FILE NO. 170003
ORDINANCE NO. 83-17
[Planning Code, Zoning Map - Upper Market Street Districts]
Ordinance amending the Planning Code to revise Sectional Map ZN07 of the Zoning
Map to delete the Upper Market Street Neighborhood Commercial (NC) District and
reclassify Assessor's Parcel Block No. 2623, Lot No. 006, at 376 Castro Street and
Assessor's Parcel Block No. 2623, Lot No. 091, at 2416-2420 Market Street, from the
Upper Market NC District to the Upper Market Street Neighborhood Commercial Transit
(NCT) District; revising several sections of Article 4 to include the entirety of the Upper
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Market Street NCT District, including portions outside of the Market and Octavia Plan
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Area; affirming the Planning Department's determination under the California
Environmental Quality Act; making findings of consistency with the General Plan, and
the eight priority policies of Planning Code, Section 101.1; and adopting 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 Nev,; Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial 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)
The Planning Department has determined that the proposed amendments are
not defined as a project under the California Environmental Quality Act (California Public
Resources Code Sections 21000 et seq.) and CEQA Guidelines Section 15060(c)(2) and
15378 because they do not result in a physical change to the environment. The Board affirms
this determination.
Supervisor Sheehy
BOARD OF SUPERVISORS
Page 1
(b)
On September 29, 2016, the Planning Commission, in Resolution No. 19749,
adopted findings that the actions contemplated in this ordinance are consistent, on balance,
with the City's General Plan and the 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. 170003, and is incorporated herein by reference.
(c)
Pursuant to Planning Code Section 302, this Board of Supervisors finds that this
ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in
Commission Resolution No. 19749 and the Board incorporates such reasons herein by
reference.
Section 2. Planning Code is hereby amended by revising Sections 401, 416.3, 416.5,
[421.3, and 421.5, to read as follows:
SEC. 401. DEFINITIONS.
In addition to the specific definitions set forth elsewhere in this Article, the following
definitions shall govern interpretation of this Article:
* * * *
"Market and Octavia Program Area." The Market and Octavia Plan Area in Map 1
(Land Use Plan) of the Market and Octavia Area Plan of the San Francisco General Plan,
which includes those districts zoned RTO, NCT, or any neighborhood specific NCT, a few
!parcels zoned RH-1 or RH-2, and those parcels within the Van Ness and Market Downtown
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[Residential Special Use District (VMDRSUD). The Program Area~ also include& th§.
entirety of the Upper Market NC.I District, which inchtdespe:rcels one block ·,11est of the plan e:ree:
the:tfront },{arkct Street including any portions of such District that fall outside o(the Market and
I
Octavia Plan Area.
* * * *
Supervisor Sheehy
BOARD OF SUPERVISORS
Page2
~EC. 416.3. APPLICATION OF AFFORDABLE HOUSING FEE REQUIREMENT.
I
The requirements of Sections 415.1 through 415.9 shall apply in the Market and
~ctavia Plan Area and the entirety of the Upper Market NCI District in addition to the following
idditional affordable housing requirement:
!
* * * *
SEC. 416.5. USE OF FUNDS.
The additional affordable housing requirement specified in this Section for the Market
[and Octavia Plan Area and the Upper Market NCI District shall be paid into the Citywide
!Affordable Housing Fund, established in Administrative Code Section 10.100-49, but the
I !funds shall be separately accounted for. MOHCD shall expend the funds according to the
following priorities: First, to increase the supply of housing affordable to qualifying households
in the Market and Octavia Plan Area and the Upper Market NCI District; second, to increase
the supply of housing affordable to qualifying households within 1 mile of the boundaries of
the Plan Area and the Upper Market NCI District; third, to increase the supply of housing
affordable to qualifying households in the City and County of San Francisco. The funds may
also be used for monitoring and administrative expenses subject to the process described in
Section 415.5(f)
SEC. 421.3. APPLICATION OF COMMUNITY IMPROVEMENTS IMPACT FEE.
I
(a) Application. Section 421.1 et seq. sha II apply to any development project
!located in the Market and Octavia Program Area, as defined in Section 401.
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* * * *
ISEC. 421.5. MARKET AND OCTAVIA COMMUNITY IMPROVEMENTS FUND.
(a) Purpose. There is hereby established a separate fund set aside for a special
purpose entitled the Market and Octavia Community Improvements Fund ("Fund"). All monies
collected by DBI pursuant to Section 421.3(b) shall be deposited in the Fund maintained by
I
!supervisor Sheehy
isoARD OF SUPERVISORS
I
Page 3
lhe Controller. The receipts in the Fund shall be appropriated in accordance with law through
the normal budgetary process to fund public infrastructure and other allowable improvements
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ubject to the conditions of this Section.
(b) Use of Funds. The Fund shall be administered by the Board of Supervisors.
(1) Infrastructure. All monies deposited in the Fund shall be used to design,
engineer, acquire, improve, and develop neighborhood open spaces, pedestrian and
streetscape improvements, bicycle infrastructure, childcare facilities, and other improvements
that result in new publicly-accessible facilities and related resources within the Market and
Octavia Plan Area or within 250 feet of the Plan Area and within the Upper Market Street
Neighborhood Commercial Transit District,_ portions of which are located ffl-..outside the plan
area. Funds may be used for childcare facilities that are not publicly owned or publicly-
accessible. The improvements, where applicable, shall be consistent with the Market and
10ctavia Civic Streets and Open Space System as described in Map 4 of the Market and
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!Octavia Area Plan of the General Plan, and Market and Octavia Improvements Plan. The
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lfunds shall be allocated in accordance with Table 421.5A.
* * * *
Section 3. The Planning Code is hereby amended by revising Sectional Map ZN07 of
the Zoning Map of the City and County of San Francisco as follows:
Delete the Upper Market Street Neighborhood Commercial District.
Reclassify the following property:
Supervisor Sheehy
BOARD OF SUPERVISORS
Page 4
Description of Property
Block 2623, Lots 006
and 091
Use District to be
Superseded
Upper Market Street
Neighborhood
Commercial District
Use District hereby
Approved
Upper Market Street
Neighborhood Commercial
Transit District
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 . HERRERA, City Attorney
By:
n:\legana\as2016\1600865\01157176.docx
BOARD OF SUPERVISORS
Page 5
City and County of San Francisco
Tails
Ordinance
Ci1yHall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
170003
Date Passed: March 14, 2017
Ordinance amending the Planning Code to revise Sectional Map ZN07 of the Zoning Map to delete
the Upper Market Street Neighborhood Commercial (NC) District and reclassify Assessor's Parcel
Block No. 2623, Lot No. 006, at 376 Castro Street and Assessor's Parcel Block No. 2623, Lot No.
091, at 2416-2420 Market Street, from the Upper Market NC District to the Upper Market Street
Neighborhood Commercial Transit (NCT) District; revising several sections of Article 4 to include the
entirety of the Upper Market Street NCT District, including portions outside of the Market and
Octavia Plan Area; affirming the Planning Department's determination under the California
Environmental Quality Act; making findings of consistency with the General Plan, and the eight
priority policies of Planning Code, Section 101.1; and adopting findings of public convenience,
necessity, and welfare under Planning Code, Section 302.
February 27, 2017 Land Use and Transportation Committee - RECOMMENDED
March 07, 2017 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang and
Yee
Excused: 1 - Kim
March 14, 2017 Board of Supervisors - FINALLY PASSED
Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy,
Tang and Yee
File No. 170003
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
3/14/2017 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
City and County of Sw1 Fra;1cisco
Pages
Printed at I :38 pm on 3115117
