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FILE NO. 190844 AMENDED IN BOARD 11/12/2019 ORDINANCE NO. 275-19 [Planning Code, Zoning Map - 3333 California Street Special Use District] Ordinance amending the Planning Code and Zoning Map to create the 3333 California Street Special Use District; and making environmental findings, findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and 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 1'1C'rv 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. Environmental and Land Use Findings. (a) On September 5, 2019, the Planning Commission conducted a duly noticed public hearing on the proposed 3333 California Street Project ("Project"), including the proposed Planning Code and Zoning Map amendments, and by Resolution No. 20514 recommended the proposed amendments for approval. At its hearing on September 5, 2019, and prior to recommending the proposed Planning Code and Zoning Map amendments for approval, the Planning Commission certified a Final Environmental Impact Report (FEIR) for the 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. In accordance with the actions contemplated in this ordinance, the Board of Supervisors has reviewed the FEIR and concurs Supervisor Stefani BOARD OF SUPERVISORS Page 1 with its conclusions, and finds that the actions contemplated in this ordinance are within the scope of the Project described and analyzed in the FEIR. The Board hereby adopts and incorporates by reference as though fully set forth herein the Commission's CEQA approval findings, including a statement of overriding considerations, adopted by the Planning Commission on September 5, 2019, in Motion No. 201513, and adopts the supplemental CEQA findings on file with the Clerk of the Board of Supervisors in File No. 190844. This Board also adopts and incorporates by reference as though fully set forth herein the Project's Mitigation Monitoring and Reporting Program (MMRP). Said findings and MMRP are on file with the Clerk of the Board of Supervisors in File No. 190844. (b) On September 5, 2019, the Planning Commission, in Resolution No. 20514, 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 of Supervisors 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. 190844, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that the Planning Code and Zoning Map amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20514, and the Board incorporates such reasons herein by reference. Section 2. Article 2 of the Planning Code is hereby amended by adding Section 249.86, to read as follows: SEC. 249.86. 3333 CALIFORNIA STREET SPECIAL USE DISTRICT. (a) Location. A Special Use District entitled the 3333 California Special Use District ("SUD"), the general boundaries of which are California Street to the north, Presidio Avenue to the Supervisor Stefani BOARD OF SUPERVISORS Page 2 east, Masonic Avenue to the southeast, Euclid Avenue to the south, and Laurel Street/Mayfair Drive to the west, as more specifically shown on Section Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set forth below. (b) Purpose. The purpose of the SUD is to facilitate the development of a mixed use project in a transit-rich location with residential, non-residential, child care, open space, and related uses, and to give effect to the Development Agreement for the 3333 California Street Mixed-Use Development Project, as approved by the Board ofSupervisors in the ordinance in File No. 190845. The SUD will provide benefits to the City including but not limited to: replacement ofa large-scale office building with a series of smaller buildings designed to be consistent with the scale and character of the 1 O neighborhood,' construction of hundreds of new housing units, including family-sized units and on-site senior housing with a(fprdability levels exceeding on-site City requirements,· an on-site child care facility,· and construction and maintenance of new, publicly accessible open spaces and new connections to the surrounding street grid, including new pedestrian connections, and other street and streetscape improvements. (c) Development Controls. Applicable provisions of the Planning Code shall apply to the SUD except as otherwise provided in this Section 249.86. In the event ofa conflict between other provisions of the Planning Code and this Section, the provisions of this Section shall control. (1) Additional Permitted Uses. In addition to the uses permitted in the RM-1 zoning district, the non-residential land use controls of the NC-S zoning district shall apply for following uses are principally permitted within the first and second story of all buildings with frontage on California Street, except that the following uses shall be principally permitted on such floors: and shall be subject to the controls of the NC S zoning applicable to such uses, except for any prohibition on such use: (A) Flexible Retail Uses; (B) Social Service or Philanthropic Facilities,· and, Supervisor Stefani BOARD OF SUPERVISORS Page 3 {£'.LOther non residential uses Arts Activities. (2) Uses Not Permitted. Notwithstanding any other provision in this Code. the following uses shall not be permitted in the SUD: (A) Automotive Service: (B) Drive-Up Facility: and. (C) Mortuary. (3) Notwithstanding any other provision of this Code, the following uses shall require conditional use authorization pursuant to the provisions of Section 303: (A) Liquor Store; 1 O (B) Massage. Chair/Foot; and, (C) Neighborhood Agriculture. (4) In addition to the restrictions set forth in this subsection (c), the hours of operation for commercial uses within the SUD shall be from 6:00am to 12:00am. f-2-1 (5) Usable Open Space Requirements. Usable open space required under Section 135 has been designed on an SUD-wide basis. The open space requirement shall be met through a combination ofprivate and common usable open spaces, as defined in Section 135, that will be associated with individual buildings as well as approximately 5 6, 000 square feet ofprivately owned, publicly accessible parks and plazas that will be counted as common usable open space, provided such space is otherwise compliant with Section 135 Cg) and developed in accordance with the Development Agreement for the project, including without limitation, Schedule 1 (Community Benefits Linkages and impact Fee Schedule) thereof The open space plan depicted below in this subsection (c)(2) generally sets forth the approximate location and size ofsuch privately owned, publicly accessible open space. Accordingly, compliance with usable open space requirements for any building in the SUD shall be evaluated on a project-wide basis and for consistency with the terms of the Development Agreement. Upon expiration or termination of the Development Agreement, the then-applicable open space I Supervisor Stefani BOARD OF SUPERVISORS Page4 requirements of the Planning Code shall apply to any titture development, provided however, that any building which has satisfied its open space requirements in accordance with this subsection (c)(2) prior to the expiration of the Development Agreement shall be deemed to be Code-conforming as to open space requirements and shall not constitute a noncomplying structure or nonconforming use under the provisions of Article I. 7, notwithstanding the expiration of the Development Agreement. 3333 CALIFORNIA STREET SITE DIAGHAM: PUllLIC OPEN SPACE li1llfornl.1 l'l,11i1: •l,290 sr Cypress Stairs: I, /55 sf Cyprt•SS Squorn: 12, 052 sf Mily[alr Walk: 30, 605 sf Presidio Ovcilook: 10, •150 sl ~:;1;,~.~w~1~:~ 1r'7~i\ ( sf Walnut Drive: 6,904 sf W,1ln111Court:10, 9/1 ,r Euclid Green: I H,O<M sf TOTAL LANDSCAPE: 125, 226 SF Pine Street Steps In HOW: 7, 127 sf Wal1111t W<1lk In ROW: 5, 673 sf TOTAL IN HOW: 12, 800 SF •Alf lcx:;HkHH .-md rn1~.v:urnmnnt<. ;ur 1lpfHOXhlMll' f31 (6) Off-Street Parking. Article 1.5 of this Code shall apply to this SUD. except as follows: (A) Child Care Facility Parldng. Off-street parldng spaces for any child care facility shall be permitted at a rate of]. 5 parldng spaces for each nine children who could be accommodated in the child care facility under the applicable child care licensing requirements. (8) Affordable Housing Parking. Off-street parking spaces for any building containing residential uses. all of which are 100% affordable housing units (with the Supervisor Stefani BOARD OF SUPERVISORS Page 5 exception of the manager's unit), shall be permitted at a rate of no more than 0.5 parking spaces per unit. ~ (7) Inclusionary Housing. For so long as the Development Agreement is in effect, the affordable housing requirements of the Development Agreement shall govern. Upon expiration or termination ofthe Development Agreement, the then-applicable Inclusionary Affordable Housing requirements set forth in Planning Code Sections 415 et seq., as amended from time to time, shall apply to any fitture development, without reference to the date of any earlier development application. fB1 (8) Child Care Requirements. For so long as the Development Agreement is in effect, the Child Care requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the then-applicable Child Care requirements set forth in Planning Code Sections 414 and 414A et seq., as amended from time to time, shall apply to any fi1ture development, without reference to the date of any earlier development application. f@1 (9) Director Determination. During the term of the Development Agreement, all site and/or building permit applications for construction of new buildings or alterations of, or additions to existing structures ("Applications") submitted to the Department of Building Inspection shall be forwarded to the Planning Department for consistency review. For purposes of this subsection (c)(6), Applications do not include any interior modifications or alterations, provided however, that any such modification or alteration shall otherwise comply with the applicable requirements of the Planning Code. In no event may the Planning Director or Planning Commission approve an Application that is not in substantial conformance with this Section 249.86, the Development Agreement, or any conditional use authorization and planned unit development authorization. ff1(10) Discretionary Review. No requests for discretionary review shall be accepted or heard for projects within the SUD. Supervisor Stefani BOARD OF SUPERVISORS Page 6 Section 3. City Planning Commission Resolution 4109, November 13, 1952. Effective as of the effective date of this ordinance, City Planning Commission Resolution No. 4109, and all related conditions, stipulations, special restrictions, and other limitations imposed in connection with the 1952 re-classification of the property (Assessor's Block 1032, Lot A) (the "Property") from a First Residential District to a Commercial District shall no longer apply to the Property and is hereby extinguished. Section 4. The Planning Code is hereby amended by revising Special Use District Map SU03 of the Zoning Map of the City and County of San Francisco, as follows: Description of Property Assessor's Block/Lot 1032/033 Special Use District Hereby Approved 3333 California Street Special Use District Section 5. The San Francisco Planning Code is hereby amended by revising Sectional Map HT03 of the Zoning Map of the City and County of San Francisco, based on Assessor's Parcel Maps on the effective date of this ordinance, as follows: Description of Property Assessor's Parcel Block No. 1032, Lot 003 (an approximately 2.13 acre area of the northwestern portion of Lot 003 from California Street south approximately 215' and from Laurel Street east approximately 451.75') Supervisor Stefani BOARD OF SUPERVISORS Height and Bulk Height and Bulk Districts Hereby Districts to be Approved Superseded 40-X 45-X Page 7 Assessor's Parcel Block No. 1032, 40-X 67-X Lot 003 (an approximately 1.64 acre area of the northeastern portion of Lot 003 from California Street south approximately 197' and approximately 270.63' west of the northeastern most property corner along the California Street frontage) Assessor's Parcel Block No. 1032, 40-X 80-X Lot 003 (an approximately 0.69 acre area measuring approximately 190.25' by 158.39' centrally located within Lot 003 197' south of California Street) Assessor's Parcel Block No. 1032, 40-X 92-X Lot 003 (an approximately 1.54 acre area measuring approximately 190.25' by 182.72' centrally located on the eastern side of Lot 003 197' south of California Street) A pictorial representation of the above height and bulk districts on Assessor's Parcel Block 1032, Lot 3 is contained in Board of Supervisors File No. 190844. Section 6. Effective Date and Operative Date. Supervisor Stefani BOARD OF SUPERVISORS Page 8 (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 Project. A copy of said ordinance is on file with the Clerk of the Board of Supervisors in File No. 190845 APPROVED AS TO FORM: DENNIS/J.)4~RRERA, City Attorney f I ! I f·')r/) ,, r J~-r4-'/[ l /j: l/\ By: ,c~~bbWiJ:1f M~ :EA'R:soN Deputy City Attorney n:\legana\as2019\2000037\01405484.docx Supervisor Stefani BOARD OF SUPERVISORS Page City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190844 Date Passed: November 19, 2019 Ordinance amending the Planning Code and Zoning Map to create the 3333 California Street Special Use District; and making environmental findings, findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. October 21, 2019 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE October 21, 2019 Land Use and Transportation Committee - REFERRED WITHOUT RECOMMENDATION AS AMENDED November 05, 2019 Board of Supervisors - CONTINUED ON FIRST READING Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Excused: 1 - Brown November 12, 2019 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Ronen, Safai, Stefani, Walton and Yee Absent: 1 - Peskin November 12, 2019 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Ronen, Safai, Stefani, Walton and Yee Absent: 1 - Peskin November 19, 2019 Board of Supervisors - FINALLY PASSED City and County of San Prancisco Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 10:14 am 01111120119 File No. 190844 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 11/19/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 10:14 am on 11120119