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FILE NO. 170864 AMENDED IN BOARD 10/31/2017 ORDINANCE NO. 225-17 [Planning Code, Zoning Map - Pier 70 Special Use District] Ordinance amending the Planning Code and the Zoning Map to add the Pier 70 Special Use District; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and 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 l'lew 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. Planning and Environmental Findings. (a) California Environmental Quality Act. (1) At its hearing on August 24, 2017, and prior to recommending the proposed Planning Code amendments for approval, by Motion No. 19976, the Planning Commission certified a Final Environmental Impact Report (FEIR) for the Pier 70 Mixed-Use District (Project) pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), the CEQA Guidelines (14 Cal. Code Reg. Section 15000 et seq.), and Chapter 31 of the Administrative Code. A copy of said Motion is in Board of Supervisors File No. 170930, and is incorporated herein by reference. In accordance with the actions contemplated herein, this Board has reviewed the FEIR, concurs with its conclusions, affirms the Planning Commission's certification of the FEIR, and finds that the Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 1 'I I actions contemplated herein are within the scope of the Project described and analyzed in the FEIR. (2) In recommending the proposed Planning Code Amendments for approval by this Board at its hearing on August 2i~. 2017, by Motion No. 19977, the Planning Commission also adopted findings under CEQA, including a statement of overriding consideration, and a Mitigation Monitoring and Reporting Program (MMRP). A copy of said Motion and MMRP are in Board of Supervisors File No. 170930, and is incorporated herein by reference. The Board hereby adopts and incorporates by reference as though fully set forth herein the Planning Commission's CEQA approval findings, including the statement of 1 O overriding considerations. The Board also adopts and incorporates by reference as though fully set forth herein the Project's MMRP. (b) At the same hearing on August 24, 2017, the Planning Commission, in Resolution No. 19978, 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 in Board of Supervisors File No. 170930, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that this Planning Code Amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 19978 and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by adding Section 249.79, to read as follows: SEC. 249. 79. PIER 70 SPECIAL USE DISTRICT. Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page2 (a) Purpose and Boundaries. To facilitate the Citv 's long-term goal ofredevelopment and revitalization of a portion of Pier 70, a Special Use District entitled the "Pier 70 Special Use District" (SUD) is hereby established. The boundaries ofthe SUD are shown on Sectional Map SU08 o[the Zoning Map. The purpose o[this SUD is to give effect to the Development Agreement (DA) and Disposition and Development Agreement (DDA) (or the Pier 70 Mixed-Use Project (Project), as approved by the Board of Supervisors ay in the Ordinance contained in Board File No. 170863. The Project will provide several benefits to the City, such as a significant amount of affordable housing (through the inclusionary housing requirements of this SUD. and through additional inclusionarv requirements. provision of land. and funding for affordable housing as provided 1 O for in the Affordable Housing Exhibit of the DOA). increased public access and open space. facilities (or small-scale manufacturing, extensive infrastructure improvements. and replacement space for Noonan Building tenants, while creating jobs, housing. and a vibrant community as contemplated under Cali(orniaAssemblyBill 418 (AB 418) (Stats. 2011, ch. 477). which made Pier 70-specific amendments to the Burton Act (Stats. 1969, ch. 1333). {b) Role of Port Commission. The majority o[the property within the SUD is under the jurisdiction o[the Port Commission, and Port lands are subject to land use controls additional to this Municipal Code. As authorized under AB 418, the Port may hold, use. conduct, operate. maintain. manage. administer. regulate, improve, sell, lease. encumber, and control nontrust lands and improvements within the SUD (or any purpose on conditions specified in AB 418. In the event of a conflict between this Code and the Burton Act, AB 418. or the McAteer-Petris Act (Cal. Gov 't Code §§ 66600 et seq.), state law shall prevail. (c) Relationship to Design for Development. The Pier 70 Design (or Development (Design (or Development), adopted by the Planning Commission and Port Commission and as may be periodically amended, sets forth Standards and Guidelines applicable within the SUD and is incorporated here by reference. Any term used in this Section 249. 79 and not otherwise defined in this Code shall have the Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 3 meaning ascribed to it in the Design {or Development. The Port shall have exclusive jurisdiction and approval rights over amendments to the Design {or Development that affect only open space and right- of way development within the SUD, which include Design {or Development, Chapter 3 (Open Space Network); Chapter 4 (Streets and Streetscapes),· Section 7.2 (Street Lighting); Section 7.3 (Open Space Lighting),· Section 7. 6 (Wayfinding Signage); and Section 7. 8 (Public Art). Other than as specified above, the Port Commission and the Planning Commission may amend the Design {or Development upon initiation by either body or upon application by an owner or ground lessee ofproperty within the SUD, to the extent that such amendment is consistent with this Section, the General Plan, and the DA. Both the Port Commission and Planning Commission shall approve any such amendment to the Design .for Development that does not exclusively affect the open space and right-of way Chapters and Sections of the Design {or Development identified in this subsection (c) as being within the exclusive jurisdiction ofthe Port Commission. (d) Relationship to Other Planning Code Provisions. Applicable provisions ofthe Planning Code shall control except as otherwise provided in this Section 249. 79, the Design {or Development, and the DA (so long as the DA is in effect). In the event of a conflict between other provisions o[the Planning Code and the Design {or Development or this Section 249. 79 (and further subject to subsection (e) below), this Section 249. 79 and the Design {or Development shall control. (e) Development Controls. Development and uses ofproperty within the SUD shall be regulated by the controls contained in this Section 249. 79 and in the Design {or Development, provided, however, that i{there is any inconsistency between this Section and the Design {or Development, this Section shall control. {fJ Definitions. If not explicitly superseded by definitions established in this Section 249. 79 or the Design {or Development. the definitions in this Code shall apply. Later amendments to the definitions in this Code shall apply where not in conflict with this Section 249. 79, the Design for Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page4 Development, or the DA. In addition to the specific definitions set forth elsewhere in this Section 249. 79, the following definitions shall govern interpretation o[this Section: ''Applicant" means the ground lessee, owner, or authorized agent of the owner or ground lessee of a development parcel. "Building Standards" means the standards applicable to Buildings and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (h) and the standards identified as such in the Design for Development. "Executive Director" means the Executive Director o[the Port of San Francisco. "Historic Building" means one o[the existing structures commonly known as Historic Building 1 O 2, Historic Building 12, or Historic Building 21, which are part ofthe Union Iron Works Historic District Oisted on the National Register ofHistoric Places). "Horizontal Development" means construction of Public Facilities. "Major Modification" means a deviation of 10% percent or more from any dimensional or numerical standard in this SUD or in the Design [or Development, except as explicitly prohibited per subsection (i). "Minor Modification" means a deviation of!ess than 10% percent from any dimensional or numerical standard in this SUD or in the Design for Development, except as explicitly prohibited per subsection (i), or from any non-numerical standard in the Design for Development. "Proposition F" means the Union Iron Works Historic District Housing, Waterfront Parks, Jobs and Preservation Initiative adopted by the voters on November 4, 2014§.,_ "Public Facilities" include completed utility infrastructure,· recreational, open space, and public access areas; public rights-of way; and other improvements in the public realm that will be under City and Port jurisdiction when accepted. Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page "Vertical DDA" means a Vertical Disposition and Development Agreement between the Port and an Applicant that sets forth contractual terms and conditions governing the Applicant's development of Vertical Improvements. "Vertical Improvements" means new construction ofa Building and any later expansion or major alteration of or addition to a previously approved Building within the SUD. (g) Uses. (1) Permitted Uses. The f9llowing uses set f9rth in Table 249. 79(g)(l) below shall be permitted as indicated within the SUD, where P means Permitted Use and NP means Non-permitted Use. Table 249. 79(g)(J) Land Uses Pier 70 Residen- Institu- Retail Office Entertain- Industrial PDR Parking Parking SUD tial Uses tional Uses Uses ment, Uses Uses Lot Garage Parcels Uses Arts1 and {g§. Recreation shown Uses in Figures 1and2) p P(15) P(16) P(17) PC6lC8l P(Yl00l P01l02l NP03l NP04l NP P(15) P(2l PCJlC4l PC6lC8l P(Yl POD NP03l NP04l !1fil ilZl NP P(15) PC2l NP(17) PC6lC8l P{J) POD NP03l NP04l !1fil NP P(15) P(2l P(17) PC6lC8J P(Yl POil NP03l NP04l !1fil !1 NP P(15) P(2l P(17) PC6lC8l P(Yl POil NP03l NP04l !1fil Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page6 Cl ['__ P(15) P(16) P(17) PC62C82 C2 ['__ P(15) P(16) NPC52 PC72C82 ill1 !2 ['__ P(15) P(16) NP(52 PC72C82 ill1 El ['__ P(15) P(16) NPC52 PC72C82 ill1 E2 ['__ P(15) P(16) NPC52 PC72C82 ill1 E3 ['__ P(15) P(16) NP(52 PC72C82 ill1 E4 NP F(15) PC22 PC32C42 PC62C82 ilfil ill1 FIG p P(15) P(16) P(17) PC62C82 HJ ['__ P(15) P(16) P(17) PC62C82 H2 p P(15) P(16) P(17) PC62C82 PKN P02 P(15) P(16) NPC52 PC72C82 ill1 PKS P02 P(15) P(16) NPC52 PC72C82 ill1 HDY3 PCJ) P(15) P(16) NP{5) PC72C82 ill1 HDYJ/2 PCJ2 P(15) P(16) P(17) PC62C82 Notes: (1) Ground Floor Residential on Illinois Street is NP. Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS PCJ2002 PC112022 NP032 ['__ P(J2002 P012022 NPCJ32 ['__ POOl PCJ12022 NPCJ32 NP042 PCJ02 PCJ12022 NPCl32 NPC142 POOl PCJl)CJ22 NPCJ32 NP042 PCJ02 P012022 NPCJ32 NP042 P(Jl POil NPCl32 NP042 P(J2002 PC112C122 NPCJ32 NP042 PCJ2002 P012022 NPCJ32 NPC142 P<J2002 P012022 NPCl32 NPC142 P002 P012022 NPCJ32 NPC142 PCJO) P01202) NPCJ32 NP042 PCJO) P012022 NPCJ32 NPC14> P(J2002 P012022 NPCl3) NPCJ4) Page 7 (2) Tourist Hotel is NP. (3) Service, MedicalHealth is NP. (4) Office Use is NP on Ground Floor. (5) Office Use is Pon Ground Floor only. (6) Movie Theater is P if no more than three screens. (7) Movie Theater is NP. (8) Livery Stables are NP. (9) Automobile Assembly, Food Fiber and Beverage Processing l, Light Manufacturing, Metal Working are P. Other Industrial Uses are NP. (10) Food Fiber and Beverage Processing l, Light Manufacturing are Pon Ground Floor only if Building contains Residential. (11) P DR Automotive Services Station, Storage, Stable, and Utility Yard are NP. P DR Automotive Service Station are P if Predominant Use is District Garage. (12) PDR Uses not already restricted as NP herein are Pon the Ground Floor only ifBuilding contains Residential. (13) Parking Lots are NP (except as provided tor in Section 249. 79(g)(3) as an interim use). {14) Accessory Parking is P. (15) Hospital is NP. (16) Automotive Retail is NP. (17) The gross floor area of Office uses within the SUD shall not exceed 1. 75 million square feet. No amount of Office use may be approved that would cause the total gross floor area of Office use within the SUD to exceed 1.75 million square feet. taking into account the total amount of gross floor area of Office use within Vertical Improvements and Historic Buildings that have received design approval under subsections (1)(6) or (1)(4). as applicable. whether completed or not. Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 8 (2) Temporary Uses. The Executive Director may approve without a public hearing any o[the following uses ("Temporary Uses") for a period not to exceed 90 days, or for such longer period of time as may be approved by the Executive Director under any Port lease or license: booths for charitable, patriotic, or welfare purposes; markets.· exhibitions, festivals. circuses, musical and theatrical performances and other forms of!ive entertainment including setup/load-in and demobilization/load-out; athletic events; open-air sales of agriculturally-produced seasonal decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; mobile food and temporary retail establishments,· and automobile and truck parking and loading associated with any authorized temporary use. The Executive Director may authorize recurring Temporary Uses (such as a weekly farmers market) under a single authorization. (3) Interim Uses. The Executive Director may approve any use listed in this subsection ("Interim Use") without a public hearing for a period not to exceed five years ifthe Executive Director finds that such Interim Use will not impede orderly development consistent with this Section 249. 79, the Design for Development. and the DA. Interim Uses are limited to uses in the existing Historic Buildings, unimproved areas, and open spaces. Any Interim Use listed in this subsection that is integral to development under the DA, DDA. or Vertical DDA, and is permitted by the Port under any Port lease or license shall not require separate authorization as an Interim or Temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities). Any authorization granted pursuant to this Ssubsection 249. 79(g)(3) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. Interim Uses the Executive Director may authorize include, but are not limited to: (A) Retail activities, which may include the on-site assembly, production or sale of.food, beverages, and goods. the operation ofrestaurants or other retail food service in temporary structures, outdoor seating, food trucks, and food carts; Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 9 (B) Temporary art installations. exhibits, and sales,' (C) Recreational facilities and uses (such as play and climbing structures and outdoor fitness classes),· (D) Motor vehicle and bicycle parking,' (E) On-site assembly and production ofgoods in enclosed or unenclosed temporary structures; {F) Educational activities, including but not limited to after-school day camp and activities,· (G) Site management service, administrative functions and customer amenities and associated loading; (H) Rental or sales offices incidental to new development,· and (I) Entertainment uses, both unenclosed and enclosed, which may include temporary structures to accommodate stages, seating and support facilities for patrons and operations. (4) Nonconforming Uses. The Executive Director may allow the reasonable continuance, modification, or expansion of existing uses and structures that do not comply with this Section 249. 79 or the Design for Development upon a determination that the use would not impede the orderly development o(the SUD consistent with this Section, the DA, the DDA, and any Vertical DDA. (5) Ground Floor Frontages. (A) Priority Retail Frontages. As listed below, a minimum of50'jg percent_Qf the shaded Priority Retail Frontage zone shown in Figure I shall be occupied by the following uses (each, a "Priority Retail" use) as defined in Section 2.2 of the Design (or Development (Ground Floor Uses): (i) Retail Sales and Service Use (including pPersonal s.Services and excluding medicalHealth &Services, fFinancial &Services, banks, real estate services, or Retail Professional Services, and fRetail aAutomotive ti-Uses,t Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 10 (liLBar and restaurant; (iii) /\rts activities; ~PDR Use (including Industrial Use).- and {viii) Entertainment. Arts. and Recreation Use. (B) As an exception to the above, Parcel E4, due to its waterfront location, shall require a minimum of33% percent Priority Retail o[the extent ofthe east and south frontages. The Priority Retail uses on Parcel E4 may consolidate required linear feet on a single designated frontage. (C) The minimum depth ofregulated uses for all Priority Retail frontages is 25 feet from the subject facade. A maximum of 40 feet oflobby frontage per building may count towards linear Priority Retail frontage requirement. (D) Retail and Service Frontages. To embed a broader set of active uses elsewhere on the site, including community facilities and personal services, Retail and Service Frontages shall occur along the northern and southern waterfront edge, as well as along the 200-{0ot portion of Parcel Cl facing Orton Plaza and on key gateways into the site from Illinois Street and corners adjacent to the Maryland Street corridor between 21st and 22nd Streets, as shown in Figure 1. Specified frontage zones shall be limited to the Priority Retail uses listed in subsection 249. 79(g)(5 ){A) plus the {Ollowing additional uses (each, a "Priority Service Use") {Or a minimum of 50% percent o[the shaded Retail and Services ftontage zone identified in Figure 1: {U__MedicalHealth sServices,· (ii) Financial sServices and banks,:_ {iliLFitness centers and gymsRetail Professional Services,:_ (iv) Institutionsal Use,:_ (v) Community facilities; and fr+l__Events and activity spaceNon-Retail Sales and Service Use;-: (vii) For Parcel Cl only, small eQtfices up to 5, 000 square fee(-: Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 11 (viii) For Parcel C1 only. ground floor residential may qualify as a permitted active use to meet this requirement if the building is 100 percent affordable housing. (E) The minimum Retail and Service depth shall be 25 feet. If Parcel Cl is built as a garage, the minimum depth shall be 20 feet to preserve parking layout feasibility. {F) Office Frontages. Ground floor office uses on 20th and 22nd Streets, as shown on Figure l, shall not exceed 75% percent o(the frontage for Parcels A, B, F, G, HDY, HJ, and H2. Remaining portions o[those frontages shall provide usable spaces for a viable non-office use, including all Priority Retail uses listed in 249. 79(g)(5){A) and Priority Service Uses listed in 249. 79(g){5){D). Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 12 12 I 13 I Figure 1: Ground Floor Frontage Controls. HDY'.< ~ '~?.NDST l D D N A o so 100 (h) Building Standards. I t; 1' <( v. GI ~. I //;f. H1 H2 "o GROUND FLOOR fRON!i\GE CONTROLS ll\\m Buildings with Predorninanlly Retail, Arts and lighl Industrial Use ""'-"'" Priority Rc1ail Frontage Zone - RetaJ! + Services Frontage Zone Frontages with Limits on Commercial,Oflice (1) Building Height and Bulk. The height and bulk limits shall be as set forth on Sectional Map HT08 of the Zoning Map and as further limited and detailed in Figure 2 o[this Section 249. 79 (Building Height Maximum) and the Design for Development. Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 13 Figure 2: Building Heights Maximum. ...__'_!</\!_"' ~-....... 2 )] (2) Measurement o(Height. Measurement o[Height shall be governed bv the controls set forth in Section 6. 4 of the Design for Development (Maximum Building Height) and not as provided in Section 260. (3) Lot Coverage and Rear Yards. Lots shall not be required to comply with any rear yard and lot coverage requirements set by this Code. (4) OU-Street Parking. Off-street automobile parking shall not be required for any use. Total parking spaces for the SUD shall not exceed the maximum number of spaces listed in the ff able Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page I 249.79(h)(4) below. Planning will determine compliance with the off-street parking standards in accordance with Subsection 249. 79aJ(5) below. These requirements may be modified pursuant to implementation of the Project's Transportation Demand Management (TDM) requirement, as set forth in the DDA. Table 249. 79(h)(4) Maximum Permitted O[f-Street Parking Residential Use 0. 6 spaces per residential unit Office Use 1 space per 1500 square feet of Gross Floor Area All Other Uses None permitted (5) Bicycle Parking. The amount and design of bicycle parking required shall be governed by the controls set forth in the Planning Code, whereas but the location and design of required bicycle parking shall be governed by the controls set forth in the Design for Development. (6) Dwelling Unit Density. There shall be no density limit for any residential use. (7) Dwelling Unit Exposure. The provisions of Section 140 shall not apply. Dwelling units in new construction shall face onto one o[the following open areas that is open to the sky: (A) A public street, public alley, or mid-block passage (public or private) at least 20 feet in width; (B) An exterior courtyard or terrace at least 25 feet in width that is open to a public street, public alley, mid-block passage (public or private); (C) A public open space that is at least 25 feet in width. including Irish Hill, a landscape feature; {D) An interior courtyard at least 25 feet in width and a maximum height of55 .feet; Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 1 (E) An interior courtyard at least 40 feet in width without regard to height,· or (F) Undeveloped airspace over rooftops of either adjacent buildings within the SUD or a building on the same parcel where such building has been built to the maximum height limit allowed pursuant to this Section 249. 79. (8) Open Space for Dwelling Units. In addition to any publicly-accessible open spaces described in the Design [or Development, a minimum of 40 square feet of open space per dwelling unit shall be provided on each residential buildingparcel. Such open space may be either private or common space, and may be provided in the form of courtyards, terraces, rooftops, balconies, or other facilities. The standards [or open spaces shall be governed by the controls set forth in the Design [or Development and not as provided in Section 135. (9) Permitted Obstructions. Permitted obstructions over the street, alley, yard, setback, or open svace (also referred to as Projections) shall be governed by the controls set forth in the Design .for Development and not as provided in Section 13 6. (10) Streets cape Improvements. The streets cape and street tree planting requirements shall be governed by the controls set forth in the Design [or Development and not as provided in Section 138.1 (c). (11) Off-Street Loading. The loading requirements of Article 1. 5 oft he Code shall not apply. Off-Street loading shall be governed by the controls set forth in Section 5. 5 and 5. 6 ofthe Design [or Development, describing number ofloading spaces, loading space locations and dimensions, loading spaces [or historic buildings, location ofrefuse and recycling. and loading access locations. (12) Signage. The requirements of Article 6 ofthis Code, as well as the signage guidelines ofthe Port, shall not apply. Building signage within the Special Use District shall be regulated by Sections 7. 5 (General Signage), 7. 6 (WaY,finding Signage) and 7. 7 (Building Signage) of the Design [or Development, regulating signage design and location [or buildings and the public realm. Signage regulations in the Design [or Development supplement the following signage plans to be Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 16 approved bv the Executive Director and the Planning Department pursuant to the DDA as follows: the Pier 70 Public ROWs Signage Plan, the Pier 70 Park Parcels Signage Plan{s) and the Pier 70 Interpretive Signage Plan{s) to be approved bv the Executive Director, and the Pier 70 Building Signage Plan approved bv both the Executive Director and Planning Director. (13) Inclusionary Housing Requirements. The requirements of Section 415 shall apply subject to the following provisions: (A) For any Rental Housing Project, each housing development project shall pay a tee based on the number of units equivalent to the 23% of the number of units in the principal rental housingproject. If the project sponsor is eligible and elects to provide on-site affordable rental units, the number of affordable units constructed on-site shall be 20% of all units constructed on the project site. The Rental Units shall have an affordable rent set at an average of 80% of Area Median Income or less. (B) For any housing development project consisting of Owned Units, each project shall pay a tee based on the number of units equivalent to the 28% o(the number of units in the principal housing project. {14) Impact Fees. Vertical Improvements within the SUD that are subject to the DA shall be required to pay impact fees in accordance with the DA. In recognition o(the high level ofin- kind improvements provided under the Design for Development and related project documents, all other Vertical Improvements within the SUD, whether subject to the DA or not, shall not be required to pay the Eastern Neighborhoods Impact Fees and Public Benefits Fund requirements set forth in Section 423. (15) Transportation Fee. Vertical Improvements that are subject to the DA shall be required to pay transportation fees in accordance with the DA, which fees shall be used by SFMTA in accordance with the Transportation Plan attached to the DA. All other Vertical Improvements within the SUD shall pay to SFMTA a "Transportation Fee" that SFMTA shall use to pay for uses permitted Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 17 by the TSF Fund under Section 41 lA. 7, including SFMI'A and other agencies' costs to design, permit. construct, and install a series oftransportation improvements in the area surrounding the Pier 70 SUD. The Transportation Fee will be calculated for each Vertical Improvement at 100% ofthe applicable TSF rate without a discount under Section 411A.3(d) as ifit were a Project submitted under Section 411A.3(d){3). (i) Modifications to Building Standards. Modification o[the Building Standards may be approved on a project-by-project basis according to the procedures of set forth below. (1) No Modifications or Variances Permitted. No modifications or variances are permitted for (A) Maximum Height established under Section (h)(l ).· (B) maximum building stories established in Standard 6.4.2 ofthe Design (or Development (Maximum Stories).· (C) maximum off- street parking ratios (except as provided in subsection a> (5) below): (D) minimum required bicycle parking quantities established in Article 1.5 of Standard 5.1.1 of the Design for Development (Bicycle Parking Capacity)the Planning Code; or (E) Standard 6.18.1 (Key Facades 200-350 Feet in Length) and Standard 6.18.2 (Key Facades 350 Feet or More in Length) o[the Design (or Development regulating architectural treatment ofprimary and secondary facades. Except as explicitly provided in subsections (i)(2) and (3) below, no other standard set forth in this Section 249. 79 or in the Design (or Development shall be modified or varied. (2) Minor Modifications. The Planning Director may approve a Minor Modification administratively by the procedures described in Ssubsection 249. 79(l)(6){A). (3) Major Modifications. The Planning Commission shall hear any application (or a Major Modification according to the procedures described in subsection 249. 79(l)(6){B). 02 Review and Approval of Development Phases and Horizontal Development. The Port Commission shall grant a Phase Approval in accordance with the DDA (or the Phase that includes the applicable Vertical Improvements before Planning may approve an application (or design review under this Section 249. 79. In addition to any hearings required under the DOA. prior to Port Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 18 Commission approval the Developer shall make an informational presentation of each Phase Submittal to the Planning Commission and the Historic Preservation Commission, and seek comment from these commissions. Pursuant to subsection (1)(5) below and as further established in the DOA the Planning Director shall review the off-street parking program proposed in the subject phase for consistency with the off-street parking requirements set forth in this Section 249.79 prior to Port Commission approval of the Phase Application. (k) Review and Approval of Open Space. The Port Commission shall have exclusive jurisdiction over the review ofproposed publicly-owned open space within the SUD (Or consistency with the Design (Or Development, including program, design, and the inclusion of any ancillary structures. Any privately-owned publicly-accessible open space on any of the development parcels shall be reviewed and approved by Planning as part of the associated Vertical Improvement. 02 Design Review and Approval of Vertical Improvements. (1) Applications. Applications (Or design review are required (Or all Vertical Improvements prior to issuance of building permits. An application (Or design review shall be filed at the Port by the owner or authorized agent o(the owner o(the property (Or which the design review is sought. Each application shall include the documents and materials necessary to determine consistency with this Section and the Design (Or Development. including site plans, sections, elevations, renderings, landscape plans. and exterior material samples to illustrate the overall concept design o(the proposed buildings. !fan Applicant requests a Major or Minor Modification, the application shall contain descriptive material such as narrative and supporting imagery, if appropriate, that describes how the proposed Vertical Improvement meets the intent ofthe SUD and Design (Or Development and provides architectural treatment and public benefit that are equivalent or superior to strict compliance with the standards. (2) Completeness. Port and Planning staff shall review the application (Or completeness and advise the Applicant in writing of any deficiencies within 30 days afier receipt ofthe Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 19 I application or. if applicable, within 15 days after receipt of any supplemental information requeste d pursuant to this Section. Review by Port staff shall also include a review for compliance with the requirements of the applicable Vertical DDA (or. if the Vertical DOA has not been executed a t the time of application submittal. for compliance with the requirements of the form of Vertical ODA approved by the Board of Supervisors and the information provided in Developer's applic able Appraisal Notice submitted under the DOA). If staff does not so advise the applicant, the application shall be deemed complete. (3) Staff Design Review o(Buildings. Each application for Vertical Improvements shall be subject to the administrative design review process set forth in this subsection a>. Upon a determination of completeness (or deemed completeness), staffshall conduct design review and prepare a sta(freport determining compliance of the Vertical Improvement with this Section 249. 7 and the Design for Development, including a recommendation regarding any modifications sought Such staff report shall be delivered to the Applicant and any third parties requesting notice in writi ng, he shall be kept on file. and posted on the Department's website for public review, within 60 days oft determination of completeness (or deemed completenesst or If staff determines that the Vertical Improvement is not compliant with the Design fl I Development and this Section 249. 79, it will notifY the Applicant within the applicable 60-day peri ad, in which case, the Applicant may resubmit the Application and the requirements under Ssubsectiona){l) through Ssubsection aJ(3) apply anew, except the time for staff review shall be 30 days. (4) Port Review o(Historic Buildings. Following the informational presentatio n by the Developer and receipt of comments. if any. from the Planning Commission and Histori c Preservation Commission pursuant to subsection m above. Port sta{Lshall review schematic designs for each Historic Building in accordance with the procedures set forth in the ground lease ea between Port and the Applicant for the applicable Historic Building. Port staff review shall includ Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS p age 20 determination ofconsistencv with the Design (or Development and applicable mitigation measures, including compliance with Secretary ofthe Interior's Standards for the Treatment o(Historic Properties. (5) Off-Street Parking. It is the intent ofthis SUD that at full build-out of all parcels in the SUD. the total number of off-street parking spaces within the SUD shall not exceed the applicable maximum parking ratios specified in Table 249. 79(h)(4) above. The maximum parking ratios shall not apply to individual Vertical Improvements or parcels, but shall be considered cumulatively (or the SUD as a whole. To ensure compliance with the maximum parking ratios on a periodic basis during the phased build out of the SUD, the Planning Department shall not approve ne'.v off street 1 O parking proposed within a Vertical Improvement if it determines that the amount of off street parking proposed would cause the aggregate parking ratio in the SUD to be exceeded 1.vhen taking into account the amount of parking in the proposed Vertical Improvement plus the amount of parking for all Buildings approved under this Section 249.79 as of the date of determination ('Nithout regard to 1.vhether or not the Building has been constructed) at the follm.ving Development Increments: every 750 net new housing units and every 400,000 gross square feet of non residential uses in new or rehabilitated buildings (each residential and non residential threshold, a "Development Increment"). Notwithstanding the foregoing, a deviation of up to 10% above the maximum ratios shall be permitted for all increments prior to final build out and not be considered a Major Modification, Minor Modification, or otherwise inconsistent with this Section 249.79 or the Design for Development. For any increment beyond the first, the Planning Director may disallm.v part or all of the 10% deviation from the maximum ratios in consideration of expected build out of the SUD. As part of the Phase Submittal process required under the DOA and discussed in subsection m above. the Port shall refer to the Planning Director for approval the parking data information submitted by the developer setting forth the total number of residential units and total gross floor area of office space for the Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 21 proposed phase and for all prior approved phases (without regard to whether or not the Buildings have been constructed) along with an updated estimate of maximum future buildout of residential units and office spaces within the SUD. For Phases 1 and 2. the Phase Submittal may exceed the maximum parking ratios for proposed and previously approved parking spaces by up to 10%. provided the cumulative buildout for that phase does not exceed 90% of the expected full buildout within the SUD for either residential units or office space. For Phases thereafter. the Planning Director may determine whether to allow a 10% deviation above the maximum parking ratios allowed for the SUD. taking into account the expected Project program at full build-out. To ensure compliance with the maximum parking 1 O ratios on a periodic basis during the phased build-out of the SUD. Planning shall not otherwise approve new off-street parking proposed within a Vertical Improvement if it determines that the amount of off-street parking proposed for the Vertical Improvement would cause the SUD to exceed the total number of parking spaces approved under the current Phase Submittal plus all prior approved Phase Submittals. (6) Approvals and Public Hearings for New Development. (A.) New Construction. Within 4-0-20 days after the delivery and posting ofthe staff report in accordance with subsection a> (3 ), the Planning Director shall approve or disapprove the Vertical Improvement design and any Minor Modifications based on its compliance with this Section 249. 79 and the Design for Development and the findings and recommendations of the staff report. Ifthe Vertical Improvement is consistent with the numeric standards set forth in this Section 249. 79 and the Design [or Development. the Planning Director's discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement's consistency with the non-numeric elements ofthe Design [or Development and the General Plan. Notwithstanding any other provisions of this Section 249. 79, the Planning Director may refer an Application that proposes modification to the non- numeric elements ofthe Design [or Development, even if not otherwise classified as a Major Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 22 Modification, to the Planning Commission as a Major Modification ifthe Planning Director determines that the proposed modification does not meet the intent ofthe Standards set forth in the Design [or Development. (B) Vertical Improvements Seeking Major Modifications. Upon delivery and posting o[the stafJreport under subsection a>C3), the Planning Commission shall calendar the item [or a public hearing within 20 days or at the next regular meeting thereafter o[the Planning Commission (or special meeting, at the Planning Commission's discretion), subject to any required noticing, [or any application [or Vertical Improvements seeking one or more Major Modifications and [or anv Vertical Improvement seeking Minor Modifications that the Planning Director, in his or her sole discretion, refers as a Major Modification. The Planning Commission shall consider all comments from the public and the recommendations ofthe staff report and the Planning Director in making a decision to approve or disapprove the Vertical Improvement design, including the granting of any Major or Minor Modifications. (C) Notice o(Hearings. Notice of hearings required by subsection (B) above shall be provided as follows: (i) by mail not less than 4-0_20 days prior to the date o[the hearing to the Vertical Improvement applicant, to property owners within 300 feet o[the exterior boundaries of the property that is the subject of the application, using [or this purpose the names and addresses as shown on the citywide assessment roll in the Office o[the Tax Collector, and to any person who has requested such notice,· and (ii) by posting on the subject property at least 10 days prior to the date o[the hearing. (m) Building Permit Approval. For projects subject to the jurisdiction ofthe Port, the Chief Harbor Engineer shall review each building permit application [or consistency with the authorizations granted pursuant to this Section 249. 79. For projects outside the jurisdiction o[the Port, DBI shall Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page review each permit application for consistency with the authorizations granted pursuant to this Section 249. 79. The Chie(Harbor Engineer and DBI shall not issue any building permit (or work within the SUD that has not obtained design review approval in accordance with subsections (l)(6)(A) and (B) above to the extent applicable, or is inconsistent with standards in this Section 249. 79 or the Design (or Development. (n) Change of Use. Before issuing any building permit or other permit or license, or for a permit of Occupancy that would authorize a new use. a change of use or maintenance of an existing use of any land or structure contrary to the provisions ofthis Section 249. 79 or the Design for 9 ii Development, the Chie(Harbor Engineer or DBL as applicable, shall refer the matter to the Planning Department for a consistency determination to be provided to the Chief Harbor Engineer or DBL as applicable, within 15 days of referral. (o) Discretionary Review. No requests (or discretionary review shall be accepted by the Planning Department or heard by the Planning Commission (or any Building in the SUD. Section 3. The Planning Code is hereby amended by revising Zoning Map ZN08, Height Map HT08, and Sectional Map SU08, as follows: (a) To change the Zoning Map (ZN08) from M-2 to Pier 70 Mixed-Use District: Assessor's Block Lot Current Zoning to Proposed Zoning to be be Superseded Approved 4052 001 (partial) M-2 Pier 70 Mixed Use District 4111 004 (partial) 4110 4110 008A 4120 p (b) To change the Zoning Map (HT08) from 40-X to 90-X: Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 24 Assessor's Block Lot Current Height/Bulk Proposed Height/Bulk to 4052 4111 4 ' 4120 001 (partial) 004 (partial) to be Superseded be Approved 40-X 90-X (c) Sectional Map SU08 is hereby amended to create the new Pier 70 Special Use District, bounded by the following streets: (1) To the north, all lots fronting the southern side of and abutting the terminus of 20th Street from Illinois Street to the shoreline, including lot 4110001, a portion of lot 4111004 - the southernmost portion south of a line roughly 95 feet from the southern parcel border, and a portion of lot 4052001 - the southernmost portion south of a line roughly 1, 100 feet from the southern parcel border, and excluding the northwestern corner roughly bounded by a line running parallel to and roughly 265 feet south of 20th Street, and a line parallel to and roughly 800 feet east of Illinois Street; (2) To the east, all lots fronting the shoreline between 20th and 22nd Streets; (3) To the south, all lots fronting the northern side of 22nd Street, and abutting the terminus of 22nd Street from Illinois St to the shoreline; (4) To the west, all lots fronting the eastern side of Illinois St, from 20th Street to 22nd Street. /// /II Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 25 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. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: \/\ ! n:\legana\as2017\ 1800030\01230519.docx Mayor Lee; Supervisor Cohen BOARD OF SUPERVISORS Page 26 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 170864 Date Passed: November 14, 2017 Ordinance amending the Planning Code and the Zoning Map to add the Pier 70 Special Use District; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302. October 16, 2017 Land Use and Transportation Committee - CONTINUED October 23, 2017 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS COMMITTEE REPORT October 24, 2017 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee October 24, 2017 Board of Supervisors - RE-REFERRED AS AMENDED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee October 30, 2017 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 30, 2017 Land Use and Transportation Committee - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT October 31, 2017 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee October 31, 2017 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee November 14, 2017 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 9 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy and Yee Absent: 2 - Kim and Tang Pages Printed at 1: 57 pm on 11115117 File No. 170864 City and County of San Francisco f i Mar· or/ / /' \j Page6 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 11/14/2017 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 1:57 pm on 11115117