o0083-17

FILE NO. 170003 ORDINANCE NO. 83-17 [Planning Code, Zoning Map - Upper Market Street Districts] Ordinance amending the Planning Code to revise Sectional Map ZN07 of the Zoning Map to delete the Upper Market Street Neighborhood Commercial (NC) District and reclassify Assessor's Parcel Block No. 2623, Lot No. 006, at 376 Castro Street and Assessor's Parcel Block No. 2623, Lot No. 091, at 2416-2420 Market Street, from the Upper Market NC District to the Upper Market Street Neighborhood Commercial Transit (NCT) District; revising several sections of Article 4 to include the entirety of the Upper g Market Street NCT District, including portions outside of the Market and Octavia Plan 1 O Area; 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 Nev,; 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. Findings. (a) The Planning Department has determined that the proposed amendments are not defined as a project under the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and CEQA Guidelines Section 15060(c)(2) and 15378 because they do not result in a physical change to the environment. The Board affirms this determination. Supervisor Sheehy BOARD OF SUPERVISORS Page 1 (b) On September 29, 2016, the Planning Commission, in Resolution No. 19749, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and 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. 170003, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Commission Resolution No. 19749 and the Board incorporates such reasons herein by reference. Section 2. Planning Code is hereby amended by revising Sections 401, 416.3, 416.5, [421.3, and 421.5, to read as follows: SEC. 401. DEFINITIONS. In addition to the specific definitions set forth elsewhere in this Article, the following definitions shall govern interpretation of this Article: * * * * "Market and Octavia Program Area." The Market and Octavia Plan Area in Map 1 (Land Use Plan) of the Market and Octavia Area Plan of the San Francisco General Plan, which includes those districts zoned RTO, NCT, or any neighborhood specific NCT, a few !parcels zoned RH-1 or RH-2, and those parcels within the Van Ness and Market Downtown I [Residential Special Use District (VMDRSUD). The Program Area~ also include& th§. entirety of the Upper Market NC.I District, which inchtdespe:rcels one block ·,11est of the plan e:ree: the:tfront },{arkct Street including any portions of such District that fall outside o(the Market and I Octavia Plan Area. * * * * Supervisor Sheehy BOARD OF SUPERVISORS Page2 ~EC. 416.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT. I The requirements of Sections 415.1 through 415.9 shall apply in the Market and ~ctavia Plan Area and the entirety of the Upper Market NCI District in addition to the following idditional affordable housing requirement: ! * * * * SEC. 416.5. USE OF FUNDS. The additional affordable housing requirement specified in this Section for the Market [and Octavia Plan Area and the Upper Market NCI District shall be paid into the Citywide !Affordable Housing Fund, established in Administrative Code Section 10.100-49, but the I !funds shall be separately accounted for. MOHCD shall expend the funds according to the following priorities: First, to increase the supply of housing affordable to qualifying households in the Market and Octavia Plan Area and the Upper Market NCI District; second, to increase the supply of housing affordable to qualifying households within 1 mile of the boundaries of the Plan Area and the Upper Market NCI District; third, to increase the supply of housing affordable to qualifying households in the City and County of San Francisco. The funds may also be used for monitoring and administrative expenses subject to the process described in Section 415.5(f) SEC. 421.3. APPLICATION OF COMMUNITY IMPROVEMENTS IMPACT FEE. I (a) Application. Section 421.1 et seq. sha II apply to any development project !located in the Market and Octavia Program Area, as defined in Section 401. I * * * * ISEC. 421.5. MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND. (a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the Market and Octavia Community Improvements Fund ("Fund"). All monies collected by DBI pursuant to Section 421.3(b) shall be deposited in the Fund maintained by I !supervisor Sheehy isoARD OF SUPERVISORS I Page 3 lhe Controller. The receipts in the Fund shall be appropriated in accordance with law through the normal budgetary process to fund public infrastructure and other allowable improvements I ubject to the conditions of this Section. (b) Use of Funds. The Fund shall be administered by the Board of Supervisors. (1) Infrastructure. All monies deposited in the Fund shall be used to design, engineer, acquire, improve, and develop neighborhood open spaces, pedestrian and streetscape improvements, bicycle infrastructure, childcare facilities, and other improvements that result in new publicly-accessible facilities and related resources within the Market and Octavia Plan Area or within 250 feet of the Plan Area and within the Upper Market Street Neighborhood Commercial Transit District,_ portions of which are located ffl-..outside the plan area. Funds may be used for childcare facilities that are not publicly owned or publicly- accessible. The improvements, where applicable, shall be consistent with the Market and 10ctavia Civic Streets and Open Space System as described in Map 4 of the Market and I !Octavia Area Plan of the General Plan, and Market and Octavia Improvements Plan. The I lfunds shall be allocated in accordance with Table 421.5A. * * * * Section 3. The Planning Code is hereby amended by revising Sectional Map ZN07 of the Zoning Map of the City and County of San Francisco as follows: Delete the Upper Market Street Neighborhood Commercial District. Reclassify the following property: Supervisor Sheehy BOARD OF SUPERVISORS Page 4 Description of Property Block 2623, Lots 006 and 091 Use District to be Superseded Upper Market Street Neighborhood Commercial District Use District hereby Approved Upper Market Street Neighborhood Commercial Transit District Section 4. 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. APPROVED AS TO FORM: DENNIS . HERRERA, City Attorney By: n:\legana\as2016\1600865\01157176.docx BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance Ci1yHall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 170003 Date Passed: March 14, 2017 Ordinance amending the Planning Code to revise Sectional Map ZN07 of the Zoning Map to delete the Upper Market Street Neighborhood Commercial (NC) District and reclassify Assessor's Parcel Block No. 2623, Lot No. 006, at 376 Castro Street and Assessor's Parcel Block No. 2623, Lot No. 091, at 2416-2420 Market Street, from the Upper Market NC District to the Upper Market Street Neighborhood Commercial Transit (NCT) District; revising several sections of Article 4 to include the entirety of the Upper Market Street NCT District, including portions outside of the Market and Octavia Plan Area; 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. February 27, 2017 Land Use and Transportation Committee - RECOMMENDED March 07, 2017 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang and Yee Excused: 1 - Kim March 14, 2017 Board of Supervisors - FINALLY PASSED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee File No. 170003 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/14/2017 by the Board of Supervisors of the City and County of San Francisco. Date Approved City and County of Sw1 Fra;1cisco Pages Printed at I :38 pm on 3115117