Ordinance No. 0153-23
Ord. No. 0153-23
in effectFILE NO. 221164
ORDINANCE NO. 153-23
[Planning Code, Zoning Map - Van Ness & Market Residential Special Use District - Height
Increase for 98 Franklin Street]
Ordinance amending the Planning Code to revise the Van Ness & Market Residential
Special Use District to update the Option for Dedication of Land for development
projects to fulfill their inclusionary housing obligations; to revise the Zoning Map to
increase the maximum height for Assessor's Parcel Block No. 0836, Lot Nos. 008, 009,
and 013, at 98 Franklin Street, from 85-X // 120/365-R-2 to 85-X // 120/400-R-2; affirming
the Planning Department's determination 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 font.
Deletions to Codes are in strikethrough it€llics Times ,VeH1 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. CEQA 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. 221164 and is incorporated herein by reference. The Board affirms
this determination.
Supervisors Preston; Dorsey, Walton, Ronen, Peskin, Safai, Mandelman
BOARD OF SUPERVISORS
Page 1
(b) On May 21, 2020, the Planning Commission, in Resolution No. 20711, 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 on file with the Clerk of the
Board of Supervisors in File No. 221164, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 20711, and the Board adopts such reasons as
its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 221164 and is incorporated herein by reference.
Section 2. Article 2 of the Planning Code is hereby amended by revising Section
249.33, to read as follows:
SEC. 249.33. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT.
* * * *
(b) Use Controls.
* * * *
(16) Option for Dedication of Land.
(A) Development projects in this District may opt to fulfill the lnclusionary
Housing requirement of Section 415 through the Land Dedication alternative contained in
Section 419.6. The Land Dedication alternative is available for development projects within
the District under the same terms and conditions as provided for in Section 419.5(a)(2),
except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects
may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the
dedicated land could accommodate a total amount of units that is equal to or greater than
Supervisors Preston; Dorsey, Walton, Ronen, Peskin, Safai, Mandelman
BOARD OF SUPERVISORS
Page 2
35% of the units that are being provided on the principal development project site, as
determined by the Planning Department. Any dedicated land shall be at least partly located
within .J.one mile of the boundaries of either the Market and Octavia Plan Area or the Upper
Market NCT District.
(B) Notwithstanding the requirements of Section 419.5(a)(2)(H),
development projects dedicating land shall obtain the required letter from the Mayor's Office
of Housing and Community Development verifying acceptance of the dedicated land w-#hin no
later than 180 days following of the cffecti1.1e date &}this Special Use District or prior to Planning
Commission or Planning Department approval of the development project whiche 1.1er occurs
fes-t. 11/o property rn€ly be used for this land dedication option unless the A1Byor 's Office a/Housing end
Col'nmunity Devel-opment issues en ecceptence letter within this 180 day timeline. The Director of the
Mayor's Of/ice of Housing and Community Development may waive application of Section
419. 5(a)(2)(G).
(C) Development projects that elect to dedicate land pursuant to this
sectio,1 subsection (b)(l 6) may be eligible for a waiver against all or a portion of their affordable
housing fees under Sections 416 and 424 if the Planning Director determines that the land
acquisition costs for the dedicated land exceed the development project's obligations under
the fee option of Section 415. The Planning Director, in consultation with the Director of the
Mayor's Office of Housing and Community Development and the Director of Property, shall
calculate the waiver amount based on actual commercially reasonable costs to acquire the
dedicated land. If the Director of the Mayor's Office of Housing and Community Development
requests that the land dedication occur before the First Construction Document for the
development project, the waiver amount shall be increased by the reasonable value of the
City's early use of the dedicated land.
* * * *
Supeivisors Preston; Dorsey, Walton, Ronen, Peskin, Safai, Mandelman
BOARD OF SUPERVISORS
Page 3
Section 3. The Zoning Map is hereby amended by revising Height Map HT07, to read
as follows:
Block(s) and Lot(s)
Current Height Limit
Revised Height Limit
Assessor's Parcel Block No.
85-X II 120/365-R-2
85-X II 120/400-R-2
0836, Lots 008, 009, and
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. With the exception of the amendment of the Zoning
Map in Section 3 of this 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
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:
DAVID CHIU, City Attorney
By:
/s/ ANDREA RUIZ-ESQUIDE
ANDREA RUIZ-ESQUIDE
Deputy City Attorney
n :\legana\as2022\2300146\01639603.docx
Supervisors Preston; Dorsey, Walton, Ronen, Peskin, Safai, Mandelman
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
221164
Date Passed: July 25, 2023
Ordinance amending the Planning Code to revise the Van Ness & Market Residential Special Use
District to update the Option for Dedication of Land for development projects to fulfill their inclusionary
housing obligations; to revise the Zoning Map to increase the maximum height for Assessor's Parcel
Block No. 0836, Lot Nos. 008, 009, and 013, at 98 Franklin Street, from 85-X // 120/365-R-2 to 85-X //
120/400-R-2; affirming the Planning Department's determination 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.
July 10, 2023 Land Use and Transportation Committee - RECOMMENDED
July 18, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
July 25, 2023 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
File No. 221164
London N. Breed
Mayor
City and County of San Francisco
Page I
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
7/25/2023 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 8:48 am on 7/26/23
References
amendsSec. 249.33
amendsSec. 249.34
amendsSec. 249.35
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0153-23.pdfFetched: 7/4/2026