o0174-21

AMENDED IN COMMITTEE FILE NO. 200519 9/27/2021 ORDINANCE NO. 174-21 [Planning Code - Geary-Masonic Special Use District] Ordinance amending the Planning Code to modify the Geary-Masonic Special Use District to require use of the inclusionary housing fee for a project within one quarter and one-half miles of the boundaries of the district, or anywhere in San Francisco if not allocated within twe five years of payment; 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; 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 }ferv 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. CEQA and Planning Code Findings. (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. 200519 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 Supervisor Stefani BOARD OF SUPERVISORS Page 1 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. 200519, 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. 200519. 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 * * * * (d) lnclusionary Housing. Compliance with Section 415 et seq. shall be by payment of the affordable housing fee, or provision of on-site units, as follows: (1) Affordable Housing Fee. Payment of the Affordable Housing Fee pursuant to Section 415.5 and subject to the following provisions: (A) For a project providing Owned Units, the applicable percentage shall be 33% of the Gross Floor Area of residential use. (B) For a project providing Rental Units, the applicable percentage shall be 30% of the Gross Floor Area of residential use. (C) Use o[Fees. Fees shall be payable to the Development Fee Collection Unit at DBI for deposit into the Citywide Affordable Housing Fund. MOHCD shall designate and separately account for all fees that it receives under this subsection (d)(I ). The fimds shall be used exclusively to acquire and construct a 100% a(fordable housing project on a site located within one Supervisor Stefani BOARD OF SUPERVISORS Page 2 and one-half mile oft he boundaries of the SUD. If such funds have not been allocated for the acquisition or predevelopment ofa project on a site within one quarterone and one-half mile of the boundaries oft he SUD within five years of deposit into the Citywide Affordable Housing Fund, such fimds may be used anywhere in the City and for any size project. * * * * 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 1 O 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 J. HERRERA, City Attorney By: Isl Audrey Williams Pearson Deputy City Attorney n:\legana\as2020\20004 70\01556825.docx Supervisor Stefani BOARD OF SUPERVISORS Page 3 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 200519 Date Passed: October 19, 2021 Ordinance amending the Planning Code to modify the Geary-Masonic Special Use District to require use of the inclusionary housing fee for a project within one and one-half miles of the boundaries of the district, or anywhere in San Francisco if not allocated within five years of payment; 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; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. September 27, 2021 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE September 27, 2021 Land Use and Transportation Committee - RECOMMENDED AS AMENDED October 05, 2021 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton October 19, 2021 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 200519 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 10/19/2021 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 9:26 am on 10120121