o0218-18

FILE NO. 180752 ORDINANCE NO. 218-18 [Planning, Building Codes - Accessory Dwelling Units; In-Lieu Fee for Street Trees] Ordinance amending the Planning Code to 1) authorize expansion of an Accessory Dwelling Unit (ADU) •.vithin the buildable area, 2) authorize the Zoning Administrator to v:aive or modify bicycle parking requirements for an Accessory Dwelling Unit (ADU), 3) allo·.v more than one unauthorized unit constructed without a permit to be legalized, 3 4) exempt from the permit notification requirement ADUs constructed within the defined existing built envelope, and 5) allow· conversion of an existing stand alone garage, or storage structure, or other auxiliary structure to an ADU and expansion of 1 O the existing building envelope to add dormers, and 6) eliminate allow payment of an in- lieu fee for the an ADU's street tree requirement for an ADU, and 6) allow one ADU to be added to a new residential building of three units or less as a component of the new construction; amending the Building Code to provide for a preapplication plan review for ADUs; 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 necessity, convenience, and welfare under Planning Code, Section 302-f-3A{t- directing the Clerk to send a copy of this ordinance to the California Department of Housing and Community Development. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Supervisor Tang Additions to Codes are in single-underline italics Times New Roman {Ont. Deletions to Codes are in strikethrouglz italics Times l'lew 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. BOARD OF SUPERVISORS Page 1 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 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. 180268 and is incorporated herein by reference. The Board affirms this determination. (b) On June 21, 2018, the Planning Commission, in Resolution No.20213, adopted 1 O 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. 180268, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons stated in Planning Commission Resolution No. 20213. (d) Pursuant to Charter Section 03.750 5, the Building Inspection Commission considered this ordinance at a duly noticed public hearing held on _____ , 2018. Section 2. As introduced. this ordinance proposed revising Planning Code Sections 102, 138.1,140, 155.1, 207, 207.3, 307, and 317. At its regular meeting on July 17, 2018, the Board of Supervisors duplicated the file, and amended this ordinance to remove the amendments to Sections 102, 140, 155.1, 207, 207.3, 307, and 317 such that this ordinance amends only Section 138.1. Supervisor Tang BOARD OF SUPERVISORS Page2 Section 3. The Planning Code is hereby amended by revising Section 138.1, to read as follows: SEC. 138.1. STREETSCAPE AND PEDESTRIAN IMPROVEMENTS. * * * * (c) Required streetscape and pedestrian improvements. Development projects shall include streetscape and pedestrian improvements on all publicly accessible rights-of-way directly fronting the property as follows: (1) Street trees. Project Sponsors shall plant and maintain street trees as set forth in Article 16, Sections 805(a) and (d) and 806(d) of the Public Works Code; provided, however, that where a property owner is either (A) adding an Accessory Dwelling Unit pursuant to Section 207(c)(4) or 207 (c)(6) of this Code or (B) legalizing a Dwelling Unit pursuant to Section 207.3 of this Code, the owner may elect to pay the in-lieu fee authorized by Section : 807(f) of the Public Works Code a street tree or trees shall not be required for an /\DU authorized to be constructed pursuant to Section 207(c)(4) or 207(c)(6) of this Code. * * * * 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 Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, Supervisor Tang BOARD OF SUPERVISORS Page 3 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. Section 6. Directions to Clerk. The Clerk of the Board of Supervisors is hereby directed to submit a copy of this ordinance to the California Department of Housing and Community Development vJithin 60 days follmving adoption pursuant to Section 65852.2(h) of the California Government Code. APPROVED AS TO FORM: DENNIS J ERRERA, City Attorney By: ITH A. BOYAJ IAN uty City Attorney n:\leganalas201711500654101290791.docx Supervisor Tang BOARD OF SUPERVISORS Page 4 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180752 Date Passed: September 04, 2018 Ordinance amending the Planning Code to allow payment of an in-lieu fee for an ADU's street tree requirement; 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 necessity, convenience, and welfare under Planning Code, Section 302. July 17, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee July 17, 2018 Board of Supervisors - RE-REFERRED AS AMENDED Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee July 30, 2018 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 31, 2018 Board of Supervisors - PASSED ON FIRST READING Ayes: 7 - Cohen, Brown, Mandelman, Ronen, Safai, Stefani and Tang Noes: 4 - Fewer, Kim, Peskin and Yee September 04, 2018 Board of Supervisors - Fl NALLY PASSED City anti County of Sun Franci~·co Ayes: 9 - Brown, Cohen, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee Noes: 2 - Fewer and Kim Pagel Printed at 9:52 am 011 915118 File No. 180752 London N. Breed Mayor City {111d County of S(/11 Fr{l11cisco I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/4/2018 by the Board of Supervisors of the City and County of San Francisco. I Date Approved Printed at 9:52 {Im 011 915118