SEC. 249.9. STONESTOWN SPECIAL USE DISTRICT.

(a) Purpose and Boundaries. A Special Use District entitled the “Stonestown Special Use District” (SUD) is hereby established, generally bounded by Eucalyptus Drive to the north, 19th Avenue to the east, San Francisco State University (SFSU) Campus to the south, and Buckingham Way to the west, and excluding the existing Stonestown Galleria Mall, in the southwest part of San Francisco. The boundaries of the existing Stonestown Galleria Mall are more fully described in Exhibit A-5 to the Development Agreement. The precise boundaries of the SUD are shown on Sectional Map SU13 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Stonestown Development Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 240410. The Project will provide several benefits to the City, such as a significant amount of publicly accessible open space, increased public access throughout the site, childcare facilities, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community.

(b) Relationship to Design Standards and Guidelines. The Stonestown Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21565, and as may be periodically amended, sets forth standards and guidelines applicable within the SUD and are incorporated here by reference. A copy of the DSG is on file with the Board of Supervisors in File No. 240410 and is available on the Planning Department’s website. This SUD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SUD and the DSG, this SUD shall prevail. The Planning Commission shall review and approve amendments to the DSG, provided, however, the Planning Director may approve minor amendments to the DSG. For the purposes of this subsection (b), “minor amendments to the DSG” shall be defined as amendments that are necessary to correct omissions or inadvertent mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement.

(c) Relationship to the Development Agreement. This SUD shall be read and construed consistent with the Development Agreement. All development within the Project Site that is subject to the Development Agreement must comply with the applicable requirements of the Development Agreement for so long as the Development Agreement remains in effect for the applicable development.

(d) Relationship to Other Planning Code Provisions. The provisions of this SUD and the DSG shall supersede the Planning Code in its entirety, with the result that the Planning Code shall not apply in the SUD, except with respect to: (1) Planning Code definitions as specified in subsection (e) below; (2) Planning Code sections adopted or amended in connection with this Special Use District as follows: Section 105 (Zoning Maps), Section 201 (Use Districts), Section 249.9 (Stonestown Mixed-Use Special Use District), Section 263.36 (Stonestown Mixed Use Height and Bulk District), and Section 608.10 (Stonestown Mixed-Use Special Sign District); (3) Article 1.7 (Compliance) of the Planning Code; (4) Article 3 (Zoning Procedures) of the Planning Code, subject to the limitations set forth in this Section 249.9; (5) Article 4 (Development Impact Fees and Project Requirements that Authorize the Payment of In Lieu Fees) of the Planning Code, subject to the limitations set forth in subsection (h)(19) of this Section 249.9; and (6) any other section of the Planning Code referenced in this SUD or in the DSG (but only to the extent set forth and for the purposes stated in this SUD or the DSG).

If there is a conflict between any otherwise applicable provision of the Planning Code and this SUD, this SUD shall prevail, except as to any voter-adopted initiatives in effect as of the effective date of this SUD and, once the Development Agreement is no longer in effect, all applicable voter-adopted initiatives. If there is a conflict between otherwise applicable portions of the Planning Code and a standard or guideline in the DSG as of the effective date of this SUD, the standard or guideline in the DSG as of the effective date of this SUD shall prevail. If there is a conflict between otherwise applicable portions of the Planning Code and a standard or guideline in the DSG that has been amended after the effective date of this SUD, the applicable Planning Code provision shall prevail over such amended standard or guideline unless this SUD provides that the DSG governs that standard or guideline, in which case the DSG as amended shall prevail.

Later amendments to the Planning Code sections referenced in the SUD shall apply where not in conflict with this SUD or DSG (as set forth above) or the Development Agreement.

(e) Definitions. Any capitalized term used in this SUD and not otherwise defined in this SUD shall have the meaning ascribed to it in the DSG, if it is defined in the DSG. If a term is not explicitly defined in this SUD or the DSG, the definitions elsewhere in the Planning Code shall apply. Later amendments to the Planning Code definitions used in this SUD or the DSG shall apply where not in conflict with the SUD, or the DSG, or the Development Agreement. In addition to the specific definitions set forth elsewhere in this SUD, the following definitions shall govern interpretation of this SUD:

“Applicant” means the owner, or authorized agent of the owner of a development parcel.

“Base Zone” means the base of the building, defined by the ground floor or up to the third floor if podium parking is included.

“Building” means the construction of a building within the Project Site.

“Building Standards” means the standards and guidelines applicable to Vertical Improvements and any associated Privately Owned Community Improvements and Project Open Space within the SUD, consisting of the standards specified in subsection (g) and (f)(10), below, and the standards and guidelines identified as such in the DSG.

“Cart” means a mobile structure used in conjunction with food service and/or retail uses, that operates intermittently in a publicly accessible open space, and that is removed daily from such open space during non-business hours.

“Changing Building Technologies” means new generally prevailing and market standard building and engineering technologies, features, means, methods or materials (collectively, “Technologies”).

“City” means the City and County of San Francisco.

“Development Agreement” means the Development Agreement by and between the City and the developer identified therein (and its successors and assigns), including all attachments thereto, approved by the Board of Supervisors by the ordinance in Board File No. 240410, and as may be amended from time to time.

“External Courtyard” means a courtyard with at least one edge fronting a street or Project Open Space.

“Floorplate” means the gross area of a given floor of a Building as bounded by the exterior walls of a floor.

“Footprint” means square footage of the Building footprint perimeter as established by the Building’s Predominant Building Façades.

“Gross Floor Area” has the meaning set forth in Planning Code Section 102 for C-3 districts.

“Ground Floor” means the level at which the Building meets the grade.

“Hybrid Residential Uses” has the meaning set forth in subsection (f)(6)(C) of this Section 249.9.

“Internal Courtyard” means a courtyard with no edge fronting a street or Project Open Space.

“Kiosk” means a structure that is set upon the ground and is not attached to a foundation, such as a shipping container, trailer, or similar structure, from which food service and/or retail business is conducted. A Kiosk operates in a publicly accessible Project Open Space, and remains in place until the food service and/or retail business is terminated or relocated.

“Major Modification” means any deviation of more than 15% from any quantitative standard in the Planning Code, this SUD, or DSG, except as prohibited per subsection (h) of this Section 249.9, or except as otherwise included in the definition of Minor Modification.

“Maximum Buildable Area” means occupied floor area of all floors above the Base Zone. Floors that do not contain occupied floor area are excluded from the calculation of Maximum Buildable Area.

“Minor Modification” means (i) any deviation of 15% or less from any quantitative standards in the Planning Code, SUD, or the DSG, except as prohibited in subsection (h) of this Section 249.9, (ii) any deviation from any qualitative standards or any guidelines in the approved DSG, (iii) any deviation to the extent necessary to reconcile any inconsistency between the provisions of this SUD, the DSG, the Development Agreement or any attachment thereto (including but not limited to the Infrastructure Plan and the Transportation Demand Management Plan included as an attachment to the Development Agreement), or to comply with the requirements or specifications imposed by any agency with jurisdiction over all or a portion of the Project, in a manner that advances the intent of the SUD, DSG, or the Development Agreement (including the agreements and plans referenced in the Development Agreement that the parties must comply with), or is minor or incidental; and (iv) any other deviations to the extent necessary to address Changing Building Technologies or Unforeseen Site Circumstances, provided the Director in granting such deviation, makes findings that: (a) the granting of such deviation is necessary or desirable to avoid a hardship of complying with the DSG and/or SUD because of an Unforeseen Site Circumstance or Changing Building Technologies; (b) the deviation does not result in a Building of greater total Gross Floor Area than would be permitted if the minor deviations were not otherwise granted and is generally consistent with urban form anticipated by the DSG and SUD; (c) the deviation will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and (d) the deviation will be consistent with the General Plan and in harmony with the general purpose and intent of the DSG and the SUD.

“New Construction” means all new Building construction within the SUD.

“Predominant Building Façades” means the vertical plane that aligns with the outermost edges of a Building, not including projections such as bays or balconies.

“Privately-Owned Community Improvements,” means those facilities and services that are privately-owned and privately-maintained, at no cost to the City (other than any public financing set forth in the Financing Plan, a Development Agreement exhibit), for the public benefit, but not dedicated to the City. The Privately-Owned Community Improvements include certain pedestrian paths, storm drainage facilities, the Project Open Space, bicycle facilities, and other privately-owned facilities, as further detailed in the Development Agreement.

“Project” means the Stonestown Development Project.

“Project Open Space” means the privately owned, publicly accessible open spaces to be developed within the Project Site.

“Project Site” means the approximately 30-acre site comprised of the various subareas shown on Figure 249.9-1 that is within the Special Use District.

Figure 249.9-1 Stonestown Project Site

Note:

Parcel boundaries are approximate, subject to change and finalization through the Subdivision process for the Project.

“Publicly Accessible Sidewalk and Access Easement” means areas of horizontal building setback from the parcel boundary to accommodate required street elements.

“Senior Housing” means a Residential Use defined as dwellings that are specifically designed for and occupied by senior citizens.

“Tower” means all New Construction above 90 feet in height.

“Townhome” means a multi-story home typically with stoops and/or a patio. Townhomes may be standalone or attached by shared party walls.

“Unforeseen Site Circumstances” shall mean unanticipated circumstances related to site conditions, such as topography, grading, geological features, final infrastructure configurations, or soil conditions.

“Vertical Improvements” means new construction of a Building and any later major exterior alteration or expansion of a previously approved Building within the SUD.

(f) Uses.

(1) Stonestown Mixed Use District Zoning Designation. As shown on the Zoning Map, the boundaries of this SUD are coterminous with the Stonestown Mixed Use District (S-MU).

(2) Permitted Uses. The following uses set forth in Table 249.9-1, “Stonestown Permitted Uses,” below, shall be permitted as indicated within the SUD, where P means Permitted Use, C means Conditional Use as defined in Planning Code Section 303, and NP means Non-permitted Use. If a use is not specifically identified in Table 249.9-1 as a Permitted Use, Conditional Use or Non-permitted use, such use shall be a Permitted Use. Existing parking lots shall be a principally permitted use until such time as a certificate of occupancy is issued for New Construction or Project Open Space for the parcel on which such parking lot is located.

Table 249.9-1 Stonestown Permitted Uses

Permitted Use Category

E3E **

W3/ 4

NW1

NW2

NW3

Open Space

Residential Uses

Institutional Uses*

P(1)

P(2)

Residential Care Facility

Community Facility and Private Community Facility

P(3)

P(1)

Retail Sales and Service Uses*

P(1)

P(2)

Bar; and Eating and Drinking Use

P(4)

P(1)

P(2)

Hotel

Non-Retail Sales and Service Uses*

P(3)

P(1)

Catering; Storage, Commercial ; Storage, Wholesale; Wholesale Sales

P(1)

Recreation, Arts and Entertainment Uses*

P(1)

P(2)

Livery Stable and Sports Stadium

Open Recreation Area

NP( 4)

P(1)

P(2)

Automotive Uses*

Automotive Sale/Rental ; Automotive Service Station; Automotive Wash

P(1)

Fleet Charging; Electric Vehicle Charging Location

Parking Lot, Private and Parking Lot, Public

NP( 5)

Parking Garage, Public and Parking Garage Private

NP( 6)

P(4)

NP( 6)

P(4)

Vehicle Storage Garage

Industrial Uses*

Agricultural and Beverage Processing 1; Manufactur ing, Light; Automobile Assembly; Metal Working

P(1)

Utility and Infrastructure Uses*

Wireless telecommu nications Services Facility; Internet Service Exchange; Utility Installation

NP( 4)

Agricultural Uses*

P(2)

Neighborhood Agriculture

NP( 4)

P(2)

Legend:

P: Permitted use on all levels except rooftops

C: Conditional use

NP: Non-Permitted use

Notes:

* Not listed below.

** This Special Use District shall not become operative as to the entirety of Parcel E3E, until the occurrence of a specified condition set forth In Section 7 of the ordinance In Board File No. 240409, enacting this Section 249.9.

(1) NP above the third floor.

(2) Subject to auxiliary structure requirements within the DSG.

(3) C above the third floor.

(4) P on rooftops.

(5) P as provided for as an interim use or as an existing permitted use as set forth in the SUD.

(6) P as provided as an accessory use or replacement parking as set forth in 249.9(f)(6)(b) of the SUD.

Land uses are consistent with definitions included in Planning Code Article 1.

Permitted Use Characte istic

E3E **

W3/4

NW1

NW2

NW3

Open Space

Residential Characteristic

Commercial Use Characteristic*

P(1)

P(2)

Hours of Operation and Maritime Use

N/A

Legend:

P: Permitted use on all levels

N/A: Not applicable

Notes:

* Not listed below.

(1) NP above the third floor.

(2) Subject to auxiliary structure requirements within the DSG.

Use characteristics are consistent with definitions included in Planning Code Article 1.

Figure 249.9-2 Stonestown Zoning District

Note:

Parcel boundaries are approximate, subject to change and finalization through the Subdivision process for the Project.

(3) Location and Operating Conditions. Planning Code Section 202.2 shall apply within the SUD, subject to the following:

(A) Section 202.2(f) (Residential Uses) shall not apply within the SUD.

(B) Notwithstanding any provision of this SUD or the Planning Code to the contrary and for the avoidance of doubt, for purposes of enforcing the location and operating conditions set forth in Section 202.2 (as modified herein), the “property that is the subject of the violation,” as used in Section 176(b)(1) of the Planning Code, shall be limited to the Building(s) in which the establishment that is in violation is located.

(4) Conditional Uses. Only the establishment of a use that expressly requires a Conditional Use authorization under this SUD shall be subject to the requirements of Section 303 of the Planning Code, and the discontinuance or demolition of any use shall not require a Conditional Use authorization within this SUD.

(5) Intermediate Length Occupancy. Intermediate Length Occupancy Dwelling Units shall be permitted Residential Use characteristic within this SUD in accordance with subsection (f)(2), above, and Table 249.9-1. Planning Code Section 202.10 shall not apply within the SUD.

(6) Accessory Uses. Accessory Uses shall be governed by the following controls and the controls set forth in the DSG.

(A) Generally. Accessory Uses are related minor uses located on the same parcel that support any principally permitted or conditionally permitted use located on such parcel. Any use which does not qualify as an accessory use shall be classified as principally permitted, conditionally permitted, or not permitted, unless it qualifies as a temporary or interim use under this Section 249.9. Accessory Uses are permitted for up to 33% of the total floor area of the applicable principally permitted or conditionally permitted use, except this limitation shall not apply to accessory off-street parking and loading, accessory wholesaling, manufacturing or processing of foods, goods, or commodities, and Hybrid Residential Uses, which shall be subject to the controls set forth below.

(B) Accessory and Replacement Parking and Loading. Accessory parking and loading is permitted on all parcels excluding parcels containing Project Open Space. Parking is permitted within below or above ground structures subject to the requirements set forth in this SUD. Accessory parking and loading to specific uses may be located on a different parcel from the use and may be shared among various uses. Replacement parking for Stonestown Galleria Mall, as prescribed in subsection (g)(13), below, is permitted on any parcel within the SUD except Parcels NW1, NW2, and NW3. 100% of the buildable floor area of Parcels W2 and S3 is permitted as replacement parking for Stonestown Galleria Mall and parking for non-residential uses in the SUD.

(C) Uses Accessory to Dwelling Units. Medical Cannabis Dispensary as defined in Section 102 of the Planning Code shall not be permitted as an Accessory Use to a Dwelling Unit. Retail Sales and Service Uses, Non-Retail Sales and Service Uses, and Industrial Uses shall be permitted as Accessory Uses to a Dwelling Unit (“Hybrid Residential Uses”) if the following conditions are satisfied:

(i) Dwelling Units with a Hybrid Residential Use may only be located on the first three levels of a Building; provided that such unit has direct access to a street or open space on the ground level and the applicable Accessory Retail Sales and Service Uses, Non-Retail Sales and Service Uses, and Industrial Uses is located and conducted solely on the ground level of such Hybrid Residential unit.

(ii) Within Hybrid Residential units, Accessory Retail Sales and Service Uses, Non-Retail Sales and Service Uses, and Industrial Uses are permitted for up to 50% of the total floor area of the applicable dwelling unit.

(7) Temporary Uses. Temporary Uses are permitted consistent with Planning Code Sections 205.1 through 205.8, subject to the following:

(A) The Temporary Uses listed in Sections 205.1 through 205.7 (as modified pursuant to this SUD), where not otherwise permitted in the SUD, may be authorized as provided therein and in this SUD, up to the time limits indicated, or for such longer period of time as approved by the Planning Director, without a public hearing and without any requirement for a development phase approval (as referenced in subsection (i) of this SUD), design review approval pursuant to subsection (j) of this SUD, or a conditional use permit.

(B) The following uses may be authorized as Temporary Uses in addition to those listed in Section 205.1(a): musical and theatrical performances and other forms of live entertainment including setup/load-in and demobilization/load-out, special event and athletic events, meeting rooms, and event staging.

(C) Temporary Uses listed in Section 205.1(d) may be authorized for a period of up to 180 days. Retail Sales and Service Uses as well as Entertainment, Arts, and Recreation Uses that are a Permitted Use pursuant to Table 249.9-1 may be authorized for a period of up to 180 days as a Temporary Use.

(D) Temporary Uses listed in Section 205.1(e) (temporary signs) may be authorized in the SUD for the period set forth in Section 205.1, or such longer time as approved by the Planning Director.

(E) Temporary Uses listed in Section 205.2(a)(2) (Pop-Up Activations) may be authorized in the SUD for the period set forth in Section 205.2(a), or such longer time as approved by the Planning Director.

(F) Temporary Uses listed in Section 205.3 may be authorized for a period up to 72 hours per event for up to 12 events per year.

(G) Carts and Kiosks may be permitted as Temporary Uses pursuant to Section 205.4, but shall not block accessible paths of travel or areas for emergency vehicle access.

(H) Section 205.5 shall not apply within the SUD. Interim Uses shall be governed by the controls set forth in subsection (f)(8) (Interim Uses), below.

(8) Interim Uses. Prior to completion of the Project, the Planning Director may approve any interim uses in accordance with this subsection (f)(8) without a public hearing, a development phase approval (referenced in subsection (i), design review approval pursuant to subsection (j), below, or conditional use permit, for a period not to exceed five years if the Planning Director finds that such Interim Use will not impede orderly development consistent with this Section 249.9, the DSG, and the Development Agreement (for so long as the Development Agreement remains in effect for the applicable development). Any Interim Use listed in this subsection (f)(8) that the Planning Director determines is necessary or desirable for development under the Development Agreement, shall not require separate authorization as an Interim or Temporary Use or be subject to the five-year limitation (for example, Interim Uses incidental to environmental clean-up, construction staging, materials laydown, demolition, construction activities, storage, automobile and truck parking and loading related to construction activities, or replacement motor vehicle parking, loading, or bicycle parking for the Stonestown Galleria Mall). Any authorization or commencement of an Interim Use pursuant to this subsection (f)(8) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. The approval or commencement of an Interim Use as authorized under this subsection (f)(8) shall not be considered a conversion, discontinuance, abandonment, or change of use for purposes of this Code, notwithstanding Sections 182 and 183 of this Code. Any property for which the Interim Use is authorized shall retain its authorized land use(s). Such authorized land uses, including any nonconforming uses, shall become operative upon the expiration, termination, or abandonment of such Interim Use authorization. Any Interim Use authorized pursuant to this subsection (f)(8) shall not be required to comply with any requirements of this SUD or the Planning Code that are not expressly applicable to such Interim Use under this subsection (f)(8). Interim Uses the Planning Director may authorize include, but are not limited to:

(A) Retail Sales and Services, which may include but are not limited to the on-site assembly, production, or sale of food, beverages, and goods, and the operation of restaurants or other retail food service in temporary structures, food trucks, or food carts, with indoor or outdoor seating;

(B) Entertainment, Arts, and Recreation, both enclosed and unenclosed, including but not limited to temporary art installations, exhibits, and sales, recreational facilities and uses (such as play and climbing structures and outdoor fitness classes), and temporary structures to accommodate events (such as stages, seating, and support facilities for patrons and operations);

(D) Fleet Charging;

(E) On-site assembly and production of goods in enclosed or unenclosed temporary structures;

(F) Institutional Use, including but not limited to after-school day activities and library services;

(G) Site management service, administrative functions, and customer amenities and associated loading;

(H) Rental or sales offices incidental to new development; and

(I) Trailers, recreational vehicles, or other temporary housing or administrative offices for construction workers, seasonal labor, or other workforce employment needs.

(9) Nonconforming Uses and Structures; Existing Structures.

(A) Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to Sections 181-183 and 188 of the Planning Code.

(B) Existing Structures. Notwithstanding subsection (A), existing structures shown in Figure 249.9-3 shall be considered Code-complying until such time as the City approves a building permit application for New Construction on parcels upon which the existing structure is located. The Planning Director may allow the expansion or modification of an existing structure without requiring compliance with this Section 249.9 or the DSG, upon a determination that the expansion or modification would not impede the orderly development of the SUD consistent with this Section and the Development Agreement; provided that any modification or expansion shall be limited to 15% additional Gross Floor Area; provided further that the existing building located on Parcel E5 as of the effective date of this SUD may be modified and expanded only vertically up to 15% additional Gross Floor Area. The approval may be made without a public hearing, a development phase approval (referenced in subsection (i)), design review approval pursuant to subsection (j), or conditional use permit, so long as any expansion and/or modification complies with any applicable requirements of Planning Code Sections 136.1, 139, 145.1, and 210.1. Any existing structure damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition provided that such restoration is permitted by the Building Code and the structure’s owner files a building permit application to restore the structure to its former condition within eighteen months and diligently prosecuted to completion. For purposes of this Subsection (B), “started within eighteen months” shall mean that within eighteen months of the fire or other calamity or Act of God, the structure’s owner shall have filed a building permit application to restore the structure to its former condition.

Figure 249.9-3 Stonestown Existing Buildings and Structures

(10) Ground Floor Frontages. Within this SUD, only the ground floor controls contained in this SUD and the DSG shall apply.

(A) Each ground floor frontage as indicated in Figure 249.9-4, shall be occupied by any of the qualifying uses as indicated in Table 249.9-2 and the percentages as listed below:

(i) Priority Retail Frontage: A minimum of 80% of the length per frontage shall be occupied by any of the qualifying active uses, comprised of a minimum of 50% of the length per frontage occupied by any of the Priority Retail Uses and the remaining 30% of the length per frontage occupied by any of qualifying active uses.

(ii) Retail and Service Frontage: A minimum of 50% of the length per frontage shall be occupied by any of the Retail and Service Uses.

(iii) Active Frontage: A minimum of 50% of the length per frontage shall be occupied by any of the qualifying active uses. Standalone parking garages are exempt from the Active Frontage requirement.

(B) “Qualifying active uses” shall mean any principal, conditional, or accessory use that by its nature does not require non-transparent walls fronting streets and open space or involves the storage of goods or vehicles.

(D) New Construction ground floors, excluding residential ground floor units, shall comply with Planning Code Section 145.1(c)(6) (Transparency and Fenestration).

Figure 249.9-4 Stonestown Ground Floor Frontage Controls

Table 249.9-2 Stonestown Ground Floor Frontage Controls

Notes:

(1) Hybrid Residential Use shall be defined as set forth in Section 249.9 of this SUD.

(g) Building Standards.

(1) Maximum Building Height. The height shall be as set forth on Sectional Map HT13 of the Zoning Map and as further limited and detailed in Figure 249.9-5 of this Section 249.9 (Building Height Maximum) and the DSG. As more particularly described in Sectional Map HT13, the “90 Foot Height Flex Zone” has been established to allow for the flexibility in locating the NW2 Building within the northwest corner of the site, up to a height of 90 feet. The 90 Foot Flex Height Zone allows for flexibility in the configuration and location of the NW2 Building, up to the indicated maximum height for such zone, as long as such Building conforms to the requirements of this Section 249.9 and the DSG.

Figure 249.9-5: Stonestown Building Heights Maximum

Note:

Parcel boundaries are approximate, subject to change and finalization through the Subdivision process for the Project.

(2) Measurement of Height. Measurement of Height within the SUD shall be governed by the controls set forth in this SUD and the DSG.

(A) Method of Height Measurement. Maximum height for New Construction shall be measured from the centerline of the Building, as shown in Figure 249.9-6, from frontages identified in Figure 249.9-6. For Townhomes, measurement shall be taken from the centerline of each Townhome. The measuring point shall be taken at curb level from the Building façade at-grade within 10 feet of the parcel boundary. New Construction with façades at-grade beyond 10 feet from the property line shall maintain a measuring point at a maximum depth of 10 feet from the property line. At the Building roofline, measurement of height shall be as follows:

(i) The highest point on the finished roof in the case of a flat roof;

(ii) The average height of the rise in the case of a pitched or stepped roof, or similarly sculptured roof form; or

(iii) The highest point of any feature not exempted from the height measurement by subsection (g)(2)(B), below.

Figure 249.9-6 Stonestown Method of Height Measurement

(B) Exemptions from Height Measurement. The roof features listed herein shall be exempt from the measurement of height without regard to their horizontal area provided the limitations indicated for each are observed:

(i) Railings, parapets, and catwalks, with a maximum height of four feet;

(ii) Open railings, catwalks, and fire escapes required by law, wherever situated;

(iii) Landscaping, with a maximum height of four feet for all features other than plant materials;

(iv) Living walls up to 10 feet in height;

(v) Flagpoles, flags, and weathervanes;

(vi) Wireless telecommunications services facilities and other antennas, dishes, and towers and related screening elements;

(vii) Warning and navigation signals and beacons, light standards, and similar devices;

(viii) Cranes, scaffolding, and batch plants erected temporarily at active construction sites;

(ix) Unroofed recreation facilities with fencing or windscreens, including but not limited to: tennis and basketball courts at roof level, sports fields and swimming pools, lighting poles or similar structures required for the nighttime enjoyment of such rooftop recreational facilities, fencing, goal boxes and other sports equipment, play equipment, netting or other semi-transparent enclosure necessary for the safe enjoyment of unroofed recreation facilities, all up to 20 feet in height;

(x) Unenclosed seating areas with tables and related windscreens, lattices, and sunshades with a maximum height of 10 feet;

(xi) Ornamental and symbolic features of public and religious buildings and structures, including towers, spires, cupolas, belfries, and domes, where such features are not used for human occupancy;

(xii) Sustainable building features including, but not limited to photovoltaic panels and living roofs, with a maximum height of 20 feet;

(xiii) Mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself, including chimneys, ventilators, plumbing vent stacks, cooling towers, water tanks, panels, or devices for the collection of solar or wind energy, and window-washing equipment, together with visual screening for any such features. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. This exemption is subject to the requirements of the DSG for mechanical screening;

(xiv) Elevator, stair and mechanical penthouses, fire towers, skylights, and dormer windows. This exemption shall be limited to the top 16 feet of such features where the height limit is 65 feet or less, and the top 20 feet of such features where the height limit is more than 65 feet. However, for elevator penthouses, the exemption shall be limited to the top 20 feet and limited to the footprint of the elevator shaft, regardless of the height limit of the building;

(xv) Enclosed spaces related to recreational and retail use on the roof, up to 20 feet in height. Such enclosed spaces shall not exceed the lower of 30% of the horizontal areas of the roof on which the space sits, or 6,000 square feet on parcels fronting 20th Avenue and 3,000 square feet on Parcels W1, W2, W3/4, S3, and NW1. Enclosed spaces related to recreational and retail use are prohibited on Parcels NW2 and NW3; and

(xvi) Enclosed utility sheds of not more than 100 square feet, used exclusively for the storage of landscaping and gardening equipment for adjacent rooftop landscaping, with a maximum height of 8 feet.

(3) Bulk. Bulk controls within the SUD shall be governed as set forth below, and not as set forth elsewhere in the Planning Code.

(A) New Construction with an overall building Footprint area greater than 25,000 square feet is restricted to 80% Maximum Buildable Area above the podium or third floor, whichever is lower, up to 90 feet. New Construction with an overall building Footprint area over 70,000 square feet is restricted to 70% of Maximum Buildable Area above the podium or third floor, whichever is lower, up to 90 feet. The controls of this subsection (g)(3)(A) shall not apply to Parcels NW1, NW2, S3, and E4, standalone parking garages, and Tower massing above 90 feet.

(B) New Construction over 90 feet in height shall not exceed a Maximum Average Floorplate of 12,500 square feet for portions of the building over 90 feet in height. The Maximum Average Floorplate area is defined as the sum of the area of all the Floorplates above 90 feet in height, divided by the number of floors above 90 feet in height. No individual Building Floorplate above 90 feet shall exceed 14,000 square feet.

(C) New Construction over 90 feet in height shall have a maximum plan dimension of 160 feet and diagonal dimension of 190 feet for the portions of the building over 90 feet in height.

(D) New Construction shall also comply with the DSG requirements for massing, modulation, and sculpting.

(4) Lot Coverage, Side and Rear Yards; Setbacks. The DSG shall govern any and all lot coverage, side and rear yard, and setback requirements.

(5) Floor Area Ratio. There shall be no floor-area-ratio limit within the SUD.

(6) Dwelling Unit Density. There shall be no density limit for any Residential Use within the SUD.

(7) Dwelling Unit Mix.

(A) No less than 25% of the total number of proposed Dwelling Units in each phase or subphase in a Development Phase Approval shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units.

(B) No less than 10% of the total number of proposed Dwelling Units in each phase or subphase in a Development Phase Approval shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (g)(7)(A), above.

(C) To the extent any phase or subphase includes a number of two and/or three bedroom Dwelling Units exceeding the number of two and/or three bedroom Dwelling Units required for such phase or subphase pursuant to subsections (g)(7)(A) and (B), the number of two and/or three bedroom Dwelling Units exceeding the requirement in subsections (g)(7)(A) and (B) for such phase or subphase (a “Dwelling Unit Mix Exceedance”) may be carried over and applied to future phases or subphases in satisfaction of the requirements for such future phases or subphases. Developer shall identify any Dwelling Unit Mix Exceedance being applied to a development phase or subphase in the Development Phase Application for such phase or subphase.

(D) The Dwelling Unit mix requirement in subsections (g)(9)(A) and (B), above, shall not apply to Buildings for which 100% of the Residential Uses are: Group Housing, Affordable Units (as defined in the Development Agreement), Single Room Occupancy (SRO) Units, Student Housing, or housing specifically and permanently designated for seniors or persons with physical disabilities, including units to be occupied by staff serving any of the foregoing Residential Uses.

(8) Dwelling Unit Exposure. Dwelling Units in New Construction shall face directly onto one of the following open areas that is open to the sky, as shown on Figure 249.9-7:

(A) A public street with a minimum width of 30 feet;

(B) A public alley or mid-block passage with a minimum width of 30 feet;

(D) An Internal Courtyard up to 55 feet tall as measured from the highest elevation of the courtyard, with a minimum width of 30 feet or an Interior Courtyard taller than 55 feet, as measured from the highest elevation of the courtyard, with a minimum width of 40 feet.

Figure 249.9-7 Stonestown Dwelling Unit Exposure

(9) Open Space for Dwelling Units. In addition to any Project Open Spaces, a minimum average of 27 square feet of open space per Dwelling Unit shall be provided on each residential building parcel. Such open space may be either private or common space, and may be provided in the form of courtyards, terraces, rooftops, balconies, decks or porches, or similar structures or areas. Any space provided as common usable open space shall have a minimum width of 10 feet or a minimum area of 100 square feet. Individual private residential usable spaces shall have a minimum width of three feet or a minimum area of 27 square feet. The standards for open spaces shall be governed by the controls set forth in this SUD and the DSG.

(10) Obstructions Over Streets and Alleys. New Construction obstructions over streets and alleys are permitted in compliance with Planning Code Section 136 with the following additional allowances:

(A) Occupiable projections shall be permitted to up to four feet in depth with a minimum vertical clearance of 14 feet from the sidewalk grade.

(B) Balconies shall be permitted to up to six feet in depth.

(C) Aggregated occupiable projections, excluding balconies, are permitted up to 40% of the total façade area above the ground floor.

(D) Occupiable projections are permitted to project beyond the parcel boundary over public streets, private streets, open spaces, mid-block passages, and Publicly Accessible Sidewalk and Access Easements.

(11) Other Applicable Controls. The following sections of the Planning Code shall apply within this SUD: Section 121.6 (Large Scale Retail Uses), Section 139 (Standards for Bird Safe Buildings), and Section 149 (Better Roofs; Living Roof Alternative).

(12) Streetscape Improvements. The streetscape, pedestrian improvement, and street tree planting requirements shall be governed by the controls set forth in the DSG, Infrastructure Plan and Development Agreement, and not as provided in Section 138.1(c) or elsewhere in the Planning Code.

(13) Off-Street Parking. The location and design standards for off-street parking shall be governed by the DSG and Transportation Demand Management Plan attachment to the Development Agreement (for so long as the Development Agreement is in effect) or TDM program standards adopted by the City (after termination of the Development Agreement), and not by any other provision of the Planning Code pertaining to off-street parking. Off-Street parking is not required and shall be limited to the following maximum ratios and parking counts:

Table 249.9-3
Maximum Permitted Off-Street Parking

Residential Use	1 space per residential unit
All Non-Residential Uses and Replacement Parking for Stonestown Galleria Mall	3400 spaces

Pursuant to subsection (j)(4), below, parking amounts may be greater on a parcel-by-parcel basis than otherwise allowed by Table 249.9-3, but shall not exceed a total of 4,861 off-street parking spaces in the SUD. Parking accessory to Residential Uses, Non-Residential Uses, and replacement parking for Stonestown Galleria Mall are permitted to be shared among uses and across various parcels, as more particularly described in the DSG.

(14) Bicycle Parking. The amount of bicycle parking and applicable design requirements shall be governed by the controls set forth in Planning Code Section 155.2 (Bicycle Parking: Applicability and Requirements for Specific Uses) and Zoning Administrator Bulletin No. 9. The location of required bicycle parking shall be governed by the controls set forth in the DSG and the Transportation Demand Management Plan attachment to the Development Agreement, and not the Planning Code.

(15) Showers and Lockers. Planning Code Section 155.4 (Requirements for Shower Facilities and Lockers) shall govern the provision of shower facilities and lockers.

(16) Off-Street Loading. Off-Street loading shall be governed by the controls set forth in the DSG and Transportation Demand Management Plan attachment to the Development Agreement.

(17) Signage. The requirements of the Stonestown Special Sign District as set forth in Article 6, Section 608.10 of this Code shall apply to signage within this Special Use District. The Stonestown Special Sign District applies to all property within this SUD, along with the Stonestown Galleria Mall, which is not subject to this SUD, as further set forth in the Stonestown Special Sign District.

(18) Inclusionary Housing Requirements. For so long as the Development Agreement is in effect with respect to a portion of the Project Site, the affordable housing requirements of the Development Agreement shall govern that portion of the Project Site. Upon expiration or termination of the Development Agreement as applied to a portion of the Project Site, the then-applicable affordable housing requirements of the Planning Code shall apply to that portion of the Project Site, without reference to the date of any earlier environmental review application.

(19) Impact Fees. For so long as the Development Agreement remains in effect with respect to a portion of the Project Site, the impact fees payable for any Vertical Improvement on that portion of the Project Site will be determined in accordance with the Development Agreement. Article 4 of this Code (Development Impact Fees and Project Requirements that Authorize the Payment of In-Lieu Fees) shall not apply except to the extent expressly set forth in the Development Agreement. Upon expiration or termination of the Development Agreement, the provisions of Article 4 shall apply.

(20) Relationship to State or Local Density Bonus Programs. In exchange for the benefits expressed in the Development Agreement and this Section 249.9, and as set forth in the Development Agreement, any Building within the SUD shall not be eligible for additional density or modifications to development standards allowed in any state or local law allowing additional density or modifications to development in exchange for on-site affordable housing, including but not limited to the State Density Bonus Law (California Government Code §65915 et seq.), the Affordable Housing Bonus Program (Planning Code Section 206 et seq.), and Planning Code Section 207.

(h) Modifications to Building Standards.

(1) Procedures for Modifications or Variances. No variances, exceptions, modifications, or other deviations from the requirements or standards of the Planning Code, SUD, and DSG, are permitted except through the procedures for granting of Minor and Major Modifications established in this subsection (h). No Minor or Major Modifications shall be granted for increases to maximum Building height or the maximum number of off-street parking spaces permitted within the entire SUD.

(2) Modification of Other Building Standards and Use Requirements. A quantitative standard may be modified only as provided in this subsection (h), on a phase-by-phase, parcel-by-parcel, or building-by-building basis.

(3) Minor Modifications. In order to grant a Minor Modification, the Planning Director must find that the proposed Minor Modification will meet the intent of the SUD and the DSG. The Planning Director may approve a Minor Modification administratively by the procedures described in subsection (j), below. The Planning Director may refer a Minor Modification to the Planning Commission for decision pursuant to the procedures described in subsection (j), below, if the Planning Director reasonably determines that the Minor Modification does not generally meet the intent of the SUD or DSG.

(4) Major Modifications. In order to grant a Major Modification, the Planning Commission must find that the proposed Major Modification achieves equal or superior design quality or provides equivalent or greater public benefits as would strict compliance with the applicable standard and meets the intent of the SUD and the DSG. The Planning Commission shall hear any application for a Major Modification in accordance with the procedures described in subsection (j).

(i) Project Review and Approval. The following project review and approval procedures shall apply in the SUD:

(1) Purpose. The design review process for this SUD is intended to ensure that new Buildings and Project Open Space are designed to exhibit high quality architectural design, and ensure consistency and compliance with the SUD and the DSG.

(2) Development Phase Approval. During the term of the Development Agreement, the Planning Department shall approve only those applications for Vertical Improvements or Project Open Spaces that are within the scope of a Development Phase Application previously approved in accordance with the Development Agreement.

(3) Design Review and Approval. Applications for design review may be submitted concurrently with or subsequent to an application for a Development Phase Approval submitted under the Development Agreement; however, timelines for review and approval described in subsection (j), below, will not commence prior to approval of a Phase Application containing the proposed Vertical Improvement or Project Open Space. To ensure that Vertical Improvements, Buildings, and Project Open Space meet the DSG and Development Agreement requirements, an Applicant shall submit a design review application and receive approval from the Planning Department, or the Planning Commission to the extent required under subsection (j)(5)(B), below, before obtaining any permits for the applicable Building or Project Open Space (other than for demolition or site preparation, or for any Temporary or Interim Uses authorized pursuant to subsection (f) of this Section 249.9). Design review applications for Project Open Space can be submitted independently, or as part of an application for any associated Vertical Improvement. Standards and limitations on design review approval are set forth in the Development Agreement and in subsection (j), below. Nothing in this Section 249.9 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement.

(j) Design Review Applications and Process.

(1) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with this SUD and the DSG, including but not limited to site plans, sections, elevations, renderings, and landscape plans to illustrate the overall concept design of the proposed Buildings or Project Open Space. If an Applicant requests a Major or Minor Modification, the application shall describe proposed changes in reasonable detail, including but not limited to narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s) that describes how the proposed modification meets the intent of the SUD and DSG and, for modification of building standards, provides architectural treatment that is equivalent or superior to strict compliance with the building standards.

(2) Completeness. Planning staff shall review the application for completeness and advise the Applicant in writing of any deficiencies within 30 days of receipt of the application or any supplemental information requested pursuant to this subsection (j).

(3) Design Review of Buildings and Project Open Space. Following a determination of completeness of the design review application in accordance with subsection (j)(2), above, Planning Department staff shall conduct design review and prepare a staff report determining compliance with this SUD and the DSG, including a recommendation regarding any modifications sought. The staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s public website within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with this SUD or the DSG, the Applicant may resubmit the Application, in which case the requirements of this subsection (j) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew.

(4) Off-Street Parking. Design review applications for Vertical Improvements shall identify the number of off-street parking spaces, by use, to be allocated to the Vertical Improvement, plus the number of replacement parking spaces for the Stonestown Galleria Mall. It is the intent of this SUD that at full build-out of all parcels in the SUD, the total number of off-street parking spaces within the SUD shall not exceed 4,861. The maximum parking ratios shall not apply to individual Vertical Improvements or parcels, but shall be considered cumulatively for the Vertical Improvements within the SUD as a whole, as set forth in the Development Agreement and Transportation Demand Management Plan. Each application shall include both the number of off-street parking spaces allocated to the specific location and the cumulative number of off-street parking spaces previously approved. The number of off-street parking spaces allocated to individual Vertical Improvements or parcels shall not be disapproved unless it would cause the cumulative maximum parking ratios to be exceeded.

(5) Approvals and Public Hearings for Vertical Improvements and Project Open Space.

(A) Vertical Improvements and Project Open Space Seeking No Modifications, or Minor Modifications. Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design in writing based on its compliance with this SUD, the DSG, and the General Plan. If the design review application is consistent with the quantitative standards set forth in this SUD and the DSG, the Planning Director’s discretion to approve or disapprove the design review application shall be limited to consistency with the qualitative, non-numeric, and non-dimensional elements of the DSG. Notwithstanding any other provisions of this SUD, the Planning Director may refer an application that proposes a Minor Modification of the DSG to the Planning Commission if the Planning Director determines that the proposed Minor Modification does not meet the intent of the DSG, the SUD, the General Plan, or at the applicant’s request.

(B) Vertical Improvements and Project Open Space Seeking Major Modifications. If an application for Vertical Improvements or Project Open Space seeks Major Modifications, or if a design review application is otherwise referred to the Planning Commission under subsection (j)(5)(A), above, the Planning Commission shall calendar the item for a public hearing within 30 days after delivery and posting of the staff report on the design review application, or the Planning Director’s referral (as applicable), subject to any required noticing. The Planning Commission’s review shall be limited to the proposed Major Modification or the Minor Modification submitted for review under this subsection (j)(5)(B). 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 design, including the granting of any Major Modifications or Minor Modifications in accordance with the standard of review established under this subsection.

(C) Notice of Hearings. Notice of Planning Commission hearings required under this SUD shall be provided in accordance with Planning Code Section 333.

(k) Building Permits. Planning Department review of building permit applications submitted to the Department of Building Inspection for Buildings and forwarded to the Planning Department for review shall be limited to the application’s consistency with the authorizations granted pursuant to this Section 249.9.

(l) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Vertical Improvement or Privately-Owned Community Improvement or Project Open Space in the SUD.

(m) Applicability of Mitigation Measures and Monitoring Report. Compliance with applicable provisions of the Mitigation Measures and Monitoring Report, as may be amended or updated from time to time, is a required condition for all development within the SUD whether the specific approval actions are discretionary or ministerial.

(n) Operative Date for the Variant Sub-Area. The zoning controls expressed in this SUD shall not become operative as to the Variant Sub-Area, as shown on Figure 249.9-8, or any portion thereof, until a Notice of Joinder to the Development Agreement approved by the Board of Supervisors in Board File No. 240410 has been recorded, or until the Variant Sub-Area, or any portion thereof, is conveyed to the Developer. Copies of the Development Agreement, including a form of the Notice of Joinder, and a legal description of the Variant Sub-Area are on file with the Clerk of the Board of Supervisors in Board File No. 240410.

Figure 249.9-8 Stonestown Variant Sub-Area

(Added by Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024)

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