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FILE NO. 190681 ORDINANCE NO. 001-20 [Planning Code, Zoning Map - Flower Mart - 2000 Marin Street Special Use District] Ordinance amending the Planning Code and Zoning Map to establish the 2000 Marin Street Special Use District (Assessor's Parcel Block No. 4346, Lot No. 003), and to create additional Key Site exceptions for the Flower Mart site, located on the southern half of the block north of Brannan Street between 5th Street and 6th Street (Assessor's Parcel Block No. 3778, Lot Nos. 001B, 002B, 004, 005, 047, and 048); affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority 1 O policies of Planning Code, Section 101.1. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks(* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. CEQA and General Plan 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. 190681 and is incorporated herein by reference. The Board affirms this determination. (b) On July 18, 2019, the Planning Commission, in Resolution No. 20483, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the Supervisor Haney BOARD OF SUPERVISORS Page 1 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. 190681, and is incorporated herein by reference. Section 2. Articles 2 and 3 of the Planning Code are hereby amended by adding Section 249.86 and revising Section 329, to read as follows: SEC. 249.86. 2000 MARIN STREET SPECIAL USE DISTRICT. (a) A Special Use District entitled the 2000 Marin Street Special Use District ("2000 Marin SUD"), consisting of Assessor's Parcel Block 4346, Lot 003 and shown on Special Use District Map 1 o SU08 of the Zoning Map oft he City and County of San Francisco, is hereby established for the purpose set forth in subsection (Q). (Q) Purpose. The purpose of the 2000 Marin SUD is to provide a feasible temporary location for the San Francisco Wholesale Flower Market due to the development of the existing Flower Mart site, located on the southern half oft he block north of Brannan Street between 5th Street and 6th Street (Assessor's Parcel Block 3778, Lots OOlB, 002B, 004, 005, 047, and 048). (c) Controls. In the 2000 Marin SUD, exceptions from otherwise applicable requirements of this Code are appropriate to fitrther the purpose set forth in subsection (Q). Except as otherwise provided in this Section 249. 86, applicable provisions of the Planning Code shall apply to the 2000 Marin SUD. In the event ofa conflict between other provisions o[the Planning Code and this Section 249.86, this Section 249.86 shall control. (1) Demolition of Industrial Buildings in PDR Districts,· Replacement Requirement. The replacement requirement ofSection 202. 7 shall not apply in the 2000 Marin SUD. (2) Streetscape and Pedestrian Improvements. The streetscape and pedestrian improvement requirements set forth in Section 138.1 shall not apply in the 2000 Marin SUD. Supervisor Haney BOARD OF SUPERVISORS Page 2 (3) Screening, Interior Landscaping, and Street Trees. The screening, interior landscaping, and street tree requirements set forth in Sections 142, 156(c), and l 56{g) shall not apply in the 2000 Marin SUD. (4) Ground Floor Height. The ground floor height requirements set forth in Sections 145. 5 and 210. 3 shall not apply in the 2000 Marin SUD. (5) Better Roofs. The better roof requirements set forth in Section 149 shall not apply in the 2000 Marin SUD. (6) Off-Street Parking. The maximum off-street parking limits set forth in Section 151 g shall not apply in the 2000 Marin SUD. 1 O (7) Bicycle Parking. The bicycle parking requirements set forth in Section 155.2 shall not apply in the 2000 Marin SUD. (8) Shower Facilities and Lockers. The requirements (or shower facilities and lockers set (orth in Section 15 5. 4 shall not apply in the 2 000 Marin SUD. (9) Car Sharing. The car sharing requirements set (orth in Section 166 shall not apply in the 2000 Marin SUD. (10) Transportation Demand Management Program. The Transportation Demand Management Program requirements set (orth in Sections 169-169. 6 shall not apply in the 2000 Marin SUD. (11) Development Impact Fees. The development impact fees required by Article 4 of the Planning Code shall not apply in the 2000 Marin SUD. (d) Sunset. Unless readopted, this Section 249. 86 shall sunset six years after its effective date. SEC. 329. LARGE PROJECT AUTHORIZATION IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. * * * * Supervisor Haney BOARD OF SUPERVISORS Page (e) Exceptions for Key Sites in Central SoMa. (1) Purpose. The Central SoMa Plan Area contains a number of large, underutilized development sites. By providing greater flexibility in the development of these sites, the City has an opportunity to achieve key objectives of the Central SoMa Plan and to locate important public assets that would otherwise be difficult to locate in a highly developed neighborhood like SoMa. (2) Applicability. The controls discussed below apply to the following lots, as identified in the Key Site Guidelines adopted by the Central SoMa Area Plan (Ordinance No. 296-18, on file with the Clerk of the Board of Supervisors in File No. 180184): * * * * (F) The southern half of the block north of Brannan Street between 5th Street and 6th Street, consisting of Block 3778, Lots 001 B, 002B, 004, 005, 047, and 048; * * * * (3) Controls. Pursuant to this Section 329(e) and the Key Site Guidelines adopted as part of the Central SoMa Area Plan, the Planning Commission may grant exceptions to the provisions of this Code as set forth in subsection (d) above and may also grant the exceptions listed below for projects that provide qualified amenities in excess of what is required by the Code. * * * * (B) Exceptions. Upon consideration of qualified amenities in excess of what is required by the Code, the Planning Commission may grant one or more exceptions to the following requirements: the streetwall and setback controls in Section 132.4; the building separation controls in Section 132.4, including but not limited to the controls in subsection 132.4(d)(3)(B); the setback requirements in Section 261.1; bulk controls in Section 270(h); and the lot merger restrictions in Section 249.78(d)(7). Supervisor Haney BOARD OF SUPERVISORS Page 4 In addition to these exceptions, the Planning Commission may grant one or more of the following exceptions: * * * * (vii) On the Key Site identified in Section 329(e)(2)(F), the Planning Commission may grant one or more of the following exceptions, ifan agreement to such an exception is contained in any development agreement approved by the City pursuant to California Government Code Section 65864 et seq., andsu&ject to any requirements contained in said development agreement: a. Exception to the off-street parking controls of Section 151. 1 to allow additional accessory PDR parking solely to serve the tenants and customers of the site. b. Exception to the requirement that POPOS be open to the sky in Section 138(d)(2)(E)(i), to allow a cumulative maximum of 20% of the POPOS to be covered by any combination of (a) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 20' and maximum depth from face of overhead building of 15', or (b) an inhabitable portion of a building, which portion of the POPOS shall have a minimum clearance height of 50' and minimum horizontal dimension in all directions of 20'. c. Exception to the transparency and fenestration requirements of Section 249.78(c)(1)(F) on 5th Street between Brannan and Bryant Streets,_ and along Morris Street. d. Exception to the protected street frontage requirements of Section 155(r) on 5th Street between Brannan and Bryant Streets. Supervisor Haney BOARD OF SUPERVISORS Page e. Exception to the FDR floor-to-floor height requirements set forth in Section 249. 78(d){J 0), such that up to a maximum ofl 0% of the ground floor gross floor area may have less than a 17-foot floor-to-floor height. f Exceptions to the overhead horizontal projection requirements set forth in Section 136(c){5) and to the design and performance standards related to required mid- block alleys set forth in Section 270.2(e)(6); to allow for a maximum ofthree pedestrian bridges over a required mid-block alley, provided that the pedestrian bridges leave at least 70 feet of headroom, are no greater than 12 feet in width, are single story, and are situated no less than 5 0 feet apart. g Notwithstanding subsection (vii){b), pedestrian bridges provided pursuant to this subsection (vii)(j) 1 o shall be deemed obstructions permitted pursuant to Section 136, and POPOS area situated under any such pedestrian bridges shall count toward the total on-site POPOS area open to the sky. g. Exception to the POPOS requirements set forth in Section 138, such that if any required off-site POP OS cannot reasonably be developed and open for use prior to issuance ofa first certificate of occupancy [or the phase of construction that triggers the off-site POP OS requirement, the project sponsor may either (1) post a performance bond in form and content acceptable to the Director of Planning so as to ensure completion of the off-site POP OS at a later date,' or (2) satisfj; the requirement [or off-site POPOS by paying the in-lieu fee established in Section 426 for each square foot ofrequired open space not provided on- or off-site, up to a maximum of5,300 square feet. h. Exception to the parking pricing requirements set forth in Section 155 (g), such that the otherwise applicable parking rate structure shall not apply to Flower Mart tenants or Flower Mart customers. i. Exception to the requirement to provide three square feet of Gross Floor Area for Residential Use [or every square foot of Non-Residential Use on the portion of this Key Site zoned MUR, set forth in Sections 803.9(a) and 841, ifthere is a dedication and acceptance Supervisor Haney BOARD OF SUPERVISORS Page 6 ofland for a{f!]rdable housing or other appropriate public use, as determined by the City. Notwithstanding Section 413. 7, the land so dedicated shall be: 1. at least 14, 000 square feet, 2. zoned to allow Residential Use, 3. approved by the Mayor's Office of Housing and Community Development as an acceptable site for the development of affordable housing, 4. dedicated and accepted prior to issuance ofthe first Temporary Certificate of Occupancy for any building on the Key Site, and g 5. located within the boundaries of either the Central 1 o SoMa, Eastern SoMa, or Western SoMa Area Plans. j. Exception to the child-care facility requirements set forth in Section 249. 78(e)(4) and Sections 414-414.15, i(the project at the Key Site allows for at least 97, 000 square feet of Wholesale Sales Use, and the project sponsor pays the in-lieu fee set forth in Section 414.8. k. ![the Board ofSupervisors has approved a development agreement for the project at this Key Site that provides for the relocation ol or fimding for the relocation ol the existing on-site P DR use, the Planning Commission may grant the following exceptions: 1. Exception to the P DR and Community Building Space requirements in Section 249. 78(c){5),' provided that the project shall be required to dedicate at least 23, 000 square feet of on-site Community Building Space or P DR. 2. Exception to the P DR replacement requirements set .forth in Section 202. 8. Supervisor Haney BOARD OF SUPERVISORS Page 7 3. Exception to the maximum dimensions for lobby frontages set forth in Section 145.1 (k) (2) (C). such that lobbies exceeding such dimensions qualifj; as active uses under Section 145.1 and Section 249. 78(c)(I )(A). * * * * Section 3. The Zoning Map of the Planning Code is hereby amended by revising Special Use Map SU08 to establish the new 2000 Marin Special Use District, as follows: Description of Property Special Use District Hereby Established Assessor's Block 4346, Lot 003 2000 Marin Special Use District Section 4. Effective Date and Operative Date. (a) This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (b) This Ordinance shall become operative only on (and no rights or duties are affected until) the later of (1) this ordinance's effective date, or (2) the date that Ordinance _0_0_2_-_20 __ , approving the Development Agreement for the Flower Mart Project (File No. 190682), becomes effective. Section 5. 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 Supervisor Haney BOARD OF SUPERVISORS Page 8 additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. H,,_ERA, City Attorney By: -~_A~---~ ANDREW SHEN Deputy City Attorney n:\legana\as2019\1900630\01367755.docx Supervisor Haney BOARD OF SUPERVISORS Page9 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190681 Date Passed: January 07, 2020 Ordinance amending the Planning Code and Zoning Map to establish the 2000 Marin Street Special Use District (Assessor's Parcel Block No. 4346, Lot No. 003), and to create additional Key Site exceptions for the Flower Mart site, located on the southern half of the block north of Brannan Street between 5th Street and 6th Street (Assessor's Parcel Block No. 3778, Lot Nos. 001 B, 002B, 004, 005, 047, and 048); affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. December 09, 2019 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION December 17, 2019 Board of Supervisors - PASSED ON F!RST REA.DING Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Safai, Stefani, Walton and Yee Excused: 1 - Ronen January 07, 2020 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton and Yee File No. 190681 London N. Breed Mayor City and County of San Francisco Page 1 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/7/2020 by the Board of Supervisors of the City and County of San Francisco. Printed at 9:22 am 011118120