SEC. 249.33. VAN NESS & MARKET DOWNTOWN RESIDENTIAL SPECIAL USE DISTRICT.

   (a)   Purpose. There shall be a Van Ness & Market Downtown Residential Special Use District, which is comprised of the parcels zoned C-3-G in the Market Octavia Better Neighborhoods Plan area, and whose boundaries are designated on Sectional Map Nos. SU02 and SU07 of the Zoning Map of the City and County of San Francisco. This District is generally comprised of parcels focused at the intersections of Van Ness Avenue at Market Street and South Van Ness Avenue at Mission Street, along with parcels on both sides of Market and Mission Streets between 10th and 12th Streets. This District is intended to be a transit-oriented, high-density, mixed-use neighborhood with a significant residential presence. This area is encouraged to transition from largely a back-office and warehouse support function to downtown into a more cohesive downtown residential district, and serves as a transition zone to the lower scale residential and neighborhood commercial areas to the west of the C-3. A notable amount of large citywide commercial and office activity will remain in the area, including government offices supporting the Civic Center and City Hall. This area was initially identified in the Downtown Plan of the General Plan as an area to encourage housing adjacent to the downtown. As part of the city's Better Neighborhoods Program, this concept was fully articulated in the Market and Octavia Area Plan, and is described therein.

   (b)   Use Controls.

      (1)   Non-residential Uses. For newly-constructed buildings or additions which exceed 20 percent or more of an existing structure's gross floor area, non-residential uses are not permitted above the fourth story, and at least two occupied square feet of residential use shall be provided for each occupied square foot of non-residential use. In order to accommodate local government office uses near City Hall, publicly-owned or leased buildings or lots are exempted from the requirements of this Subsection.

      (2)   Residential Density. There shall be no density limit for residential uses by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, and exposure, as well as by the Market & Octavia Area Plan Fundamental Principals for Design, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. The limitations set forth in the Zoning Control Table for the district in which the lot is located shall not apply.

      (3)   Residential Affordable Housing Program. All projects in this District shall be subject to all the terms of Section 415 and following of the Inclusionary Affordable Housing Program. Notwithstanding the foregoing, projects within the Van Ness and Market Downtown Residential Special Use District shall at a minimum fulfill the requirements to the levels specified in this section. Should Section 415 require greater contributions to the affordable housing program, those requirements shall supercede this section. Proposed exceptions to these requirements due to hardships associated with construction type, specifically heights above 120 feet, are not applicable in this Special Use District because parcels are receiving an up zoning through increased density and benefits through the general transformation of the district to a transit oriented neighborhood with a mixed use character. Requirements and administration of this program shall follow the conditions outlined in Section 415 of this Code unless otherwise specified in this Section.

         (A)   Payment of Affordable Housing Fee. Except as provided in Section 415.5(g) of this Code, all development projects subject to Section 415 et seq. in the Van Ness Market Special Use District shall be required to pay an Affordable Housing Fee under Section 415.5 equivalent to 20 percent of the number of units in the principal project.

         (B)   Alternatives to Payment of Affordable Housing Fee. If a project sponsor both qualifies for and chooses to meet the requirements through an Alternative to the Program, the project sponsor may choose one of the Alternatives in Section 415.5(g).

            (i)   On Site Housing Requirements and Benefits. For projects that qualify for and choose to fulfill the requirements of Section 415 through the provision of onsite housing, the Planning Department shall require that 12 percent of all units constructed on the project site shall be affordable to qualifying households so that a project applicant must construct .12 times the total number of units produced in the principal project. If the total number of units is not a whole number, the project applicant shall round up to the nearest whole number for any portion of .5 or above.

            (ii)   Compliance Through Off-Site Housing Development. For projects that qualify for and choose to fulfill the requirements of Section 415 through the provision of off-site housing, the Planning Department shall require that 20 percent of all units constructed on the project site shall be affordable to qualifying households so that a project applicant must construct .20 times the total number of units produced in the principal project. If the total number of units is not a whole number, the project applicant shall round up to the nearest whole number for any portion of .5 or above.

      (4)   Open Space Provider. The off-site open space permitted by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly developed open space may count toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (A) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (B) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (C) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy.

         (A)   Off-Site Provision of Required Open Space. Up to 40 percent of usable open space required by Sections 135 and 138 may be provided off-site if it is within the SUD or within 900 feet of the project site and meets the standards described below for publicly accessible open space described below.

         (B)   Publicly-Accessible Open Space Standards.

         (C)   Open space must be of one or more of the following types:

            (i)   An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas according to the Market & Octavia Area Plan;

            (ii)   An unenclosed plaza at street grade, with seating areas and landscaping and no more than 10 percent of the floor area devoted to food or beverage service;

            (iii)   An unenclosed pedestrian pathway that meets the minimum standards described in Section 827(g)(3)(A)-(E) of this Code;

            (iv)   A terrace or roof garden with landscaping;

            (v)   Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width and conform to the Market & Octavia Area Plan, such as sidewalk widening or building setbacks; and

            (vi)   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 this Code, in accordance with the Market & Octavia Area Plan.

         (D)   Open space must meet the following standards:

            (i)   Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public;

            (ii)   Be appropriately landscaped;

            (iii)   Be protected from uncomfortable winds;

            (iv)   Incorporate ample seating and, if appropriate, access to limited amounts of food and beverage service, which will enhance public use of the area;

            (v)   Be well signed and accessible to the public during daylight hours;

            (vi)   Be well lighted if the area is of the type requiring artificial illumination;

            (vii)   Be designed to enhance user safety and security;

            (viii)   Be of sufficient size to be attractive and practical for its intended use; and

            (ix)   Have access to drinking water and toilets if feasible.

         (E)   Maintenance. Open spaces shall be maintained at no public expense, except as might be provided for by any community facilities district that may be formed. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 of this Code.

         (F)   Informational Plaque. Prior to issuance of a permit of occupancy, a plaque of no less than 24 inches by 36 inches in size shall be placed in a publicly conspicuous location outside the building at street level, or at the site of any publicly-accessible open space, identifying said open space feature and its location, stating the right of the public to use the space and the hours of use, describing its principal required features (e.g., number of seats, availability of food service) and stating the name and address of the owner or owner's agent responsible for maintenance.

         (G)   The Zoning Administrator shall have authority to require a property owner to hold harmless the City and County of San Francisco, its officers, agents and employees, from any damage or injury caused by the design, construction or maintenance of open space, and to require the owner or owners or subsequent owner or owners of the property to be solely liable for any damage or loss occasioned by any act or neglect in respect to the design, construction or maintenance of the open space.

      (5)   Lot Coverage. The rear yard requirements of Section 134 of this Code shall not apply. Lot coverage is limited to 80 percent at all residential levels except on levels in which all residential units face onto a public right-of-way. The unbuilt portion of the lot shall be open to the sky except for those obstructions permitted in yards per Section 136(c) of this Code. Exceptions to the 20 percent open area may be granted pursuant to the procedures of Section 309 for conversions of existing non-residential structures where it is determined that provision of 20 percent open area would require partial demolition of the existing non-residential structure.

      (6)   Floor Area Ratio.

         (A)   The maximum FAR allowed, except as allowed in this Section, shall be that described in Section 123(c), provided that it shall not be greater than 9:1. The definition of Gross Floor Area shall be that in Section 102 as of the date of approval of this Section 249.33, and shall include all Residential uses. The provisions of Section 124(g) of this Code shall not apply in this special use district.

         (B)   Floor Area Bonus Permitted for Public Improvements or In-lieu Contributions to the Van Ness and Market Neighborhood Infrastructure Fund and In lieu Contributions to the Citywide Affordable Housing Fund.

            (i)   The gross floor area of a structure or structures on a lot may exceed the maximum ratio described in Section 123(c) of this Code through participation in the Van Ness and Market Affordable Housing and Neighborhood Infrastructure Program, according to the procedures described in Section 424.

            (ii)   Notwithstanding the provisions of Sections 127 and 128 of this Code projects in this Special Use District are not eligible to acquire Transferable Development Rights from a Transfer Lot or Lots pursuant to the provisions of Sections 127 and 128 for that increment of FAR above the base FAR limit in Section 124 up to the maximum FAR described in Section 123(c). Instead, a project may pay to the City's Citywide Affordable Housing Fund thirty dollars ($30) per additional gross square foot for that increment of FAR above the base FAR limit in Section 124 up to the maximum FAR described in Section 123(c). Any monies deposited into the Citywide Affordable Housing Fund shall be administered as provided for in Section 415et seq.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 108-10, File No. 091275, App. 5/25/2010; Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (b)(3), (b)(6)(B)(i), and (b)(6)(B)(ii) amended; Ord. 56-13 , Eff. 4/27/2013. Divisions (b)(3)(B)(i) and (b)(6)(B)(ii) amended; Ord. 62-13 , Eff. 5/10/2013. Divisions (a), (b)(2), (b)(4), and (b)(6)(A) amended; Ord. 22-15, Eff. 3/22/2015.

Editor's Note:
   Ordinance 108-10 redesignated portions of this Sec. 249.33 as new Secs. 424 - 424.5.