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(a) Purpose. In order to give effect to the Development Agreement for the Sunnydale HOPE SF development project as approved by the Board of Supervisors in an ordinance in Board File No. 161164, there shall be a Sunnydale HOPE SF Special Use District as designated on Sectional Map SU-11 of the Zoning Maps of the City and County of San Francisco. The purpose of the Special Use District is to allow a project that will replace the Sunnydale and Velasco public housing projects with a mixed-use and mixed-income development of affordable dwelling units in a number in excess of the existing public housing units, market-rate dwelling units, neighborhood commercial, and community facility uses, and new infrastructure improvements, including streets, sidewalks, utilities, and open spaces.
“Design Standards and Guidelines” shall mean the Sunnydale HOPE SF Design Standards and Guidelines adopted by the Planning Commission in Resolution No. 19790, approved by the Board of Supervisors as part of this Special Use District, and found in Board File No. 161162, and as may be amended from time to time. The Design Standards and Guidelines is herein incorporated by reference.
“Development Agreement” shall mean the Development Agreement By and Between the City and County of San Francisco and Sunnydale Development Company, LLC, a joint venture of Mercy Housing California and The Related Companies of California, approved by the Board of Supervisors in an ordinance in Board File No. 161164.
“Master Infrastructure Plan” or “MIP” shall mean the Sunnydale HOPE SF approved by the Board of Supervisors as part of the Development Agreement and found in Board File No. 161164, and as may be amended from time to time. The MIP is herein incorporated by reference.
(c) Development Controls. The controls contained in the Design Standards and Guidelines shall regulate development in the Sunnydale HOPE SF Special Use District, except for those controls specifically enumerated in this Section 249.75. Where not explicitly superseded by definitions established in the Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 of the Planning Code shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development Agreement. The Planning Commission may amend the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or any party to the Development Agreement, to the extent that such amendments are consistent with this Special Use District, the General Plan, and the Development Agreement. The Zoning Administrator may approve minor amendments to the Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within this Special Use District (or his or her authorized agent), or any party to the Development Agreement. For the purposes of this subsection (c), “minor amendments” shall be defined as amendments necessary to clarify omissions or correct inadvertent mistakes in the Design Standards and Guidelines and are consistent with the intent of the Design Standards and Guidelines, this Special Use District, the General Plan, and the Development Agreement.
(1) Zoning Designation. The applicable zoning designation shall be as set forth in Zoning Map ZN-11, consisting of the Residential, Mixed, Low Density (RM-1) district. The Planning Code provisions for the underlying RM-1 use district shall control except to the extent they conflict with the provisions of this Section 249.75. Notwithstanding the foregoing sentence, this Special Use District and the Design Standards and Guidelines shall apply only to construction and other activities that further implement the Sunnydale HOPE SF development project. For proposed activities other than implementation of the Sunnydale HOPE SF development project (e.g., changes of use in existing buildings, alterations to existing buildings prior to commencement of the project), the underlying RM-1 controls shall continue to apply.
(A) Permitted Uses. In addition to the uses permitted in the RM-1 district, those uses that are principally or conditionally permitted in a Small-Scale Neighborhood Commercial District (NC-2) use district shall be permitted in this Special Use District to the same extent as in a NC-2 district; provided, however, that Liquor Stores and Medical Cannabis Dispensaries shall not be permitted in this Special Use District and that Conditional Use size thresholds for Non-Residential Uses in an NC-2 District shall not apply to Institutional and Health Service uses. Public Facility uses shall be principally permitted.
(B) Ground Floor Uses. Notwithstanding anything in this Section 249.75 to the contrary, “active uses” as defined in Section 145.1(b)(2) or Health Service uses shall be required at the ground floor frontages along the west side of Hahn Street between Sunnydale Avenue and Center Street, as identified in the Development Agreement, and the south side of Sunnydale Avenue between Hahn Street and A Street, as identified in the Development Agreement; provided, however, that for purposes of this Section of the Special Use District, active uses shall exclude ground floor residential units.
(3) Dwelling Unit Density. The controls set forth in the underlying RM-1 use district shall govern dwelling unit density within the Special Use District. However, greater dwelling unit density than permitted by the underlying RM-1 use district may be provided on individual lots, as long as the overall density of the Special Use District does not exceed the density allowed by the underlying RM-1 zoning for the entire Special Use District, accounting for density that could be permitted as a Planned Unit Development pursuant to Section 304. The overall density limit shall be determined by the size and configuration of the lots within this Special Use District as they exist at the time of the adoption of this Special Use District.
(4) Building Standards.
(A) Building Height. The applicable height limits for this Special Use District shall be as set forth on Section Map HT-11 of the Zoning Map of the City and County of San Francisco. Height shall be measured and regulated as provided in the Design Standards and Guidelines and not as provided in Article 2.5 of the Planning Code, except that the exemptions to height limits set forth in Section 260(b) shall apply. Measurement of height may be modified through a Major Modification process.
(B) Building Bulk. Except as described in the Design Standards and Guidelines, there are no bulk limitations for this Special Use District.
(C) Building Setbacks. The applicable building setback requirements for this Special Use District shall be as set forth in the Design Standards and Guidelines and not as provided in Article 1.2 of the Planning Code.
(D) Open Space. The usable open space requirement shall be set at 80 square feet per unit. The Design Standards and Guidelines shall set forth the methods for satisfying the open space requirement.
(E) Sign controls. Sign controls for NC-2 Districts shall apply to the Special Use District for commercial establishments in-lieu of sign controls for the underlying use district.
(5) Off-Street Automobile Parking. There is no minimum off-street parking requirement for any use in this Special Use District. Upon completion of the Sunnydale HOPE SF Project, the number of off-street parking spaces within this Special Use District shall not exceed: one parking space per residential dwelling unit and one parking space per 500 square feet of occupied commercial, institutional, and community facility space. Car share parking spaces shall be provided in the amounts set forth in Section 166. Collective off-street parking pursuant to Section 160(a) shall be permitted such that the amount of parking on a particular lot may exceed the maximum parking allowed for uses on that lot so long as the amount of parking for the entire Special Use District does not exceed the overall maximum amount allowed.
(6) Bicycle Parking. Bicycle parking shall be provided as required by the Planning Code.
(7) Streetscape and Public Realm Requirements. In lieu of the requirements of Section 138.1, each building shall include the design and construction of the appropriate adjacent and related street and public realm infrastructure, consistent with the Development Agreement, Design Standards and Guidelines, and other supporting documents to the Development Agreement. Construction of such improvements shall be subject to approval and review by the Planning Department and other relevant City agencies as provided by the Development Agreement.
(8) Residential Affordable Housing Requirement. The provisions of Section 415 shall not apply, except as otherwise stipulated in the Development Agreement.
(d) Modifications to Building Standards. Modification of the Building Standards, including measurement of height, set forth in subsection (c) above and as outlined in the Design Standards and Guidelines may be approved on a project-by-project basis and according to the procedures of subsection (e).
The following Controls as provided in the Design Standards and Guidelines document cannot be modified:
DSG Control No. or Nos.
4.1 control 1, 2 and 3
7.1.1 control 1
6.1 control 1 and 2
7.1.7 control 2
7.1.8 control 1
Meters, Utilities and Trash
7.1.9 controls 2 and 3
Gates and Fences
7.1.11 control 1
7.1.13 control 1
Parking, Parking Entrances and Curb Cuts
7.2.2 control 1
The following Controls as provided in the Design Standards and Guidelines can only be modified through the Major Modification process as described in subsection (e)(4)(b), below:
DSG Control No. or Nos.
7.1.5 controls 1, 2, 3, and 4
7.1.7 controls 1 and 3
7.1.10 controls 1, 2, and 5
7.1.12 control 1
7.1.13 control 2
Parking, Parking Entrances and Curb Cuts
7.1.14 control 1
Usable Open Space
7.2.1 control 1
7.2.11 controls 1, 2, and 3
Block 15 & 16, 19 & 20, 23 & 24, and 28 & 29
7.2.12 controls 1, 2, and 3
Blocks 17 & 18 and 26 & 27
7.3 control 1 and 2
If a modification for any of the Controls in the Design Controls and Guidelines that are listed below is sought such that the modification would deviate by 10% or more from the quantitative standard, the Major Modification process described in subsection (e)(4)(B) would be required.
DSG Control No. or Nos.
7.1.1 controls 2 and 3
7.1.2 controls 1 and 2
7.1.3 controls 1 and 2
Lot Coverage / Rear Yard
7.1.4 controls 1 and 3
7.1.5 control 4
7.1.9 control 1
Gates and Fences
7.1.10 control 3
7.1.13 control 3, 4, and 5
Parking, Parking Entrances and Curb Cuts
For any other modification being sought from the Controls in Chapters 4, 6 and 7 of the Design Standards and Guidelines document, the Minor Modification process described in subsection (e)(4)(A), below, would be required.
(e) Project Review and Approval.
(1) Purpose. The design review process for this Special Use District is intended to ensure that new buildings within this Special Use District are designed to complement the aesthetic quality of the development, exhibit high quality architectural design, and promote the purpose of this Special Use District.
(2) Development Phase Approval. The Planning Department shall only approve applications for individual building projects that are consistent with and described in an approved Development Phase Application. 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 HOPE SF Program, the Special Use District and meet the requirements of the Sunnydale Development Agreement. The Planning Director shall act on a Development Phase Application within 60 days after a Development Phase Application is deemed complete upon his or her determination that the Development Phase Application is complete.
(3) Building Design Review and Approval. The construction, expansion, or major alteration of, or additions to, all structures within this Special Use District requires applications for design review described in this Section 249.75. Applications for design review may be submitted concurrently with or subsequent to a Development Phase Design Review Application. The owner or authorized agent of the owner of the property for which the design review is sought may file applications for design review. Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section. If Department staff does not so advise the applicant, and if the related Phase Application has been approved, the application will be deemed complete. The application shall include the documents and materials necessary to determine consistency with this Special Use District, the Design Standards and Guidelines, and the applicable requirements of the Development Agreement, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings, and conformance with any phasing plan. If any requests for a Major Modification or Minor Modification are sought in accordance with the allowances of this Section 249.75, the application shall contain a narrative for each modification sought that describes how the proposed project meets the full intent of the Design Standards and Guidelines and provides architectural treatment and public benefit that are equivalent to or superior to strict compliance with the standards.
(A) Pre-application Meeting. Not more than 6 months prior to filing a Building Design Review application, the project sponsor shall conduct a minimum of one pre-application meeting with the public. 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.
(B) Staff Design Review. The Department shall perform administrative design review for each application as further detailed in the Development Agreement. Department staff shall review the project to determine if it complies with this Special Use District, the Design Standards and Guidelines, the Development Agreement, an approved Development Phase Application, and any applicable mitigation measures. The Department shall complete the initial review and respond to the project sponsor within 60 days of receiving a complete application. The Department staff shall have 30 days to respond to any modifications or revisions submitted by the project sponsor after the submission of the initial application. Upon completing review, Department staff may draft a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications to the project. The staff report shall be delivered to the applicant no less than 14 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review. The Department shall provide public notice of the staff report and recommendation no less than 14 days prior to action on the application by the Planning Director or Planning Commission. Written notice shall be mailed to the notification group which shall include the project sponsor, tenants of the subject property, relevant neighborhood organizations as maintained by the Planning Department, and all individuals having made a written request for notification for the project site pursuant to Planning Code Section 351.
(4) Approvals and Public Hearings.
(A) Projects Not Seeking Major Modifications. 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 Standards and Guidelines, the Development Phase Design Review approval, and the findings and recommendations of the staff report. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Design Standards and Guidelines, the Planning Director’s discretion to approve or disapprove the project shall be limited to the project’s consistency with the qualitative elements of the Design Standards and Guidelines 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 Major Modifications, in accordance with the procedures of subsection (B) below. If a Major Modification is not sought, any Planning Commission review will be informational only, will be limited to the project’s consistency with the qualitative elements of the Design Standards and Guidelines, and will not result in any action by the Planning Commission.
(B) 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 as a Major Modification. 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.
(C) Notice of Hearings. The Department shall provide notice of hearings required by subsections (A) and (B) above as follows: (i) mail notice to the project applicant, property owners 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 residents within 150 feet of the exterior boundaries of the property that is the subject of the application, and any person who has requested notice by mail not less than 20 days prior to the date of the hearing; and (ii) post notice on the subject property at least 10 days prior to the date of the hearing.
(5) Design Review and Approval of Community Improvements. To ensure that any Community Improvements (as defined in the Development Agreement) meet the Design Standards and Guidelines and the Master Infrastructure Plan requirements, the project sponsor shall submit an application and receive approval from the Planning Department, or the Planning Commission if required, prior to obtaining any permits for the construction of any Community Improvement within or adjacent to the Special Use District. Design approval for major open space Community Improvements (not associated with an individual building or block development and not improvements that are to be owned and operated by the Recreation and Park Department on behalf of the City and County of San Francisco), along with any stand alone community center building shall be subject to the Design Review procedure set forth in subsection (e)(3), above. The Recreation and Park Department shall conduct Design Review for improvements owned and operated by, and under the jurisdiction of, that Department.
(6) Building Permit Approval by the Planning Department. The project sponsor shall notify the Department of Building Inspection when submitting a building permit application that the application must be routed to the Planning Department for review. Planning Department staff shall review the building permit application for consistency with the authorizations granted pursuant to this Section 249.75. The Department of Building Inspection shall not issue a building permit for work within this Special Use District unless Planning Department staff determines such permit is consistent with the standards set forth in the Design Standards and Guidelines, as they may be modified by a Minor Modification or a Major Modification, to the extent such standards regulate building design. The Design Review process described in this Special Use District and the Development Agreement shall supersede the review and notification process otherwise required by Section 311.
(7) Discretionary Review. The Planning Department shall not accept, and the Planning Commission shall not hear, requests for discretionary review for projects subject to this Section 249.75.
(8) Demolition of Dwelling Units. No mandatory discretionary review or Conditional Use authorization pursuant to Section 317 shall be required for the demolition of any residential dwelling unit within the Sunnydale HOPE SF Special Use District.
(9) Appeal and Decision on Appeal. Any person aggrieved by 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 appeal the decision to the Board of Appeals within 10 days after the date of the decision by filing a written notice of appeal with that body. Such notice must set forth the alleged error in the interpretation of the provisions of this Code or the Design Standards and Guidelines or the alleged abuse of discretion on the part of the Planning Director or Planning Commission, which error or abuse is the basis for the appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations placed on the Planning Commission or Planning Director by Charter, this Code, and the Development Agreement, approve, disapprove, or modify the appealed decision by a vote of four of its members. Notwithstanding anything to the contrary in the Business and Tax Regulations Code, if the determination of the Board differs from that of the Planning Director or Planning Commission, the Board of Appeals shall, in a written decision, make findings specifying the error of interpretation or abuse of discretion on the part of the Planning Director or Planning Commission, and the specific facts relied upon, that are the basis for the Board’s determination. As set forth in Section 308.1, the Board of Supervisors shall hear appeals of the Planning Commission’s Conditional Use decisions.
(10) Interim Uses. An interim use may be authorized by the Planning Director, pursuant to the Design Review procedures outlined in subsection (e)(3) of this Special Use District for a period not to exceed 5 years, if the Director finds that such use: (A) will not impede orderly development within the Special Use District; (B) is consistent with intent Special Use District and Development Agreement; and (C) 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: farmers’ markets, arts or concert uses, and rental or sales offices incidental to new development. Temporary or semi-temporary structures may be permitted under this subsection (10) for resident-serving community facilities such as wellness centers, or other improvements intended to facilitate phased development of the Project. An authorization granted pursuant to this subsection (10) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized only if the Planning Director approves the action after receiving a new application.