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(a) General. A Special Use District entitled the Executive Park Special Use District is hereby established for Assessor's Block 4991, Lots 024, 061, 065, 074, 075, 078, 085 and 086 and Assessor's Block 5076, Lots 012 and 013, generally bounded by Harney Way on the south, Highway 101 on the west, Executive Park Boulevard North on the north and Executive Park Boulevard East on the east, and is set forth in Sectional Map No. SU10 of the Zoning Map of the City and County of San Francisco.
(b) Purpose. The purpose of the Executive Park Special Use District (SUD) is to accommodate and encourage medium to high density, mixed-use, predominately residential development at the location of an existing office park. The new mixed-use development is envisioned to tie together the new development with existing and approved residential development north and east of the SUD, along with long-established neighborhoods to the west. The SUD provides controls tailored to Executive Park's unique circumstances: the existing area does not feature a fine-grained street and block pattern typical of San Francisco residential development adequate to serve the access, circulation and open space needs of the envisioned urban residential and mixed use neighborhood. Also, some portions of the area may become part of dedicated public right-of-way as a result of the anticipated future widening of Harney Way and redesign of on-ramps and off-ramps to Highway 101 at Alana Way and Harney Way. The SUD anticipates a new mixed-use, predominately residential neighborhood, with a fine-grained block and street pattern and new open space, and provides for the transfer of buildable density from portions of the area that may become part of dedicated public right-of-way to other parts of the area, among other provisions.
(c) Controls. The Planning Code provisions for the underlying use district shall control except as provided below.
(1) Executive Park Design Guidelines. In addition to the Planning Code provisions, developments in the SUD shall comply with the Executive Park Subarea Plan of the Bayview Hunters Point Area Plan of the General Plan, approved by the Board of Supervisors by Ordinance No. 143-11, on file with the Clerk of the Board of Supervisors in File No. 110624 and the Executive Park Design Guidelines as established by Planning Commission Resolution 18352, on file with the Clerk of the Board of Supervisors in File No. 110626 and incorporated into this Section by this reference. The Executive Park Design Guidelines also are on file with the Planning Department in File No. 2006.0422EMUTZ.
(A) Retail Sales and Service Uses as defined in Planning Code Section 102 are principally permitted at street level throughout the SUD when individual establishments are less than 10,000 square feet of gross floor area. Retail establishments equal to or greater than 10,000 square feet of gross floor area require Permit Design Review under Section 309.2 of this Code. Tenant spaces that are expanded to be 10,000 square feet or greater after initial approval will require addition review under Section 309.2.
(B) Ground floor retail is required at the two southern corners of the intersection of Executive Park Boulevard North and Thomas Mellon Circle. (Portions of Block 4991, Lots 085 and 086). For each corner, retail frontage is required for a minimum of 100 feet along Executive Park Boulevard North and 50 feet along Thomas Mellon Circle.
(C) Child-Care facilities as defined in Section 102 of this Code are principally permitted.
(D) Community Facilities and Private Community Facilities as defined in Section 102 of this Code are principally permitted.
(E) Non-accessory parking is not permitted.
(3) Required Residential to Non-Residential Use Ratio. Non-residential uses are limited to one occupiable square foot for every six occupiable square feet of residential use.
(4) Density Transfer.
(A) In accordance with the provisions of this Subsection, (i) the density allowed on Block 4991, Lots 024, 061, 065 and 078, and Block 5076, Lots 012 and 013, may be transferred to any other lot within the SUD north of Alana Way or north of the proposed Harney Way setback line and (ii) if the portion of Assessor's Block 4991, Lot 085 south of the Harney setback line becomes its own lot through a subdivision action, the new lot south of the setback line may transfer its density to any other lot north of Alana Way or north of the Harney setback line pursuant to the procedures described in this Subsection. The Blocks and Lots in the SUD and the location of the proposed Harney Way setback line are shown on the map in Figure 249.54(A). In addition, a detailed description of the Harney Way setback line is on file with the Clerk of the Board of Supervisors in File No. 110625 and incorporated into this Section by this reference.
(B) To transfer density, a Notice of Special Restriction ("NSR") must be recorded against lots that both provide and receive the density transfer. Prior to recording a NSR for a density transfer, the Planning Department must have verified that the density transfer proposed is authorized by this Subsection. The NSR shall explicitly state the square footage of the providing lot, and the maximum number of residential units and the maximum gross square footage of non-residential uses that are being forgone on the providing lot and transferred to the receiving lot or lots. If density is being distributed between more than one lot, the NSR shall explicitly state how much density each lot is receiving. The NSR must also explicitly state that by transferring density, the providing lot is foregoing all rights to develop on the providing lot the number of units and amount of non-residential square footage transferred. In all cases, lots receiving density transfers will continue to be subject to all relevant controls and guidelines notwithstanding new maximum allowed density. The NSR memorializing the transfer must be approved as to form by the City Attorney.
(5) Family Size Units. Section 207.6 applies to lots within the SUD.
(6) Harney Way Setback. No building shall be built on the southern side of the Harney setback line as shown on Figure 249.54(A) and described in the detailed description of the Harney Way setback line on file with the Clerk of the Board of Supervisors in File No. 110625. Residential and non-residential densities that would have otherwise been allowed south of the setback line may be applied to other portions of the lot or transferred to other lots within the SUD pursuant to Section 249.54(c)(4).
(7) Site Coverage. Rear yard provisions of Planning Code Section 134 do not apply. The maximum site coverage of any building is 75 percent of the site area as measured at the grade level of the building's main pedestrian entry and at each succeeding level or story of the building. The site area used to create new publicly accessible streets, will be credited toward the area required to be unbuilt when calculating the site coverage. The location of proposed new publicly accessible streets and resulting new formulated blocks are shown in Figure 249.54(B).
(8) Open Space. For all residential uses, 75 square feet of open space is required per dwelling unit. All residential open space must meet the provisions described in Section 135, except where modified through Design Review under Section 309.2. Open space requirements may be met with the following types of open space: "private usable open space" as defined in Section 135(a) of this Code, "common usable open space" as defined in Section 135(a) of this Code, and "publicly accessible open space" as defined in Section 135(h) and (i) of this Code, except that in the case of new publicly accessible streets, "publicly accessible open space" does not include the curb-to-curb area that is open to vehicles and includes only the sidewalk area. At least 36 square feet of open space per dwelling unit must be provided on-site. Exceptions to this requirement may be sought through the Section 309.2 approval process. For purposes of this Section "on-site" means the area within the new formulated blocks shown in Figure 249.54(B). On-site includes setback area, but not areas used to create new publicly accessible streets.
(9) Obstructions. Provisions in the Executive Park Design Guidelines shall be used in-lieu of Planning Code Section 136 in determining allowable obstructions.
(10) Off-Street Parking. The minimum off-street parking requirements set forth in Section 151 shall not apply. However, for the purpose of determining the maximum amount of parking allowed as an accessory use under Section 204.5, the amount of parking required by this Code shall be the amount specified in Section 151 for the use or activity.
(11) Parking Location in Building. Parking shall be located below the grade of the floor of the main pedestrian entrance to the building, with exceptions for (A) parking ingress and egress, and (B) parking spaces dedicated to car sharing, vanpools, and handicap accessible parking spaces. Notwithstanding the above, for sloping lots, building floor dedicated to parking may be partially above grade, if fully wrapped with active uses as defined by Planning Code Section 145.1.
(13) Car Sharing. The car sharing provisions of Planning Code Section 166 shall apply to lots within the SUD.
(14) Signs. Sign controls for NC-2 Districts shall apply to the SUD in-lieu of sign controls for the underlying use district.
(15) Streetscape and Other Infrastructure Improvements.
(A) General Requirements For New Publicly Accessible Streets and Improvements to Existing Streets. For each building or phase of development, all bordering streets, including proposed new publicly accessible streets as shown on Figure 249.54(B), shall be fully improved for the entire width of the right-of-way consistent with the Executive Park Subarea Plan and the Executive Park Design Guidelines. If a proposed building or phase does not directly connect with Thomas Mellon Drive, Executive Park Boulevard West, Executive Park Boulevard North or Executive Park Boulevard East, construction of the building or phase must also include right-of-way improvements leading to at least one of these streets. Said improvements must be completed and operational prior to the issuance of the first certificate of occupancy, whether temporary or final ("the time of occupancy"), as required by the conditions of approval for each building or phase of development.
(B) General Requirements for New Publicly Accessible Open Space. To provide adequate public open space, the Executive Park Subarea Plan and Executive Park Design Guidelines identify three new public open space areas in the SUD as shown in Figure 249.54(B). For any building or phase of development that is immediately adjacent to any of the three identified open spaces in the SUD as shown in Figure 249.54(B), the construction of the open space shall be completed to the satisfaction of the City prior to the issuance of any temporary or final certificate of occupancy. This requirement applies to the first such building or phase of development adjacent to the open space.
(C) Planning Commission approval of a building or phase under Section 309.2 shall incorporate conditions for each building or phase that clearly identifies which portions of the publicly accessible streets and open space in Figure 249.54(B) will be constructed pursuant to Subsections (A) and (B) above.
The Planning Commission may make exceptions to these General Requirements in formulating the related conditions of approval in extraordinary circumstances, such as but not limited to: (1) a subject right-of-way or open space is wholly or partially on a property under different ownership; or (2) strict adherence to the delivery schedule pursuant to the General Requirements would require a portion of a newly constructed right-of-way or open space to be demolished and reconstructed within two years given construction phasing.
In making such exceptions, the Planning Commission shall include conditions that will assure either of the following: (1) that the delivery of open space or right-of-way improvements otherwise generally required at the time of occupancy be delivered no more than two years after said occupancy as guaranteed by a letter of credit acceptable to the City Attorney's Office or other instrument providing a similar level of guarantee acceptable to the City Attorney's Office; or (2) delivery of other public improvements as described in the Executive Park Subarea Plan of equal or greater value at the time of occupancy of the related build or phase of development.
(D) Street improvements must comply with any applicable provisions of the San Francisco Charter or Municipal Code and adopted implementing regulations, including, without limitation, those contained in the City's Subdivision Code and Public Works Code regarding street lighting, sidewalk paving, stormwater management, landscaping and design of public structures.
(E) Conditions of approval of a building or phase within the SUD shall require the abutting property owner or owners to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the design, construction or maintenance of the improvements, and shall require the owner(s) and their successors and assigns of the respective property to be solely liable for any damage or loss occasioned by any act.
(F) Project Sponsors shall apply for all required permits for changes to the legislated sidewalk widths and street improvements and pay all required fees.