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TEMPORARY LAND USE CONTROLSIn order of expiration date Status as of August 1, 2002
Expiration Subject File Number Legislation 12/2/2002 Interim controls regulating certain uses in the Mission District in the area bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue and the Central Freeway, in the Valencia Street Neighborhood Commercial District, in the 24th Street– Mission Neighborhood Commercial District, on Mission Street from 15th Street to Cesar Chavez Street Zoned NC-3, and in the NEMIZ 011363 Res. 841-01 2/1/2003 Interim controls regulating certain industrially-zoned properties on Third Street between Islais Creek and Paul Street 011373 Res. 63-02 3/9/2003 Visitacion Valley interim controls extension 020207 Res. 101-02 7/7/2003 Interim controls regulating, amending, and extending certain uses in the Mission District. 020916 Res. 500-02 NOTE: Legislation adopted by the Board of Supervisors and the City Planning Commission concerning interim land use controls may be obtained from the Planning Department at 1660 Mission Street, San Francisco, California 94103.
Editor's note: The following ordinances are set forth in their original form for the convenience of the Code user and are not codified as part of the Planning Code of the Municipal Code of the City and County of San Francisco.
FILE NO. 011363 RESOLUTION NO. 841-01
[Interim Controls Regulating Certain Uses in the Mission District in the Area Bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue and the Central Freeway, in the Valencia Street Neighborhood Commercial District, in the 24th Street– Mission Neighborhood Commercial District, on Mission Street From 15th Street to Cesar Chavez Street Zoned NC-3, and in the NEMIZ.]
Resolution adopting interim controls that would, in the Mission District in the area bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue and the Central Freeway, prohibit certain tourist hotels, prohibit demolition of a residential use except to construct affordable housing, require mandatory discretionary review and sign posting for a change of use, require certain new market-rate housing projects or conversions to market-rate housing to obtain conditional use authorization and allow other types of housing as a permitted use, prohibit an office or information technology use in excess of 1,500 gross square feet in areas zoned M (Industrial), and require conditional use authorization for a utility installation in areas zoned C (Commercial); that would, in the Valencia Street and 24th Street– Mission NCDs, prohibit conversions or demolitions of residential uses, prohibit information technology uses, and require conditional use for a business or professional service use of more than 2,000 square feet above the 1st story unless it is a community service; that would, in the Valencia Street NCD, permit use sizes up to 2,000 square feet as a principal use, require a conditional use for use sizes above 2,000 square feet, and prohibit new tourist hotels; that would, on Mission Street from 15th Street to Cesar Chavez Street Zoned NC-3, permit use sizes up to 2,999 square feet as a principal use, require a conditional use for certain use sizes above 2,999 square feet, require all lots over 40,000 square feet to obtain a conditional use authorization for all uses, prohibit conversions or demolition of residential uses, prohibit certain administrative service uses unless they are a community services and authorize a community service on all stories, and prohibit an information technology use on the 1st and 2nd stories and permit it as a principal use on the 3rd story and above; that would, in the Northeast Mission Industrial Zone (NEMIZ), prohibit any office or information technology use in excess of 1,500 gross square feet unless it is a community service, and prohibit new live/work projects and all conversions of live/work to office; Adopting Findings.
WHEREAS, The Commerce and Industry Element of San Francisco's General Plan advances Objectives and Policies calling for a balanced economic base for San Francisco, particularly those economic sectors that employ a high percentage of San Franciscans and provide entry-level employment opportunities; and,
WHEREAS, The industrial, manufacturing, tourist and service sectors have a long tradition in the Mission District's employment history, adding to the District's diversity both as an economic base and as a community that embraces, values and provides employment opportunities for people with a broad range of skills, trades and talents; and,
WHEREAS, The economic vitality and health of other major sectors of San Francisco's economy, such as retail, downtown office and medical services, among others, depend on adequate and essential support from the industrial, manufacturing, entertainment and service sectors; and,
WHEREAS, The availability of land zoned for industrial, manufacturing, nighttime entertainment and service use has decreased progressively over the years, particularly by construction of live/work and office uses whose owners and tenants may find such activities offensive and incompatible, which results in pressures to diminish the viability of industrial, manufacturing, entertainment and service activity and further convert industrial land to other uses; and,
WHEREAS, The industrial areas of the Mission District have the original zoning imposed when the City first adopted a zoning law more than fifty years ago, and these controls have not been systematically reviewed or revised since their original adoption; and,
WHEREAS, The use tables setting out permitted and unpermitted uses in the industrial areas of the Mission District are very out of date, particularly with respect to the office uses now being introduced into the District; and,
WHEREAS, On December 15, 1994, after three years of public hearings concerning potential uses in the Northeast Mission Industrial Zone (NEMIZ), the industrially-zoned portion of the Mission District, the Planning Commission adopted Resolution 13794 designating an Industrial Protection Zone (IPZ) in the NEMIZ and said it was concerned about live/work projects, both in new construction and large conversions, due to their potential threat to the viability and stability of the area's industrial, manufacturing, service and commercial activities; and,
WHEREAS, In Resolution 13794 the Commission stated its policy to protect the NEMIZ IPZ from all new live/work projects proposed for new construction or conversions of industrial or commercial structures that would include ten or more live/work units in order to insure that the vitality of industry and manufacturing uses continue to add to the economic diversity of the NEMIZ so that these sectors could continue to provide employment opportunities for the area's diverse population and to support and maintain the vitality of the other major sectors of the economy of the NEMIZ and San Francisco as a whole; and,
WHEREAS, The NEMIZ has lost almost one-fifth of its developable land to nonindustrial uses in the six years since the Planning Commission adopted Resolution 13794 designating an IPZ in the NEMIZ; and,
WHEREAS, This lost space accounted for approximately sixty businesses providing blue-collar jobs to local residents; and,
WHEREAS, The space developed in the NEMIZ between 1994 and 2000 provided space for 6,000 new employees with no new transportation fees paid, and very little paid for new housing and child care; and,
WHEREAS, On August 13, 1998, the Planning Department presented its Land Use Study-Status Report to the Planning Commission to further discuss land use policy in industrial areas; and,
WHEREAS, On April 8, 1999, the Planning Department issued its Zoning Options for Industrial Land to address the issues and analyze the potential conflicts between live/work and other types of development and to recommend certain actions aimed at balancing the needs of live/work development and the industrial, manufacturing, tourist, maritime and service sectors in order to protect the public health, safety and welfare; and,
WHEREAS, On April 22, 1999, the Planning Commission held a public hearing on the Zoning Options Study, and four options for interim zoning controls; and,
WHEREAS, On May 13, 1999, after a public hearing, the Planning Commission adopted Resolution 14825, which initiated imposition of the interim zoning controls; and,
WHEREAS, On August 5, 1999, after a public hearing, the Planning Commission adopted Resolution 14861 imposing interim zoning controls for a period of eighteen months, which created an IPZ where new live/work uses would not be permitted, a mixed-use housing zone where live/work uses would be encouraged, and buffer zones where live/work uses would require conditional use authorization; and,
WHEREAS, In the nineteen months since August 5, 1999 the Planning Commission has failed to initiate or adopt permanent zoning controls in the industrial zones despite Planning Code requirements that the Planning Department shall do a planning study and propose permanent legislation during the pendency of the interim controls and make reports at a public hearing at least every six months regarding the status of the permanent controls; and,
WHEREAS, On November 2, 2000, after a public hearing, the Planning Commission adopted Resolution 16020 extending the interim controls to August 4, 2001; and,
WHEREAS, Issues related to development in industrial areas have been raised by the public during Planning Commission hearings since June 1997; and,
WHEREAS, Since January of 1997, when residents of the Mission District began asking the Planning Commission to control live/work development because of the adverse effects those projects were having on the District, the City has approved live/work projects in the NEMIZ at an accelerating pace; and,
WHEREAS, Despite its policy against live/work development in the NEMIZ IPZ, adopted in Resolution 13794, the Planning Commission has approved every live/work project proposed in the NEMIZ IPZ for a total of 130 units; and,
WHEREAS, The Planning Department has approved 585 units of live/work in the non-IPZ area of the NEMIZ; and,
WHEREAS, With the exception of Project Artaud, all of the live/work units in the Mission District have been market-rate units with no affordable units; and,
WHEREAS, Construction of housing in the NEMIZ requires conditional use authorization, setbacks and some inclusionary affordable units, but "artist live/work" is a permitted use with no required setbacks or inclusionary affordable units; and,
WHEREAS, Construction of housing has not occurred in the NEMIZ because it is less favored than "artist live/work" use, skewing the production of new housing to upper-income, non-family, non-affordable housing in an area where low-income, family-housing predominates; and,
WHEREAS, Construction of and conversion of other uses to office space has resulted in hundreds of thousands of square feet of new office space in the NEMIZ, generally rented at levels comparable to downtown office space; and,
WHEREAS, The amount of live/work and office space added to the NEMIZ has resulted in the dislocation and removal of businesses, nonprofits, and arts organizations from the Mission District; and,
WHEREAS, The Mission Street commercial corridor, zoned NC-3, has not been reviewed for over a decade and needs evaluation as to appropriate zoning for large parcels to ensure the appropriate mix of housing, community-serving businesses, nonprofit organizations, arts activities, public uses, and commercial spaces; and,
WHEREAS, The Mission Street commercial corridor is an untapped resource for transit-intensive, high-density housing, as well as commercial development; and,
WHEREAS, There remain few large lots on the Mission Street commercial corridor that can be developed with significant affordable housing; and,
WHEREAS, Community-serving businesses, nonprofits, and arts organizations have been increasingly displaced as office uses move from downtown to Mission Street; and,
WHEREAS, The neighborhood-serving pedestrian character of Valencia, Mission and 24th Streets have been compromised by an influx of information technology office conversions, causing rising rents and evictions for long-time resident-serving businesses and nonprofit organizations to make space for businesses which do not serve the general public; and,
WHEREAS, The "business service" category has been used to introduce services like "information technology" that provide no services to the general public; and,
WHEREAS, These changes of use have caused irreparable harm to the Mission District business community, resulting in evictions from the Bayview Bank Building of over 25 nonprofit organizations, media, lawyers, accountants and others who have provided long-time services to local residents; and,
WHEREAS, There was a 41% increase in average commercial lease rates in the Mission District between 1997 and 1999; and,
WHEREAS, It is necessary to create a "community service" use category, which allows nonprofits, arts activities and community-serving small businesses to be located where commercial uses which do not provide direct services to Mission District residents may be inappropriate; and,
WHEREAS, It is necessary to create an "information technology" category until the City is able to revise the Planning Code language, which currently does not provide for such uses; and,
WHEREAS, Housing units throughout commercially-zoned areas of the Mission District have been eliminated through conversions to other uses, either for larger commercial or residential spaces; and,
WHEREAS, Tourist hotels attract tourist-serving businesses in place of affordable services for the residents and business community; and,
WHEREAS, In recent years, construction of lower-income housing in the Mission District has fallen considerably short of demand; and,
WHEREAS, Lower-income households in the Mission District have become even more overcrowded, face ever escalating rents, and are being forced to leave the City; and,
WHEREAS, The largest amount of new housing in the Mission District has been in live/work units, which are not affordable, do not provide family housing, and occupy land which will never be available for affordable housing; and,
WHEREAS, Most of the housing and all of the live/work units which have been recently constructed in the Mission District have no affordable units because the projects are being constructed in sizes just under the threshold that would trigger the requirement to provide affordable units or as live/work which requires no affordability at all; and,
WHEREAS, The Board of Supervisors is currently proposing legislation to reduce the inclusionary housing threshold and require inclusionary units in live/work projects; and,
WHEREAS, City Planning Code Section 306.7 authorizes the Board of Supervisors to impose interim controls temporarily suspending the approval of permits and other land use authorizations in conflict with a contemplated zoning proposal which the Board, the Planning Commission, or the Department of Planning is considering or intends to study within a reasonable period of time; and,
WHEREAS, interim controls are authorized to control uses which are having an adverse impact on areas of mixed residential and commercial uses in order to preserve the existing character of such neighborhoods and areas; and,
WHEREAS, Interim controls are authorized to conserve the commerce and industry of the City in order to maintain the economic vitality of the City, to provide its citizens with adequate jobs and business opportunities, and to maintain adequate services for its residents, visitors, businesses, and institutions; and,
WHEREAS, The Board of Supervisors finds that these interim controls are necessary in order to direct office development into the Downtown core where there is transit capacity, to protect residential and mixed-use areas of the City where office developments are proliferating, and to prevent displacement of other viable economic uses which provide needed services and employment to San Francisco residents until the Department of City Planning can complete studies of appropriate General Plan, Zoning Map, and Planning Code amendments for these areas; and,
WHEREAS, The Board of Supervisors finds that these interim controls enhance and are consistent with the purpose of the Planning Code as set forth in Section 101 and with the Priority Policies of Planning Code Section 101.1 in that: (a) they conserve and protect existing housing and neighborhood character (Policies 2 and 3) by prohibiting the conversion and demolition of residential uses and by prohibiting or requiring conditional use for certain large non-retail uses; (b) they maintain a diverse economic base by protecting the City's industrial and service sectors from displacement due to commercial office development (Policy 5); and (c) they have no impact on existing neighborhood-serving retail uses or resident employment (Policy 1), commuter traffic or transit service (Policy 4), earthquake preparedness (Policy 6), landmarks and historic buildings (Policy 7), or parks and open space (Policy 8); and,
WHEREAS, The Board of Supervisors is authorized by Planning Code Section 306.7(c) to initiate the procedure for imposing interim controls by a resolution adopted by majority vote; now, therefore, be it
RESOLVED, That the interim controls set forth below are hereby imposed on all property within the defined sub-areas. No City agency, board, commission, officer, or employee may approve any demolition permit, site permit, building permit, grading permit, conditional use authorization, or any other land use entitlement inconsistent with the following controls for as long as they are in effect:
(a) The Mission District in the Area Bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue, and the Central Freeway.
(i) New tourist hotels are not permitted unless such hotels contain 9 or more single room occupancy rooms or apartments for rent of which at least 40% will be rented at below market rates under Mayor's Office of Housing Guidelines, and contain at least 1000 gross square feet of Administrative Services Space devoted to a non-profit tenant at a below market rental rate.
(ii) Any demolition of a residential use is prohibited, except to construct an "affordable housing," including group housing, and residential care facilities, that are "affordable to qualifying households," as defined in Planning Code Section 313.1, for a continuous 50 year period, as provided in affordability restrictions set forth in a Notice of Special Restrictions or similar instrument to be recorded in the official records of San Francisco County. Any housing constructed under this Subsection (ii) will be subject to the monitoring and enforcement provisions of Planning Code Sections 315.6 and 315.7.
(iii) For any change of use, whether or not it is considered a change of use under the Building Code, a discretionary review hearing by the Planning Commission and posting of a sign on the property in compliance with the requirements of Planning Code Section 306.8 are mandatory.
(iv) All new market-rate housing projects or conversions of existing residential uses to market-rate housing shall require conditional use authorization, unless a new market rate housing project contains 10 or more group housing units, and contains 9 or more single room occupancy rooms or apartments of which at least 40% will be rented at below market rates under Mayor's Office of Housing Guidelines.
(v) The following shall be a principal permitted use:
(A) projects where at least 25% of the units are "affordable to qualifying households," as defined in Planning Code Section 313.1, earning no more than 60% of the area median income (AMI) for a continuous 50 year period, as provided in affordability restrictions set forth in a Notice of Special Restrictions or similar instrument to be recorded in the official records of San Francisco County, which provides in each case that the project is subject to the monitoring and enforcement provisions of Planning Code Sections 315.6 and 315.7;
(B) senior housing projects in which all units are "affordable to a household," as defined in Planning Code Section 313.1, earning no more than 60% of the AMI for a continuous 50 year period, as provided in affordability restrictions set forth in a Notice of Special Restrictions or similar instrument to be recorded in the official records of San Francisco County, which provides in each case that the project is subject to the monitoring and enforcement provisions of Planning Code Sections 315.6 and 315.7;
(C) limited equity cooperative projects; and
(D) community land trust.
(vi) In areas zoned M-1 and M-2, no office use (which includes an "information technology" use) in excess of 1,500 gross square feet is permitted.
(vii) In areas zoned C-1, C-2, C-3-0, C-3-R, C-3-G, C-3-S, and C-M, a utility installation as defined in Planning Code Section 209.6(b) shall require a conditional use authorization.
(b) Valencia Street Neighborhood Commercial District. The Zoning Control Table in Planning Code Section 726 is modified as follows:
(i) Section 726.21, Use Size [Non-residential], is modified to permit use sizes up to 2,000 square feet as a principal use and to require use sizes above 2,000 square feet to obtain a conditional use authorization.
(ii) Section 726.38, Residential Conversion, is modified to prohibit conversion of a residential use on all stories.
(iii) Section 726.39, Residential Demolition, is modified to prohibit demolition of a residential use on all stories.
(iv) Section 726.53, Business or Professional Service, is modified to permit as a principal use on the 1st story a "community service" use (as defined in these interim controls) of any square footage, to allow on the 1st story a business or professional service that is not a community service use of up to 2,000 square feet as a principal permitted use and of more than 2,000 square feet as a conditional use.
(v) Section 726.55, Tourist Hotel, is modified to prohibit a tourist hotel use on all stories.
(vi) An "information technology" use (as defined in these interim controls) is prohibited on all stories.
(c) 24th Street– Mission Neighborhood Commercial District. The Zoning Control Table in Planning Code Section 727 is modified as follows:
(i) Section 727.38, Residential Conversion, is modified to prohibit conversion of a residential use on all stories.
(ii) Section 727.39, Residential Demolition, is modified to prohibit demolition of a residential use on all stories.
(iii) Section 727.53, Business or Professional Service, is modified to permit as a principal use on the 1st story a "community service" use (as defined in these interim controls) of any square footage, to allow on the 1st story a business or professional service that is not a community service use of up to 2,000 square feet as a principal permitted use and of more than 2,000 square feet as a conditional use.
(iv) An "information technology" use (as defined in these interim controls) is prohibited on all stories.
(d) Mission Street from 15th Street to Cesar Chavez Street Zoned NC-3. The NC-3 Zoning Control Table in Planning Code Section 712 is modified as follows:
(i) Section 712.21, Use Size [Non-residential], is modified to permit use sizes up to 2,999 square feet as a principal use and to require use sizes above 2,999 square feet to obtain a conditional use authorization, except buildings above 2,999 square feet that contain at least 1,000 gross square feet of Administrative Service Space rented to a non-profit organization at a below market rate, and contain 9 or more new SRO rooms or apartments and at least 10 units of group housing shall be permitted as a principal use.
(ii) Section 712.38, Residential Conversion, is modified to prohibit conversion of a residential use on all stories.
(iii) Section 712.39, Residential Demolition, is modified to prohibit demolition of a residential use on all stories.
(iv) Section 712.70, Administrative Service, is modified to prohibit an administrative service use on all stories unless it is a "community service" use (as defined in these interim controls); provided, however, that if at least 1000 gross square feet of the Administrative Service use is rented to a non-profit organization at a below market rate rent, such prohibition shall not apply. A community service use is permitted as a principal use on all stories.
(v) An "information technology" use (as defined in these interim controls) is prohibited on the 1st and 2nd stories and is permitted as a principal use on the 3rd story and above.
(vi) All lots over 40,000 square feet require a conditional use authorization for all uses.
(e) Northeast Mission Industrial Zone (NEMIZ). In the area defined as the Northeast Mission Industrial Zone (NEMIZ) in Planning Commission Resolution 13794:
(i) no office use (which includes an "information technology" use) in excess of 1,500 gross square feet is permitted unless it is a "community service" use (as defined in these interim controls);
(ii) all conversions of "live/work," as defined in Planning Code Section 233, to an office use are prohibited; and
(iii) all new "live/work" projects are prohibited.
FURTHER RESOLVED, That for the purpose of these interim controls, the term "Community service" shall mean "a nonretail use which includes executive, technical, management, clerical, and administrative support for the provision of social, health, housing, employment, legal, cultural, or arts services to the general public, principally to persons of who earn 60% of the Area Mean Income (AMI); and be it
FURTHER RESOLVED, That for the purpose of these interim controls, the term "Information technology" shall mean "space within a structure intended or primarily suitable for occupancy by persons who perform for their own benefit or provide to others at that location multimedia, software development, web design, electronic commerce, research and technology and other computer-based technology, either to the general public or to the business community"; and be it
FURTHER RESOLVED, That for the purpose of these interim controls, "information technology" shall be considered an office use; and be it
FURTHER RESOLVED, That these controls shall remain in effect for a period of twelve months unless extended by the Board; and be it
FURTHER RESOLVED, That when permanent controls are enacted for the specific sub-areas set forth above, the interim controls shall no longer be in effect for that sub-area.
APPROVED AS TO FORM LOUISE H. RENNE City Attorney
By ____ L. Joanne Sakai Deputy City Attorney
October 22, 2001 Board of Supervisors – AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE
October 22, 2001 Board of Supervisors – ADOPTED AS AMENDED
Ayes: 10 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee Noes: 1- Hall File No. 011363 I hereby certify that the foregoing Resolution was ADOPTED AS AMENDED on October 22, 2001 by the Board of Supervisors of the City and County of San Francisco.
____ Gloria L. Young Clerk of the Board
Date: November 2, 2002
I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set forth in Section 3.103 of the Charter, became effective without his approval in accordance with the provision of said Section 3.103 of the Charter.
____ Clerk of the Board
FILE NO. 011373 RESOLUTION NO. 63-02
[Interim Controls Regulating Certain Industrially-Zoned Properties on Third Street Between Islais Creek and Paul Street.]
Resolution adopting interim controls that would subject the following properties on Third Street between Islais Creek and Paul Avenue, which are currently zoned M (Industrial), to the more restrictive controls of NC-3 (Moderate-Scale Neighborhood Commercial) for a period of twelve months: Assessor's Block 4501, Lots 001, 003, 004, and 005;
Block 4502a, Lot 002; Block 4881, Lots 012, 018, 022, and 024; Block 4912, Lot 006; Block 4940, Lots 012A, 012B, and 024; Block 5211, Lots 027 and 028; Block 5217, Lot 001; Block 5225, Lot 010; Block 5226, Lots 025, and 028; Block 5235, Lots 003 and 011; Block 5242, Lots 021, 022, 023, 024, and 042; and Block 5253, Lots 003, 008, 029, 030, 031, 032, 033, and 034; Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036; Block 5272, Lots 045 and 048; Block 5279, Lots 001, 002 and 003; Block 5414, Lots 005, 006, 007, 008, 025, 026, 027, 028, and 030; Block 5418, Lots 001, 002, and 010; Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 016, 017, and 018; Block 5421, Lot 011; Block 5429, Lot 002; Block 5431A, Lots 001, 001M, 001U, 001V, and 004; adopting findings pursuant to Planning Code Section 101.1.WHEREAS, In January, 1995, the Board of Supervisors ("Board") adopted the Bayview Hunters Point Survey Area ("Survey Area"), which is generally bounded by San Francisco Bay to the east, the City and County of San Francisco border to the south, US Highway 101 to the west, and Cesar Chavez Street to the north; and
WHEREAS, On February 10, 1997, the Board approved and certified the election of the Bayview Hunters Point Project Area Committee (the "PAC"); and,
WHEREAS, The PAC has produced a document entitled the "Bayview Hunters Point Community Revitalization Concept Plan," which, among other things, sets forth a vision and strategies for the revitalization and redevelopment of those portions of Third Street within the Survey Area as a neighborhood commercial area; and,
WHEREAS, The Board wishes to encourage the development of certain portions of Third Street as a neighborhood commercial area and to protect those portions of Third Street from the approval of development projects that are inconsistent with a neighborhood commercial area; and,
WHEREAS, The Board recently adopted a resolution urging the San Francisco Redevelopment Agency to amend the Redevelopment Plans for the India Basin, the Hunters Point Hill, and the Bayview Industrial Triangle redevelopment project areas to establish land use and development controls consistent with those of a neighborhood commercial district under the City Planning Code; and,
WHEREAS, Certain properties along Third Street that are not within a redevelopment plan or redevelopment survey area currently are zoned for industrial use under the City Planning Code, which would allow for possible development on Third Street of projects that are inconsistent with a neighborhood commercial area; and,
WHEREAS, The new Muni Third Street light rail line, currently projected to begin operations in the Bayview area by 2004, will establish a light rail transit line along the entire length of Third Street in Bayview, and neighborhood commercial uses along this new light rail line would be consistent with land uses adjacent to other light rail lines in the City; and,
WHEREAS, City Planning Code Section 306.7 authorizes the Board of Supervisors to impose interim zoning controls temporarily suspending the approval of permits and other land use authorizations in conflict with a contemplated zoning proposal which the Board, the Planning Commission, or the Department of Planning is considering or intends to study within a reasonable period of time; and,
WHEREAS, The Board finds that these interim controls are necessary in order to protect those portions of Third Street that are not within a redevelopment project or survey area from development which is inconsistent with its contemplated development as a neighborhood commercial area until such time as permanent controls for Third Street can be adopted; and,
WHEREAS, The Board finds that these interim controls enhance and are consistent with the purpose of the Planning Code as set forth in Section 101 and with the Priority Policies of Planning Code Section 101.1 in that they will preserve and enhance opportunities for neighborhood-serving retail uses and attendant resident employment and ownership of such businesses (Policy 1); no other Priority Policy will be impacted; and,
WHEREAS, The Board is authorized by Planning Code Section 306.7(c) to initiate the procedure for imposing interim controls by a resolution adopted by majority vote; now, therefore, be it
RESOLVED, That for the duration of these interim controls, the following properties on Third Street between Islais Creek and Paul Avenue, which are currently zoned M (Industrial), shall be subject to the more restrictive controls of NC-3 (Moderate-Scale Neighborhood Commercial): Assessor's Block 4501, Lots 001, 003, 004, and 005; Block 4502A, Lot 002; Block 4881, Lots 012, 018, 022, and 024; Block 4912, Lot 006; Block 4940, Lots 012A, 012B, and 024; Block 5211, Lots 027 and 028; Block 5217, Lot 001; Block 5225, Lot 010; Block 5226, Lots 025 and 028; Block 5235, Lots 003 and 011; Block 5242, Lots 021, 022, 023, 024, and 042; and Block 5253, Lots 003, 008, 029, 030, 031, 032, 033, and 034; Block 5260, Lots 001, 002, 003, 032, 034, 035 and 036; Block 5272, Lots 045 and 048; Block 5279, Lots 001, 002 and 003; Block 5414, Lots 005, 006, 007, 008, 025, 026, 027, 028, and 030; Block 5418, Lots 001, 002, and 010; Block 5419, Lots 006, 007, 007B, 007C, 009, 015, 016, 017, and 018, Block 5421, Lot 011; Block 5429, Lot 002; Block 5431A, Lots 001, 001M, 001U, 001V, and 004; and, be it
FURTHER RESOLVED, That these controls shall remain in effect for a period of twelve months unless extended by the Board or until the adoption of permanent zoning controls.
APPROVED AS TO FORM LOUISE H. RENNE, City Attorney
By ____ JUDITH A. BOYAJIAN Deputy City Attorney
January 22, 2002 Board of Supervisors – ADOPTED
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee File No. 011373 I hereby certify that the foregoing Resolution was ADOPTED on January 22, 2002 by the Board of Supervisors of the City and County of San Francisco.
____ Gloria L. Young Clerk of the Board
Date: November 2, 2002
I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set forth in Section 3.103 of the Charter, became effective without his approval in accordance with the provision of said Section 3.103 of the Charter.
____ Clerk of the Board
FILE NO. 020207 RESOLUTION NO. 101-02
[Visitacion Valley Interim Controls Extension.]
Resolution extending the imposition of interim zoning controls, as modified, for an additional twelve (12) months by applying the zoning controls applicable in NC-3 districts that are contained in the Planning Code Section 712 to Assessor's Blocks 5087, 5100, and 5101 and Block 5099, Lot 14, subject to a specified exception; by requiring conditional use authorization for any non-residential use size in excess of sixty-five thousand (65,000) square feet on Assessor's Blocks 5087, 5100, and 5101 and Block 5099, Lot 14, and in the adjacent NC-3 district located on Bayshore Boulevard and bounded by Arleta Avenue on the north and the terminus of the City and County of San Francisco to the south; and adopting findings pursuant to Planning Code Section 101.1.
WHEREAS, On March 9, 2001, the City and County of San Francisco enacted Board of Supervisors Resolution No. 159-01, on file with the Clerk of the Board of Supervisors in File No. 001557, that imposed interim controls on Visitacion Valley's NC-3 District and adjacent properties for a twelve (12) month period. Said Resolution is incorporated herein by reference; and
WHEREAS, The unique character of this neighborhood warrants the continuation of specific zoning controls to preserve and enhance residential uses and compatible neighborhood-oriented commercial uses; and
WHEREAS, The continued extension of the NC-3 zoning controls to adjacent industrially-zoned land would preserve the neighborhood commercial character of Visitacion Valley and allow for the establishment of appropriate commercial uses; and
WHEREAS, Visitacion Valley would benefit from a conditional use requirement on large non-residential uses in order to ensure a diverse array of commercial and retail uses at varying sizes; and,
WHEREAS, The extension of interim controls, as modified, are necessary to provide greater public scrutiny and Planning Commission review of the establishment of inappropriate or oversize uses pending the adoption of permanent controls and to ensure that a permanent legislative program can be pursued with the maximum participation by interested neighbors, organizations and property owners; and
WHEREAS, Planning Code Section 306.7(c) authorizes the Board of Supervisors to extend interim controls in order to protect the public health, safety, and welfare and to ensure that the proposed legislative program is not undermined pending adoption of the permanent controls; and
WHEREAS, The Board of Supervisors has determined that the hardship on property owners from modifying and extending the interim controls is outweighed by the detriment to the public if the controls are not modified and extended; and
WHEREAS, Planning Code Section 306.7(b) provides that for the duration of these controls, a proposed development shall conform to both the existing provisions of the Planning Code and to these interim controls, whichever is more restrictive; now, therefore, be it
RESOLVED, That the Board of Supervisors hereby extends the interim controls specified in Resolution No. 159-01 and modifies such controls as follows:
(a) Assessor's Blocks 5087, 5100, and 5101 and Block 5099, Lot 14, as designated on Section Map 10 of the San Francisco Zoning Map, shall be subject to the zoning controls applicable in Moderate-Scale Neighborhood Commercial Districts (NC-3) contained in Planning Code Section 712, except that any use prohibited in such an NC-3 District shall be subject to a conditional use authorization; and
(b) A non-residential use size in excess of sixty-five thousand (65,000) square feet on Assessor's Blocks 5087, 5100, and 5101 and Block 5099, Lot 14, as designated on Section Map 10 of the San Francisco Zoning Map, and in the adjacent NC-3 District established along Bayshore Boulevard bounded by Arleta Boulevard to the north and the terminus of the City and County of San Francisco to the south shall be subject to conditional use authorization; and, be it
FURTHER RESOLVED, That for purposes of these interim controls "conditional use" shall have the meaning given that term in Planning Code Section 303; and, be it
FURTHER RESOLVED, That the extension of these interim controls is necessary in order to protect the public health, safety and welfare. Said controls advance and are consistent with the priority policies of Planning Code Section 101.1, in that they attempt to preserve and enhance existing neighborhood-serving retail uses, conserve existing housing and neighborhood character, maintain a diverse economic base, and control uses which have an adverse impact on City services and neighborhood parking. In addition, these controls have no adverse impact on affordable housing, earthquake preparedness, landmarks and historic buildings, or parks and open space; and, be it
FURTHER RESOLVED, That if any other interim controls applicable to the subject NC3 District and Assessor's Blocks 5087, 5100, and 5101 and Block 5099, Lot 14 are in effect at the time these controls are enacted, the more restrictive provisions among the controls shall apply; and, be it
FURTHER RESOLVED, That these interim controls shall remain in effect for a period of twelve (12) months from the termination of Resolution No. 159-01 or until permanent controls are adopted, whichever shall first occur.
APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney
By: ____ John D. Malamut Deputy City Attorney
February 11, 2002 Board of Supervisors– ADOPTED
Ayes: 11 - Ammiano, Daly, Gonzalez, Hall, Leno, Maxwell, McGoldrick, Newsom, Peskin, Sandoval, Yee File No. 020207 I hereby certify that the foregoing Resolution was ADOPTED on February 11, 2002 by the Board of Supervisors of the City and County of San Francisco.
____ Gloria L. Young Clerk of the Board
February 22, 2002 ____ ____ Date Approved Mayor Willie L. Brown Jr. FILE NO. 020916 RESOLUTION NO. 500-02
[Amending and Extending Interim Controls Regulating Certain Uses in the Mission District.]
Resolution amending interim controls to require conditional use and expanded public notice for certain uses in the Mission District in the Area Bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue and the Central Freeway, in the Valencia Street Neighborhood Commercial District, in the 24th Street– Mission Neighborhood Commercial District, on Mission Street From 15th Street to Cesar Chavez Street Zoned NC-3, and in the NEMIZ; extending the interim controls to July 7, 2003 or until permanent controls are adopted.
WHEREAS, The Commerce and Industry Element of San Francisco's General Plan advances Objectives and Policies calling for a balanced economic base for San Francisco, particularly those economic sectors that employ a high percentage of San Franciscans and provide entry-level employment opportunities; and,
WHEREAS, The industrial, manufacturing, tourist and service sectors have a long tradition in the Mission District's employment history, adding to the District's diversity both as an economic base and as a community that embraces, values and provides employment opportunities for people with a broad range of skills, trades and talents; and,
WHEREAS, The economic vitality and health of other major sectors of San Francisco's economy, such as retail, downtown office and medical services, among others, depend on adequate and essential support from the industrial, manufacturing, entertainment and service sectors; and,
WHEREAS, The availability of land zoned for industrial, manufacturing, nighttime entertainment and service use has decreased progressively over the years, particularly by construction of live/work and office uses whose owners and tenants may find such activities offensive and incompatible, which results in pressures to diminish the viability of industrial, manufacturing, entertainment and service activity and further convert industrial land to other uses; and,
WHEREAS, To stabilize employment in the Mission until new zoning controls can be adopted it is desirable to maintain existing Production, Distribution and Repair (PDR) businesses and buildings which accommodate PDR uses; and,
WHEREAS, The industrial areas of the Mission District have the original zoning imposed when the City first adopted a zoning law more than fifty years ago, and these controls have not been systematically reviewed or revised since their original adoption; and,
WHEREAS, The use tables setting out permitted and unpermitted uses in the industrial areas of the Mission District are very out of date, particularly with respect to the office uses now being introduced into the District; and,
WHEREAS, on December 15, 1994, after three years of public hearings concerning potential uses in the Northeast Mission Industrial Zone (NEMIZ), the industrially-zoned portion of the Mission District, the Planning Commission adopted Resolution 137-94 designating an Industrial Protection Zone (IPZ) in the NEMIZ and said it was concerned about live/work projects, both in new construction and large conversions, due to their potential threat to the viability and stability of the area's industrial, manufacturing, service and commercial activities; and,
WHEREAS, In Resolution 13794 the Commission stated its policy to protect the NEMIZ IPZ from all new live/work projects proposed for new construction or conversions of industrial or commercial structures that would include ten or more live/work units in order to insure that the vitality of industry and manufacturing uses continue to add to the economic diversity of the NEMIZ so that these sectors could continue to provide employment opportunities for the area's diverse population and to support and maintain the vitality of the other major sectors of the economy of the NEMIZ and San Francisco as a whole; and,
WHEREAS, The NEMIZ has lost almost one-fifth of its developable land to non-industrial uses in the over seven years since the Planning Commission adopted Resolution 13794 designating an IPZ in the NEMIZ; and,
WHEREAS, This lost space accounted for approximately sixty businesses providing blue-collar jobs to local residents; and,
WHEREAS, The space developed in the NEMIZ between 1994 and 2000 provided space for 6,000 new employees with no new transportation fees paid, and very little paid for new housing and child care; and,
WHEREAS, On August 13, 1998, the Planning Department presented its Land Use Study-Status Report to the Planning Commission to further discuss land use policy in industrial areas; and,
WHEREAS, On April 8, 1999, the Planning Department issued its Zoning Options for Industrial Land to address the issues and analyze the potential conflicts between live/work and other types of development and to recommend certain actions aimed at balancing the needs of live/work development and the industrial, manufacturing, tourist, maritime and service sectors in order to protect the public health, safety and welfare; and,
WHEREAS, On April 22, 1999, the Planning Commission held a public hearing on the Zoning Options Study, and four options for interim zoning controls; and,
WHEREAS, On May 13, 1999, after a public hearing, the Planning Commission adopted Resolution 14825, which initiated imposition of the interim zoning controls; and,
WHEREAS, On August 5, 1999, after a public hearing, the Planning Commission adopted Resolution 14861 imposing interim zoning controls for a period of eighteen months, which created an IPZ where new live/work uses would not be permitted, a mixed-use housing zone where live/work uses would be encouraged, and buffer zones where live/work uses would require conditional use authorization; and,
WHEREAS, In the thirty-five months since August 5, 1999 the Planning Commission has failed to initiate or adopt permanent zoning controls in the industrial zones despite Planning Code requirements that the Planning Department shall do a planning study and propose permanent legislation during the pendency of the interim controls and make reports at a public hearing at least every six months regarding the status of the permanent controls; and,
WHEREAS, On November 2, 2000, after a public hearing, the Planning Commission adopted Resolution 16020 extending the interim controls to August 4, 2001; and,
WHEREAS, Issues related to development in industrial areas have been raised by the public during Planning Commission hearings since June 1997; and,
WHEREAS, Partly in response to concerns about the proliferation of live/work projects by Mission District residents, the Board of Supervisors recently amended the Planning Code to prohibit new live/work units; and,
WHEREAS, With the exception of Project Artaud, all of the live/work units in the Mission District have been market-rate units with no affordable units; and,
WHEREAS, Construction of housing did not occur in the NEMIZ over the past ten years because it was less favored in the Planning Code than "artist live/work" use, skewing the production of new housing to upper-income, non-family, non-affordable housing in an area where low-income, family-housing predominates; and,
WHEREAS, Construction of and conversion of other uses to office space has resulted in hundreds of thousands of square feet of new office space in the NEMIZ in the past five years, generally rented at levels comparable to downtown office space; and,
WHEREAS, The amount of live/work and office space added to the NEMIZ has resulted in the dislocation and removal of businesses, nonprofits, and arts organizations from the Mission District; and,
WHEREAS, The Mission Street commercial corridor, zoned NC-3, has not been reviewed for over a decade and needs evaluation as to appropriate zoning for large parcels to ensure the appropriate mix of housing, community-serving businesses, nonprofit organizations, arts activities, public uses, and commercial spaces; and,
WHEREAS, The Mission Street commercial corridor is an untapped resource for transit-intensive, high-density housing, as well as commercial development; and,
WHEREAS, There remain few large lots on the Mission Street commercial corridor that can be developed with significant affordable housing; and,
WHEREAS, Community-serving businesses, nonprofits, and arts organizations have been increasingly displaced as office uses move from downtown to Mission Street; and,
WHEREAS, The neighborhood-serving pedestrian character of Valencia, Mission and 24th Streets have been compromised by an influx of information technology office conversions, causing rising rents and evictions for long-time resident-serving businesses and nonprofit organizations to make space for businesses which do not serve the general public; and,
WHEREAS, The "business service" category has been used to introduce services like "information technology" that provide no services to the general public; and,
WHEREAS, Even when the converted spaces are no longer occupied because o decreased demand, these changes of use have caused irreparable harm to the Mission District business community, including evictions from the Bayview Bank Building of over 25 nonprofit organizations, media, lawyers, accountants and others who have provided long-time services to local residents; and,
WHEREAS, It is necessary to create a "community service" use category, which allows nonprofits, arts activities and community-serving small businesses to be located where commercial uses which do not provide direct services to Mission District residents may be inappropriate; and,
WHEREAS, It is necessary to create an "information technology" category until the City is able to revise the Planning Code language, which currently does not provide for such uses; and,
WHEREAS, Housing units throughout commercially-zoned areas of the Mission District have been eliminated through conversions to other uses, either for larger commercial or residential spaces; and,
WHEREAS, Tourist hotels attract tourist-serving businesses in place of affordable services for the residents and business community; and,
WHEREAS, In recent years, construction of lower-income housing in the Mission District has fallen considerably short of demand; and,
WHEREAS, Lower-income households in the Mission District have become even more over-crowded, face ever escalating rents, and are being forced to leave the City; and,
WHEREAS, The largest amount of new housing in the Mission District has been in live/work units, which are not affordable, do not provide family housing, and occupy land which will never be available for affordable housing; and,
WHEREAS, Most of the housing and all of the live/work units which have been recently constructed in the Mission District have no affordable units because the projects are being constructed in sizes just under the threshold that would trigger the requirement to provide affordable units or as live/work which required no affordability at all; and,
WHEREAS, Parking in excess of the amount required drives up the cost of development, in particular the cost of housing, and is not in keeping with the character of the Mission neighborhood: and,
WHEREAS, The Mission has lower levels of automobile ownership than other neighborhoods with many residents taking transit, bicycles or walking to work, and 60% of Mission residents walk to the commercial areas to do their shopping, and,
WHEREAS, Existing Planning Code provisions regarding laboratories are over 40 years old and are insufficient to address modern biotech laboratories; and,
WHEREAS, The City is currently in the process of developing Citywide standards regulating wet labs and until those standards are developed establishing the preferred distance between biotech wet labs and residents, it is desirable to separate any such laboratories from residences; and,
WHEREAS, Large single-tenant retail facilities require a substantial amount of parking, which encourages automobile usage traffic problems and inappropriately low density levels given the limited amount of land in the City; and,
WHEREAS, Large single-tenant retail facilities also have the potential to displace local small businesses; and.
WHEREAS, New development on Mission Street between 1401 and 15th Streets will add pedestrians on a block which is not currently zoned for intense pedestrian activity, despite the fact that it is immediately to the north of the NC-3 Neighborhood Commercial District; and,
WHEREAS, Given the limited amount of land in the Mission available for housing and job-producing businesses, large open parking lots waste valuable land, create "dead" spaces, attract undesirable activity and become a blight on the community; and,
WHEREAS, Restaurants and bars in neighborhood commercial districts that are closed during the day deaden the block on which they are located and do not generate a desirable level of pedestrian activity for the other retail businesses; and,
WHEREAS, City Planning Code Section 306.7 authorizes the Board of Supervisors to impose interim controls temporarily suspending the approval of permits and other land use authorizations in conflict with a contemplated zoning proposal which the Board, the Planning Commission, or the Department of Planning is considering or intends to study within a reasonable period of time; and,
WHEREAS, Interim controls are authorized to control uses which are having an adverse impact on areas of mixed residential and commercial uses in order to preserve the existing character of such neighborhoods and areas; and,
WHEREAS, Interim controls are authorized to conserve the commerce and industry of the City in order to maintain the economic vitality of the City, to provide its citizens with adequate jobs and business opportunities, and to maintain adequate services for its residents, visitors, businesses, and institutions; and,
WHEREAS, The Board of Supervisors finds that these interim controls are necessary in order to direct office development into the Downtown core where there is transit capacity, to protect residential and mixed-use areas of the City where office developments are proliferating, and to prevent displacement of other viable economic uses which provide needed services and employment to San Francisco residents until the Department of City Planning can complete studies of appropriate General Plan, Zoning Map, and Planning Code amendments for these areas; and,
WHEREAS, The Board of Supervisors finds that these interim controls enhance and are consistent with the purpose of the Planning Code as set forth in Section 101 and with the Priority Policies of Planning Code Section 101.1 in that: (a) they conserve and protect existing housing and neighborhood character (Policies 2 and 3) by requiring conditional use for the conversion and demolition of residential uses and for certain large non-retail uses; (b) they maintain a diverse economic base by protecting the City's industrial and service sectors from displacement due to commercial office development (Policy 5); and (c) they have no impact on existing neighborhood-serving retail uses or resident employment (Policy 1), commuter traffic or transit service (Policy 4), earthquake preparedness (Policy 6), landmarks and historic buildings (Policy 7), or parks and open space (Policy 8); and,
WHEREAS, The Mission District interim controls will expire on July 7, 2002; and,
WHEREAS, The Board of Supervisors is authorized by Planning Code Section 306.7 to extend the duration of the interim controls or an additional period of time not to exceed a total of 24 months, by a resolution adopted by majority vote; and,
WHEREAS, While there will no doubt be some hardship on property owners and developers who will now need to go through a public hearing process, based on the evidence presented this Board finds that the detriment to the public if the controls are not imposed clearly outweighs the hardship to property owners and developers; and,
WHEREAS, Rezoning studies are underway for the Mission and require another year for environmental review and adoption of revisions to the Planning Code and General Plan; now, therefore, be it
RESOLVED, That the interim controls set forth below are hereby imposed on all property within the defined sub-areas for the duration of the controls. No City agency, board, commission, officer, or employee may approve any demolition permit, site permit, building permit, grading permit, conditional use authorization, or any other land use entitlement inconsistent with the following controls for as long as they are in effect:
(a) The Mission District in the Area Bounded by Guerrero Street, Cesar Chavez Street, Potrero Avenue, and the Central Freeway.
(i) New tourist hotels require a conditional use authorization, unless such hotels contain 9 or more single room occupancy rooms or apartments for rent of which at least 40% will be rented at below market rates under Mayor's Office of Housing Guidelines, and contain at least 1000 gross square feet of Administrative Services Space devoted to a non-profit tenant at a below market rental rate.
(ii) Any demolition of a residential use requires a conditional use authorization, except to construct an "affordable housing project" as defined in Planning Code Section 313.1.
(iii) For any change of use in the Mission District as defined above, whether or not it is considered a change of use under the Building Code, a notice pursuant to Planning Code Section 312 is mandatory and, notwithstanding Planning Code Section 352(b), no fee shall be charged to the Discretionary Review requestor who files pursuant to this notice.
(iv) Except for residentially-zoned areas where a conditional use is not now required. All new market-rate housing projects or conversions of existing residential uses to market-rate housing shall require conditional use authorization, unless a new market rate housing project contains 10 or more group housing units, and contains 9 or more single room occupancy rooms or apartments of which at least 40% will be rented at below market rates under Mayor's Office of Housing Guidelines.
(v) To provide early notice of proposed projects and allow for community input in advance of the conditional use hearing, no later than 30 days after a conditional use application is deemed complete, the Planning Department shall mail to those persons who receive notice pursuant to § 306.3(a)(2) a notice describing the proposed project and that an application has been filed.
(vi) For every protect which requires providing notice and plans under either Planning Code § 311 or § 312, such notice and plans shall be mailed no later than 30 days prior to any scheduled hearing on that protect. Such notice and plans shall also be provided for any protect in the NEMIZ for which these controls require discretionary review.
(vii) The following shall be a principal permitted use:
(A) Projects where at least 25% of the units are affordable to persons earning 60% of the area mean income (AMI); for a continuous 50 year period, as provided in affordability restrictions set forth in a Notice of Special Restrictions or similar instrument to be recorded in the official records of the City and County of San Francisco, which provides in each case that the project is subject to the monitoring and enforcement provisions of Planning Code Sections 315.7 and 315.8;
(B) Senior housing projects in which all units are affordable to persons earning 60% of the AMI; for a continuous 50 year period, as provided in affordability restrictions set forth in a Notice of Special Restrictions or similar instrument to be recorded in the official records of the City and County of San Francisco, which provides in each case that the project is subject to the monitoring and enforcement provisions of Planning Code Sections 315.7 and 315.8;
(C) Limited equity cooperative projects; and
(D) Community land trust.
(viii) In areas zoned M-1 and M-2, any office use (which includes an "information technology" use) in excess of 1,500 gross square feet requires a conditional use authorization unless it is a "community service" use as defined in these controls.
(ix) In areas zoned C-1, C-2, C-3-O, C-3-R, C-3-G, C-3-S, and C-M, a utility installation as defined in Planning Code Section 209.6(b) shall require a conditional use authorization.
(x) Accessory parking shall be limited to three spaces where one space is required by the Planning Code and four spaces where two spaces are required by the Code. All other parking in excess of that required by the Code shall require a conditional use authorization.
(xi) Experimental laboratories, as defined in Planning Code Section 226(f), shall be permitted with a conditional use authorization only (a) after San Francisco has adopted citywide standards regulating wet labs and (b) at sites which are at least 500 feet from all zones in which housing is a permitted use.
(xii) Open automobile parking lot in excess of 5,000 square feet shall require a conditional use authorization. Lots expressly for parking trucks, buses, equipment or distribution vehicles are exempt from this provision.
(xiii) Adult entertainment, as defined in Planning Code Section 221(k), shall require a conditional use authorization.
(xiv) Check cashing facilities, as defined in California Civil Code Section 1789.31, shall require a conditional use authorization.
(xv) Merger of dwelling units shall require a conditional use authorization.
(b) Valencia Street Neighborhood Commercial District. The Zoning Control Table in Planning Code Section 726 is modified as follows:
(i) Section 726.21, Use Size [Non-residential], is modified to permit use sizes up to 2,000 square feet as a principal use and to require use sizes above 2,000 square feet to obtain a conditional use authorization.
(ii) Section 726.38, Residential Conversion, is modified to require a conditional use authorization for conversion of a residential use on all stories.
(iii) Section 726.39, Residential Demolition, is modified to require a conditional use authorization for demolition of a residential use on all stories.
(iv) Section 726.53, Business or Professional Service, is modified to permit as a principal use on the 1st story a "community service" use (as defined in these interim controls) of any square footage, to allow on the 1st story a business or professional service that is not a community service use of up to 2,000 square feet as a principal permitted use and of more than 2,000 square feet as a conditional use.
(v) Section 726.55, Tourist Hotel, is modified to require a conditional use authorization for a tourist hotel use on all stories.
(vi) An "information technology" use (as defined in these interim controls) requires a conditional use authorization on all stories.
(c) 24th Street– Mission Neighborhood Commercial District. The Zoning Control Table in Planning Code Section 727 is modified as follows:
(i) Section 727.38, Residential Conversion, is modified to require a conditional use authorization for conversion of a residential use on all stories.
(ii) Section 727.39, Residential Demolition, is modified to require a conditional use authorization for demolition of a residential use on all stories.
(iii) Section 727.53, Business or Professional Service, is modified to permit as a principal use on the 1st story a "community service" use (as defined in these interim controls) of any square footage, to allow on the 1st story a business or professional service that is not a community service use of up to 2,000 square feet as a principal permitted use and of more than 2,000 square feet as a conditional use.
(iv) An "information technology" use (as defined in these interim controls) requires a conditional use authorization on all stories.
(d) Mission Street from 15th Street to Cesar Chavez Street Zoned NC-3. The NC-3 Zoning Control Table in Planning Code Section 712 is modified as follows:
(i) Section 712.21, Use Size [Non-residential], is modified to permit use sizes up to 2,999 square feet as a principal use and to require use sizes above 2,999 square feet to obtain a conditional use authorization except buildings above 2,999 square feet that contain at least 1,000 gross square feet of Administrative Service Space rented to a non-profit organization at a below market rate, and contain 9 or more new SRO rooms or apartments and at least 10 units of group housing shall be permitted as a principal use.
(ii) Section 712.38, Residential Conversion, is modified to require a conditional use authorization for conversion of a residential use on all stories.
(iii) Section 712.39, Residential Demolition, is modified to require a conditional use authorization for demolition of a residential use on all stories
(iv) Section 712.70, Administrative Service, is modified to require a conditional use authorization for an administrative service use on all stories unless it is a "community service" use (as defined in these interim controls); provided, however, that if at least 1,000 gross square feet of the Administrative Service use is rented to a non-profit organization at a below market rate rent, such prohibition shall not apply. A community service use is permitted as a principal use on all stories.
(v) An "information technology" use (as defined in these interim controls) requires a conditional use authorization on the 1st and 2nd stories and is permitted as a principal use on the 3rd story and above.
(vi) All lots over 40,000 square feet require a conditional use authorization for all uses.
(e) Northeast Mission Industrial Zone (NEMIZ). In the area defined as the Northeast Mission Industrial Zone (NEMIZ) in Planning Commission Resolution 13794:
(i) Any office use (which includes an "information technology" use) in excess of 1,500 gross square feet requires a conditional use authorization unless it is a "community service: use (as defined in these interim controls);
(ii) All conversions of "live/work," as defined in Planning Code Section 233, to an office use require a conditional use authorization; and
(iii) Any retail sales or personal services use, as defined in Planning Code Section 218(b), which exceeds 10,000 square feet for a single user shall require a conditional use authorization.
(iv) In addition to compliance with the controls governing the NEMIZ, lots facing Mission Street between 14th and 15th Street shall also meet requirements governing NC-3 parcels in both the Planning Code and these interim controls.
(v) If there has been Production, Distribution and Repair (PDR) use on the site of a proposed project at any point since August 5, 1999 any demolition or change to non-PDR use shall require a conditional use authorization. To stabilize PDR uses in the NEMIZ, demolition of building with PDR use or change to a non-PDR use shall be disfavored if an existing PDR use will be dislocated, or if a PDR use was dislocated within the previous 24 months, or if there is a change to a non-PDR use, or if the demolition or change of use will eliminate significant adaptable, reusable space for another PDR use. The only exceptions shall be where the replacement use will include at least 25% affordable housing, as defined in Planning Code Section 803.5(f) or for community service use as defined herein.
FURTHER RESOLVED, That for the purposes of these interim controls, the Planning Commission as part of its decision on a conditional use application for any use subject to these controls, shall consider the following criteria in addition to the criteria set forth in Planning Code Section 303:
(a) Whether a restaurant or bar is open during the day and thereby helps generate a desirable level of pedestrian activity in the neighborhood commercial district;
(b) Whether transit use, pooled or shared vehicle use, including the provision of space therefor, are encouraged and whether parking in excess of that required is discouraged;
(c) With respect to applications for any retail sales or personal services use, for a sine user in excess of 10,000 square feet, these additional criteria shall apply:
(i) The impact of the employees on the demand in the City or housing, public transit, childcare, and other social services; to the extent relevant, the Commission shall also consider the seasonal and part-time nature of the facility,
(ii) The measures that will be taken by the project sponsor to employ residents of San Francisco in order to minimize increased demand for regional transportation,
(iii) Whether the project will meet the standards set out in the San Francisco Minimum Compensation Ordinance, and
(iv) The extent to which existing small businesses will be adversely affected by operations of the facility;
(d) Whether required parking is incorporated into the building and whether air rights over any parking are developed with another use or dedicated as usable open space;
(e) If demolition or change to non-PDR use is permitted, whether tenants have been provided with relocation benefits according to the standards of the Uniform Relocation Act or whether a similar amount of PDR is being provided elsewhere in the NEMIZ;
(f) The extent to which commercial uses serve the surrounding neighborhood;
(g) Whether floor-to-ceiling heights in residential projects are less than 11 feet and thereby protect the residential character of the area; and
(h) Whether a housing project helps meet the need for family housing by providing a minimum of 25% of non-senior housing in multiple bedroom units.
FURTHER RESOLVED, That for the purpose of these interim controls, the term "Community service" shall mean "a nonretail use which includes executive, technical, management, clerical, and administrative support for the provision of social, health, housing, employment, legal, cultural, or arts services to the general public, principally to persons of who earn 60% of the Area Mean Income (AMI), and an office used by a non-profit labor union organization; and be it
FURTHER RESOLVED, That for the purpose of these interim controls, the term "Information technology" shall mean "space within a structure intended or primarily suitable for occupancy by persons who perform for their own benefit or provide to others at that location multimedia, software development, web design, electronic commerce, research and technology and other computer-based technology, either to the general public or to the business community"; and be it
FURTHER RESOLVED, That for the purpose of these interim controls, "information technology" shall be considered an office use; and be it
FURTHER RESOLVED, That these controls shall remain in effect until July 7, 2003; and be it
FURTHER RESOLVED, That when permanent controls are enacted for the specific sub-areas set forth above, the interim controls shall no longer be in effect for that sub-area.
APPROVED AS TO FORM
DENNIS J. HERRERA City Attorney
By: ____ JUDITH A. BOYAJIAN Deputy City Attorney
July 15, 2002 Board of Supervisors – AMENDED July 15, 2002 Board of Supervisors – ADOPTED AS AMENDED
Ayes: 9 - Ammiano, Daly, Gonzalez, Leno, Maxwell, McGoldrick, Peskin, Sandoval, Yee Noes: 2- Hall, Newsom I hereby certify that the foregoing Resolution was ADOPTED AS AMENDED on July 15, 2002 by the Board of Supervisors of the City and County of San Francisco.
____ Gloria L. Young Clerk of the Board
Date: July 26, 2002
I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set forth in Section 3.103 of the Charter, became effective without his approval in accordance with the provision of said Section 3.103 of the Charter.
____ Clerk of the Board