Planning Code, Zoning Map - 30 Van Ness Avenue Special Use District; Amendment of Agreement for Sale of Real Estate

Summary

Ordinance amending the Planning Code and Zoning Map to create the 30 Van Ness Avenue Special Use District, in the area generally bound by Fell Street to the north, Market Street to the east and south, and Van Ness Avenue to the west; modifying the Notice of Special Restrictions related to inclusionary housing obligations under the Agreement for Sale of Real Estate between the City and 30 Van Ness Development LLC; 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 public necessity, convenience, and welfare findings under Planning Code, Section 302.

Motion

Moved by

Aaron Peskin

Motion text

Member Peskin moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Lines 15-20, to read 'To improve feasibility of the Project and in consideration of the impact fees already paid, the City agrees to (1) modify the requirements of Planning Code Section 415 et seq. for the Project through the creation of a new Special Use District applicable to the Property, and (2) modify the requirements of the NSR, to allow Developer to pay the Affordable Housing Fee, or to provide on-site or off-site Affordable Units at a reduced percentage;' on Page 7, Lines 23-25, to read 'Inclusionary Housing Requirements. The provisions of Section 415 et seq. as amended or replaced from time to time, shall apply to projects in the 30 Van Ness Avenue Special Use District, except as follows:;' on Page 8, Lines 1-18, by inserting '(1) If a project sponsor elects to pay the affordable housing fee under Section 415.5, the project shall comply with the requirements set forth in Section 415.5(b)(1), except that the applicable percentage shall be 17.4%. (2) If a project sponsor elects to provide on-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.6(a), except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 12.8%. Project sponsors shall ensure that a minimum of 8.6% of the Affordable Units are affordable to low-income households, 2.1% of the Affordable Units are affordable to moderate-income households, and 2.1% of the Affordable Units are affordable to middle-income households. (3) If a project sponsor elects to provide off-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.7, except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 17.4%. Project sponsors shall ensure that a minimum of 10% of units are affordable to low-income households, 4.3% are affordable to moderate-income households, and 3.2% are affordable to middle-income households. (4) The provisions of Sections 415A or 415B shall not apply to projects in this 30 Van Ness Special Use District;' on Page 8, Lines 19-25, to read '(e) Except as provided in subsection (d), any on-site affordable units provided in the project under any state or local program, including those programs set forth in Section 206 et seq., shall comply with the requirements of Section 415 et seq., including but not limited to, the requirement to enter a Regulatory Agreement with the City pursuant to Section 206.6(f), as amended from time to time, and any other adopted policies or procedures generally applicable to on-site affordable units, including the Procedures Manual;' on Page 9, Lines 9-14, to read 'Sunset Provision. This Planning Code Section 249.99, shall expire by operation of law at the earlier of (1) the City’s refund of development impact fees under Section 405; (2) upon issuance of a Temporary Certificate of Occupancy; (3) upon issuance of a Certificate of Final Completion by the Department of Building Inspection for the project in subsection (b)(1), or (4) May 1, 2029, unless the project subject to this 30 Van Ness Special Use District has recommenced construction before such date;' on Page 10, Lines 3-5, to read 'the Board of Supervisors approves Developer’s request to modify the NSR to amend the inclusionary housing obligations of the NSR if the project meets the requirements set forth in Planning Code Section 249.99;' on Page 11, Lines 5-5, by inserting ') or (d) May 1, 2029, unless the project subject to this 30 Van Ness Special Use District has recommenced construction before such date;' and making conforming and clerical amendments throughout the ordinance text. The motion carried by the following vote:

Vote