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FILE NO. 170938 SUBSTITUTED 10/17/2017 ORDINANCE NO. 241-17 [Planning Code, Zoning Map - 1629 Market Street Special Use District] Ordinance amending the Planning Code and the Zoning Map to add the 1629 Market Street Special Use District; making findings 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 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 (Ont. Deletions to Codes are in strikethreugh itaties Times New Remanfent. 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. Findings. (a) California Environmental Quality Act. (1) At its hearing on October 19, 2017, and prior to recommending the proposed Planning Code amendments for approval, by Motion No. 20033, the Planning Commission certified a Final Environmental Impact Report (FEIR) for the 1629 Market Street Project (Project) pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.), the CEQA Guidelines (14 Cal. Code Reg. Sections 15000 et seq.), and Chapter 31 of the Administrative Code. A copy of said Motion is in Board of Supervisors File No. 170938, and is incorporated herein by reference. In accordance with the actions contemplated herein, the Board has reviewed the FEIR, concurs with its conclusions, affirms the Planning Commission's certification of the FEIR, and finds that the Mayor; Supervisors Kim, Sheehy BOARD OF SUPERVISORS Page 1 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 the Board of Supervisors at the Planning Commission's hearing on October 19, 2017, by Motion No. 20034, 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. 170938, and are 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 1 O the statement of 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 October 19, 2017, the Planning Commission, in Resolution No. 20035, (1) adopted a Resolution recommending that the Board of Supervisors adopt amendments to the General Plan, Market and Octavia Area Plan, and (2) adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan, as amended, 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. 170938, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20036, and the Board incorporates such reasons herein by reference. Section 2. The Planning Code is hereby amended by adding Section 249.81 to read follows: Mayor; Supervisors Kim. Sheehy BOARD OF SUPERVISORS Page SEC. 249.81. 1629 MARKET STREET SPECIAL USE DISTRICT. A Special Use District entitled the 1629 Market Street Special Use District (1629 Market Street SUD. or SUD), is herebv established for the purposes set forth in this Section 249.81. (a) Location. The 1629 Market Street SUD is generally bounded by Market Street to the north. Brady Street to the west. Chase Court to the south, and 12th Street to the east. and consists of Assessor's Parcel Block No. 3505. Lots 001. 007. 008. 027. 028. 029. 031. 031A. 032. 032A. 033. 033A. 034. and 035. Its boundaries are shown on Special Use District Map SU07 ofthe Zoning Map. (b! Purpose. The purpose of the 1629 Market Street SUD is to give effect to the Development Agreement for the 1629 Market Street Project, as approved by the Board of Supervisors in the 1 O ordinance in File No. 170938. The 1629 Market Street SUD will facilitate the provision ofa mixed use development in a transit-rich location with residential. retail, open space, parking. and related uses. The SUD will provide benefits to the Citv including: provision of on-site affordable housing units at a levels ofaffordabilitv exceeding Citv requirements: replacement of existing Residential Hotel Units with modern. on-site units at a replacement ratio exceeding the requirements of Chapter 41 of the Administrative Code. the Residential Hotel Unit Conversion and Demolition Ordinance: land donation. construction. and maintenance ofpublicly accessible open space: and improvement of Stevenson Street for pedestrian and automobile use. (c) Controls. Applicable provisions ofthe Planning Code shall apply to the 1629 Market Street SUD except as otherwise provided in this Section 249.81. In the event ofa conflict between other provisions of the Planning Code and this Section. this Section shall control. (1) Usable Open Space. (A) Amount Required and Phasing. The required square footage of usable open space shall be 36 square feet per dwelling unit. Open space requirements may be met at this ratio with the following tvpes ofopen space: "private usable open space" as defined in Section 135(a) o(this Code: and "common usable open space" as defined in Section 135(a). which may be open to the public. Mayor; Supervisors Kim, Sheehy BOARD OF SUPERVISORS Page Usable open space has been designed on a SUD-wide basis and the requirements are expected to be met through a combination ofprivate and common spaces associated individual buildings. as well as approximatelv 8. 600 square feet ofplaza and mid-block open space that will be developed in accordance with the Development Agreement for the project. Accordinglv. compliance with open space requirements shall be evaluated at project buildout on a District-wide (as opposed to building-by- building) basis. CB! Common usable open space that otherwise qualifies as an inner court under Section l 35(g)(2) o(this Code shall be exempt from the 45-degree requirements o(that Section. and projections ofportions of adjacent residential structures over such open space shall be considered permitted obstructions under Sections 135(g)(2) and 136 of this Code. provided that each such projection leaves at least 7 112 feet of headroom. (2) Narrow Streets and Alleys. Planning Code Section 261.1 (d)(l) shall not apply to the following subject frontages: the north side of Chase Court and the west side of Colusa Place: the north side of Colton Street and the east side of Colusa Place; the north side of Stevenson Street: and the east side of Brady Street. Planning Code Section 261.1 (d)(2) shall not apply to the tollowing subiect frontages: the south side of Colton Street. and the south side of Stevenson Street. (3) Affordable Housing. The tollowing shall apply in lieu of any other inclusionary or affordable housing exactions set torth in this Code: Twelve percent (12%) of all of the residential units constructed on site shall be affordable to residents at or below 100% Area Median Income tor the life o(the applicable building, except tor the approximately 95 to 100 residential units to be constructed on Assessor's Parcel Block No. 3505, Lots 27 and 28. referred to as the Colton Street Building. which shall be affordable to residents at or below 60% Area Median Income tor the life ofthe building. As a result. the project will achieve approximately twenty eight percent (28%) affordability. Mayor; Supervisors Kim, Sheehy BOARD OF SUPERVISORS Page Section 3. The Planning Code is hereby amended by revising Zoning Map ZN07, Height and Bulk Map HT07, and Special Use Map SU07, as follows: (a) To change Zoning Map ZN07 from NCT-3 and Public to NCT-3 and Public in a portion of the SUD, as follows: Assessor's Block Block 3505 Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032,032A, 033, 033A, and 035 Current Proposed Zoning Zonina NCT-3 and NCT-3 and Public, Public as more particularly depicted on Exhibit A in Board of Supervisors File No. 170938. (b) To change Height and Bulk Map HT07 from 85-X and Public, and 40-X, to 85-X and Public and 68-X, respectively, as follows: Assessor's Block Block 3505 Mayor; Supervisors Kim, Sheehy BOARD OF SUPERVISORS Lots 001, 007, 008, 029, 031, 031A, 032, 032A, 033, 033A, and 035 Current Height Desianations 85-X and Public Proposed Height Designations 85-X and Public, as more particularly depicted on Exhibit Bin Board of Page 51 I Block 3505 027, 028 Supervisors File No. 170938. 40-X 68-X (c) To change Special Use District Map SUD? to include the new 1629 Market Street Special Use District, as follows: Assessor's Block Block 3505 lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, and 035 Special Use District Created 1629 Market Street Special Use District. Section 4. The Board of Supervisors hereby authorizes the City Engineer, following consultation with the Planning Department and the City Attorney's Office, to make any corrections and boundary adjustments to final maps as needed to conform with the final Project as developed. Section 5. 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. Mayor; Supeivisors Kim, Sheehy BOARD OF SUPERVISORS Page (b) This ordinance shall become operative on, and no rights or duties are affected until), the later of (1) its effective date, or (2) the date that the ordinance approving the Development Agreement for the Project, and the ordinance, approving amendments to the General Plan for the Project, have both become effective. Copies of said Ordinances are on file with the Clerk of the Board of Supervisors in File Nos. 170939 and 171134 APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: ANDREA ~UJZ .. ·.··.·.·.l\'SQUIDE Deputy~ffyAttoripey n:lland\as2017\ 1700185101224978.docx Mayor Lee; Supervisors Kim, Sheehy BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102M4689 File Number: 170938 Date Passed: December 12, 2017 Ordinance amending the Planning Code and the Zoning Map to add the 1629 Market Street Special Use District; making findings 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. November 27, 2017 Land Use and Transportation Committee - RECOMMENDED December 05, 2017 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee December 12, 2017 Board of Supervisors - FINALLY PASSED Ayes: 10 - Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee Excused: 1 - Fewer File No. 170938 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 12/12/2017 by the Board of Supervisors of the City _and County of San Francisco. \ "&---- I \ s-\ \1- Mayor Date Approved City and County of San Francisco Page5 Printed at 2:49 pm on 12113117