o0058-18

AMENDED IN COMMITTEE FILE NO. 180114 3/19/2018 ORDINANCE NO. 58-18 [Planning Code, Zoning Map - San Francisco Conservatory of Music Project - 200-214 Van Ness Avenue] Ordinance amending the Planning Code to authorize a height limit exception for the San Francisco Conservatory of Music Project at 200-214 Van Ness Avenue for an additional building envelope that will be used to enclose or screen specified features from view, allow increased roof height for performance and common space, and provide additional visual interest to the roof of the structure; amending the Zoning Map to change the height designation of Assessor's Parcel Block No. 811, Lot Nos. 1 O and 12, from 96-X to 120-X; affirming the Planning Commission's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times ]Yew Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. (a) At its hearing on February 8, 2018, and prior to its action recommending to the Board of Supervisors the proposed Planning Code and Zoning Map amendments set forth in this ordinance, the Planning Commission (by Motion No. 201 O?Resolution No. 20105) approved a Mitigated Negative Declaration ("MND") for the San Francisco Conservatory of Supervisor Kim BOARD OF SUPERVISORS Page 1 Music project at 200-214 Van Ness Avenue ("Project") pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.), the CEQA Guidelines (14 California Code of Regulations, Sections 15000 et seq.), and Chapter 31 of the Administrative Code. A copy of Planning Commission Motion No. 20107Resolution No. 20105 is on file with the Clerk of the Board of Supervisors in File No. 180151 and is incorporated herein by reference. The Board of Supervisors has reviewed the MND in connection with the actions contemplated herein and concurs with its conclusions, affirms the Planning Commission's approval of the MND, and finds that the actions contemplated in this ordinance are within the scope of the Project described and analyzed in the MND. (b) On February 8, 2018, in Resolution No. 20105, the Planning Commission found that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan, as it is proposed to be amended, and with the 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. 180114, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons stated in Planning Commission Resolution No. 20105. Section 2. The Planning Code is hereby amended by revising Section 260, to read as follows: SEC. 260. HEIGHT LIMITS: MEASUREMENT. * * * * Supervisor Kim BOARD OF SUPERVISORS Page (b) Exemptions. In addition to other height exceptions permitted by this Code, the features listed in this subsection (b) shall be exempt from the height limits established by this Code, in an amount up to but not exceeding that which is specified. ( 1 ) The following features shall be exempt,:- provided the limitations indicated for each are observed; and provided further that the sum of the horizontal areas of all features listed in this subsection (b )(1) shall not exceed 20% percent of the horizontal area of the roof above which they are situated, or, in C-3 Districts, and in the Rincon Hill Downtown Residential District, where the top of the building has been separated into a number of stepped elements to reduce the bulk of the upper tower, of the total of all roof areas of the upper towers; and provided further that in any R, RC-3, or RC-4 District the sum of the horizontal areas of all such features located within the first 10 feet of depth of the building, as measured from the front wall of the building, shall not exceed 20% percent of the horizontal area of the roof in such first 10 feet of depth. As an alternative, the sum of the horizontal areas of all features listed in this subsection (b )(1) may be equal to but not exceed 20% percent of the horizontal area permitted for buildings and structures under any bulk limitations in Section 270 of this Code applicable to the subject property. Any such sum of 20% percent heretofore described may be increased to 30% percent by unroofed screening designed either to obscure the features listed under (A) and (B) below or to provide a more balanced and graceful silhouette for the top of the building or structure. (A) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels or devices for the collection of solar or wind energyL...and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top 10 feet of such features where the height Supervisor Kim BOARD OF SUPERVISORS Page 3 limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet. (B) Elevator, stair and mechanical penthouses, fire towers, skylights, and dormer windows. This exemption shall be limited to the top 10 feet of such features where the height limit is 65 feet or less, and the top 16 feet of such features where the height limit is more than 65 feet. However, for elevator penthouses, the exemption shall be limited to the top 16 feet and limited to the footprint of the elevator shaft, regardless of the height limit of the building. The design of all elevator penthouses in Residential Districts shall be consistent with the "Residential Design Guidelines" as adopted and periodically amended for specific areas o conditions by the City Planning Commission. The Zoning Administrator may, after conducting a public hearing, grant a further height exemption for an elevator penthouse for a building with a height limit of more than 65 feet but only to the extent that the Zoning Administrator determines that such an exemption is required to meet state or federal laws or regulations. All requests for height exemptions for elevator penthouses located in Residential or Neighborhood Commercial Districts shall be subject to the neighborhood notification requirements of Sections 311 and 312 of this Code. * * * * (L) {Reserved.} In the C-3-G District, on sites fronting on Van Ness Avenue in the 120-X height district, additional building volume used to enclose or screen from view the features listed under subsections (b)(l )(A) and (b)(l )(B) above. to allow increased roof height for performance and common space. and to provide additional visual interest to the roof of the structure. The rooftop form created by the added volume shall not be subiect to the percentage coverage limitations otherwise applicable to this subsection (b)(l )(L). but shall meet the requirements o(Section 141 and shall not exceed 16 feet in height, measured as provided in subsection (a) above. Buildings that are eligible for Supervisor Kim BOARD OF SUPERVISORS Page4 this exemption are also eligible for exceptions to any quantitative standards set forth in Article 1.2 of this Code through Section 309 of this Code. Section 3. The Zoning Map is hereby amended by revising Sectional Map HT-2 as follows: Description of Property Assessor's Block 811 , Lots10and12 Height District to be Superseded 96-X Section 4. Effective and Operative Dates. Height District hereby Approved 120-X (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 on, and no rights or duties effected until, the later of (1) its effective date or (2) the date that the ordinance approving the Development Agreement for the Project and the ordinance approving amendments to the General Plan for the Project have both become effective. Copies of said ordinances are on file with the Clerk of the Board of Supervisors in File No. 180115 and 180121. 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 Kim BOARD OF SUPERVISORS Page 5 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 HERRERA, City Attorney By: n:\legana\as2018\1800333\01248843.docx Supervisor Kim BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180114 Date Passed: April 10, 2018 Ordinance amending the Planning Code to authorize a height limit exception for the San Francisco Conservatory of Music Project at 200-214 Van Ness Avenue for an additional building envelope that will be used to enclose or screen specified features from view, allow increased roof height for performance and common space, and provide additional visual interest to the roof of the structure; amending the Zoning Map to change the height designation of Assessor's Parcel Block No. 811, Lot Nos. 10 and 12, from 96-X to 120-X; affirming the Planning Commission's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. March 19, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE March 19, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED April 03, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee April 10, 2018 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang and Yee Page 11 Printed at 1:50 pm 0114/11/18 File No. 180114 Mark E. Farrell Mayor City and County of San Francisco Page 12 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/10/2018 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board , Date Approved Printed at 1:50 pm on 4/11/18