AMENDED IN COMMITTEE
FILE NO. 181153
6/3/2019
ORDINANCE NO. 115-19
[Planning Code - Regional Commercial and Folsom Street Neighborhood Commercial Transit
Districts, Arts Activities and Nighttime Entertainment Uses]
Ordinance amending the Planning Code to allow Arts Activities as a principally
permitted use in the RCD (Regional Commercial District), to conditionally permit
Nighttime Entertainment uses within the RCD in historic buildings and buildings that
contribute to a historic district and to principally permit such uses in Article 10
Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street}, to exempt
Nighttime Entertainment in the RCD from the 200-foot buffer requirement, and to
require a Preservation, Rehabilitation and Maintenance Plan for uses within the Folsom
Street Neighborhood Commercial Transit and RCD Districts; 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 adopting findings of public necessity, convenience,
and general 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 NeH' 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. 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
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Supervisors in File No. 181153 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On February 6, 2019, the Historic Preservation Commission considered this
ordinance at a duly noticed public hearing and in Resolution No. 1020 recommended approval
with modifications. A copy of said Resolution is on file with the Clerk of the Board of
Supervisors in File No. 181153.
(c)
On February 21, 2019, the Planning Commission, in Resolution No. 20389,
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. 181153, and is incorporated herein by reference.
(c)
Pursuant to Planning Code Section 302, the Board of Supervisors finds that this
ordinance will serve the public necessity, convenience, and general welfare for the reasons
stated in Planning Commission Resolution No. 20389.
Section 2. Article 7 of the Planning Code is hereby amended by revising Sections
703.9, 758, and 823, to read as follows:
SEC. 703.9. PRESERVATION OF HISTORIC BUILDINGS WITHIN THE FOLSOM STREET
NCT AND RCD DISTRICTS.
The following controls are intended to support the economic viability of buildings of
historic importance within the Folsom NCT and RCD Districts.
(a)
This subsection (a) Section 703.9 applies only to buildings 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 or contributory to a district listed on the
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National Register of Historic Places or the California Register of Historical Resources by the
State Office of Historic Preservation.
(b)
Non-Retail Professional Services, Retail Professional Services, Philanthropic
Administrative Services, Financial Services, Fringe Financial Services, Gyms, Limited
Financial Services, Health Services, Personal Services and Instructional Services, as defined
in Section 102, are Principally pfermitted as a.fright. In the RCD District only, in addition to the
above uses, Arts Activities as defined in Section 102 are Principally Permitted and Nighttime
Entertainment uses as defined in Section 102 require Conditional Use authorization, except that
Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No.
120 (St. Joseph's Church at 1401 Howard Street). For all uses listed above, provided that prior to
the issuance of any necessary permits, the Zoning Administrator, with the advice of the
Historic Preservation Commission, shall determines that allowing the use will enhance the
feasibility of preserving the building. The proiect sponsor must also submit a Preservation.
Rehabilitation. and Maintenance Plan that describes any proposed preservation and rehabilitation
work and that guarantees the maintenance and upkeep of the historic resource for approval by the
Department. This Plan shall include:
a plan for the ongoing maintenance o[the subiect property;
(i)
(ii)
information regarding the nature and cost of any rehabilitation, restoration, or
preservation work to be conducted at the subiect property, including information about any required
seismic, life safety. or disability access work;
(iii)
a construction schedule; and
(iv)
such other information as the Department may require in order to determine
compliance with this subsection 703.9(b).
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(c)
The Historic Preservation Commission shall review the proposed project for
compliance with the Secretary of the Interior's Standards, (36 C.F.R. § 67.7 (2001 )) and any
applicable provisions of the Planning Code.
SEC. 758. REGIONAL COMMERCIAL DISTRICT.
The Regional Commercial District (RCD) is located along the 9th Street and 10th Street
corridors, generally running from Mission Street to Harrison Street, and provides for a wide
variety of commercial uses and services to a population greater than the immediate
neighborhood. While providing convenience goods and services to the surrounding
neighborhood, the RCD corridors are also heavily trafficked thoroughfares into and out of the
City that serve shoppers from other neighborhoods and cities.
Large-scale lots and buildings and wide streets distinguish the RCD from smaller-
scaled neighborhood commercial streets, although the district also includes small as well as
moderately scaled lots. Buildings typically range in height from two to four stories with
occasional taller structures.
A diverse commercial environment is encouraged for the RCD. Eating and drinking
establishments, general retail, office, certain auto uses, and production, distribution, and
repair uses generally are permitted with certain limitations at the first and second stories. Arts
e4_ctivities are encouraged on all floors,-lntt: and nNighttime e&ntertainment uses are prohibited
allowed on the First and Second Stories in historic building with Conditional Use authorization.,_
except that Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark
Building No. 120 {currently St. Joseph's Church at 1401 Howard Street).
Housing development is encouraged at the second story and above, and permitted on
the ground floor on smaller lots. Student housing is not permitted, and existing residential
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units are protected by limitations on demolitions and conversions. Accessory Dwelling Units
are permitted within the district pursuant to subsection 207(c)(4) of this Code.
Table 758. REGIONAL COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Regional Commercial District
Zoning
§ References
Controls
Category
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Controls by Story
1st
2nd
3rd+
* * * *
Entertainment, Arts and Recreation Use Category
Entertainment,
Arts and
§§ 102, 202.4
NP
NP
NP
Recreation
Uses*
Arts Activities
§ 102
r_
r_
r_
Entertainment,
§ 102
NP(3)
NP(3)
NP
Nighttime
* * * *
* * * *
* * * *
* * * *
* * * *
* Not listed below.
* * * *
(3) {}late deleted.} Con First and Second Story in historic buildings and P in Article 10 Landmark
Building No. 120 (St. Joseph's Church at 1401 Howard Street) per Section 703.9,_and subject to
the Good Neighbor Policies for Nighttime Entertainment activities in Planning Code Section 803.5(lz).
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SEC. 823. WESTERN SOMA SPECIAL USE DISTRICT.
* * * *
(c)
Controls. All provisions of the Planning Code shall apply except as otherwise
provided in this Section.
* * * *
(9)
Buffers from Nighttime Entertainment and Animal Services.
Additional requirements applicable to nNighttime e-g'.ntertainment uses and kKennels, as
defined in Section I 02 -2d4, are as follows:
(A)
Nighttime Entertainment. No portion of a non-accessory
nNighttime e-g'.ntertainment use, as defined in Section 102-:+7- of this Code, shall be permitted
within 200 linear feet of any property within a RED or RED-MX District. This buffer shall not
apply to {Jl any nNighttime e-g'.ntertainment use within the WMUO District where a nNighttime
e-g'.ntertainment use that was established with a building permit application or a permit from the
Entertainment Commission or San Francisco Police Department was in operation within five
years prior to submission of a building permit application to re-establish a nNighttime
e-g'.ntertainment use or(ii) a Nighttime Entertainment Use established within the Regional Commercial
District pursuant to Section 703.9(b) ofthis Code ..
* * * *
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.
Supervisor Haney
BOARD OF SUPERVISORS
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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:
DENNIS n· HERRERA, City Attorney
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DITH A. BOYAJl~N'/
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Supervisor Haney
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
FileNumber:
181153
Date Passed: June 18, 2019
Ordinance amending the Planning Code to allow Arts Activities as a principally permitted use in the
RCD (Regional Commercial District), to conditionally permit Nighttime Entertainment uses within the
RCD in historic buildings and buildings that contribute to a historic district and to principally permit
such uses in Article 10 Landmark Building No. 120 (St. Joseph's Church at 1401 Howard Street), to
exempt Nighttime Entertainment in the RCD from the 200-foot buffer requirement, and to require a
Preservation, Rehabilitation and Maintenance Plan for uses within the Folsom Street Neighborhood
Commercial Transit and RCD Districts; 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 adopting findings of public necessity,
convenience, and general welfare under Planning Code, Section 302.
May 13, 2019 Land Use and Transportation Committee - CONTINUED
June 03, 2019 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
June 03, 2019 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
June 11, 2019 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Safai, Stefani,
Walton and Yee
·
Absent: 1 - Mar
June 18, 2019 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
Pagel
Printed at 11:48 am on 6/19/19
File No. 181153
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
6/18/2019 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 11:48 am on 6/19/19
