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In order to provide for affordable rental and or ownership opportunities for very low, lower, and/or moderate income households, there shall be a Third Street and Oakdale Avenue Affordable Housing Special Use District at 4800 Third Street located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, consisting of Lot 45 of Assessor's Block 5322, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district:
(a) Any developer of housing who agrees to construct at least 1) 20% of the total units of a housing development for lower income households; or 2) 10% of the total units of a housing development for very low income households; or 3) 20% of the total units in a condominium project for persons and families of moderate income shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property.
(b) For purposes of this Section, the following definitions shall apply:
(1) "Density bonus" shall mean a density increase of at least 29% over the otherwise maximum allowable residential density under the applicable zoning ordinance (one unit per 600 square feet of lot area), which is equivalent to an additional 4 units over the currently permitted 14 units.
(2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of very low, low, or moderate income.
(3) "Housing development" shall mean five or more dwelling units.
(4) "Lower income households" is defined in Section 50079.5 of the Health and Safety Code.
(5) "Very low income households" is defined in Health and Safety Code Section 50105.
(6) "Persons and families of moderate income" is defined in Section 1351 of the Civil Code.
(c) In this special use district all of the provisions of this Code applicable to residential development in an NC-3 Zoning District shall continue to apply, except as specifically provided in Subsection (d).
(d) In this special use district a modification to, exception from, or variance from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval and a zoning variance for a housing development subject to this Section may modify or grant the following modifications, exceptions, or variances to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1) through 303(c)(3) of this Code or that the variance satisfies the criteria of Section 305 of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing.
(1) A modification of or exception to the off-street parking requirements of Section 151 of this Code to allow a reduction in the number of required parking spaces to 11 spaces; and;
(2) A modification of or exception to the rear yard requirements of Section 134 of this Code to allow a rear yard in the form of an inner court.
(e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code under this Section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable.
(f) In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008 the controls of this Section 249.30 shall expire on January 1, 2009.
(Ord. 37-06, File No. 051563, App. 3/10/2006)
A Special Use District entitled "Japantown Special Use District," the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco is hereby established for the purposes set forth below.
(a) Purposes. In order to maintain the cultural and historic integrity and neighborhood character of Japantown, the Japantown Special Use District is established to:
(1) Preserve and develop Japantown as a viable neighborhood by revitalizing its commercial, recreational, cultural, and spiritual identity as a local, regional, statewide, national, and international resource;
(2) Enhance the distinctive image and unique character of Japantown to passing motorists, transit riders, and pedestrians through architectural design, streetscape enhancements, signage, and other elements of the built environment;
(3) Strengthen and support Japantown's identity through recognition of its planning subdistricts including the Geary Boulevard corridor; Japantown Center; Post Street commercial core; Sutter Street community/cultural core; Buchanan Mall; Fillmore Street corridor; and surrounding residential districts; and
(4) Encourage the representational expression of Japanese architectural design and aesthetic for commercial, cultural, and institutional uses.
(b) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within such Special Use District:
(1) Conditional Use Authorization. The following activities, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303.
(A) Use Size. The establishment of a new use or any change in use in excess of 4,000 gross square feet.
(B) Merger. The merger of one or more existing uses into a use in excess of 2,500 gross square feet.
(2) For any use subject to conditional use authorization and for any activity that the Planning Commission considers under its discretionary review power, the Planning Commission shall make the following additional findings:
(A) The use is not incompatible with the cultural and historic integrity, neighborhood character, development pattern, and design aesthetic of the Special Use District; and
(B) The use supports one or more of the purposes for establishing the Japantown Special Use District.
(3) Notice. Any change in use or establishment of a new use in the neighborhood commercial zones within this Special Use District shall require notice pursuant to section 312 and shall include a posted notice. Posted notice shall be in locations that the Zoning Administrator designates. Said locations shall be easily visible to members of the public and shall be posted, at a minimum, on Geary Boulevard, Post Street, and Webster Street, Fillmore Street, or Laguna Street.
AMENDMENT HISTORY
(a) Purpose. In order to facilitate the development of a mixed-use project including affordable and market-rate rental and ownership dwelling units, affordable senior dwelling units welcoming to the lesbian, gay, bisexual and transgender (LGBT) senior community, community facilities, open space and retail services generally consistent with the policies of the Market and Octavia Area Plan, approved by the Board of Supervisors on October 24, 2007 (the "Area Plan"), there shall be the Laguna, Haight, Buchanan and. Hermann Streets Special Use District, applicable to the two RM-3 and NC-3 zoned blocks bounded by Laguna, Haight, Buchanan and Hermann Streets, consisting of Assessor's Blocks 857 and portions of Assessor's Block 870. The following provisions shall apply within the Special Use District:
(b) Applicability. The provisions of this Special Use District shall only apply to projects which require conditional use authorization under Section 303 of this Code. In considering the appropriateness of conditional use authorization within the Special Use District, the Commission shall, in addition to the factors required by Section 303, consider the following factors:
(1) Parking. Consistent with the Area Plan, there shall be no minimum number of off-street parking spaces required for any use within the Special Use District. There shall be no more than 0.75 off-street parking space per unit, including dwelling units, senior dwelling units, which parking spaces may be located anywhere in the Special Use District. In addition, up to 51 replacement parking spaces may be provided in the Special Use District for the existing dental clinic located on Assessor's Block 870, Lot 3, provided that 15 of such spaces should be subject to a parking rate structure to encourage short-term use, and that the Project Sponsor AF Evans, or its successor, should use good faith efforts to agree with the owner of the dental clinic that any after tax revenue from such parking spaces should be used to support the indoor community facility; and provided that the owner of the dental clinic, within five years from the effective date of this ordinance, submits a plan consistent with Section 304.5 of this Code, for reuse of the dental clinic. The minimum number of parking spaces required for any commercial or community facility use set forth in Section 151 of this Code shall instead be the maximum number of spaces that can be provided for such commercial and community facility uses.
(2) Off-Street Parking Standards. The off-street parking standards for both residential and non-residential parking spaces set forth in the Area Plan shall be generally applied, including that: (A) no more than 20 feet per block frontage of any building may be devoted to off-street parking ingress and egress, and such ingress and egress is not located on a Transit Preferential Street, Citywide Pedestrian Network or designated Neighborhood Commercial Street where an alternative frontage exists; (B) off-street parking at or above the ground floor be set back at least 25 feet from any street exceeding a width of 30 feet and that active uses be provided along such street frontages within the required setback; (C) vehicle movement on or around the project does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; (D) accommodating off-street parking does not degrade the overall urban design quality of the project; (E) parking does not diminish the quality and viability of existing or planned streetscape enhancements; (F) for residential projects of 50 units or more, all residential accessory parking in excess of 0.5 spaces per unit is stored and accessed by mechanical stackers or lifts, valet, or other space-efficient means that reduces space used for parking and maneuvering, maximizes other uses, and discourages the use of vehicles for commuting for daily errands; (G) projects that provide 10 or more spaces for non-residential uses dedicate 5 percent of those spaces, rounded down, to short-term, transient use by vehicles from certified car sharing organizations per Section 166, vanpool, rideshare, taxis, or other cooperative auto programs; (H) retail uses larger than 20,000 square feet which sell merchandise that is bulky or difficult to carry by hand or by public transit offer door-to-door delivery services and/or shuttle service; (I) car-share parking spaces be offered in at least the minimum amounts set forth in Planning Code 166; (J) accessory non-residential parking spaces be available to the general public from the hours of 7:00 p.m. to 7:00 a.m. Monday through Friday, and at all times on Saturday and Sunday; and (K) parking spaces be leased or sold separately from the rental or purchase price of units.
(3) Loading. The minimum number of loading spaces required for any use as set forth in Section 152 of this Code shall instead be the maximum number of spaces that can be provided.
(4) Residential Density. The base residential density limits of the underlying zoning as set forth in the Zoning Control Table for the district in which the lot is located shall apply. For a project that exceeds those base density limits through a Section 304 planned unit development authorization, the policy of the Area Plan that 40 percent of on-site family units be two or more bedroom units shall apply.
(5) Impact Fees or In-Kind Provision of Community Infrastructure. The Planning Commission shall consider imposition of a community infrastructure impact fees or accept in lieu the in kind provision of community infrastructure improvements generally consistent with the priorities set forth in the Area Plan, including publicly accessible open space in excess of the residential open space requirements of this Code and an indoor community facility, of a value comparable to the Area Plan policies. In the event the Planning Commission does not accept in lieu the in kind provision of publicly accessible open space in excess of the residential open space requirements of this Code or an indoor community facility, such in kind open space and community facilities shall not otherwise be required to be provided by a project in the Special Use District. Should impact fees, rather than in kind provision of infrastructure improvements, be provided in whole or part, such fees shall be deposited in the Market & Octavia Community Improvements Fund as proposed to be established by the Area Plan. Fees deposited in the Market & Octavia Community Improvements Fund, as proposed to be established by the Area Plan, may be used to support the indoor community facility.
(c) Affordable Housing. Should the percentage of family and senior dwelling units in a project in the Special Use District proposed to be affordable to households of low- or moderate-income meet or exceed 35 percent of the total number of Dwelling Units in the project, the proposed amendments to Section 315.4(a)(1)(A), which can be found in Board of Supervisors File Nos. 071156 and 080255, imposing an additional affordable housing fee in the Market and Octavia Plan Area, shall not apply.
(d) Waller Street. The project sponsor shall gain approval for the use of Waller Street from the Board of Supervisors prior to issuance of a building or site permit.
(e) Expiration. If a site or building permit has not been issued and construction commenced on the mixed-use project described above, the provisions of this Special Use District shall expire five years from the effective date of this legislation.
(Added by Ord. 68-08, File No. 071002, App. 4/17/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Divisions (b)(2) and (b)(4) amended; Ord. 22-15, Eff. 3/22/2015.
(a) Purpose. There shall be a Van Ness & Market 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 9th and Division Streets. This District is intended to be a transit-oriented, high-density neighborhood with a significant residential presence and a mix of neighborhood-serving uses. New development and major expansions must be predominantly residential. Other non-residential uses that are allowed and encouraged, include arts, institutional, and retail uses. Retail controls allow for smaller retail use sizes in order to emphasize neighborhood-serving character. These uses compliment the transit rich infrastructure in the area, which includes the Van Ness MUNI Metro Station and the intersection of several major transit corridors including Van Ness, Market Street, Mission Street and other major bus lines. This area is encouraged to transition from largely a back-office and warehouse support function to downtown into a more mixed-use 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, at least three 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. Replacement of existing office uses on the same parcel and other Public Facility and Art Activities, as defined in Section 102, are exempt from the requirements of this subsection (b)(1).
(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 Principles 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 et seq. of the Inclusionary Affordable Housing Program. Notwithstanding the foregoing, projects within the Van Ness & Market 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 supersede 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 et seq. 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.
(B) Publicly-Accessible Open Space Standards.
(i) Open Space Types. Open space must be of one or more of the following types:
a. 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;
b. 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;
c. An unenclosed pedestrian pathway that meets the minimum standards described in Section 827(g)(3)(A)-(E) of this Code;
d. A terrace or roof garden with landscaping;
e. 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
f. 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.
(ii) Open space must meet the following standards:
a. 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;
b. Be appropriately landscaped;
c. Be protected from uncomfortable winds;
d. Incorporate ample seating and, if appropriate, access to limited amounts of food and beverage service, which will enhance public use of the area;
e. Be well signed and accessible to the public during daylight hours;
f. Be well lighted if the area is of the type requiring artificial illumination;
g. Be designed to enhance user safety and security;
h. Be of sufficient size to be attractive and practical for its intended use; and
(i)1 Have access to drinking water and toilets if feasible.
(C) 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.
(D) 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.
(E) Hold Harmless Requirement.
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 levels containing a dwelling unit or group housing bedroom. 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.
(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.
(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 415 et seq.
(7) Retail Use Size. Retail Uses shall be principally permitted up to 5,999 gross square feet and conditionally permitted if 6,000 gross square feet and above.
(9) Micro-Retail. “Micro-Retail” shall mean a Retail Use, other than a Formula Retail Use, measuring no less than 100 gross square feet, no greater than 1,000 gross square feet and a 10 foot minimum depth from the front façade.
(A) Applicability. Micro-Retail controls shall apply to projects with new construction or alterations to greater than 50% of an existing building if located on a lot of at least 20,000 square feet.
(B) Controls.
(i) Amount. Applicable development projects shall have at least one Micro-Retail unit for every 20,000 gross square feet of lot area, rounded to the nearest unit.
(ii) Location and Design. All Micro-Retail units shall be on the ground floor, independently and directly accessed from a public right-of-way or a publicly-accessible open space, and designed to be accessed and operated independently from other spaces or uses on the subject property. For projects adjacent to Privately Owned Publicly Accessible Open Spaces, free standing kiosks are allowed to meet this requirement through Planning Commission approval through a 309 exception.
(iii) Exemption. Any projects providing ground floor uses that are larger than 1,000 gross square feet and defined as Arts Activities, Child Care Facility, Community Facility, Public Facility, School or Social Service are exempt from the Micro-Retail requirement.
(iv) Exceptions. Exceptions to the micro-retail requirement may be granted pursuant to the procedures of Section 309.
(10) Accessory Parking. For projects that provide 25% or more on-site affordable housing units as defined in Section 415, accessory non-residential parking may be used jointly as accessory residential parking for residential uses within the same project, so long as the following criteria is met:
(A) the total number of independently accessible parking stalls (whether residential or non-residential) provided in such project shall not exceed the sum of the maximum amount of accessory residential and accessory non-residential parking spaces permitted by the Planning Code, and;
(B) the total number of parking spaces used as residential accessory parking shall not exceed 0.4 spaces per each Dwelling Unit.
(11) Cannabis-Related Land Uses. All cannabis-related uses, which includes Cannabis Retail (Retail Sales and Service Category), Medical Cannabis Dispensary, Industrial Agriculture, Agriculture and Beverage Processing 2, Light Manufacturing, Laboratory, Wholesale, or Parcel Delivery Service, as defined in Section 102 shall follow the land use controls of the NCT-3 Moderate-Scale Neighborhood Commercial Transit District, Section 752 of this Code.
(12) Living Roofs and Living Walls.
(B) Applicability. The requirements of this subsection (b)(12) shall apply to any building and development project that meet all of the following criteria:
(i) The development project lot size is 5,000 square feet or larger;
(iii) The building height is 120 feet or less.
(C) Requirements.
(i) Notwithstanding the requirements of Section 149, at least thirty percent of the roof area shall be covered by one or more Living Roofs.
(ii) The Living Roof shall be considered in determining compliance with the Stormwater Management Ordinance.
(iii) The Planning Department, after consulting with the Public Utilities Commission and the Department of the Environment, shall adopt rules and regulations to implement this subsection (b)(12) and shall coordinate with those departments to ensure compliance with the Stormwater Management Ordinance.
(iv) Projects that consist of multiple buildings may choose to locate the Living Roofs required in subsection (b)(12)(B)(i) on any rooftops within the subject project site, including on buildings that are not subject to these requirements, provided that the project as a whole provides the square footage of Living Roofs required by subsection (b)(12)(B)(i).
(v) Project sponsors are encouraged to incorporate vertical living walls on building facades, composed of climate-appropriate, native, and non-invasive plantings.
(D) Waiver. If the project sponsor demonstrates to the Zoning Administrator’s satisfaction that it is physically infeasible to meet the Living Roof requirements that apply to the project, the Zoning Administrator may, in their sole discretion and pursuant to the procedures set forth in Planning Code Section 307(h), reduce the requirement stated in subsection (b)(12)(B)(i) to what is required under Section 149.
(13) Option for In-Kind Provision of Transportation Sustainability Fee. Notwithstanding the requirements of Planning Code section 411A et seq., Development projects in this District may propose to provide transportation improvements to the City directly. In such a case, the City, at its sole discretion, may enter into an In-Kind Improvements Agreement with the sponsor of such project and issue a fee waiver for the TSF from the Municipal Transportation Agency Board of Directors (the “MTA” and the “MTA Board,” respectively), subject to the following rules and requirements:
(A) Approval criteria. The City shall not enter into an In-Kind Improvements Agreement unless the proposed in-kind improvements meet an identified community need and where they substitute for improvements that could be provided by the TSF Expenditure Program (as described in Section 411A.6). No physical improvement or provision of space otherwise required by the Planning Code or any other City Code shall be eligible for consideration as part of this In-Kind Improvements Agreement.
(B) Valuation. The Director of Transportation, in consultation with the Director of Planning, shall determine the appropriate value of the proposed in-kind improvements. For the purposes of calculating the total value, the development project shall provide the Planning Department and MTA with a cost estimate for the proposed in-kind improvement(s) from two independent sources or, if relevant, real estate appraisers. If the City has completed a detailed site-specific cost estimate for a planned improvement this may serve as one of the cost estimates, provided it is indexed to current cost of construction.
(C) Content of the In-Kind Improvements Agreement. The In-Kind Improvements Agreement shall include at least the following items:
(i) A description of the type and timeline of the proposed in-kind improvements;
(ii) The appropriate value of the proposed in-kind improvement, as determined in subsection (2) above; and
(iii) The legal remedies in the case of failure by the development project to provide the in-kind improvements according to the specified timeline and terms in the agreement. Such remedies shall include the method by which the City will calculate accrued interest.
(D) Approval Process. The MTA Board, with the advice of the Director of Planning and the Director of Transportation, must approve the material terms of an In-Kind Agreement. Prior to the parties executing the Agreement, the City Attorney must approve the agreement as to form and to substance. The Director of Transportation is authorized to execute the Agreement on behalf of the City. If the MTA Board approves the In-Kind Agreement, it shall waive the amount of the TSF by the value of the proposed In-Kind Improvements Agreement, as determined by the Director of Transportation and the Director of Planning. No credit shall be made for land value unless ownership of the land is transferred to the City or a permanent public easement is granted, the acceptance of which is at the sole discretion of the City. The maximum value of the In-Kind Improvements Agreement shall not exceed the required TSF.
(E) Administrative Costs. Development projects that pursue an In-Kind Improvements Agreement will be billed time and materials for any administrative costs that the Planning Department or any other City entity incurs in negotiating, drafting, and monitoring compliance with the In-Kind Improvements Agreement.
(14) Option for Provision of Affordable Housing Fees. Development projects in this District may pay the affordable housing fees required under sections 416 and 424 by choosing any of the alternatives set forth in Section 415.5(g), upon approval by the Planning Director and the Director of the Mayor’s Office of Housing and Community Development of the methodology to calculate the equivalency of the fees required under sections 416 and 424 to the alternatives set forth in Section 415.5(g). The Planning Department, in consultation with the Mayor’s Office of Housing and Community Development, is authorized to prepare rules or regulations to establish this methodology, and to bring those rules or regulations to the Planning Commission for inclusion in the Procedures Manual, as set forth in Section 415. Nothing in this subsection shall be interpreted to change any obligations established by contract with the City.
(15) Option for Income Levels of Affordable Units. Notwithstanding the provisions of Section 415.6(h), a project may use California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC) to help fund its obligations under Section 415.1 et seq. as long as the project provides 20% of the units as affordable to households at 50% of Area Median Income for on-site housing, or 10% of the units as affordable to households at 50% of Area Median Income and 30% of the units as affordable to households at 60% of Area Median Income for on-site housing. The income table to be used for such projects when the units are priced at 50% or 60% of Area Median Income is the income table used by MOHCD for the Inclusionary Affordable Housing Program, not that used by TCAC or CDLAC. Except as provided in this subsection (b)(15), all units provided under this Section must meet all of the requirements of Section 415.1 et seq. and the Procedures Manual for on-site housing, except that the requirement to provide moderate- and middle-income units under in Section 415.6(a) may be replaced with low income affordable units that satisfy TCAC requirements for 4% tax credits. If the number of affordable units required by Section 415.6 exceeds the number of affordable units required to use 4% tax credits, the project shall comply with higher requirement under Section 415.6 and the additional Inclusionary obligation above the tax credit units may be met by providing on-site affordable units equally distributed between moderate- and middle-income households as defined in Section 415.6.
(16) Option for Dedication of Land.
(A) Development projects in this District may opt to fulfill the Inclusionary Housing requirement of Section 415 through the Land Dedication alternative contained in Section 419.6. The Land Dedication alternative is available for development projects within the District under the same terms and conditions as provided for in Section 419.5(a)(2), except that in lieu of the Land Dedication Alternative requirements of Table 419.5, projects may satisfy the requirements of Section 415.5 by dedicating land for affordable housing if the dedicated land could accommodate a total amount of units that is equal to or greater than 35% of the units that are being provided on the principal development project site, as determined by the Planning Department. Any dedicated land shall be at least partly located within one mile of the boundaries of either the Market and Octavia Plan Area or the Upper Market NCT District.
(B) Notwithstanding the requirements of Section 419.5(a)(2)(H), development projects dedicating land shall obtain the required letter from the Mayor’s Office of Housing and Community Development verifying acceptance of the dedicated land no later than 180 days following Planning Commission or Planning Department approval of the development project. The Director of the Mayor’s Office of Housing and Community Development may waive application of Section 419.5(a)(2)(G).
(C) Development projects that elect to dedicate land pursuant to this subsection (b)(16) may be eligible for a waiver against all or a portion of their affordable housing fees under Sections 416 and 424 if the Planning Director determines that the land acquisition costs for the dedicated land exceed the development project’s obligations under the fee option of Section 415. The Planning Director, in consultation with the Director of the Mayor’s Office of Housing and Community Development and the Director of Property, shall calculate the waiver amount based on actual commercially reasonable costs to acquire the dedicated land. If the Director of the Mayor’s Office of Housing and Community Development requests that the land dedication occur before the First Construction Document for the development project, the waiver amount shall be increased by the reasonable value of the City’s early use of the dedicated land.
(17) Required Minimum Dwelling Unit Mix. Development projects in this District shall comply with Section 207.6.
(19) Projects with on-site affordable housing units provided pursuant to a Purchase and Sale Agreement with the City and County of San Francisco that are in excess of the amount required by Planning Code Section 415 may deviate from the building floor distribution requirements of Section 415.6(f)(1) by up to 15%.
(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; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021; Ord. 153-23, File No. 221164, App. 7/28/2023, Eff. 8/28/2023)
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. Divisions (b)(1)-(3) amended; divisions (b)(4)(C)-(C)(vi) and (b)(4)(D)-(D)(ix) redesignated as (b)(4)(B)(i)-(i)f. and (b)(4)(B)(ii)-(ii)i.; divisions (b)(4)(E)-(G) redesignated as (b)(4)(C)-(E); current divisions (b)(4)(B)(i), (b)(4)(B)(ii), (b)(4)(E), (b)(5), and (b)(6)(B)(i) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (a), (b)(1), (b)(3), and (b)(5) amended; divisions (b)(7)-(19), (c), and (d) added; Ord. 126-20, Eff. 8/31/2020. Division (b)(9)(B)(iii) amended; Ord. 111-21, Eff. 9/4/2021. Divisions (b)(16)(A)-(C) amended; Ord. 153-23, Eff. 8/28/2023.
CODIFICATION NOTE
In order to give effect to the Development Agreement for the Trinity Plaza Development Project, there shall be the Trinity Plaza Special Use District consisting of Assessor's Block 3702, Lots 039, 051, 052, and 053 and a portion of former Jessie Street between Seventh and Eighth Streets, as designated on Sectional Map No. SU01 of the City and County of San Francisco.
(a) Special Controls. The following controls shall apply within this Special Use District:
(2) Shadows on Public Sidewalks. The requirement regarding sunlight to public sidewalks set forth in Section 146 shall not apply.
(3) Exposure of Dwelling Units. Exceptions to the provisions of Section 140 of this Code regarding dwelling unit exposure to open areas may be granted through the process set forth in Section 309 in lieu of the process set forth in Section 305. An exception to the provisions of Section 140 shall only be granted upon a determination that the proposed design provides adequate access to air and light consistent with the intent of Section 140.
(b) The Development Agreement for the Trinity Plaza Development Project. This Special Use District is further subject to the restrictions and controls set forth in the Development Agreement for the Trinity Plaza Development Project, recorded against the property, as amended from time to time.
(Added by Ord. 90-07, File No. 061216, App. 4/27/2007; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Former division (a)(2) deleted and former divisions (a)(3) and (a)(4) redesignated as (a)(2) and (a)(3); Ord. 22-15, Eff. 3/22/2015.
(a) Findings. There are an unusually large number of establishments providing fringe financial services, including check cashing and payday lending, in the neighborhoods included in the Mission Alcoholic Beverage Special Use District, the North of Market Residential Special Use District, the Divisadero Street Alcohol Restricted Use District, the Third Street Alcohol Restricted Use District, and the Haight Street Alcohol Restricted Use Subdistrict. The unchecked proliferation of these businesses has the potential to displace other financial service providers, including charter banks, which offer a much broader range of financial services, as well as other desired commercial development in the City, which provides a broad range of neighborhood commercial goods and services.
(b) Establishment of the Fringe Financial Service Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the following defined areas, a noncontiguous Fringe Financial Service Restricted Use District (Fringe Financial Service RUD) is hereby established for the following properties:
(1) Properties in NC-1 and NCT-3 Districts, in the Broadway (Sec. 714), Castro Street (Sec. 715), Inner Clement Street (Sec. 716), Outer Clement Street (Sec. 717), Cole Valley (Sec. 742), Excelsior Outer Mission Street (Sec. 720), Fillmore Street (Sec. 747), Upper Fillmore Street (Sec. 718), Haight Street (Sec. 719), Lakeside Village (Sec. 727), North Beach (Sec. 722), Pacific Avenue (Sec. 726), Polk Street (Sec. 723), Sacramento Street (Sec. 724), Inner Sunset (Sec. 730), 24th Street – Noe Valley (Sec. 728), Union Street (Sec. 725), and West Portal Avenue (Sec. 729) Neighborhood Commercial Districts, and in the Divisadero Street (Sec. 759), Hayes-Gough (Sec. 761), Mission Street (Sec. 754), 24th Street – Mission (Sec. 763), Upper Market Street (Sec. 764), and Valencia Street (Sec. 762) Neighborhood Commercial Transit Districts;
(2) Properties in the Mission Alcoholic Beverage Special Use District, as described in Section 249.60 of this Code and as designated on Sectional Maps SU07 and SU08 of the Zoning Map of the City and County of San Francisco;
(3) Properties in the North of Market Residential Special Use District, as described in Section 249.5 of this Code and as designated on Sectional Maps SU01 and SU02 of the Zoning Map of the City and County of San Francisco;
(c) Restrictions.
(1) No new fringe financial services shall be permitted as a principal or accessory use in the Fringe Financial Service RUD.
(2) The controls of this Section 249.35 shall also apply within a ¼ mile of the Fringe Financial Service RUD.
(3) Outside of the Fringe Financial Service RUD and its ¼ mile buffer, fringe financial services shall be subject to the zoning controls set forth elsewhere in this Code, provided that, in addition, no new fringe financial service shall be permitted as a principal or accessory use within ¼ mile of an existing fringe financial service.
(d) Exemptions. The restrictions set forth in subsection (c) above shall not be interpreted to prohibit the following:
(1) A nonprofit fringe financial service; or
(2) Any other financial service use that is not a fringe financial service. Accordingly, any applicant for a financial service use shall provide the Planning Department with a true copy of the license issued to it by the State of California, demonstrating that such financial service operates under a license of a type distinct from that issued to a "check casher" as defined in California Civil Code section 1789.31, as amended from time to time; or to a "licensee" as defined in California Financial Code section 23001(d), as amended from time to time.
(1) A fringe financial service lawfully existing as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of fringe financial service, so long as otherwise lawful, may continue to operate only under the following conditions:
(A) Except as provided in Subsection 249.35(e)(2) below, the premises shall retain the same type of fringe financial service license within a license classification; and
(B) Except as provided in Subsection 249.35(e)(2) below, the fringe financial service shall be operated continuously, without substantial changes in mode or character of operation.
(2) A break in continuous operation shall not be interpreted to include the following, provided that, except as indicated below, the location of the establishment does not change, the square footage used does not increase, and the type of state license does not change:
(A) A change in ownership of a fringe financial service provider or a lawful transfer of a state license;
(B) Temporary closure for restoration or repair of an existing fringe financial service on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God; or
(C) Temporary closure of an existing fringe financial service provider for reasons other than total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God for not more than thirty (30) days for repair, renovation, or remodeling.
(f) Definitions. The following definitions shall apply to this Section 249.35.
(1) "Fringe Financial Service" as defined in Section 102 of this Code.
(2) A "nonprofit fringe financial service" shall mean a Fringe Financial Service that is exempted from payment of income tax under Section 23701(d) of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. Any such nonprofit Fringe Financial Service shall provide the Planning Department with a true copy(ies) of its income tax documentation demonstrating its exemption from payment of income tax under State and Federal Law.
(g) The Planning Department shall maintain information regarding the location of existing Fringe Financial Services located outside the Fringe Financial Service Restricted Use District, which information shall be presumed accurate. An applicant for a new Fringe Financial Service use may submit information to the Department to demonstrate that an existing fringe financial service use has closed or is otherwise not located within a one-quarter mile of the location of the proposed new Fringe Financial Service use.
(Added by Ord. 269-07, File No. 070671, App. 11/26/2007; amended by Ord. 75-08, File No. 071531, App. 5/9/2008; Ord. 261-13
, File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 227-14
, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 228-14
, File No. 120814, App. 11/13/2014, Eff. 12/13/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Divisions (a) and (b)(3) amended; former division (b)(6) deleted; Ord. 261-13
, Eff. 12/27/2013. Divisions (b)(1) through (5) amended; Ord. 227-14
, Eff. 12/13/2014. Divisions (b)(1) through (5) amended; Ord. 228-14
, Eff. 12/13/2014. New division (b)(1) added and former divisions (b)(1)-(3) redesignated as (b)(2)-(4); current division (b)(4) amended; former divisions (b)(4) and (b)(5) deleted; division (f)(1) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (b)(1) and (b)(4) amended; division (b)(5) added; Ord. 63-20, Eff. 5/25/2020.
(a) Purpose. In order to provide for the consideration of a neighborhood-serving grocery store of moderate size in a location accessible to the Hayes Valley and Western Addition neighborhoods, there shall be a Fulton Street Grocery Store Special Use District, consisting of Lots 001 and 058 through 198, inclusive of Assessor’s Block 0794, between Laguna and Octavia Streets, as designated on Sectional Map 2SU of the Zoning Map. This Special Use District would enable the consideration of a project containing a grocery store in a district that does not permit such uses. This Special Use District would conditionally permit a grocery store that is a formula retail use, in order to allow consideration of a grocery store that is affordable to the neighborhood. This one-time lift of the ban on formula retail is intended to support an affordable grocery store that is committed to serving and hiring from the neighborhood. According to the U.S. Census Bureau’s 2017 American Community Survey, the median household income in the surrounding neighborhood is $24,041, and over one-third of residents in the neighborhood live below the poverty line.
(b) Definition. “Grocery Store” shall mean a retail use that provides fresh produce and other unprepared perishable food products (such as dairy, fish, grains), in addition to other general groceries, personal items, household goods, and similar goods. The term “Grocery Store” includes General Grocery and Specialty Grocery uses.
(c) Application. This Special Use District shall apply only to projects that meet all of the following standards:
(1) The project is mixed-use, with both commercial and residential uses;
(2) Commercial uses include a Grocery Store larger than 15,000 square feet of gross occupied floor area; and
(3) Residential uses achieve a density of not less than 1 unit per 600 square feet of lot area.
(d) Controls. The following controls apply to projects meeting the criteria of subsection (c) and to any subsequent alterations or changes of use in a building approved under this Section 249.35A.
(1) The controls of the Hayes-Gough NCT apply in their entirety, except as specified in this Section.
(2) All formula retail uses are prohibited, except for a Grocery Store, which may be permitted as a formula retail use, as defined in Section 303.1, through Conditional Use Authorization pursuant to Section 303.1. Pursuant to the Planning Code, any such formula retail Grocery Store shall be subject to all provisions of Section 303.1, including but not limited to subsection (j) of Section 303.1.
(3) Accessory off-street parking shall not be permitted for any commercial use except the Grocery Store.
(4) All subsequent changes of use shall require Conditional Use authorization from the Planning Commission. The only Non-Residential Uses that may be permitted in the space initially approved for a Grocery tore1
shall include Trade Shop and Institutional Uses, excluding Medical Cannabis Dispensaries, and Hospitals, except that General Retail Sales and Services, Pharmacy, or General or Specialty Grocery uses may be permitted.
(5) In addition to the standard criteria for Conditional Use authorization, as set forth in Sections 303 and, if applicable, 303.1, a project sponsor proposing a Grocery Store shall also present information about the affordability of food for the Commission’s consideration. The Commission shall consider such information, as well as whether the project sponsor can demonstrate that the proposed Grocery Store will accept payment assistance, as set forth below.
(A) Acceptance of Payment Assistance. The project sponsor shall describe the proposed Grocery Store’s commitment to accept payment from individuals through assistance programs including but not limited to the United States Department of Agriculture’s (USDA) Supplemental Nutritional Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other similar public assistance programs.
(B) Food Affordability Projection. The project sponsor shall prepare a projection of food affordability at the proposed location and submit it for review by the Planning Commission. The projection shall consist of current retail pricing for a sampling of everyday grocery items that represent all categories within the market basket of foods maintained by the USDA’s Center for Nutrition Policy and Promotion for their Official USDA Food Plans.
(6) Signs shall be subject to the requirements of Article 6 of this Code, except that allowable business signs for the Grocery Store shall be limited to the following:
(A) Window Signs. The total area of all window signs, as set forth in Section 602.1(b), shall not exceed 10% of the area of the window on or in which the signs are located. Such signs may be non-illuminated.
(B) Wall Signs. The total area of all wall signs shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated or indirectly illuminated.
(C) Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as set forth in Section 602.1(a), shall not exceed 24 square feet. The height of such sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. No part of the sign shall project more than 75% of the horizontal distance from the street property line to the curbline, or six feet six inches, whichever is less. Such signs may be non-illuminated or indirectly illuminated.
(D) Signs on Awnings and Marquees. Sign copy may be located on permitted awnings or marquees in lieu of wall signs. The area of such sign copy as set forth in Section 602.1(c) shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. Such sign copy may be non-illuminated or indirectly illuminated.
(E) Freestanding Signs and Sign Towers. Freestanding signs or sign towers per lot shall not be permitted.
(e) Effectiveness of Controls in this Special Use District. The controls of this Section 249.35A shall apply only to a Grocery Store that the Planning Commission approves pursuant to the requirements of this Section 249.35A within 5 years of the effective date of the ordinance in Board File No. 190839 amending this Section.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 4-14
, File No. 131085, App. 2/4/2014, Eff. 3/6/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 254-19, File No. 190839, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)
AMENDMENT HISTORY
Divisions (b) and (d)(4) amended; new division (d)(5) added; division (e) amended; Ord. 4-14
, Eff. 3/6/2014. Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Division (d)(4) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (a)-(d), (d)(2)-(d)(4), and (e) amended; new divisions (d)(5)-(d)(5)(B) added; former divisions (d)(5)-(d)(5)(E) redesignated as (d)(6)-(d)(6)(E); Ord. 254-19, Eff. 12/16/2019. Division (d)(4) amended; Ord. 63-20, Eff. 5/25/2020. Division (e) amended; Ord. 136-21, Eff. 9/4/2021.
CODIFICATION NOTE
Editor's Note:
This section originally was designated 249.34 when enacted by Ord. 72-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended multiple times under its current number, as documented in the history note above.
This section originally was designated 249.34 when enacted by Ord. 72-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended multiple times under its current number, as documented in the history note above.
In recognition of existing large parcels where a limitation on office square footage per lot would be proportionally inappropriate, to accommodate office space for activities that require space outside of downtown, to provide affordable office space to small firms and organizations which may be engaged in incubator businesses and microenterprises, and to accommodate office space in relation to the agglomeration of internal, telecommunications and related utility uses in the immediate area, there shall be a Design and Development Special Use District applied to certain portions of the South Basin area west of Third Street, and to parcels on Third Street near the intersections of Cargo Way, Custer Avenue, Davidson Avenue, Evans Avenue, and Egbert Avenue, as shown on Sectional Map 10 SU of the Zoning Map. The following provisions shall apply within such special use district:
(a) Except as described below, the specific use definitions and controls for PDR-1 and PDR-2 Districts, as detailed in the District's Zoning Control Table, shall apply to lots within this Design and Development SUD, including the accessory use provisions contained in Section 204.3 of this Code.
(b) Any Office use is permitted, limited to a floor area ratio of 0.25 of gross floor area to 1 square foot of lot area notwithstanding the office use size limitations of the PDR-2 District. In no case shall office use be limited to less than the size allowed in a PDR-2 District as detailed in the District's Zoning Control Table; nor shall it exceed a total of 50,000 square feet of gross floor area per lot.
(c) An Office use above the amount permitted in Section 249.35B(b) of this Code is permitted provided that it shall be limited to the following activities:
(1) design activities, including but not limited to architectural, graphic, interior, product, and industrial design;
(2) Business Service as defined in Section 102 of this Code;
(3) ancillary office activities related to internet, telecommunications, electronic networking or data storage service and maintenance;
(4) digital media and arts.
(d) For all Office use square footage greater than the amount permitted under 249.35B(b), a Notice of Special Restriction shall be executed by the Zoning Administrator and recorded in the Office of the County Recorder, specifying that the office activities are limited to the uses permitted under Planning Code Section 249.35B(c).
(e) For all Office use square footage greater than the amount permitted under 249.35B(b) of this Code, each individual business shall be limited to 5,000 square feet of gross floor area.
(f) Off-street parking spaces shall be provided in the minimum amounts as follows:
(2) for office uses permitted under Section 249.35B(c), 1 space for every 2,500 square feet of occupied floor area.
(Added by Ord. 99-08, File No. 080339, App. 6/11/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015.
Editor's Note:
This section originally was designated 249.34 when enacted by Ord. 72-08 and was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended under its current number, as documented in the history note above.
This section originally was designated 249.34 when enacted by Ord. 72-08 and was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended under its current number, as documented in the history note above.
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; repealed by Ord. 202-21, File No. 210497, App. 11/12/2021, Eff. 12/13/2021)
(a) Purpose. The purpose of the Innovative Industries Special Use District is to provide affordable office space to small firms and organizations which are engaged in innovative activities, including incubator businesses and microenterprises.
(b) Geography. The boundaries of the Innovative Industries Special Use District are shown on Sectional Map No. 8SU of the Zoning Map.
(c) Controls. All provisions of the Planning Code currently applicable shall continue to apply, except that:
(1) office uses shall be principally permitted uses on all stories above the ground story.
(2) retail uses shall be subject to the size controls applicable in the Urban Mixed Use District, as stated in Sec. 843.45.
(Added by Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011)
AMENDMENT HISTORY
(a) Purpose. The South of Market (SoMa) Youth and Family Special Use District is intended to expand the provision of affordable housing in the area defined below. In addition, this zoning is intended to protect and enhance the health and environment of youth and families by adopting policies that focus on certain lower density areas of this District for the expansion of affordable housing opportunities. The findings of Planning Code Section 419.1 concerning the provision of affordable housing are incorporated herein by reference.
(b) Geography. The general boundaries of the SoMa Youth and Family Special Use District are Natoma Street on the north, Harrison Street on the south, 4th Street on the east, and 7th Street on the west. The Special Use District is more particularly identified in the Zoning Map.
(c) Controls.
(1) For the entire Special Use District, all provisions of the Planning Code shall continue to apply, except for the following:
(i) Religious Facilities;
(ii) Bars;
(iii) Liquor Stores;
(iv) General Entertainment;
(v) Restaurants;
(vi) Adult Entertainment;
(vii) Nighttime Entertainment;
(viii) Movie Theaters;
(ix) Private Parking Lots and Public Parking Lots; and
(x) Private Parking Garages and Public Parking Garages.
(B) The Land Dedication alternative is available for any project of 55 feet or more under the same terms and conditions as provided for in Section 419 et seq.
(C) In addition to the controls above, the following provisions shall apply to all properties that are not tangent to the following streets: Howard Street, Harrison Street. Folsom Street, 4th, 5th, 6th and 7th Streets: Any project subject to Section 415 et seq. in excess of 45 feet in height within this Special Use District shall be subject to the Tier C affordable housing requirements of Sections 419 et seq.
(Added as 249.40A by 302-08, File No. 081333, App. 12/19/2008; amended by Ord. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; redesignated and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
AMENDMENT HISTORY
Added as Sec. 249.40A; Ord. 302-08. Divisions (c)(1)(A)(ii) and (c)(1)(A)(v) amended; former division (c)(1)(A)(vi) deleted and former divisions (c)(1)(A)(vii)-(xi) redesignated as (c)(1)(A)(vi)-(x); Ord. 75-12, Eff. 5/23/2012. Divisions (a) and (c)(1)(B) amended; former divisions (c)(2) and (c)(2)(A) redesignated as (c)(1)(C) and amended; Ord. 62-13, Eff. 5/10/2013. Divisions (c)(1)(A)(ii), (c)(1)(A)(iii), and (c)(1)(A)(v) amended; Ord. 129-17, Eff. 7/30/2017. Section redesignated; divisions (c)(1)(A)-(c)(1)(A)(x) amended; Ord. 70-23, Eff. 6/3/2023.
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