Planning Code, Zoning Map - 1629 Market Street Special Use District
Ord. No. 0241-17
in effectFILE 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
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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
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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
References
amendsSec. 249.80
amendsSec. 249.81
amendsSec. 249.82
amendsSec. 249.84
Source: sf_ordinance_pdfURL: http://sfbos.archive.sf.gov/sites/default/files/o0241-17.pdfFetched: 7/4/2026