Referral CEQA PC 121925

City Hall 1 Dr. Carlton B. Goodlett Place, Room 244 BOARD of SUPERVISORS San Francisco, CA 94102-4689 Tel. No. (415) 554-5184 Fax No. (415) 554-5163 TDD/TTY No. (415) 554-5227 MEMORANDUM Date: December 19, 2025 To: Planning Department/Planning Commission From: John Carroll, Assistant Clerk, Land Use and Transportation Committee Subject: Board of Supervisors Legislation Referral -File No. 251250 Planning Code, Zoning Map -Mission and 9th Street Special Use District ? California Environmental Quality Act (CEQA) Determination (California Public Resources Code, Sections 21000 et seq.) ? Ordinance /Resolution ? Ballot Measure ? Amendment to the Planning Code, including the following Findings: (Planning Code, Section 302(b): 90 days for Planning Commission review) ? General Plan ? Planning Code, Section 101.1 ? Planning Code, Section 302 ? Amendment to the Administrative Code, involving Land Use/Planning (Board Rule 3.23: 30 days for possible Planning Department review) ? General Plan Referral for Non-Planning Code Amendments (Charter, Section 4.105, and Administrative Code, Section 2A.53) (Required for legislation concerning the acquisition, vacation, sale, or change in use of City property; subdivision of land; construction, improvement, extension, widening, narrowing, removal, or relocation of public ways, transportation routes, ground, open space, buildings, or structures; plans for public housing and publicly-assisted private housing; redevelopment plans; development agreements; the annual capital expenditure plan and six-year capital improvement program; and any capital improvement project or long-term financing proposal such as general obligation or revenue bonds.) ? Historic Preservation Commission ? Landmark (Planning Code, Section 1004.3) ? Cultural Districts (Charter, Section 4.135 & Board Rule 3.23) ? Mills Act Contract (Government Code, Section 50280) ? Designation for Significant/Contributory Buildings (Planning Code, Article 11) Please send the Planning Department/Commission recommendation/determination to John Carroll at [email protected]. FILE NO. 251250 ORDINANCE NO. Supervisor Dorsey BOARD OF SUPERVISORS Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [Planning Code, Zoning Map -Mission and 9th Street Special Use District] Ordinance re-adopting the former Planning Code section and Zoning Map designation creating the Mission and 9th Street Special Use District (SUD) at 1270 Mission Street, located at Assessor’s Parcel Block No. 3701, Lot Nos. 20 and 21, of in the area generally bounded by Mission Street on the south, Laskie Street on the east, Assessor’s Parcel Block No. 3701, Lot Nos. 22, 23, and 24, on the west, and Assessor’s Parcel Block No. 3701, Lot No. 66 to the north; changing the height limit on Assessor’s Parcel Block No. 3701, Lot Nos. 20 and 21, within the SUD, from 120-X to 200-X; 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 making 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 New 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. General Findings (a) In 2017, in Ordinance Nos. 252-16 and 4-17, the City amended the San Francisco General Plan, Planning Code, and Zoning Map to create the Mission and 9th Street Special Use District, in the area generally bounded by Mission Street on the south, Laskie Street on the east, Assessor’s Block 3701, Lots 22, 23 and 24 on the west, and Assessor’s Block 3701, Supervisor Dorsey BOARD OF SUPERVISORS Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lot 66 to the north. The Mission and 9th Street Special Use District allowed for a mixed-use development project at 1270 Mission Street. The 1270 Mission Street project, located on the Mission Street transit corridor, included ground floor retail, and a mix of very-low, low, moderate, and market rate rental housing in a higher amount and in a different combination than what would otherwise have been allowed in the C-3-G zoning district and 120-X height district in which it was located. (b) An uncodified portion of Ordinance No. 4-17 provided that the ordinance expired by operation of law five years after its initial effective date (which was February 19, 2017), namely, February 19, 2022, unless the 1270 Mission Street project had received a first construction document on or before February 19, 2022, or the Board of Supervisors, on or before February 19, 2022, extended or re-enacted the ordinance. (c) The project sponsor made good faith efforts to obtain a first construction document for a project at 1270 Mission Street; however, for reasons out of the control of the project sponsor, including but not limited to the COVID-19 pandemic, the project sponsor was unable to receive a first construction document within the time provided by Ordinance 4-17. (d) By this ordinance, the Board of Supervisors re-adopts, without any material changes, Planning Code Section 249.15 -the Mission and 9th Street Special Use District -to allow the project sponsor to continue pursuing the project at 1270 Mission Street without delay. Section 2. Land Use and Environmental Findings (a) On August 24, 2016, prior to adopting Ordinance Nos. 252-16 and 4-17, the Planning Department's Environmental Review Officer finalized the Mitigated Negative Declaration ("MND") for the 1270 Mission Street Project, and determined that the MND was adequate, accurate, and complete and reflected the independent judgment of the Planning Supervisor Dorsey BOARD OF SUPERVISORS Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Department. A copy of the MND and this Determination is on file with the Clerk of the Board of Supervisors in File No. 161067. The Planning Commission adopted the MND and a Mitigation Monitoring and Reporting Program in its Motion Number 19767 on October 27, 2016. In Ordinance No. 4-17, this Board reviewed the MND and the record as a whole, and adopted and incorporated by reference, as though fully set forth therein, the findings, including the Mitigation Monitoring and Reporting Program, pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), adopted by the Planning Commission on October 27, 2016, in Resolution No. 19767. A copy of said Resolution No. 19767 is on file with the Clerk of the Board of Supervisors in File No. 161067 and is incorporated herein by reference. (b) The Board has reviewed the MND and Mitigation Monitoring and Reporting Program and finds, on the basis of substantial evidence and in light of the whole record, that there have been no changes to the project or its circumstances and no new information has become available since adoption of the MND that would alter the findings of the Planning Commission or this Board. (c) On October 27, 2016, the Planning Commission, in Resolution No. 19767, adopted findings that the actions contemplated in Ordinance No. 4-17 were consistent, on balance, with the City’s General Plan and eight priority policies of Planning Code Section 101.1, and that the amendments would serve the public necessity, convenience, and welfare pursuant to Planning Code Section 302. The Board adopted these findings as its own on January 10, 2017, in Ordinance No. 4-17. A copy of said Resolution and Ordinance is on file with the Clerk of the Board of Supervisors in File No. 161067. (d) On __________, the Planning Commission, in Resolution No. __________, 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 Supervisor Dorsey BOARD OF SUPERVISORS Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. __________, and is incorporated herein by reference. (e) 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 _________ and the Board incorporates such reasons herein by reference, as though fully set forth herein. A copy of Planning Commission Resolution No. _______ is on file with the Clerk of the Board of Supervisors in File No. ________. Section 3. Article 2 of the Planning Code is hereby amended by adding Section 249.15 to read as follows: SEC. 249.15. MISSION AND 9TH STREET SPECIAL USE DISTRICT. (a) In order to provide for a mixed use development project on the Mission Street transit corridor with ground floor retail, and an increased amount and unique combination of very-low, low, moderate, and market rate rental housing than what would otherwise be allowed in a C-3-G zoning district with a 120-X height limit, there shall be a Mission and 9th Street Special Use District (SUD) at 1270 Mission Street located at Lots 20 and 21 of Assessor’s Block 3701, as designated on Sectional Map SU07 of the Zoning Map. The exceptions to the applicable open space and floor area ratio requirements set forth below, the rezoning of the applicable height district set forth in the ordinance in Board File No. 251250 creating this Section 249.15, and the resulting increased number of Dwelling Units allowed by the SUD, shall be considered forms of assistance specified in Chapter 4.3 of the California Government Code. (b) Controls. All provisions of the Planning Code applicable to a C-3-G District shall apply except as otherwise provided in this Section 249.15(b). Supervisor Dorsey BOARD OF SUPERVISORS Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Inclusionary Housing Requirements For Buildings Taller than 120 Feet. In order to allow for the increased number of Dwelling Units and other exceptions to the Code provided by this Special Use District, on-site inclusionary Dwelling Units pursuant to Planning Code Section 415.6 shall be required. Notwithstanding the provisions of Section 415.6(a)(1) and (2), the number of inclusionary Dwelling Units constructed shall be 25% of all units constructed, with a minimum of 13.5% affordable to households whose total household income does not exceed 55% of Area Median Income for purposes of renting an affordable unit; 4% of the units affordable to low income households, defined in this subsection (b)(1) as households whose total household income does not exceed 70% of Area Median Income for purposes of renting an affordable unit; 4% of the units affordable to households earning 90% of Area Median Income for purposes of renting an affordable unit; and 3.5% of the units affordable to households earning 150% of Area Median Income for purposes of renting an affordable unit. If provided as rental units, the requirements of Section 415.5(g)(ii) shall apply. Except as expressly provided in this subsection (b)(1), all other provisions of Section 415 shall apply. (2) Inclusionary Housing Requirements For Buildings Less Than or Equal to 120 Feet. Section 415 shall apply in its entirety. (3) Open Space for Dwelling Units. Up to 40% of the usable open space required by Section 135 may be provided off-site, but shall be located within the SUD or within 900 feet of the boundaries of the SUD. Open space must be of one or more of the following types: (A) An unenclosed plaza at street grade, with seating areas and landscaping; (B) A terrace or roof garden with landscaping; (C) Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width, such as sidewalk widening or building setbacks; or Supervisor Dorsey BOARD OF SUPERVISORS Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D) Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by the Planning Code or other parts of the Municipal Code. (4) Floor Area Ratio. For projects that meet the requirements of subsection (b)(1), the floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Residential Uses as defined in Section 102. For all other projects, applicable floor area ratio limits shall apply. (c) This Section 249.15 shall expire by operation of law five years after its effective date unless the project described in subsection (a) has received a first construction document on or before that date, or the Board of Supervisors, on or before that date, extends or re-enacts this Section. Upon expiration of this Section, the City Attorney is authorized to cause the section to be removed from the Planning Code. Section 4. The Planning Code is hereby amended by revising Sheet SU07 of the Zoning Map as follows: Description of Property Use District to be Superseded Use District Hereby Approved Assessor’s Block 3701, Lots 20 and 21 C-3-G Mission and 9th Street SUD Section 5. The Planning Code is hereby amended by revising Sheet HT07 of the Zoning Map as follows: Description of Property Height/Bulk District to be Superseded Height/Bulk District Hereby Approved