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A Special Use District entitled the "Visitacion Valley/Schlage Lock Special Use District" is hereby established for a portion of the Visitacion Valley neighborhood and the Schlage Lock site within the City and County of San Francisco, the boundaries of which are designated on Sectional Map SU10 of the Zoning Maps of the City and County of San Francisco, and which includes properties generally fronting Bayshore Boulevard between Tunnel Avenue in the north and the San Francisco/San Mateo County line in the south, and properties fronting Leland Avenue between Bayshore Boulevard and Cora Street. The following provisions shall apply within the Special Use District:
(a) Purpose. This Special Use District is intended to facilitate the conversion of the vacant Schlage Lock site into a vibrant, transit-oriented mixed use development which will be a model of sustainability and to provide for infill development on vacant and underdeveloped properties along Bayshore Boulevard and Leland Avenue.
The Special Use District includes two zones - Zone 1 and Zone 2, as defined below. Within Zone 1, an increase of height and allowable density via form-based development controls will be required in order to achieve sufficient densities to support a transit-oriented development, to support certain neighborhood-commercial uses such as a moderate-sized supermarket, and to achieve the community's goals for a vibrant, well-designed model of sustainability. Within both Zones 1 and 2, in order to achieve a successful program, additional design guidelines will be required.
Therefore, the Visitacion Valley/Schlage Lock Design for Development and the Open Space and Streetscape Master Plan, both as adopted by the Planning Commission and periodically amended as provided herein, were developed to provide the specific Development Controls and Design Guidelines which, in cooperation with underlying San Francisco Planning Code requirements and the requirements of this Special Use District, will regulate development within the Special Use District and guide it towards the goals described above.
A Development Agreement, approved by the Board of Supervisors in Ordinance No. 149-14
, applies to Zone 1 of this Special Use District.
(b) Definitions.
"Development Agreement" shall mean the Development Agreement By and Between the City and County of San Francisco and Visitacion Development LLC, a Subsidiary of the Universal Paragon Corporation Relative to the Development Known as The Schlage Lock Development Project, approved by the Board of Supervisors in Ordinance No. 149-14
.
"Old Office Building" shall mean the existing historic building at the northern corner of Zone 1 and located at 2201 Bayshore Boulevard.
"Open Space and Streetscape Master Plan" shall mean the document adopted by the Planning Commission in Resolution No. 19163, approved by the Board of Supervisors as part of this Special Use District, and found in Clerk of the Board File No. 140445, and as may be amended from time to time. The Open Space and Streetscape Master Plan is herein incorporated by reference.
"Visitacion Valley/Schlage Lock Design for Development" or "Design for Development" shall mean the document adopted by the Planning Commission in Resolution No. 19163, approved by the Board of Supervisors as part of this Special Use District, and found in Clerk of the Board File No. 140445, and as may be amended from time to time. The Design for Development is herein incorporated by reference.
"Zone 1" shall have the meaning set forth in the Design for Development, and shall generally mean the Schlage Lock industrial site, located at the southern border of San Francisco where Bayshore Boulevard converges with Tunnel Avenue.
"Zone 2" shall have the meaning set forth in the Design for Development, and shall generally mean the segments of Bayshore Boulevard and Leland Avenue adjacent to the Schlage Lock site.
(c) Controls Generally. Development in the Special Use District shall be regulated by the controls contained in the Design for Development, as adopted by the Planning Commission and periodically amended, the controls specifically enumerated in this Section 249.45, and the Planning Code, to the extent such controls do not conflict with the Development Agreement. Where not explicitly superseded by definitions or controls established in the Design for Development or this Section 249.45, the definitions and controls of the Planning Code shall apply. All procedures and requirements of Article 3 shall apply to this Special Use District to the extent that they are not in conflict with this Section or the Development Agreement.
The Planning Commission may amend the Design for Development or the Open Space and Streetscape Master Plan upon initiation by the Planning Department or upon application by an owner of property within the Special Use District (or his or her authorized agent) to the extent that such amendments are consistent with this Special Use District, the General Plan, and the approved Development Agreement.
(d) Controls in Zone 2. Development in Zone 2 of the Special Use District shall be regulated by the relevant requirements of the Planning Code and shall generally conform to the Design Guidelines contained within the Design for Development. The Design Controls of the Design for Development shall not apply to development in Zone 2.
(e) Controls in Zone 1. Development in Zone 1 of the Special Use District shall be regulated by the controls contained in this Section 249.45(e) and the Design for Development. Where not explicitly superseded by definitions and controls established in this Section 249.45(e) or the Design for Development, the definitions and controls in this Planning Code shall apply except where those controls conflict with the Development Agreement. The following shall apply only in Zone 1 of the Special Use District:
(1) Impact Fees. Although the Mixed Use-General District (MUG) zoning designation is used in Zone 1, the Special Use District is located outside of the Eastern Neighborhoods Plan Area and therefore the Eastern Neighborhoods Impact Fees and Public Benefits Fund requirements set forth in Section 423 shall not apply.
(2) Use Requirements.
(A) Permitted and Conditional Uses. Uses are defined as set forth in Article 8 of this Code unless otherwise specified in this Section 249.45. Except as specifically set forth below, all uses principally permitted in the MUG are principally permitted and all uses requiring a conditional use approval in the MUG shall require a conditional use approval.
(B) Formula Retail Uses. Formula Retail uses as defined in Section 303.1, except those uses set forth in subsection (e)(2)(C) below, shall be principally permitted subject to the following requirements:
(i) Within 21 days of the filing of a building permit application for formula retail use and the determination by the Planning Department that the application is complete for the purposes of its review and complies with all relevant Planning Code provisions, including this Special Use District and the Design for Development, notice shall be mailed to owners and occupants within 300 feet of the subject property, anyone who has requested a block book notation, and the relevant neighborhood group list for Visitacion Valley for a 30-day public review and comment period. This notice shall comply with the noticing requirements of Section 312. During this public review period, members of the public may request a project sponsor-hosted public meeting to be held on or proximate to the proposed project site. Such a meeting is only required if at least two members of the public submit such a request in writing to the Planning Department. If such a meeting is required, it shall take place after the close of the public review period and prior to any decision by the Planning Director, or the Planning Commission if required, to approve such an application. A representative from the Planning Department shall attend any such meeting. Documentation that the meeting took place shall be submitted to the Planning Department consistent with the Department's pre-application meeting proof of meeting requirements and shall be kept with the project file. The Planning Director, or Planning Commission if required, shall not approve a formula retail project prior to any such required meeting.
(ii) The Planning Director shall retain the discretion to disapprove a proposed formula retail use, with the exception of those uses set forth in section (iii) below, based on but not limited to the following considerations: the concentration of formula retail uses in the area; the demand for the proposed goods or services; and the use mix and other uses within 1/4 mile of the proposed use.
(iii) Grocery stores, pharmacies, and financial services, except fringe financial services, shall be exempted from sections (i) and (ii) above.
(C) Prohibited Uses. The following uses shall be prohibited within this Special Use District:
(i) Auto repair services;
(ii) Office, except in existing buildings or as an accessory use to other permitted uses. The floor controls set forth in Section 803.9(f) for the MUG zoning designation shall not apply to office use in the Old Office Building or to the existing building located on Assessor's Block and Lot No. 5100-007;
(iii) Wholesale sales;
(iv) Motor vehicle repair;
(v) Automobile tow;
(vi) Storage and distribution;
(vii) Surface parking lots;
(viii) Commuter or park-and-ride parking, defined as any automobile parking in a garage or lot that is available for parking for longer than four hours and available for use by individuals who are not residents, workers, or visitors to the uses in the Special Use District or the immediate vicinity; and
(ix) Drive-through establishments.
(D) Temporary Uses. A temporary use may be authorized by the Planning Director for a period not to exceed 4 years if the Director finds that such use: (i) will not impede orderly development within the Special Use District; (ii) is consistent with this Special Use District, the Design for Development, Open Space and Streetscape Master Plan, and Development Agreement; and (iii) would not pose a nuisance to surrounding residential uses. In addition to those uses set forth in Section 205, such interim uses may include but are not limited to: mobile or temporary retail or food/beverage services; farmers' markets; arts or concert uses; temporary parking; and rental or sales offices incidental to new development. An authorization granted pursuant to this section shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only by action upon a new application.
(3) Density of Dwelling Units. Dwelling unit density shall be governed by the controls set forth in the Design for Development. The maximum number of dwelling units within Zone 1 shall be 1,679 units.
(4) Residential Affordable Housing Requirement. The provisions of Section 415 shall apply except as otherwise agreed to in the Development Agreement.
(5) Retail Size Limits. There shall be no retail size limits for grocery stores.
(6) Building Standards.
(A) Vertical Control for Office. Vertical floor controls for office set forth in Section 803.9 shall not apply in existing buildings on the site.
(i) Where the lot is level with or slopes downward from a street at the centerline of the building or building step, the measurement point shall be taken at the back of sidewalk level on such a street. The plane determined by the vertical distance at such point may be considered the height limit at the opposite (lower) end of the lot, provided the change in grade does not enable an additional story of development at the downhill property line. This takes precedence over Section 260(a)(1)(B).
(ii) Where the change in grade does enable an additional floor of development, height must be measured from the opposite (lower) end of the lot.
(iv) In addition to the exceptions listed in Section 260(b), the following shall also be exempt from the height limits:
(aa) Architectural elements related to design of rooftop open space, such as open air roof terraces, which shall not be enclosed, but may include partial perimeter walls if required for safety.
(bb) The corner portion of occupied space on the northeastern corner of Leland Avenue and Bayshore Boulevard may extend up to ten feet above the maximum height, provided: its dimension along each facade is no greater than the distance to the facade's nearest massing break or facade design feature used to reduce the building's visual scale on the floor below (see Design for Development, Massing Guideline 2); and it is part of a common, private open space consistent with Design Guideline 4 in the Private Open Space section of the Design for Development or is designed as a solarium per Section 134(f)(4).
(C) Building Bulk. Bulk and mass limitations shall be as follows:
(i) No building wall that fronts a street or other publicly accessible right-of-way may exceed a maximum continuous length of 100 feet without a massing break or change in apparent face. Massing breaks or changes in apparent face may be accomplished through the options set forth in the Design for Development.
(ii) Building facades shall incorporate design features at intervals of 20-30 feet (measured horizontally along the building facade) that reduce the apparent visual scale of a building. Such design features may include but are not limited to window bays, porches/decks, setbacks, changes to facade color, or building material.
(iii) The floor plates of upper floors of building, defined as the top 1-2 floors, shall have setbacks equal to a minimum of 15% of the floor plate size relative to the floor immediately below, except for those parcels designated as 10, 11, and 12 in the Design for Development where the minimum shall be 10%. A minimum of 1/3 of the required setback area shall be a full two stories in height, as set forth in the Design for Development.
(D) Unit Mix. At least 30 percent of the dwelling units in each building with residential uses shall contain at least two bedrooms.
(E) Front Setbacks. Front setbacks are not permitted along Bayshore Boulevard and Leland Avenue. Front setbacks are required along Raymond Avenue, where buildings shall be set back five to eight (5-8) feet. In all other areas, setbacks may range from zero to a maximum of eight (0-8) feet. The setback shall be consistent along major building bays.
(F) Required Ground Floor Commercial Frontages. Ground floor retail uses are required along the western sections of Leland Avenue, as described in the Design for Development, and as set forth in Design for Development Figure 2.2.
(G) Required Ground Floor Residential Entrances. Residential entrances are required to line streets, as described in the Design for Development, and as set forth in Design for Development Figure 2.2.
(H) Usable Open Space for Non-Residential Uses. Non-residential uses are not required to provide usable open space.
(I) Usable Open Space for Dwelling Units. Usable open space meeting the standards of Section 135 shall be provided for each dwelling unit in the following ratios: 60 square feet if private; or 50 square feet if common. Space in a public right-of-way, publicly-accessible pathways (as illustrated in Figure 2.4 of the Design for Development), or public open space required by the Development Agreement, including Leland Park, Visitacion Park, or Blanken Park (each as defined in the Design for Development), shall not be counted toward satisfaction of the requirements of this subsection.
(7) Off-Street Automobile Parking. Off-street accessory parking shall not be required for any use, and may be provided in quantities up to the maximum number of spaces specified in Table 1 below.
Table 1. Off-Street Parking Limits.
Use or Activity | Maximum Off-Street Car Parking Permitted as Accessory |
Residential | One per dwelling unit |
Grocery | One parking space per 333 gross square feet |
Retail | With the exception of grocery retail as set forth above, one parking space per 500 occupied square feet |
School, fitness or community center use | One parking space per 1,000 occupied square feet |
All other non-residential uses | One parking space per 750 occupied square feet |
(A) An individual building may exceed applicable accessory off-street parking ratios by up to 10% without being considered a Major Modification, Minor Modification, or otherwise inconsistent with the Special Use District or the Design for Development so long as the total maximum accessory off-street parking permitted for Zone 1 is not exceeded at full Zone 1 build out.
(B) Collective provision and joint use of required off-street parking. Off-street parking spaces for all uses other than residential shall be located on the same lot as the use served, as an accessory use; or within a distance of no more than 800 feet, consistent with the use provisions applicable to the district in which such parking is located.
(8) Car-Share Parking. Required car-share spaces available to a certified car-share organization meeting the requirements of Section 166 may be provided as follows: on the building site; or at an on-street or off-street location within 800 feet of the building site and clustered near key locations such as transit nodes or retail.
(9) Modifications to Building Standards. Modification of the controls set forth in this Section 249.45(e) and the Design for Development may be approved on a project-by-project basis as follows:
(A) No Modifications or Variances Permitted. No modifications or variances are permitted for the following standards: parking maximums or height limits. Except as explicitly provided in subsections 249.45(e)(9)(B) and (C) below, no other standard set forth in this Special Use District or in the Design for Development may be modified or varied.
(B) Major Modifications. A "Major Modification" is any deviation of more than 10 percent from any quantitative standard in this Special Use District or the Design for Development. A Major Modification may be approved only by the Planning Commission at a public hearing according to the procedures set forth in subsection 249.45(e)(11)(G), and the Planning Commission's review at such hearing shall be limited to the Major Modification. Without limitation, each modification listed below in Table 2. Major Modifications is a Major Modification.
Table 2. Major Modifications
Bulk and Massing. A deviation of more than 10 percent from any numerical standard set forth in Section 249.45(e)(6)(C) and the Massing Section (Controls 1-3) of the Design for Development. |
Ground Floor Entrances. A deviation of more than 10 percent from any dimensional standard set forth in the Residential Entrances & Retail Entrances controls in the Design for Development. |
Private Open Space. Modification of any numerical standard forth in Section 249.45(e)(6)(I) and the Private Open Space Section Controls of the Design for Development. |
Car Sharing. Modification of any car-sharing numerical standard set forth in Section 249.45(e)(8) and in the Off-Street Parking Requirements Section of the Design for Development. |
Public Realm. A deviation of more than 10 percent from any dimensional standard set forth in the Street and Pathway Design Controls Section and the Public Open Space Controls Section of the Design for Development. |
Notwithstanding any other provisions of this Section, the Planning Director may refer a proposed Modification, even if not otherwise classified as a Major Modification, to the Planning Commission as a Major Modification if the Planning Director determines that the proposed modification does not meet the intent of the standards set forth in the Design for Development. The Planning Commission may not impose conditions of approval that conflict with the Development Agreement.
(C) Minor Modifications. Any modification to the building standards of this Special Use District and contained in the Design for Development not considered a Major Modification pursuant to subsection (B) above shall be considered a Minor Modification. Except as permitted in accordance with subsection (B) above, a Minor Modification is not subject to review by the Planning Commission and may be approved by the Planning Director according to the procedures described in subsection 249.45(e)(11)(F).
(10) Development Phase Review and Approval. No application for an individual building project shall be approved unless it is consistent with and described in an approved Development Phase Application, as described in the Development Agreement. The Development Phase Approval process, as set forth in greater detail in the Development Agreement, is intended to ensure that all buildings within a phase as well as new infrastructure, utilities, open space and all other improvements promote the purpose of the Special Use District and meet the requirements of the Design for Development, the Open Space and Streetscape Master Plan, and the Infrastructure Master Plan. Each Development Phase Application shall include the design and construction of the appropriate adjacent and related street and public realm infrastructure, including implementation of all applicable mitigation measures, consistent with the Development Agreement, Design for Development, Open Space and Streetscape Master Plan, and any other supporting documents to the Development Agreement. Implementation of such improvements shall be subject to approval and review by the Planning Department and other relevant City agencies as set forth in the Development Agreement.
(11) Design Review and Approval. The design review process is intended to ensure that all new buildings within Zone 1, the public realm associated with each new building, and any community improvements exhibit high quality architectural design, promote the purpose of the Special Use District, and meet the requirements of the Design for Development and Open Space and Streetscape Master Plan. Design review by the Planning Department is required for the construction, expansion, or major alteration of or additions to all structures within this Special Use District, as well as construction of any parks over ½ acres in size that will not be acquired by the Recreation and Park Department.
(A) Pre-application Meeting. Prior to filing any site and/or building permit application, the project sponsor shall conduct a minimum of one pre-application meeting. The meeting shall be conducted at, or within a one-mile radius of, the project site, but otherwise subject to the Planning Department's pre-application meeting procedures, including but not limited to the submittal of required meeting documentation. A Planning Department representative shall attend such meeting.
(B) Staff Consistency Review. All site and/or building permit applications for construction of new buildings or major alterations of or major additions to existing structures within Zone 1 submitted to the Department of Building Inspection shall be forwarded to the Planning Department. The Planning Department shall review the applicable application to ensure consistency with this Special Use District, the Design for Development, and the Open Space and Streetscape Master Plan, and other relevant Planning Code requirements. Department staffs consistency review shall be completed within sixty (60) days of the Department's determination that the application is complete, including submission of such documents and materials as are necessary to determine such consistency, including site plans, sections, elevations, renderings, landscape plans and exterior material samples to illustrate the overall concept design of the proposed new buildings (or major alterations or additions) and such other materials as may be necessary or appropriate given the permit, including any modifications, sought. Any submission must also identify its consistency with, or effect on, any phasing or other requirements relating to any Public or Community Improvements.
(C) Notification. After staff review described in section (B) above and no less than 30 days prior to Planning Director or Planning Commission action on an application, notice will be provided according to Section 312.
(D) Post-Application Meeting for Site and Building Permit Applications and Parks and Public Open Space Subject to Design Review. The following requirement applies to applications for site and/or building permits and parks or other public open space subject to design review and approval under this Subsection 249.45(e)(11). During the 30-day public review period under this Subsection 249.45(e)(11), the project sponsor shall hold a public meeting on or proximate to the proposed project site. A representative from the Planning Department shall attend any such meeting. Documentation that the meeting took place shall be submitted to the Planning Department consistent with the Department's pre-application meeting proof-of-meeting requirements and shall be kept with the project file. The Planning Director, or Planning Commission if required, shall not approve a such a project prior to any such required meeting.
(E) Staff Report. Upon completion of staff consistency review, staff will issue a Staff Report to the Planning Director describing consistency of the proposed project with this Special Use District, the Design for Development, and the Open Space and Streetscape Master Plan, and other relevant Planning Code requirements, and stating a recommendation on any modifications, if any, being sought. Such Staff Report shall be delivered to the applicant no less than 10 days prior to Planning Director action on any application, including any Modification, and shall be kept on file for public review.
(F) Director Determination. The Planning Director's approval or disapproval of any such Application, along with any Minor Modification if applicable, shall be limited to a determination of its compliance with this Section, the Design for Development, and the Open Space and Streetscape Master Plan, as applicable. If the project is consistent with the quantitative standards set forth in the Special Use District, the Design for Development, the Open Space and Streetscape Master Plan, and the Infrastructure Plan, the Planning Director's discretion to approve or disapprove the project shall be limited to the project's consistency with the Design for Development and the General Plan. Prior to making a decision, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and Planning Commission on the design of the project, including the granting of any Minor Modifications, in accordance with the procedures of subsection (G)(ii) below.
(G) Approvals and Public Hearings.
(i) Except for projects seeking a Major Modification, the Planning Director may approve or disapprove the project design and any Minor Modifications based on its compliance with this Special Use District, the Design for Development, and the Open Space and Streetscape Master Plan.
(ii) Projects Seeking Major Modifications. The Planning Commission shall hold a public hearing for all projects seeking one or more Major Modifications and for any project seeking one or more Minor Modifications that the Planning Director, in his or her sole discretion, refers to the Commission. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the project design, including the granting of any Major or Minor Modifications.
(iii) Notice of Hearings. Notice of hearings required by subsection (ii) above shall be provided as follows: by mail not less than 10 days prior to the date of the hearing to the project applicant, to property owners and occupants within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and by posting on the subject property at least 10 days prior to the date of the hearing.
(12) Design Review and Approval of Community Improvements. To ensure that any Community Improvements (as defined in the Development Agreement) meet the Design for Development, the Open Space and Streetscape Master Plan, and the Infrastructure Plan requirements an application for design review shall be submitted to the Planning Department and design review approval granted by the Planning Director, or the Planning Commission if required, consistent with the Development Agreement before any separate permits are obtained for the construction of any Community Improvement within or adjacent to the Special Use District.
(13) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects within Zone 1.
(14) Appeal and Decision on Appeal. The decision of the Planning Director to grant or deny any project, including any Minor Modification, or of the Planning Commission to grant or deny any Major Modification, may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body. A decision of the Planning Commission with respect to a Conditional Use may be appealed to the Board of Supervisors in the same manner as set forth in Section 308.1.
AMENDMENT HISTORY
Editor's Note:
This section originally was designated 249.40 when enacted by Ord. 73-09. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section subsequently has been amended under its current number, as documented in the history note above.
This section originally was designated 249.40 when enacted by Ord. 73-09. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section subsequently has been amended under its current number, as documented in the history note above.