survey and the January 2015 homeless count and survey, the number of homeless people rose in seven of the 11 San Francisco supervisorial districts. A 10-year trend of comparable Point-in-Time data (excluding the targeted youth count) identified a 7% increase in the number of homeless people in San Francisco between 2005 and 2015. (b) As San Francisco's homeless population ages, additional health services are needed to address the homeless population's deteriorating health. According to the January 2015 homeless count and survey, 22% of the homeless were between the ages of 51 and 60, up from 14% in 2013, and 8% were 61 or older, up from 3% in 2013. ( c) The inability to obtain adequate or appropriate shelter threatens the health and safety of homeless people. Homelessness is an independent risk factor for a number of illnesses through its association with exposure to harsh weather, high stress levels, sleep Mayor Lee BOARD OF SUPERVISORS Page 2 deprivation, general unsanitary surroundings, lack of access to hygiene facilities, and poor nutrition. For example, sleep deprivation impairs cognitive processes and increases the risk of heart disease, heart attack, heart failure, irregular heartbeat, high blood pressure, stroke, and diabetes. (d) The City has partnered and collaborated with community-based nonprofit organizations serving homeless populations to develop and implement new strategies to shelter and identify housing for difficult-to-serve homeless populations, including residents of encampments, people who have not accessed the traditional shelter system, the long-term g homeless population, and Homeward Bound clients. Since 2015, the City has successfully 1 O piloted the Navigation Center model, a temporary Homeless Shelter model that minimizes barriers to participation and seeks to connect clients to stable income, public benefits, and permanent housing outside of the Navigation Center. This ordinance would facilitate the expansion of the Navigation Center model and the successful transition of difficult-to-serve homeless populations to services and permanent housing. (e) According to Administrative Code Chapter 106, the City is required to open and operate no fewer than six Navigation Centers by July 31, 2018 (within 24 months of the July 31, 2016 effective date of Ordinance No. 117-16), develop plans for the equitable distribution of shelter and housing resources, and identify sustainable revenue sources for the development of new permanent housing for homeless individuals. (f) This ordinance would amend the Planning Code to allow temporary Homeless Shelter uses in the Production, Distribution, and Repair (PDR), the WSoMa Mixed Use-Office (WMUO), and the Service/Arts/Light Industrial (SALi) zoning districts subject to conditional use authorization. Mayor Lee BOARD OF SUPERVISORS Page 3 Section 3. Section 210.3 of the Planning Code is hereby amended by revising Table 1210.3, to read as follows: I Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Zoning Category § References PDR-1-B PDR-1-D PDR-1-G PDR-2 * * * * * * * * * * * * * * * * * * * * * * * * Homeless Shelter §§ 102, 208 NF-C (181 NFC 081 NFC (181 NFC 081 * * * * * * * * * * * * * * * * * * * * * * * * **** (181 In this District, Homeless Shelter uses are permitted only with Conditional Use authorization and only if each such use (al would operate for no more than four years, and (b) would be owned or leased by, operated by, and/or under the management or day-to-day control ofthe City and County of San Francisco. If such a use is to be located within a building or structure, the building or structure must be either (al preexisting, having been completed and previously occupied by a use other than a Homeless Shelter, or (b) temporary. In this District, construction of a permanent structure or building to be used as a Homeless Shelter is not permitted. Section 4. Section 845 of the Planning Code is hereby amended by revising Table 845, including adding the portion entitled "Specific Provisions for WMUO Districts" at the end of the table, to read as follows: Table 845 WMUO - WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Mayor Lee I BOARD OF SUPERVISORS Page4 No. Zoning Category § References WSOMA Mixed Use-Office District Controls * * * * * * * * * * * * * * * * 845.23b Homeless Shelters §§ 102, 890.88(d) NFC# * * * * * * * * * * * * * * * * SPECIFIC PROVISIONS FOR WMUO DISTRICTS Article Code Section Other Code Section Zoning Controls § 845.23b § 102 In this District, Homeless Shelter uses are permitted § 890.88(d) onlv with Conditional Use authorization and only if each such use (a) would operate for no more than four years, and {Q) would be owned or leased by, operated by, and/or under the management or day-to-day control oft he City and County of San Francisco. If such a use is to be located within a building or structure, the building or structure must be either (a) preexisting. having been completed and previously occupied by a use other than a Homeless Shelter, or (Q) temporary. In this District, construction of a permanent structure or building to be used as a Homeless Shelter is not permitted. Section 5. Section 846 of the Planning Code is hereby amended by revising Table 846, including the table entitled "Specific Provisions for SALi Districts," to read as follows: Mayor Lee BOARD OF SUPERVISORS Page 5 I I I I I I Table 846 SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References SALi District Controls * * * * * * * * * * * * * * * * 844.23b Homeless Shelters §§ 102, 890.88(d) NFC# 846.23b * * * * * * * * * * * * * * * * SPECIFIC PROVISIONS FOR SALi DISTRICTS Article Code Other Code Zoning Controls Section Section * * * * * * * * * * * * § 846.23b §102 In this District, Homeless Shelter uses are permitted only with § 890.88(d) Conditional Use authorization and only if each such use (a) would operate f'gr no more than f'gur years, and 0..2 would be owned or leased by, operated by, and/or under the management or day-to-day control of the City and County of San Francisco. If such a use is to be located within a building or structure, the building or structure must be either (a) preexisting, having been completed and previously occupied by a use other than a Homeless Shelter, or (b) temporary. In this District, construction of a permanent structure or building to be used as a Homeless Shelter is not permitted * * * * * * * * * * * * Section 6. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance, or any application thereof to any person or circumstance, is held to be Mayor Lee I BOARD OF SUPERVISORS Page 6 I invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. Section 7. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the 1 O ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board overrides the Mayor's veto of the ordinance. Section 8. 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: DENNIS J. HERRERA, City Attorney n:\legana\as2016\1600712\01133636.docx Mayor Lee BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 160960 Date Passed: October 25, 2016 Ordinance amending the Planning Code to allow temporary Homeless Shelters in the Production, Distribution, and Repair, the WSoMa Mixed Use-Office, and the Service/Arts/Light Industrial zoning districts, subject to conditional use authorization; affirming the Planning Commission's determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. October 03, 2016 Land Use and Transportation Committee - RECOMMENDED October 18, 2016 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener and Yee October 25, 2016 Board of Supervisors - FINALLY PASSED Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener and Yee File No. 160960 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 10/25/2016 by the Board of Supervisors of the City and County of San Francisco. Clerk of the Board Date Approved City and County of San Francisco Page2 Printed at 12:05 pm on 10126116