Ordinance No. 0105-24
Ord. No. 0105-24
in effectFILE NO. 240260
AMENDED IN BOARD
5/7/2024
ORDINANCE NO. 105-24
[Planning Code - 900 Kearny Street Special Use District, Use Sizes in Chinatown Community
Business District]
Ordinance amending the Planning Code to modify the 900 Kearny Street Special Use
District to allow an enclosed rooftop building addition with a restricted arts activities
use; amending the Planning Code to clarify the Use Size maximums applicable in the
ChinatO'.vn Community Business District; and 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 making findings of public necessity, convenience, and welfare
pursuant to 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 i\lew Remenfent.
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. 231006240260 and is incorporated herein by reference. The Board
affirms this determination.
(b) On November 30May 2, 2023, the Planning Commission, in Resolution No. 21453
21553, adopted findings that the actions contemplated in this ordinance are consistent, on
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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. 231006240260, 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. 2145321553, and the Board incorporates such
reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of
Supervisors in File No. 231006240260.
Section 2. General Findings.
(a) The 900 Kearny Street Special Use District (SUD) is intended to facilitate reuse of
the property located at 900 Kearny Street. The property is located within the Chinatown
Community Business District, established in Planning Code Section 810, which prohibits
Non-Retail Professional Services uses on the first story and in the basement of buildings,
while allowing such uses on the second story and higher.
(b) The 900 Kearny Street SUD will 1Nould facilitate the reuse of the ground and
basement floors of 900 Kearny Street and exempt the site from the non-residential use size
limits and use size maximums under Sections 121.4 and 810 of the Planning Code. All other
applicable Planning Code provisions would continue to apply to the SUD. In the face of the
COVID-19 pandemic, commercial vacancy rates have risen to over 28% throughout the City.
These high vacancy rates have persisted, particularly in the area where 900 Kearny Street is
located, in the blocks generally at the intersection of Chinatown, North Beach, Jackson
Square, and the Financial District. The current restrictions applicable to Non-Retail
Professional Services uses within the Chinatown Community Business District exacerbate the
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difficulty of building owners to support existing businesses and tenants, and to attract new
business and tenants.
(c) The 900 Kearny Street SUD will facilitate increasing the presence of arts in the
area by permitting Arts Activities Uses on all existing six floors of the building. In addition, the
SUD would allow a new rooftop structure to be occupied by an artist studio or other Arts
Activities Uses. The property owner and a well-known artist have agreed to install a large
mural on the building's exterior, further identifying the building as a potential space for artists.
Section 3. Article 2 of the Planning Code is hereby amended by revising Section
249.95, to read as follows:
SEC. 249.95. 900 KEARNY STREET SPECIAL USE DISTRICT.
(a) Purpose. The 900 Kearny Street Special Use District is intended to facilitate the
reuse of the ground and basement floors of 900 Kearny Street, which were previously
occupied by a Formula Retail Financial Services Use that vacated the space in 2021.
(b) Location. The 900 Kearny Street Special Use District consists of Assessor's Block
0176, Lot 011. Its boundaries are shown on Special Use District Map SU01 of the Zoning
Map, and consists of the area within a perimeter established by Columbus Street to the east,
Jackson Street to the south, and Kearny Street to the west, and adjacent to the Sentinel
Building/Columbus Tower to the north.
(c) Controls. Applicable provisions of the Planning Code shall apply to the 900 Kearny
Street Special Use District except as otherwise provided in this Section 249.95. In the event of
a conflict between other provisions of the Planning Code and this Section, this Section shall
control.
(1)
Non-Retail Professional Services Uses shall be permitted on all floors,
including the First Story and Basement.
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I
I
(2)
The non-residential use size limits and use size maximums in Sections
121.4 and 810 shall not apply to Non-Retail Professional Services Uses.
Arts Activities Uses shall be permitted on all floors.
(3)
(4)
/\ rooftop enclosed structure with a maximum floor area of 735 square
feet and a maximum height of 11 feet above the finished roof is permitted, provided it is
occupied exclusively by /\rts Activities Uses. An enclosed building addition is permitted at the
roof level provided it is 1) no more than 735 square feet. 2) no more than 11 feet above the
finished roof, and 3) only occupied as an Arts Activities Use, subject to the following
provisions. Such a building addition is permitted notwithstanding the bulk limits of Section 270,
the sun access requirements of Section 132.3, the height limit exemptions for the features
specified in Section 260(b), and the limit on the horizontal area for the features specified in
Section 260(b}(1 }. However, such a building addition shall be included in the calculations of
the horizontal area for any other proposed building additions or features to determine if other
such additions or features meet applicable Code requirements.
Section is. Formatting of Ordinance; Explanation of Fonts.
(a) On March 18, 2024, the Land Use and Transportation Committee of the Board of
Supervisors duplicated Board File No. 231006 to create Board File No. 240260. The
ordinance in File No. 231006 proceeded through the legislative process, was enacted as
Ordinance No. 60-24, and became effective in April 2024. The ordinance in File No. 240260 -
this ordinance - remained at the Land Use and Transportation Committee. This is the
thirdfourthfifth version of that ordinance.
(b) To clearly understand the proposed amendments to existing law contained in this
thirdfourthfifth version of this ordinance, the ordinance shows in "existing text" font (plain Arial)
the law currently in effect, as amended by Ordinance No. 60-24. This ordinance shows in
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"Board amendment" font (double-underlined Arial for additions, and strikethrough Arial for
deletions) amendments to existing law. This ordinance also shows in "Board amendment" font
all amendments to this ordinance made after the file was duplicated, including amendments
approved to earlier versions of this ordinance in the Board File 240260. This ordinance omits
sections of the law currently in effect that are not being amended by this ordinance and were
not proposed for amendments in earlier versions of this ordinance in the Board File 240260.
(c) This thirdfourthfifth version of the ordinance also includes new short and long titles
that describe the ordinance, to reflect changes in existing law. These new titles replace the
short and long titles in the previousfirst two versions of the ordinance, which had included
references to the amendments that became effective with the enactment of Ordinance No.
60-24.
Section 5. As this ordinance came to the Board of Supervisors from the Land Use and
Transportation Committee, it contained a Section 4 that would have amended Planning Code
Section 810. At its May 7, 2024 meeting, the Board of Supervisors voted to delete that
Section 4 from this ordinance. Hence, this ordinance no longer contains an amendment of
Planning Code Section 810.
Section 6. 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 7. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
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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/ HEATHER GOODMAN
HEATHER GOODMAN
Deputy City Attorney
n:\legana\as2023\2400085\01756771.docx
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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
File Number:
240260
Date Passed: May 14, 2024
Ordinance amending the Planning Code to modify the 900 Kearny Street Special Use District to allow
an enclosed rooftop building addition with a restricted arts activities use; and 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
making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302.
March 18, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
March 18, 2024 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
May 06, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
May 06, 2024 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
May 07, 2024 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING NEW TITLE
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
May 07, 2024 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
May 14, 2024 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
Page 1
Printed at 9:33 am on 5/15/24
File No. 240260
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
5/14/2024 by the Board of Supervisors of the
City and County of San Francisco.
Clerk of the Board
Date Approved
Printed at 9:33 am on 5/15/24
References
amendsSec. 249.94
amendsSec. 249.95
amendsSec. 249.96
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0105-24.pdfFetched: 7/4/2026