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FILE NO. 161067 AMENDED IN BOARD 12/6/2016 ORDINANCE NO. 004-17 [Planning Code, Zoning Map - Mission and 9th Street Special Use District] Ordinance amending the San Francisco Planning Code to add Section 249.15 to create the Mission and 9th Street Special Use District in the area generally bounded by Mission Street on the south, Laskie Street on the east, Assessor's Block No. 3701, Lot Nos. 22, 23 and 24, on the west, and Assessor's Block No. 3701, Lot No. 66, to the north; amending the Zoning Map Sheet SU07 to create the Mission and Ninth Street Special Use District; amending Zoning Map Sheet HT07 to change the height limit on Assessor's Block No. 3701, Lot Nos. 20 and 21, from 120-X to 200-X; affirming the 1 O I 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. 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 }few 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 . (a) On August 24, 2016, the Planning Department's Environmental Review Officer finalized the Mitigated Negative Declaration ("MND") for the 1270 Mission Street Project, including a General Plan Amendment, and these Planning Code and Zoning Map Amendments, and determined that the MND was adequate, accurate and complete and reflected the independent judgment of the Planning Department. A copy of the MND and this Supervisors Kim; Peskin BOARD OF SUPERVISORS Page 1 I !Determination is on file with the Clerk of the Board of Supervisors in File No. 161067 and is lincorporaled herein by reference. Al the saffie hearing, IIhe Planning Commission adopted the MND and a Mitigation Monitoring and Reporting Program in its Motion No. 19768 on October 27, 2016. In accordance with the actions contemplated herein, this Board has !reviewed the MND and the record as a whole, and adopts and incorporates by reference, as I !though fully set forth herein, the findings, including the Mitigation Monitoring and Reporting I I Program, pursuant to the California Environmental Quality Act (California Public Resources I 1Code Section 21000 et seq.), adopted by the Planning Commission on October 27, 2016, in Motion No. 19768. A copy of said Motion No. 19768 is on file with the Clerk of the Board of 1 O 1 Supervisors in File No. 161067 and is incorporated herein by reference. The Planning Department, Jonas lonin, is the custodian of records, located in File No.2014.0926ENV, at 1650 Mission Street, Fourth Floor, San Francisco, California. (b) On October 27, 2016, the Planning Commission, in Resolution No. 19767, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 161067, 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. 19767 and the Board incorporates such reasons herein by reference, as though fully set forth herein. A copy of Planning Commission Resolution No. 19767 is on file with the Clerk of the Board of Supervisors in File No. 161067. Section 2. The Planning Code is hereby amended by adding Section 249.15 to read as follows: Supervisors Kim; Peskin BOARD OF SUPERVISORS Page 2 Sec. 249.15 Mission and 9th Street Special Use District (a) In order to provide for a mixed use development project on the Mission Street transit corridor with ground floor retail, and an increased amount and unique combination of very-low, low, moderate, and market rate rental housing than what would otherwise be allowed in a C-3-G zoning district with a 120-X height limit, there shall be a Mission and 9th Street Special Use District at 1270 Mission Street located at Lots 20 and 21 o[Assessor's Block 3701, as designated on Sectional Map SU07 o[the Zoning Map. The exceptions to the av..plicable open space and floor area ratio I requirements set forth below, the rezoning ofthe applicable height district set forth in this ordinance !number , and the resulting increased number of Dwelling Units allowed by the SUD, shall be considered forms of assistance specified in Chapter 4. 3 o[the California Government Code. (Q) Controls. All provisions o[the Planning Code applicable to a C-3-G District shall aP, ply except as otherwise provided in this Section. (I) Inclusionary Housing Requirements For Buildings Taller than 120 Feet. In order to allow (or the increased amount of Dwelling Units and other exceptions to the Code provided by this Special Use District, on-site inclusionary Dwelling Units pursuant to Planning Code Section 415. 6 shall be required. Notwithstanding the provisions o[Section 415. 6(a){J) and (2), the number o f inclusionary Dwelling Units constructed shall be 21.5%_25% of all units constructed, with a minimu m ofl3.5% a-ffprdable to households whose total household income does not exceed 55% o[Area Medi an Income (or purposes of renting an affordable unit; a-00 4% of the units affordable to low income households, defined in this subsection as households whose total household income does not exceed 70% of Area Median Income (or purposes of renting an affordable unit; afl€I. 4% oft he units affordab le to households earning 90% of Area Median Income for purposes of renting an affordable unit; and 3.5% of the units affordable to households earning 150% of Area Median Income for purpos es of renting an affordable unit. ![provided as rental units, the requirements o[Section 415.5(g)(ii) sh all , aT2J2.ly. Except as expressly provided in this subsection, all other provisions o[_Section 415 shall apply. I I I I Supervisors Kim; Peskin BOARD OF SUPERVISORS Pag e3 (2) Inclusionary Housing Requirements For Buildings Less Than or Equal to 120 Feet. Section 415 shall apply in its entirety. {3) Open Space for Dwelling Units. Up to 40 percent of the usable open space required by Section 135 may be provided off-site, but shall be located within the SUD or within 900 feet o[the boundaries ofthe SUD. Open space must be of one or more ofthe following types: (A) An unenclosed plaza at street grade, with seating areas and landscaping; (B) A terrace or roofgarden with landscaping,· (C) Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width. such as sidewalk widening or building setbacks; or {D) Streetscape improvements with landscaping and pedestrian amenities on allevwavs ftom building face to building face, beyond basic street tree planting or street lighting as otherwise required by this or other Municipal Codes. (4) Floor Area Ratio. For projects that meet subsection (b)(l ), the floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Residential Uses as I defined in Section 102. For oil other projects, O[!J!licob/e floor orea rolio limits sholl applv. Section 3. The Planning Code is hereby amended by revising Sheet SU07 of the Zoning Map as follows: Description of Property Use District to be Use District Hereby Approved Superseded Assessor's Block 3701, Lots 20 C-3-G Mission and 9th Street SUD and 21 Supervisors Kim; Peskin BOARD OF SUPERVISORS Page4 Section 4. The Planning Code is hereby amended by revising Sheet HT07 of the Zoning Map as follows: Description of Property Assessor's Block 3701, Lots 20 and 21 Height/Bulk District Height/Bulk District Hereby to be Superseded Approved 120-X . 200-X Section 5. Effective 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 upon its effective date or upon the effective date of the related General Plan Amendment contained in Board of Supervisors File No. 161184, whichever occurs later. If the effective date of the related General Plan Amendment does not occur within 90 days of the effective date of this ordinance, this ordinance shall expire by operation of law. Section 6. Sunset Provision. This ordinance shall expire by operation of law five years after its initial effective date unless the project described in Section 2 has received a first 1 construction document on or before that date, or the Board of Supervisors, on or before that I II II II II II I Supervisors Kim; Peskin r I BOARD OF SUPERVISORS Page 5 date, extends or re-enacts it. Upon expiration of this ordinance, the City Attorney shall cause the ordinance to be removed from the Planning Code. APPROVED AS TO FORM: DENNIS J. 1-tiERRERA, City Attorney I (\ By: n:\legana\as2016\1600870\01155799.docx I Supervisor Kim BOARD OF SUPERVISORS Page6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 161067 Date Passed: January 10, 2017 Ordinance amending the Planning Code to add Section 249.15 to create the Mission and 9th Street Special Use District in the area generally bounded by Mission Street on the south, Laskie Street on the east, Assessor's Parcel Block No. 3701, Lot Nos. 22, 23, and 24 on the west, and Assessor's Parcel Block No. 3701, Lot No. 66 to the north; amending the Zoning Map Sheet SU07 to create the Mission and 9th Street Special Use District; amending Zoning Map Sheet HT07 to change the height limit on Assessor's Parcel Block No. 3701, Lot Nos. 20 and 21, from 120-X to 200-X; 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. November 14, 2016 Land Use and Transportation Committee - CONTINUED November 28, 2016 Land Use and Transportation Committee - AMENDED November 28, 2016 Land Use and Transportation Committee - RECOMMENDED AS AMENDED December 06, 2016 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang and Yee December 06, 2016 Board of Supervisors - RE-REFERRED AS AMENDED Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang and Yee December 12, 2016 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT December 13, 2016 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 -Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang and Yee Vacant: 1 - District 8 January 10, 2017 Board of Supervisors - Fl NALLY PASSED City mu/ County of San Francisco Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee and Sheehy Page4 Printed at 11: 57 am 011 1111117 File No. 161067 City and County of San Francisco Page5 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 1/10/2017 by the Board of Supervisors of the City and County of San Francisco. J \ \ \ Date Approved Printed at 11 :57 am on 1111117