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FILE NO. 180892 ORDINANCE NO. 289-18 [Planning Code - 1629 Market Street Special Use District] Ordinance amending the Planning Code to allow the use of affordable housing credits for a proposed development at 1629 Market Street; 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 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 font. Deletions to Codes are in strikethrough italics Times }lew Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\ria! 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) 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. 180892 and is incorporated herein by reference. The Board affirms this determination. (b) On October 11, 2018, the Planning Commission, in Resolution No. 20312, 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 1 01.1. 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. 180892, and is incorporated herein by reference. Supervisor Kim BOARD OF SUPERVISORS Page 1 (c) On October 11, 2018, the Planning Commission, in Resolution No. 20312, approved this ordinance, recommended it for adoption by the Board of Supervisors, and adopted findings that it will serve the public necessity, convenience, and welfare. Pursuant to Planning Code Section 302, 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. 180892, and is incorporated herein by reference. Section 2. Planning Code Amendment. Planning Code section 249.81 (c)(3) is amended as follows: (3) Affordable Housing. The following shall apply in lieu of any other inclusionary or affordable housing exactions set forth 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 for the life of the applicable building, except for 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 for the life of the building. As a result, the project will achieve approximately twenty eight percent (28%) affordability. Notwithstanding the fOregoing, Developer mav satisfY all or a portion ofthe twelve percent inclusionary requirements through the application of affordable housing credits as set fOrth in the Development Agreement. Section 3. 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 4. 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 Supervisor Kim BOARD OF SUPERVISORS Page 2 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: DENNIS J. HERRERAt City Attq . . // ;~'l /I g/ / • / I /' /1/ f/ By: t f ;C.~/l Cfla s Sulliv~o; Deputy City ~tt6rney n:\land\as2018\1700185\01302164.docx Supervisor Kim BOARD OF SUPERVISORS Page 3 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 180892 Date Passed: November 27, 2018 Ordinance amending the Planning Code to allow the use of affordable housing credits for a proposed development at 1629 Market Street; 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. October 29, 2018 Land Use and Transportation Committee- RECOMMENDED November 13, 2018 Board of Supervisors- PASSED ON FIRST READING Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee November 27, 2018 Board of Supervisors- FINALLY PASSED Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang and Yee File No. 180892 London N. Breed Mayor City and County of Smt Francisco Page 1 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 11/27/2018 by the Board of Supervisors of the City and County of San Francisco. f: Angela Calvillo Clerk of the Board Date Approved Printed at 11:47 am on 11/28118