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

Title 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. Version (Version 3) Amendment 1/14/2025 - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 25, by adding ‘(the “Fee Deferral Program”)’; on Page 6, Line 7, by adding ‘adoption of’, Lines 7-8, by changing ‘and fee payment deferral’ to ‘and Fee Deferral Program’, Line 10, by adding ‘and deferrals’, and Line 20, by changing ‘to’ to ‘or’; on Page 7, Line 24, by changing ‘in’ to ‘subject to’; on Page 8, Lines 3-5, by changing ’17.4%’ to ‘16.4%, and the rate of the fee per square foot shall be the rate applicable as of the effective date of the ordinance in Board File No. 240872, enacting this Section 249.99’, Line 9, by changing ’12.8%’ to ‘12%’ and ‘8.6%’ to ‘8%’, Line 10, by changing ‘2.1%’ to ‘2%’, Line 11, by changing ‘2.1%’ to ‘2%’, Line 16, by changing ’17.4%’ to ’16.4%’ and ‘10%’ to ‘9.4%’, Line 17, by changing ‘4.3%’ to ‘4%’, Line 18, by changing ‘3.2%’ to ‘3%’, and Line 19, by striking ‘415A and’; on Page 8, Line 21, through Page 9, Line 5, by adding ‘(5) For a project that has elected to pay the affordable housing fee pursuant to subsection (d)(1), the project shall be entitled to receive a waiver against all or a portion of such affordable housing fee. The amount of such waiver shall be calculated as follows: (i) the sum of Article 4 development impact fees paid by the project prior to the effective date of this ordinance; less (ii) 67% of the sum of the applicable Article 4 development fees where such fees are calculated using the fee rates in effect on May 21, 2020; and less (iii) the amount of interest accrued at a rate of 4.5% per annum, calculated on a daily basis for any partial year, on the fees paid by the project under (d)(5)(i), from the date the fees were paid until the effective date of the aforementioned ordinance. The Planning Director shall calculate the amount of the foregoing waiver.’; on Page 9, Lines 6-12, by striking the entirety of ‘subsection (e)’, and Line 21, by striking ‘Planning Code’; on Page 9, Line 24, through Page 10, Line 1, by striking ‘or (4) May 1, 2029, unless the project subject to this 30 Van Ness Special Use District has recommenced construction before such date’; and on Page 11, Lines 16-17, by striking ‘or (d) May 1, 2029, unless the project subject to this 30 Van Ness Special Use District has recommenced construction before such date’.