o0197-25

FILE NO. 250697 ORDINANCE NO. 197-25 [Planning Code, Zoning Map - 530 Sansome Mixed-Use Tower and Fire Station Special Use District] Ordinance amending the Planning Code to create the 530 Sansome Mixed-Use Tower and Fire Station Special Use District, including a conditional use review and approval process allowing streamlined approval and exceptions from certain Planning Code requirements and the conditional rescission of an existing Article 10 landmark designation of 447 Battery Street within the Special Use District; revising the Zoning Map to increase the maximum height for Assessor's Parcel Block No. 0206, Lot Nos. 013, 014, and 017 within the Special Use District; 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 making findings of public necessity, convenience, and general 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 striketl11"0ttgh italics Tinws lVew Romanfcmt. 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. Planning and Environmental Findings. (a) In companion legislation adopting a Development Agreement associated with the 530 Sansome Mixed-Use Tower and Fire Station 13 Development Project (also known as the 530 Sansome and 44 7 Battery Street Development Project), the Board of Supervisors adopted environmental findings pursuant to the California Environmental Quality Act (CEQA) Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 1 (California Public Resources Code Sections 21000 et seq.), the CEQA Guidelines (14 Cal. 22 Code Reg. Sections 15000 et seq.), and Chapter 31 of the Administrative Code. The Board adopts these environmental findings as though fully set forth herein in relation to this ordinance. A copy of said companion legislation is in Board of Supervisors File No. 250698 and it and its environmental findings are incorporated herein by reference. (b) In companion legislation adopting General Plan amendments associated with the 530 Sansome Mixed-Use Tower and Fire Station 13 Development Project, the Board of Supervisors 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 incorporates these findings by reference and adopts these findings as though fully set forth herein in relation to this ordinance. A copy of said companion legislation is in Board of Supervisors File No. 250764. (c) In accordance with City Charter 4.135, the Historic Preservation Commission has made a recommendation to the Board regarding amendments to Planning Code Article 10 and the conditional rescission of the landmark status of Landmark No. 299 in Appendix A to Planning Code Article 10 that would be implemented by adoption of this ordinance, which recommendation is set forth in Resolution No. 1476, adopted after a public hearing on July 16, 2025. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250697 and is incorporated herein by reference. The Board has considered the recommendation of the Historic Preservation Commission in adopting this ordinance. (d) Pursuant to Planning Code Section 302, the Board finds that the actions contemplated in this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21776, adopted on July 17, 2025, and the Board adopts such reasons as its own. A copy of said resolution is on Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 2 file with the Clerk of the Board of Supervisors in File No. 250697 and is incorporated herein by reference. Section 2. Article 2 of the Planning Code is hereby amended by adding Section 249.11, to read as follows: SEC. 249.11. 530 SANSO ME MIXED-USE TOWER AND FIRE STATION SPECIAL USE DISTRICT. (E)_ Purpose. A Special Use District entitled "530 Sansome Mixed-Use Tower and hre Station Special Use District" (the SUD) is hereby established, the precise boundaries of which are shown on Sectional Map SU0l of the Zoning Map. The purpose of the SUD is to implement the land use controls for the 530 Sansome Mixed-Use Tower and Fire Station 13 Development Project (the Project), ·which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 250698 (the Development Agreement). The Project will provide several benefits to the City, such as a new fire station, privately owned and maintained public street improvements, and a/fordable housing contributions paid to the City earlier than otherwise required bv the Planning_ Code. @. Relationship to Other Planning Code Provisions. Applicable provisions o(the Planning Code shall control in the SUD except as otherwise provided in this Section 249.11. If there is a conflict between other provisions of the Planning Code and this Section 249.11, this Section 249.11 shall Qrevail. (f.)_ Relationship to the Development Agreement. This Section 249.11 shall be read and construed consistent with the Development Agreement, and all development within the Project Site that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect. Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 3 {gJ_ Conditional Use. Notwithstanding otherwise applicable use, design, proiect authorization, or approval process requirements set forth for development proiects in the underlying C- 3-O zoning district, a development proiect within the SUD may be approved pursuant to the conditional use authorization provisions set forth in Section 304.8. {fl Conditional Rescission of Landmark Designation for 447 Battery Street. The otherwise applicable procedures for rescinding an Article 10 landmark designation do not apply in the SUD. The Board of Supervisors rescinds the landmark status of the building at 447 Batte,y Street (Assessor's Block 0206, Lot 002; "447 Batte,y Street"), which rescission shall be contingent and only effective upon the City acquiring fee title to 447 Battery Street. Upon the City acquiring such fee title, the City Attorney shall cause Landmark No. 299 in Appendix A to Planning Code Article 10 to be removed from • the Planning Code. Except as required under the California Environmental Quality Act, any new legislation that would impose requirements for the historic preservation or rehabilitation of the buildings within the SUD existing as of the effective date of the ordinance in Board File No. 250697 creating the SUD shall not applv unless and until this Section 249.11 (e) is amended accordingly or eliminated. Section 3. Article 3 of the Planning Code is hereby amended by adding Section 304.8, to read as follows: SEC. 304.8. REVIEW PROCEDURES FOR PROJECTS IN THE 530 SANSO ME MIXED- USE TOWER AND FIRE STATION SPECIAL USE DISTRICT. {g)_ Intent. This Section 304.8 establishes a comprehensive and consolidated public review process through which the Planning Commission shall review development proiects in the 530 Sansome Mixed-Use Tower and Fire Station Special Use District (the SUD). Applicability. The provisions o(this Section 304.8 shall apply to any development proiect within the SUD regulated by Planning Code Section 249.11. Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 4 {g_ Conditional Use Authorization. The Planning Commission may approve a conditional use authorization for any mix olproposed uses and authorize any exceptions to the Planning Code reasonably necessa,y to implement a proposed development proiect, including exceptions from the standards, procedures, and requirements o(Articles 1.2, 1.5, 2, 2.5, 3, 4, and 6 o{the Planning Code, except as described in Section 304.8(e). @J_ Approval. The Planning Commission may act on a proposed conditional use authorization in a single action regardless of the number of distinct properties involved or approvals that would otherwise be required under Article 3 of the Planning Code, except as provided in Section 304.8(e). For avoidance of doubt, development proiects that obtain a conditional use authorization under this Section 304.8 shall not be required to obtain a separate authorization under Section 309 or Section 303. {§)_ Criteria and Limitations. A proposed development proiect must meet the criteria applicable to conditional uses as stated in Section 303(c)(l) through (4). In addition, the proiect shall: {lJ_ On balance, affirmatively promote applicable obiectives and policies o[the General Plan; m Under no circumstances be excepted from any height limit established by the applicable Height & Bulk District Map. Deviations from the measurement and exemption provisions o{ Section 260 shall be consistent with the purposes and intent o(Section 260, provided there is no limit on deviations (ram percentage coverage limitations in Section 260(b); m Obtain any applicable Proiect Authorization, as that term is defined in Section 320(n), for proposed office uses required under Sections 321 and 322; {£)_ Require a hearing (including, as necessary, a ioint hearing before the Planning Commission and Recreation and Park Commission) as necessary to comply with Section 295; m Under no circumstances include a General Advertising Sign,· Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 5 {§J_ Except as to anv modifications agreed to in a development agreement for the pro;ect under Chapter 56 o(the Administrative Code, comply with Article 4 of the Planning Code: and (11 Comply with the provisions of Section 249.11. (fJ. Modifications to Conditional Use Authorization. In granting a conditional use authorization under this Section 304.8, the Planning Commission may authorize the Planning Director to approve proposed modifications to the conditional use authorization, including proposed changes of use and exceptions from the Planning Code in accordance with subsection (c), that the Planning Director reasonably determines are within the intended scope of the previously approved conditional use authorization. ill For purposes of this Section, "·within the intended scope" means that: (A)_ The pro;ect would continue to meet the criteria and limitations set forth in subsection (e) o[this Section 304.8: {_B The proposed modifications to the pro;ect -would not necessitate a change to any condition imposed in the previously granted conditional use authorization: {Q The proposed modifications would not increase the building envelope of the pro;ect by more than 10 percent; and (J2J. The pro;ect would remain in compliance with the Development Agreement applicable to the pro;ect and approved by the Board of Supervisors in the ordinance contained in Board File No. 250698. (11 Proposed modifications that, in the reasonable determination of the Planning Director, do not meet all of the criteria set forth in subsections (f)(l )(A) through (f)(l )(D) above, shall be promptly scheduled for a public hearing before the Planning Commission for review and approval. m An owner may apply for modifications to the conditional use authorization pursuant to this subsection (0 as to the building or portion of the building such owner owns without the Mayor Lurie; SupeNisor Sauter BOARD OF SUPERVISORS Page 6 consent of any other owner o{any portion of the proiect so long as the scope o{the proposed modifications is limited to the building or portion of the building owned by the applicant. Section 4. Article 10 of the Planning Code is hereby amended by revising Section 1004, to read as follows: SEC.1004. DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS * * * * (d) Except as provided in Planning Code Section 249.J I, t+he Board of Supervisors may amend or rescind a designation at any time, subject to all of the procedures set forth in this Article 1 0 for an original designation; provided, however, that in the event that a landmark is accidentally destroyed or is demolished or removed in conformity with the provisions of Section 1007, or is legally demolished or relocated after compliance with the provisions of this Article 10, the Planning Director may request the HPC to recommend to the Board of Supervisors that the designation be amended or rescinded, and in such case the procedures for an original designation set forth in Sections 1004.1 and 1004.2 hereof shall not apply. * * * * Section 5. The Planning Code is hereby amended in accordance with Planning Code Section 106 by revising Section Map HT01, as follows: Assessor's Parcels Height and Bulk District New Height and Bulk (Blocks/Lots Numbers) Superseded District Block 0206, Lots 013, 014, 200-S 555-X and 017 Section 6. The Planning Code is hereby amended in accordance with Planning Code Section 106 by revising Section Map SU01, as follows: Assessor's Parcels I Special Use District Hereby Approved Blocks/Lots Numbers Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 7 Block 0206, Lots 002, 013, 014, and 017 530 Sansome Mixed-Use Tower and Fire Station S_i:>_ecial Use District Section 7. Effective and Operative Dates. (a) 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. (b) This ordinance shall become operative only on (and no rights or duties are affected until) the later of, (1) its effective date, as stated in subsection (a) above, or (2) the effective date of the ordinance approving the development agreement for the 530 Sansome Street and Fire Station 13 Development Project, adopted by the Board of Supervisors. A copy of said ordinance is on file with the Clerk of the Board of Supervisors in File No. 250698. Section 8. 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: DAVID CHIU, City Attorney By: /s/ BRIAN CROSSMAN BRIAN CROSSMAN Deputy City Attorney n :\legana\as2025\2500354\01849996 .docx Mayor Lurie; Supervisor Sauter BOARD OF SUPERVISORS Page 8 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250697 Date Passed: October 21, 2025 Ordinance amending the Planning Code to create the 530 Sansome Mixed-Use Tower and Fire Station Special Use District, including a conditional use review and approval process allowing streamlined approval and exceptions from certain Planning Code requirements and the conditional rescission of an existing Article 10 landmark designation of 447 Battery Street within the Special Use District; revising the Zoning Map to increase the maximum height for Assessor's Parcel Block No. 0206, Lot Nos. 013, 014, and 017 within the Special Use District; 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 making findings of public necessity, convenience, and general welfare under Planning Code, Section 302. September 29, 2025 Land Use and Transportation Committee - RECOMMENDED October 07, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton October 21, 2025 Board of Supervisors - Fl NALLY PASSED Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton File No. 250697 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 10/21/2025 by the Board of Supervisors of the City and County of San Francisco. City mu[ Co1111ty of San Francisco Daniel Lurie Mayor Page I -----~~\J Angela Calvillo Clerk of the Board oc.r 21, 2,02s Date Approved Printed at 10:25 am 01110122/25