Planning Code, Zoning Map - 3333 California Street Special Use District
Ord. No. 0275-19
in effectFILE 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
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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
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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
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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,
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{£'.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;
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(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
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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
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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.
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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')
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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.
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(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
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By: ,c~~bbWiJ:1f
M~ :EA'R:soN
Deputy City Attorney
n:\legana\as2019\2000037\01405484.docx
Supervisor Stefani
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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
References
amendsSec. 249.85
amendsSec. 249.86
amendsSec. 249.87
Source: sf_ordinance_pdfURL: https://sfbos.archive.sf.gov/sites/default/files/o0275-19.pdfFetched: 7/4/2026