o0241-23

Ordinance No. 0241-23

San Francisco Planning Code · Ord. No. 0241-23

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FILE NO. 230505 AMENDED IN COMMITTEE 11/27/2023 ORDINANCE NO. 241-23 [Planning Code, Zoning Map, Local Coastal Program Amendment - Wawona Street and 45th Avenue Cultural Center Special Use District] Ordinance amending the Planning Code to create the Wawona Street and 45th Avenue Cultural Center Special Use District (Assessor's Parcel Block No. 2513, Lot No. 026) to facilitate the redevelopment of a cultural center; amending the Zoning Map to show the Wawona Street and 45th Avenue Cultural Center Special Use District; amending the Local Coastal Program to add the Wawona Street and 45th Avenue Cultural Center Special Use District, subject to certification by the California Coastal Commission; 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 Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrmtgh italics Times ,Vew Roman.fimt. 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. CEQA 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 Engardio; Melgar BOARD OF SUPERVISORS Page 1 Supervisors in File No. 230505 and is incorporated herein by reference. The Board affirms this determination. (b) On July 27, 2023, the Planning Commission, in Resolution No. 21377, 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. 230505, 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. 21377, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 230505 and is incorporated herein by reference. Section 2. Background and Findings. (a) The Irish Cultural Center ("Cultural Center") has operated at 2700 45th Avenue for more than 45 years and has established a strong community presence by providing facilities for social, recreational, athletic, and cultural activities. The Cultural Center has operated in the original 2-story building since 1975 and has not been significantly renovated since it was first constructed. To ensure the long-term viability of the Cultural Center and its ability to continue serving the San Francisco community, a larger space that can better accommodate its ongoing cultural, educational, and recreational activities is necessary. (b) The Wawona Street and 45th Avenue Cultural Center Special Use District would facilitate the construction of a modern, state-of-the-art community center that will reactivate the street frontages and beautify the neighborhood. The Special Use District will allow for an expanded Cultural Center that will provide the public with additional educational, cultural, Supervisors Engardio; Melgar BOARD OF SUPERVISORS Page 2 social, entertainment, recreational, and retail opportunities, including an aquatic center with a kiddie pool, a gym and youth basketball court, art gallery, banquet event space, library, 99- person screening theater, cafes, restaurants, and a pub. The proposed expansion of the Cultural Center will also include nonprofit office space, classrooms, a children's playroom, and a member lounge. (c) The Board of Supervisors finds that the proposed amendment Planning Code and Zoning Map amendments in this ordinance will fulfill a public purpose and serve the public convenience and general welfare by facilitating the continued operation and expansion of the longstanding Cultural Center. The continuation of this use is important to retain existing neighborhood character and will benefit area residents, visitors, and the broader community for years to come. (d) The Board of Supervisors finds that the Planning Code and Zoning Map amendments in this ordinance constitute an amendment to the City's Local Coastal Program. The Board of Supervisors finds that the amendments conform with the applicable provisions of the Coastal Act of 1976 and the provisions of the City's certified Land Use Plan - the Western Shoreline Area Plan. The Board of Supervisors adopts and incorporates by reference the findings of the Planning Department in its letter dated October 30, 2023 and the Planning Commission in Resolution No. 21377, on file with the Clerk of the Board in File No. 230505. Section 3. The Planning Code is hereby amended by adding Section 249.96, to read as follows: SEC. 249.96. WAWONA STREET AND 45TH AVENUE CULTURAL CENTER SPECIAL USE DISTRICT. Supervisors Engardio; Melgar BOARD OF SUPERVISORS Page 3 (a) General. A special use district entitled the "Wawona Street and 45th Avenue Cultural Center Special Use District" consisting of Assessor's Parcel Block No. 2513, Lot No. 026, is hereby established for the purposes set forth below. The boundaries ofthe Wawona Street and 45th Avenue Cultural Center Special Use District are designated on Sectional Map No. SUI 3 of the Zoning Map. (b) Purpose. The purpose of this special use district is to provide for the development ofa community center with related educational, cultural, social, entertainment, recreational, and retail uses to serve both the immediate neighborhood and the larger San Francisco community. (c) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.96. ![there is a conflict between other provisions ofthe Planning Code and this Section 249.96, this Section 249.96 shall prevail. (I) The following uses and use categories shall be permitted as principal uses on all floors: General Office, Institutional, Retail Sales and Service, Wireless Telecommunications Facility, and Nighttime Entertainment. (2) The provisions of Planning Code Sections 121.1 (Development of Large Lots, Neighborhood Commercial Districts) and 121.2 (Non-Residential Use Size Limits in Neighborhood Commercial and Neighborhood Commercial Transit Districts) shall not apply. (3) For the purposes o(compliance with Planning Code Section 169 (Transportation Demand Management Program), development proiects shall be subiect to 30% o[the applicable target. All other provisions of Section 169 shall apply. (d) Conditional Use Authorization. Exceptions from otherwise applicable requirements of this Code may be appropriate to further the purpose of the Wawona Street and 45th Avenue Cultural Center Special Use District. The Planning Commission may authorize exceptions from the following Code requirements through a Conditional Use Authorization: (]) Floor Area Ratio. The maximum Floor Area Ratio shall be 7. 0:1. (2) Rear Yard Setbacks. The provisions o[Section 134 do not apply. Supervisors Engardio; Melgar BOARD OF SUPERVISORS Page 4 (3) Bulk. The applicable Bulk limits shall be a maximum length of] 30 feet and a maximum diagonal of] 76 feet, applying at a height of 40 feet and above. Section 4. Pursuant to Sections 106 and 302(c) of the Planning Code, Sheet SU 13 of the Zoning Map of the City and County of San Francisco is hereby amended, as follows: Assessor's Parcels (Block/Lot Special Use District Hereby Approved Numbers) 2513/026 Wawona Street and 45th Avenue Cultural Center Special Use District Section 5. Effective Date; Operative 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. (b) Upon enactment pursuant to this Section 5, the Director of the Planning Department shall submit this ordinance to the California Coastal Commission for certification as a Local Coastal Program Amendment. This ordinance shall be operative upon final certification by the California Coastal Commission. If the California Coastal Commission certifies this ordinance subject to modifications, this ordinance, as so modified, shall become operative 30 days after enactment of the modifications. Section 6. Transmittal of Ordinance. Upon certification by the California Coastal Commission, the Director of the Planning Department shall transmit a copy of the certified Supervisors Engardio; Melgar BOARD OF SUPERVISORS Page 5 Local Coastal Program Amendment to the Clerk of the Board for inclusion in File No. 230505. The Planning Department shall also retain a copy of the certified Local Coastal Program Amendment in its Local Coastal Program files. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: Isl Giulia Gualco-Nelson GIULIA GUALCO-NELSON Deputy City Attorney n:\legana\as2023\2300246\01719815.docx Supervisors Engardio; Melgar BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230505 Date Passed: December 12, 2023 Ordinance amending the Planning Code to create the Wawona Street and 45th Avenue Cultural Center Special Use District (Assessor's Parcel Block No. 2513, Lot No. 026) to facilitate the redevelopment of a cultural center; amending the Zoning Map to show the Wawona Street and 45th Avenue Cultural Center Special Use District; amending the Local Coastal Program to add the Wawona Street and 45th Avenue Cultural Center Special Use District, subject to certification by the California Coastal Commission; 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. September 11, 2023 Land Use and Transportation Committee - CONTINUED October 30, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE October 30, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED November 27, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE November 27, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED December 05, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton December 12, 2023 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Pagel Prillle<l at I 0: 19 am 011 12/13/23 File No. 230505 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 12/12/2023 by the Board of Supervisors of the City and County of San Francisco. J2/JB/13 Date Approved Printed at JO: 19 am on 12/13/23