o0090-17

FILE NO. 140877 AMENDED IN COMMITTEE 03/20/17 ORDINANCE NO. 90-17 [Planning Code - Downtown Support Special Use District; Fees in Lieu of On-Site Open Space: Gift Acceptance] Ordinance amending the Downtown Support Special Use District to authorize a monetary contribution to satisfy required on-site open space requirements, exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park; accepting as a gift an additional monetary contribution for future improvements to and maintenance of Victoria Manolo Draves Park or other existing under-utilized g parks in District 6, as well as for public recreation programs to occur in these parks: 1 o affirming the Planning Department's California Environmental Quality Act determination, 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 (ant. Deletions to Codes are in strikethrough italics Times l·kw 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) The Planning Department has determined that the actions contemplated in this ordinance are not defined as a project under the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) Guidelines Section 15378 and 15080( c)(2) because it does not result in a physical change in the environment as described Supervisor Kim BOARD OF SUPERVISORS Page 1 in the determination contained in the Planning Department files. The Board of Supervisors hereby affirms this determination. (b) On November 17, 2016, the Planning Commission, in Resolution No. 19779, 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. 140877, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by revising Section 247, to read as follows: SEC. 247. DOWNTOWN SUPPORT OPEN SPACE DEMONSTRATION SPECIAL USE DISTRICT. (a) Purpose. In order to provide that a certain area within the C-3-S District be able to be developed for hotel use with an increased basic floor area ratio of 7.5 to 1, there shall be a "Downtown Support Special Use District" (also referred to as the "C-3-S (SU) District") as designated on Sectional Map SU01 of the Zoning Map. Development at densities above the basic floor area ratio of· 7. 5: 1 in this special liSe district 11·ill not be permitted. (b) Requirements. (I) Floor Area Ratio. The basic and maximum floor area ratio of the C-3-S (SU) District, after purchase of all market-rate, available TOR within the C-3-S District, shall be 7.5:1. Development at densities above the basic floor area ratio of7.5:1 in this special use district will not be permitted. Roof eaves, cornices, or belt courses that project no more than two feet from the face ofthe building wall shall be excluded from the FAR calculation. Where there are fewer square feet of TOR within the C-3-S District available than the Planning Commission determines is required for a project, the Planning Commission may, as Supervisor Kim BOARD OF SUPERVISORS Page 2 part of a Section 309 review, authorize a project sponsor to make a monetary contribution towards the preservation of a Landmark building within the C-3 area in an amount to be determined by the Commission. For purposes of this Section 247, the C-3 area shall include any C-3 District and any P District adjacent thereto. All other provisions of this Code applicable to the C-3-S District shall apply in the C-3-S (SU) District. (2) Gross Floor Area Calculation. Notwithstanding the definition of Gross Floor Area in Section 102 oft his Code, balconies, porches, roof decks, terraces, courts, and similar features shall be excluded tr om the calculation of Gross Floor Area if they are fully open to the sky, even if covered by retractable canopies and associated support structures. However, the square footage of 1 O these excluded features shall be used to calculate any development impact fees that typically would be due in relation to an increased FAR. (3) Privatelv-Owned Public Open Space Requirements,· Payment ofln-lieu Fee. The Board ofSupervisors hereby authorizes the payment ofa fee of$2,500,000 2.600.000 in lieu of the project sponsor's provision ofthe 4th and 6th floor terraces at 888 Howard Street as required on- site open space {Or the project constructed pursuant to this Section 247. The amount of the in-lieu fee represents a construction cost of$290. 70 per square {Oat of Gross Floor Area multiplied by the 8,600 square foot of open space required by Section 138 o[this Code. and an additional $100,000 representing the maintenance cost that typically accompanies any POPOS that is the responsibility of the private owner. While the Board holds that maintaining the public nature of POP OS spaces are the responsibility oft he property owner, in authorizing the payment of an in-lieu fee in this case the Board finds and determines that: (A) the Planning Commission's original approval ofthe project noted the poor quality o[the open space; Supervisor Kim BOARD OF SUPERVISORS Page 3 (B) alternative, suitable open space sites cannot be acquired within the neighborhood ofthe project; (C) improvements to the quality o[the existing open space are neither feasible nor appropriate,· and (D) while the City should always strive to maintain requirements associated with development approvals, in this case the alternative in-lieu payment provides greater public benefit than the original open space requirement. (c) Authorized Use of the In-Lieu Fee. The in-lieu fee shall be dedicated to the Recreation and Parks Department and used to improve the lighting and safety features of Victoria Manolo Draves 1 O Park, including any increased funding required to statfevening hours. The improved lighting shall be provided within two years o[the Recreation and Parks Department receiving payment o[the funds. Section 3. Gift Acceptance of Additional Funds to Support Victoria Manolo Draves Park or Other Existing Under-Utilized Parks in District 6. (a) The project sponsor has offered to the City and County of San Francisco as a gift an additional $300.000 to be used for future improvements to and maintenance of Victoria Manolo Draves Park or other under-utilized parks in existence in District 6 as of the effective date of this ordinance. as well as for public recreation programs to occur in these parks. A copy of the gift offer is on file with the Clerk of the Board of Supervisors in File No. 140877. The Board of Supervisors graciously accepts. on behalf of the City and County of San Francisco, the gift offer from the project sponsor. (b) The Board of Supervisors directs that these funds be transferred to the Friends of Victoria Manolo Draves Park through its fiscal sponsor. San Francisco Parks Alliance, to be used exclusively for the purposes set forth in subsection (a) above. The following steps shall occur prior to the transfer of all or any portion of these funds to the San Francisco Parks Supervisor Kim BOARD OF SUPERVISORS Page4 Alliance as fiscal sponsor for Friends of Victoria Manolo Draves Park: (1) the Friends of Victoria Manolo Draves Park and the San Francisco Parks Alliance shall submit a proposal for use of the funds to the Recreation and Parks Department, (2) the Recreation and Parks Department shall have determined that the proposed projects or programs comply with the purposes of the funds set forth in subsection (a) above, and (3) transfer of funds has been approved by the Recreation and Parks Commission. 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 1 O 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 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 . HERRE , City Attorney By: n:\legana\as2017\1400428\01178667.doc Supervisor Kim BOARD OF SUPERVISORS Page 5 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102,4689 File Number: 140877 Date Passed: April 11, 2017 Ordinance amending the Downtown Support Special Use District to authorize a monetary contribution (in lieu fee) to satisfy required on-site open space requirements, exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park; accepting as a gift an additional monetary contribution for future improvements to and maintenance of Victoria Manolo Draves Park or other existing under-utilized parks in District 6, as well as for public recreation programs to occur in these parks; 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 12, 2016 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR March 06, 2017 Land Use and Transportation Committee - CONTINUED March 20, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE March 20, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED April 04, 2017 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee April 11, 2017 Board of Supervisors - Fl NALLY PASSED City and County of San Fr011cisco Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Pagel Printed at 11:28 mn 011 4112117 File No. 140877 City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 4/11/2017 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:28 am 0114112117