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70-20 FILE NO. 191002 ORDINANCE NO. [Planning Code - Geary-Masonic Special Use District] Ordinance amending the Planning Code to modify the Geary-Masonic Special Use District regarding minimum parking requirements, ground floor ceiling heights, and to allow payment of an inclusionary housing fee; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, 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 I'lew 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) 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. 191002 and is incorporated herein by reference. The Board affirms this determination. (b) On January 23, 2020, the Planning Commission, in Resolution No. 20626, 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 Supervisors Stefani; Yee BOARD OF SUPERVISORS Page 1 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. 191002, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20626, and the Board incorporates such reasons herein by reference. A copy of Planning Commission Resolution No. 20626 is on file with the Clerk of the Board of Supervisors in File No. 191022. Section 2. The Planning Code is hereby amended by revising Section 249.20, to read as follows: Sec. 249.20 GEARY-MASONIC SPECIAL USE DISTRICT (a) General. A Special Use District entitled the Geary-Masonic Special Use District ("District"), the boundaries of which are shown on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set out below. (b) Purpose. In order to provide for a mixed use development project with ground floor retail, and a combination of very low income, low-income, moderate-income, middle-income, and market rate residential units, at densities higher than what otherwise would be permitted in the NC-3 zoning district and 80 foot height district, in an area well-served by transit, there shall be a Geary-Masonic Special Use District consisting of Assessor's Block 1071, Lot 003 as designated on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco. (c) Development Controls. Applicable provisions of the Planning Code for NCT -3 Districts as set forth in Section 752 shall apply within this Special Use District, except for the following: Supervisors Stefani; Yee BOARD OF SUPERVISORS Page 2 (1) Use Size. Non-residential uses 3000 square feet and above shall require a conditional use under Section 121.2. Uses more than 6000 square feet in size are not permitted. (2) Accessory Vehicle Parking. No minimum off-street parking shall be required for any use in this Special Use District. No parking shall be permitted above .5 cars for each Dwelling Unit. (3) Car-sharing. Notwithstanding the provisions of section 166, no less than 25% of parking spaces provided shall be an off-street car-share parking space and shall be provided on the building site. Except as expressly provided herein, all other provisions of 1 0 section 166 shall apply. (4) Parking and Loading Access. Parking and Loading access from Masonic Avenue is not permitted. (5) Dwelling Unit Mix. The project shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom .units, including at least 10% three bedroom units; or (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the project are provided in units with more than one bedroom. (6) Ground Floor Non-Residential Height. Notwithstanding Section 145.1 (c)(4 ), non- residential uses on the ground floor shall have a minimum floor-to-floor height o[12 feet, measured from the ground floor slab. (d) lnclusionary Housing. In order to altowjor the increased residential densitiesprovided by this Special Use District, on site inclusionary units pursuant to P Ianning Code Section 415. 6 shalt be required and required in the follo·wtng amounts and income le-vels. Compliance with Section 415 et seq. shall be by payment ofthe a(fprdable housing fee, or provision o(on-site units. as follows: (1) Atfordable Housing Fee. Payment o[the A(fprdable Housing Fee pursuant to Section 415.5 and subject to the following provisions: Supervisors Stefani; Yee BOARD OF SUPERVISORS Page 3 (A) For a project providing Owned Units, the applicable percentage shall be 33% ofthe Gross Floor Area o[residential use. (B) For a project providing Rental Units, the applicable percentage shall be 30% o[the Gross Floor Area o[residential use. (2) On-Site Inclusionary Units. On-site Units pursuant to Section 415.6 in the following amounts and income levels: fJ-}{!11 In a rental project, at least 10% of units must be affordable to very low-income households, at least 4% must be affordable to low-income households, at least 4% must be affordable to moderate-income households and at least 5% must be affordable to middle-income households. For purposes of this section, rental units for very low-income households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for very low-income units. For purposes of this section, rental units for low-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning up from 65% to 90% of Area Median Income eligible to apply for low-income units. For purposes of this section, rental units for moderate-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 120% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, rental units for middle-income households shall have an affordable rent set at 120% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for middle-income units. For any affordable units with rental rates set at 110% of Area Median Income or above, the units shall have a minimum occupancy of two persons. fJ}@l In an ownership project, at least 11% of units must be affordable to very low-income households, at least 5% must be affordable to low-income households, at least 5% must be affordable to· moderate income households and at least 5% must be Supervisors Stefani; Yee BOARD OF SUPERVISORS Page 4 affordable to middle-income households. For purposes of this section, ownership units for very low-income households shall have an affordable sales price set at 80% of Area Median Income or less, with households earning up to 1 00% of Area Median Income eligible to apply for very low-income units. For purposes of this section, ownership units for low-income households shall have an affordable sales price set at 105% of Area Median Income or less, with households earning up from 95% to 120% of Area Median Income eligible to apply for low-income units. For purposes of this section, ownership units for moderate-income households shall have an affordable sales price set at 130% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, ownership units for middle-income households shall have an affordable sales price set at 150% of Area Median Income or less, with households earning from 140% to 160% of Area Median Income eligible to apply for middle-income units. For any affordable units with sales prices set at 130% of Area Median Income or above, the units shall have a minimum occupancy of two persons. (3) The grandfathering provisions in Section 415.3(b) shall not apply. Except as expressly provided in this subsection (d), all other provisions of Section 415 shall apply. Section 3. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 4. 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 Supervisors Stefani; Yee BOARD OF SUPERVISORS Page 5 Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: Audrey Williams Pearson Deputy City Attorney n:\legana\as2019\2000039\01396521.docx Supervisor Stefani BOARD OF SUPERVISORS Page 6 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 102-4689 File Number: 191002 Date Passed: April21, 2020 Ordinance amending the Planning Code to modify the Geary-Masonic Special Use District regarding minimum parking requirements, ground floor ceiling heights, and to allow payment of an inclusionary housing fee; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101 .1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. April13, 2020 Land Use and Transportation Committee- NOT AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE April 13, 2020 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS COMMITTEE REPORT April14, 2020 Board of Supervisors- NOT CONTINUED Ayes: 4- Haney, Preston, Ronen and Walton Noes: 7 - Fewer, Mandelman, Mar, Peskin, Safai, Stefani and Yee April14, 2020 Board of Supervisors- PASSED ON FIRST READING Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee · Noes: 1 -Preston April 21, 2020 Board of Supervisors-FINALLY PASSED City and County of San Francisco Ayes: 10- Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Noes: 1 - Preston Page l Printed at 8:49 am on 4/22/20 File No. 191002 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on . 4/21/2020 by the Board of Supervisors of the City and County of San Francisco. ' ~ -:$J CA~ ~ Angela Calvillo Clerk of the Board ~- l· ~D Date Approved Printed at 8:49 am on 4/22/20