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FILE NO. 170348 ORDINANCE NO. 101-17 [Planning Code, Zoning Map - 1500 Mission Street Special Use District] Ordinance amending the Planning Code to create the 1500 Mission Street Special Use District to facilitate development of the 1500 Mission Street (Assessor's Parcel Block No. 3506, Lot Nos. 006 and 007) project, to regulate bulk controls in the Special Use District, to modify Zoning Map SU07 to place the project site into this Special Use District, and Zoning Map HT07 to establish the height and bulk district designations for the project site; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of 1 O 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 ~Vcv.· Rome:n 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) This ordinance is related to companion legislation that amends two General Plan height maps for the 1500 Mission Street (Assessor's Block 3506, Lots 006 and 007) project. The companion legislation is on file with the Clerk of the Board of Supervisors in File No. 170408 and incorporated herein by reference. (b) This ordinance also is a companion to legislation that ratifies the City's purchase and sale agreement with the Project Sponsor for the City to purchase the office building site Mayor Lee BOARD OF SUPERVISORS Page 1 portion of the development. This legislation is on file with the Clerk of the Board of Supervisors in File No. 170471. (c) The legislation referenced in subsection (a) that amends the General Plan provides a description of the project and adopts findings under the California Environmental Quality Act ("CEQA," California Public Resources Code Sections 21000 et seq.). For purposes of the actions contemplated herein, this ordinance adopts the environmental findings from the General Plan amendment legislation. (d) On December 15, 2016, in Motion No. 19822, the Planning Commission initiated this ordinance in accordance with Planning Code Section 302. This Resolution is on file with 1 O the Clerk of the Board of Supervisors in File No. 170348. (e) On March 23, 2017, in Resolution No. 19886, the Planning Commission found that this ordinance is, on balance, in conformity with the General Plan and the priority policies of Planning Code Section 101.1. A copy of this Resolution is on file with the Clerk of the Board of Supervisors in File No. 170348 and is incorporated herein by reference. The Board hereby adopts the Planning Commission General Plan and Planning Code Section 101.1 findings as its own. (f) Also in Resolution No. 19886, the Planning Commission adopted findings under Planning Code Section 302 determining that this ordinance serves the public necessity, convenience, and general welfare. The Board of Supervisors adopts as its own these findings. Section 2. The Planning Code is hereby amended by adding Section 249.12, to read as follows: SEC. 249.12. 1500 MISSION STREET SPECIAL USE DISTRICT. Mayor Lee BOARD OF SUPERVISORS Page 2 (a) Purpose. There shall be a 1500 Mission Street Special Use District, which is comprised of Lots 006 and 007 in Assessor's Block 3506, whose boundaries are designated on Zoning Map SU07 of the Zoning Map of the City and County of San Francisco. This district is intended to facilitate a transit-oriented, high-density. mixed-use residential project and a City and County of San Francisco office development. This area was identified in the Downtown Plan and the Market and Octavia Area Plan of the General Plan as an area to encourage housing adjacent to the downtown and government o[fices near other governmental fitnctions in the Civic Center and City Hall. (b) Use Controls. References to the 1500 Mission Street Special Use District in this subsection shall be as ofthe e[f'ective date ofthis Section 249.12. (1) Ground Floor Uses. Public agency office space shall be permitted at the ground floor. (2) Residential Affordable Housing Program. The provisions ofSection 249.33{b)(3) of this Code shall apply within this Special Use District, except that the Affordable Housing Fee and the off-site housing alternative shall be equivalent to 27.5% o[the number of units in the project, and the on-site percentage shall be 13.5% ofthe number of units in the project. (3) Usable Open Space for Dwelling Units. Requirements for common usable open space pursuant to Section 135 may be met byproviding one of the publicly-accessible types delineated in Section 249.33{b){4). (4) Obstructions over Streets and Usable Open Space. Overhead horizontal projections intended primarily to reduce ground level wind speeds which leave at least 7~ feet of headroom may extend over a street, common usable open space, sidewalk, or setback where the depth of any such projection is no greater than the headroom it leaves, and in no case is greater than 20 feet. (5) Lot Coverage. The provisions ofSection 249.33(b){5) shall apply within this Special Use District. Mayor Lee BOARD OF SUPERVISORS Page 3 (6) Floor Area Ratio. The maximum FAR allowed shall be that described in Section 123(c), provided that it shall not be greater than 9:1. Gross Floor Area shall have the meaning as defined in Section 102, and shall include all residential uses, except for residential uses that are atfprdable units as defined in Section 401 and the affordable units' proportional share of residential common areas and amenities. Floor Area Bonuses, as set forth in Section 249.33(b){6){B), shall apply within this Special Use District. O> Mid-Block Allev. An east-west mid-block pedestrian alley of not less than 25 feet in width shall extend from South Van Ness Avenue to the western main lobby entrance o(the proposed City office building. Additionally, a north-south alley of not less than 25 feet in width shall extend from Mission Street to the aforementioned east-west mid-block pedestrian alley. These two alleys shall be subject to the provisions o(Section 270.2(e) through 270.2(i), except (or subsections 270.2(e){5) and 270(e){J 4). Additionally, the Planning Director may waive or modify subsection 270.2(e)(9) in the case of documented exceptional circumstances and operational conditions relating to the unique nature of the City's tenancy on the site. Other provisions of Section 270. 2 shall not apply within this Special Use District. (8) Off-Street Parking. To accommodate public agency fleet parldng and short-term parking associated with a public-serving permit center, the maximum amount of off-street parldng that may be provided within the proposed City o(fice building shall be one space (or each 3, 000 gross square feet of.floor area. Off-street parking within other buildings in this Special Use District may be used on a temporary or ongoing basis as additional accessoryparldng (or the proposed public agency o(fice space. (9) Dwelling Unit Exposure. Provisions o(Section 140(a){J) shall apply within this Special Use District. The additional five horizontal feet of open space required at subsequent floors pursuant to Section 140(a){2) shall be capped at 65 feet in every horizontal dimension. Mayor Lee BOARD OF SUPERVISORS Page4 (10) Access to Off-Street Parking and Loading. In· consideration of Citv policy to restrict curb cuts and off-street parldng and loading access on South Van Ness Avenue and Mission Street, the residential component and the City office component shall each be permitted to provide separate parldng and loading ingress and egress openings on the 11th Street frontage of no greater than 24 feet in width each, in lieu ofthe limitations set forth in Sections 145.l(c){2) and 155{s)(5). To the extent feasible as determined by the Planning Director, in consultation with the Director of Real Property. in order to facilitate the preservation of a portion of the 11th Street facade of the existing 1500 Mission Street building. enhance pedestrian conditions, and further activate 11th Street, a shared ingress (but not egress) to both the residential component and the City office component shall be provided to reduce the residential component opening to no greater than 12 feet in width. Section 3. The Planning Code is hereby amended by revising Section 270, to read as follows: SEC. 270. BULK LIMITS: MEASUREMENT. * * * * (g) 1500 Mission Street Special Use District (Planning Code Section 249.12). In Bulk District R-3, bulk limitations are as follows: (1) In height districts 1301240-R-3 and 130/400-R-3, there are no bulk limitations below 130 feet in height, and structures above 130 feet in height shall meet the following bulk limitations. (A) Buildings between the podium height limit and 240 feet in height may not exceed a plan length of] 70 feet and a diagonal dimension of225 feet. (B) Buildings between 241 and 400 feet in height may not exceed a plan length ofl 56 feet and a diagonal dimension of] 65 feet, and may not exceed a maximum average floor area of Mayor Lee BOARD OF SUPERVISORS Page 5 13, 100 gross square feet. To encourage tower sculpting, the gross floor area of the top one-third ofthe tower shall be reduced by 7% tram the maximum floor plate of the tower above the podium height limit unless the overall tower floor plate is reduced by an equal or greater volume. (C) To provide adequate sunlight and air to streets and open spaces, a minimum distance ofl 15 feet must be preserved between all structures above 130 feet in height at all levels above 130 feet in height. Spacing shall be measured horizontally tram the outside surf(zce of the exterior wall ofthe subject building to the nearest point on the closest structure above 130 feet in height. (2) The procedures (or granting special exceptions to bulk limits described in Section 272 shall not apply. Section 4. The Planning Code is hereby amended by revising Zoning Map SU07 as follows: Description of Property Special Use District to be Superseded Special Use District Hereby Approved Assessor's Block 3506, Lots 006 Van Ness & Market 1500 Mission Street Special Use and 007 Downtown District (Planning Code Section Residential Special 249.12) Use District Section 5. The Planning Code is hereby amended by revising Zoning Map HT07 as follows: Mayor Lee BOARD OF SUPERVISORS Page 6 Description of Property Assessor's Block 3506, Lot 006 Assessor's Block 3506, Lot 007 Description of Property for Assessor's Block 3506, Lots 006, 007 Along the northerly portion of the South Van Ness Avenue and 11th Street frontages measuring approximately 170 feet in depth and 422 feet in width; Assessor Block and Lot to be assigned. Along the southerly portion of the 11th Street frontage and the easterly portion of the Mission Street frontage measuring approximately 105-feet in depth from Mission Street and 156-feet in width along Mission Street; Assessor Block and Lot to be assigned. The westerly portion of the Mission Street frontage and southerly portion of the South Van Ness frontage measuring approximately 308 feet in width along Mission Street and approximately 110 Mayor Lee BOARD OF SUPERVISORS Height/Bulk District to be Superseded 85/250-R-2, 120/320-R-2 85/250-R-2, 85-X Height/Bulk District Hereby Approved 130/240-R-3 85-X 130/400-R-3 Page 7 feet in depth from Mission Street; Assessor Block and Lot to be assigned. Section 6. Exception to lnclusionary Housing Requirements of Planning Code Section 415.3(b)(1)(B). (a) In Section 1.A. of Ordinance No. 254-14, the Board of Supervisors acknowledged that the '[d]eveloper has designated the remainder of the Goodwill Site for a high density multifamily residential complex of approximately 110 affordable and 440 market rate units ... " A copy of Ordinance No. 254-14 is on file with the Clerk of the Board of Supervisors in File No. 141120 and is incorporated herein by reference. The level of inclusionary affordable housing for the project identified in Ordinance No. 254-14 (20% or 110 units) exceeds the amount of affordable housing that would have applied under Planning Code Section 415.3(b)(1)(B) (13.5% or 74 units). The Board of Supervisors recognizes that but for this higher level of affordable housing, it would not have approved the conditional purchase agreement in Ordinance No. 254-14. (b) Consequently, the Board of Supervisors hereby creates an exception to the inclusionary housing requirements of Planning Code Section 415.3(b )( 1 )(B) to require no less than 20% inclusionary affordable housing for this project. Section 7. 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. Mayor Lee BOARD OF SUPERVISORS Page8 Section 8. Scope of Ordinance. Except as to uncodified Sections 4, 5, and 6, 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 J. HERRERA, City Attorney Mayor Lee BOARD OF SUPERVISORS Page 9 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 170348 Date Passed: May 16, 2017 Ordinance amending the Planning Code to create the 1500 Mission Street Special Use District to facilitate development of the 1500 Mission Street (Assessor's Parcel Block No. 3506, Lot Nos. 006 and 007) project, to regulate bulk controls in the Special Use District, to modify Zoning Map SU07 to place the project site into this Special Use District, and Zoning Map HT07 to establish the height and bulk district designations for the project site; adopting findings 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. May 08, 2017 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT May 09, 2017 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee May 16, 2017 Board of Supervisors - FINALLY PASSED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee File No. 170348 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 5/16/2017 by the Board of Supervisors of the City and County of San Francisco. City and County of San Francisco Mayo~ I \J Page25 Date Approved Printed at 12:47 pm 011 5117117