o0204-24

FILE NO. 240409 AMENDED IN COMMITTEE 7/8/2024 ORDINANCE NO. 204-24 [Planning Code, Zoning Map - Stonestown Mixed Use District, Special Use District, Height and Bulk District, Special Sign District] Ordinance amending the Planning Code and the Zoning Map to establish the Stonestown Mixed-Use District (SMD), Stonestown Special Use District (SUD), Stonestown Mixed-Use Height and Bulk District (HBD), and Stonestown Special Sign District (SSD), all generally bounded by Eucalyptus Drive and Buckingham Way to the north, 19th Avenue to the east, Buckingham Way to the south, and Buckingham Way to the west, with the SSD including the Stonestown Galleria Mall and the SMD, SUD, and HBD excluding the mall; abolishing an approximately 15-foot legislated setback on the west side of 19th Avenue between Eucalyptus Drive and Buckingham Way; and making findings under the California Environmental Quality Act, making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Planning and Environmental Findings. (a) At its hearing on May 9, 2024, and prior to recommending the proposed Planning Code amendments for approval, by Motion No. 21559, the Planning Commission certified a Final Environmental Impact Report (FEIR) for the Stonestown Development Project Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 1 (Project) pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), the CEQA Guidelines (14 Cal. Code Reg. Section 15000 et seq.), and Chapter 31 of the Administrative Code. A copy of said Motion is in Board of Supervisors File No. 240575, and is incorporated herein by reference. In accordance with the actions contemplated in this ordinance, this Board has reviewed the FEIR, concurs with its conclusions, affirms the Planning Commission's certification of the FEIR, and finds that the actions contemplated herein are within the scope of the Project described and analyzed in the FEIR. (b) In recommending the proposed Planning Code Amendments for approval by this Board at its hearing on May 9, 2024, by Motion No. 21560, the Planning Commission also adopted findings under CEQA, including a statement of overriding considerations, and a Mitigation Monitoring and Reporting Program (MMRP). A copy of said Motion and MMRP are in Board of Supervisors File No. 240575, and are incorporated in this ordinance by reference. The Board hereby adopts and incorporates by reference as though fully set forth herein the Planning Commission's CEQA approval findings, including the statement of overriding considerations. The Board also adopts and incorporates by reference as though fully set forth herein the Project's MMRP. (c) At the same hearing on May 9, 2024, the Planning Commission, in Resolution No. 210562, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is in Board of Supervisors File No. 240575, and is incorporated herein by reference. (d) Pursuant to Planning Code Section 302, this Board finds that the Planning Code Amendments in this ordinance will serve the public necessity, convenience, and welfare for Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 2 the reasons set forth in Planning Commission Resolution No. 21563 and the Board incorporates such reasons herein by reference. Section 2. Article 2 of the Planning Code is hereby amended to revise Section 201, to add the Stonestown Mixed Use District (heading italicized), after the "Balboa Reservoir Mixed Use District," to read as follows: SEC. 201. CLASSES OF USE DISTRICTS. * * * * Stonestown Mixed Use District (Also see Section 249.9) S-MU Stonestown Special Use District (Defined in Section 2 4 9. 9(fl O 22 * * * * Section 3. Article 2 of the Planning Code is hereby amended by adding Sections 249.9 and 263.36, to read as follows: SEC. 249.9. STONESTOWN SPECIAL USE DISTRICT. Ca) Purpose and Boundaries. A Special Use District entitled the "Stonestown Special Use District" CSUD) is hereby established, generally bounded by Eucalyptus Drive to the north, 19th Avenue to the east. San Francisco State University CSFSU) 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 3 Map SUI 3 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Stonestown Development Proiect, which is subiect to a Development Agreement, approved by the Board o{Supervisors in the ordinance contained in Board File No. 240410. The Proiect will provide several benefits to the City, such as a significant amount o{publicly accessible open space, increased public access throughout the site, childcare facilities, extensive infrastructure improvements, and affordable housing, while creating iobs, housing, and a vibrant community. (b) Relationship to Design Standards and Guidelines. The Stones/own 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 Proiect Site that is subiect to the Development Agreement must comply with the applicable requirements ofthe 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: (I) Planning Code definitions as specified in subsection (e) Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page4 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) o(the Planning Code,· (4) Article 3 (Zoning Procedures) o(the Planning Code, subiect to the limitations set forth in this Section 249.9; (5) Article 4 (Development Impact Fees and Proiect Requirements that Authorize the Payment o(In Lieu Fees) ofthe Planning Code, subiect to the limitations set forth in subsection (h)(J9) o(this Section 249.9: and (6) any other section ofthe 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). !(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 oft he effective date of this SUD, the standard or guideline in the DSG as of the effective date of this SUD shall prevail. !(there is a conflict between otherwise applicable portions o{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. 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, i(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. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 5 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 o[this ''Applicant" means the owner, or authorized agent of the owner o{a development parcel. "Base Zone" means the base of the building. defined by the ground floor or up to the third floor i{podium parking is included. "Building" means the construction o{a building within the Proiect Site. "Building Standards" means the standards and guidelines applicable to Vertical Improvements and any associated Privately Owned Community Improvements and Proiect Open Space within the SUD. consisting o{the standards specified in subsection (Rg) and (9!2.(91Q). below, and the standards and guidelines identified as such in the DSG. "Cart" means a mobile structure used in coniunction 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 o{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 o{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 Proiect Open Space. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 6 "Floorplate" means the gross area ofa given floor ofa Building as bounded by the exterior walls ofa floor. "Footprint" means square footage ofthe Building footprint perimeter as established by the Building's Predominant Building Fac;ades. "Gross Floor Area" has the meaning set forth in Planning Code Section I 02 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 (0(6)(C) of this Section "Internal Courtyard" means a courtyard with no edge fronting a street or Proiect 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 Proiect Open Space, and remains in place until the food service and/or retail business is terminated or relocated. "Ma ·or Modi ,cation " means an deviation o more than 15% ram an uantitative standard i the Planning Code, this SUD, or DSG, except as prohibited per subsection 6b) ofthis 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 6b) 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 7 the Development Agreement), or to comply with the requirements or specifications imposed by any agency with iurisdiction over all or a portion of the Proiect, 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 ofgreater total Gross Floor Area than would be permitted ifthe 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 iniurious 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 Fac;ades" means the vertical plane that aligns with the outermost edges of a Building, not including proiections 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 Proiect Open Space, bicycle facilities, and other privately-owned facilities. as further detailed in the Development Agreement. "Proiect" means the Stonestown Development Proiect. "Proiect Open Space" means the privately owned, publicly accessible open spaces to be developed within the Proiect Site. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 8 "Proiect 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. I Figure 249.9-1 Stonestown Project Site Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 9 Pmjnct Sito boundary C~.~ Propos(::,d deve:lopmont parccils ~ J Variant ~>ub-Aroa Propr,rty \ '<.. ' \ z (/) z EUC/\IYl'l US DRIVf W2 W3/4 S3 Approxi1n;1tu i(}Catinn of rnids•block passaqcs rtnd tho (-,iallor y Project Opt-rn Spac(? (==1 Stonestovm Ca!loria. excluded from thP Project Sitt.• Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS E6 -·- . . I i WINS ION DR ~ f S 1 rn E3E 1 E1 -I E4 S2 N CJ 1no (1) Page 10 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 ofa Building and any later maior exterior alteration or expansion of a previously approved Building within the SUD. (f) Uses. (]) 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. !fa 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 Proiect Open Space for the parcel on which such parking lot is located. Table 249.9-1 Stonestown Permitted Uses Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 11 Permitted Use El El E3E* Category * - Residential E. E. E. Uses Institutional liJ1 E. liJ1 Uses* Residential Care E. E. E. Facility Community w E. w Facility and Private Community Facility Retail Sales and liJ1 E. !.W Service Uses* Bar: and Eating fill E. fill and Drinking Use Hotel ( ( ( Non-Retail w E. w Sales and Service Uses* Catering: liJ1 p liJ1 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS E4 ES E. E. liJ1 liJ1 E. E. w w liJ1 !.W fill fill ( ( w w fill fill E6 WI w:z W3/ SI s:z SJ NW NW NW QJ!.f. 1. l J. J. !! Spac !!. E. E. E. E. E. E. E. E. E. E. NP E. liJ1 liJ1 liJ1 !.W liJ1 liJ1 liJ1 !.W !.W f.QJ. E. E. E. E. E. E. E. E. E. E. NP E. w w w w w w w !.W !.W NP E. liJ1 liJ1 liJ1 !.W liJ1 liJ1 liJ1 !.W !.W f.QJ. E. fill fill fill fill fill fill fill !.W liJ1 f.QJ. ( ( ( ( ( ( ( ( NP NP NP E. w w w w w w w !.W !.W NP p fill liJ1 fill fill fill fill fill !.W fill NP Page 12 Storage. Commercial: Storage. Wholesale: Wholesale Sales Recreation, Arts Elll I'.. Elll and Entertainment Uses* livery Stable NP NP NP and Sports Stadium Open !Y.fl I'.. NP(4 Recreation Area l Automotive NP NP NP Uses* Automotive Elll Elll Elll Sale/Rental: Automotive Service Station: Automotive Wash Fleet Charging: I'.. I'.. I'.. Electric Vehicle Charging Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Elll Elll I'.. NP NP NP !Y.fl !Y.fl I'.. NP NP NP Elll Elll Elll I'.. I'.. I'.. Elll Elll Elll Elll Elll Elll Elll Elll Elll EJ1)_ NP NP NP NP NP NP NP NP NP NP !Y.fl !Y.fl !Y.fl !Y.fl !Y.fl !Y.fl !Y.fl Elll Elll EJ1)_ NP NP NP NP NP NP NP NP NP NP Elll Elll Elll Elll Elll Elll Elll Elll Elll NP I'.. I'.. I'.. I'.. I'.. I'.. I'.. I'.. I'.. NP Page 13 Location Parking Lot. !f.Ei. !f.Ei. NP(5 Private and u u l Parking Lot, Public Parking Garage, !f.Ei. !f.Ei. NP(6 Public and Q)_ Q)_ l Parking Garage Private Vehicle Storage NP NP NP Garage Ind11strial NP NP NP Uses* Agricultural and fill fill fill Beverage Processing I: Manufacturing, Light, Automobile Assembly; Metal Working Utility and NP NP NP lnfrastruct11re Uses* Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS !f.Ei. !f.Ei. !f.Ei. u u u !f.Ei. !f.Ei. !f.Ei. Q)_ Q)_ Q)_ NP NP NP NP NP NP fill fill fill NP NP NP !f.Ei. !f.Ei. !f.Ei. !f.Ei. !f.Ei. !f.Ei. !f.Ei. !f.Ei. !f.Ei. !f.Ei. u u u u u u u u u u !f.Ei. f'i.11 !f.Ei. !f.Ei. !f.Ei. f'i.11 NP NP NP NP Q)_ Q)_ Q)_ Q)_ NP f_ NP NP NP f_ NP NP NP NP NP NP NP NP NP NP NP NP NP NP fill fill fill Eill Eill fill fill Eill Eill NP NP NP NP NP NP NP NP NP NP NP Page 14 Wireless /jfl /jfl NP(4 /jfl /jfl /jfl /jfl /jfl /jfl /jfl /jfl /jfl /jfl /jfl /jfl NP telecommunicati l ons Services Facility: Internet Service Exchange: Utility Jnsta!!ation Agricultural NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP fQl Uses* Neighborhood /jfl !Y.E1. NP(4 !Y.E1. /jfl /jfl !Y.E1. !Y.E1. /jfl !Y.E1. /jfl !Y.E1. !Y.E1. /jfl /jfl fQl Agriculture l 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) Pon rooftops. (5) Pas provided for as an interim use or as an existing permitted use as set forth in the SUD. (6) Pas 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. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 15 Permitted Use El E2 EJE** E4 E5 E6 WI W2 WJ/4 SJ S2 SJ NW/ NW2 NW3 Open Cltaracteristic Space Residential E_ E_ E_ E_ E_ E_ E_ E_ E_ E_ E_ E_ E_ E_ E_ NP Cltaracteristic Commercial fil1 E_ fill fil1 fil1 E_ fil1 fil1 fil1 fil1 fil1 fil1 fil1 fil1 fil1 fQl Use Cltaracteristic * Hours of NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA Operation and Maritime Use Legend: P: Permitted use on all levels N/ A: Not applicable 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. Use characteristics are consistent with definitions included in Planning Code Article 1. I Figure 249.9-2 Stonestown Zoning District Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 16 r NW1 --1--------1-----, STREU A · ___ _J E3 srnEf 1 ll E4 * Project vvilhoul Varia11t Sub-.Area scHnario Lcqond S-MU ;oninq district ~ z rn z [lJC1\LYP1 US DRIVE -- -·-·- ~l;J;;;;~;;;,\;;AY (NORlH) W2 W3/4 S3 E6 " n i: J> ____ ___, ;~ z /~~ C-2 Loninq district (Stonustown Galleria, (-'oxclucJpcJ from the P!O!(-JCt Sita) Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS E1 ST!~[!.: r A E3E * E4 S2 Page 17 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, subiect to the following: (A) Section 202.2{!) (Residential Uses) shall not apply within the SUD. (B) Notwithstanding any provision o(this SUD or the Planning Code to the contrary and for the avoidance o(doubt, for purposes of enforcing the location and operating conditions set forth in Section 202.2 (as modified herein), the "property that is the subiect o(the violation. "as used in Section 176(b)(l) o(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 subiect to the requirements o(Section 303 of the Planning Code, and the discontinuance or demolition o(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 {!)(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 qualifv 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% ofthe total floor area ofthe applicable principally permitted or conditionally permitted use, except this limitation shall not apply to accessory Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 18 o(f-street parking and loading. accessory wholesaling, manufacturing or processing of.foods, goods, or commodities, and Hybrid Residential Uses, which shall be subiect 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 Proiect Open Space. Parking is permitted within below or above ground structures subiect 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 (hg)(l 3), below, is permitted on any parcel within the SUD except Parcels NWJ, NW2, and NW3. 100% oft he 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 ofthe 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") ifthe 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, subiect to the following: Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 19 (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 0) ofthis 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 oflive 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 o(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 ofup 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. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 20 (H) Section 205. 5 shall not apply within the SUD. Interim Uses shall be governed by the controls set forth in subsection (j)(8)(Interim Uses), below. (8) Interim Uses. Prior to completion of the Proiect. the Planning Director may approve any interim uses in accordance with this subsection (j)(8) without a public hearing. a development phase approval (referenced in subsection (i), design review approval pursuant to subsection aJ, 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 (j)(8) that the Planning Director determines is necessary or desirable (or development under the Development Agreement, shall not require separate authorization as an Interim or Temporary Use or be subiect 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 (j)(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 ofan Interim Use as authorized under this subsection (j)(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 (j)(8) shall not be required to comply with any requirements of this SUD or the Planning Code that are not expressly Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 21 applicable to such Interim Use under this subsection {[)(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),· (C) Public and Private Parking Lots; (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 sub;ect to Sections 181-183 and 188 o{the Planning Code. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 22 (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 ofan 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 developmentphase approval (referenced in subsection (}i)), design review approval pursuant to subsection 0), 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 is started 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 23 - \- \ \ / / [UCJ\LYPl US DRIVE r·: r-·-·-·1 \ __ _] I r \ -·-·-- -. ~l;JCKl~CHAM WAY (NORTI !) \ ,.,..--·L.-. \ ./ \ . / \. --< '"" \ ~ \ 0.1 \ z i I ---·-· .-·--, ......... w =,~·-·1 I I I I I I r-·_J I ts \ :1! ' ~ I ~ L.-1 I r' I I L ____ -·-·-· .·-· ·-·-·-./ L(>gc,nd ( :: Existi11~j BuikliiifjS and Structurl-;s a:; of Effnctivo Date of SUD Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS i W!NS10N (W N C) Page 24 @1Q) 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 o(the qualifying uses as indicated in Table 249.9-2 and the percentages as listed below: (i) Priority Retail Frontage: A minimum 0(80% ofthe length per .frontage shall be occupied by any o(the qualifying active uses, comprised o(a minimum 0(50% o(the length per frontage occupied by any of the Priority Retail Uses and the remaining 30% of the length per frontage occupied by any o(qualifying active uses. (ii) Retail and Service Frontage: A minimum of50% o(the length per frontage shall be occupied by any o(the Retail and Service Uses. (iii) Active Frontage: A minimum 0(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 o(goods or vehicles. (C) Percentage o(qualifying frontage shall be measured in plan against the length o(the overall ground floor frontage. (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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 25 r-·- __ _J NW1 --1--------1-----. srn,u 1\ · ___ _J E3 E4 * Projcsct without Variant Sub--Area scenario Ln(JC·nd Prinrlty R0\.:li1 F1T,ntaq1~ R(:tail and Snrvices F1ontaqn /'.,1:tive Frontaqr~ Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS S3 EUC1\lYPlUS DRIVE .-·--, E1 W2 W3/4 E3E * E4 - \NINSION LW S2 N ,:·i 10()" r~··~"·~·--. C) Page 26 Table 249.9-2 Stonestown Ground Floor Frontage Controls • OuahfyinH 9round floor \ISO PSRMITHn USE CATEGORY PRIORITY RETAIL USES • QUALIFYING GROUND FLOOR USES BY USE TYPE RETAIL AND SERVICE USES • ACTIVE USES • limited to f lybrid Residential Us(~S ( 1) not indudin9 Umited to buildin9 lobbil~s and Hybrid RE~sidentiJ! rnck1din9 buildin9 lobbiPs, Hybrid r~~sidentia! Non .f~vtail Salos and Sm vices or Indus tr ia! Uses Usc~s spaces acc0ssor 'I' to 1 (1sldent11il usos, such Notes: Retail Sales and :.,iervices Non··l~etail Sales and Sn1 vlcc~s (lncludinq Office usHs) Recreation, Arts and Entortainrnont At1torn<>t1ve !ndtistria! • • • • • • • l.iinitod to Autornnlive S;ik~/R[rntal • Li1rnt0Jto (1) Hybrid Residential Use shall be defined as set forth in Section 249.9 of this SUD. (g) Building Standards. fitness or community roorns, ,md residential ro qualify a5 an Activo U~,c, resid(}n\ial include a stoop, patio, or at··grade entrance described in Chapte, 5. Buildin!JS . • • • • • Limihid to Automotive Salc/f~nntal • limited to /.i.griculhira! and Beverag(~ (]) Maximum Building Height. The height shall be as set forth on Sectional Map HTJ 3 ofthe 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 HTJ 3, 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 of90 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 27 * Project without Variant Sub -Area scena,io Legend C=:J l S foot rnrtx1mum hei9ht n:.3ql1irr:>me11ts v,;1t!11n t!1<:> 30 foot rnax1mun1 heiqht 40-.foot max1mun1 hei\.Jht 90"foot maximum fhJight 90-foot h,c:1qht fl!c'X zone· Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS EUCAI.Yl'I US DRIVE -·-·-·- ~:J;;;~GIIAM WAY (NORIII) W11 I I I I I I I W3/4 W2 -· E5 WiNSfON DR ·" I 15() .. fnnt maxin1urn hciqht ] C)()-font flF\XllnUlll hcwf1t E1 ,·11 F A E3E * S2 · If NW2 is 11•t'.onfiqurr:d p(;1 SS.2 2. thl-i revisnd parc()I ;;hall bt: 90 f<iOt illaximur11 hr.:d~Jht p<-:>r DSG SS.3.1 N C) Page 28 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 facade at-grade within 10 feet of the parcel boundary. New Construction with facades at-grade beyond IO feet from the property line shall maintain a measuring point at a maximum depth of IO feet from the property line. At the Building roo{line, measurement of height shall be as follows: (i) (ii) The highest point on the finished roo[in the case of a flat roof; The average height oft he 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 29 Top of roofline Centerline -- ~ - Measuring point Elevation Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS ' Max height ' Page 30 r·: __ I I .J~~\\ - m ,,--· ;; i NW1 --1--------1----- STREET A · __ . ...J E3 --1 SH~EH B E4 * Projf?cl without Variant Sub-"Area scenario Buildinq front.10(~ !o m,~astirA h('.}iqht Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS z (/) -c< () .t!. D ;.o UJC/\IYPI US DRIVE .-·--, E1 -·-·- BUCKINGHAM WAY (NORTI I) E5 W2 STl~E!: l /\ W3/4 E3E * E4 E6 - WINSlot-.JIJll S3 S2 ') Page 31 (B) Exemptions from Height Measurement. The rooffeatures listed herein shall be exempt from the measurement of height without regard to their horizontal area provided the limitations indicated for each are observed: wherever situated; other than plant materials; (i) Railings, parapets, and catwalks, with a maximum height offour (ii) Open railings. catwalks, and fire escapes required by law. (iii) Landscaping, with a maximum height offour feet for all features (iv) (v) (vi) Living walls up to IO feet in height,· Flagpoles, (lags, and weathervanes; 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 rooflevel, sports fields and swimming pools, lighting poles or similar structures required for the nighttime en;oyment of such rooftop recreational facilities. fencing, goal boxes and other sports equipment, play equipment. netting or other semi-transparent enclosure necessary for the safe en;oyment of unroofed recreation facilities, all up to 20 feet in height: Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS (x) Unenclosed seating areas with tables and related windscreens, Page 32 lattices, and sunshades with a maximum height of 10 feet,· (xi) Ornamental and symbolic features ofpublic 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 itselt: 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 subiect 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 o(the elevator shaft. regardless of the height limit o(the building.· (xv) Enclosed spaces related to recreational and retail use on the root: up to 20 feet in height. Such enclosed spaces shall not exceed the lower of30% of the horizontal areas of the roof on which the space sits, or 6,000 square feet on parcels fronting 201h Avenue and 3,000 square feet on Parcels WI. W2, W3/{ S3, and NWJ. 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!andscaping and gardening equipment for ad;acent rooftop landscaping. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 33 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, SJ. 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 oft he building over 90 feet in height. The Maximum Average Floorplate area is defined as the sum o{the area of all the Floorplates above 90 feet in height, divided by the number offloors above 90 feet in height. No individual Building Floorplate above 90 feet shall exceed 14,000 square feet. (C) New Construction over 90 (eet 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) (6) within the SUD. (7) Floor Area Ratio. There shall be no floor-area-ratio limit within the SUD. Dwelling Unit Density. There shall be no density limit for any Residential Use Dwelling Unit Mix. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 34 (A) No less than 25% of the total number o(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 I 0% of the total number ofproposed 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 sub phases 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 I 00% 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 ofthe foregoing Residential (8) Dwelling Unit Exposure. Dwelling Units in New Construction shall face directly onto one ofthe following open areas that is open to the sky, as shown on Figure 249.9-7: (A) Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS A public street with a minimum width of30 feet; Page 35 (B) (C) at least 30 feet in width: and {D) A public alley or mid-block passage with a minimum width of30 feet,· An External Courtyard, terrace or privately owned Proiect Open Space An Internal Courtyard up to 55 feet tall as measured from the highest elevation of the courtyard, with a minimum width of30 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 Axon 2 30' - I .~ Section Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS e..,,__ Min. 30' wide internal "-. courtyard, terrace or privately owned public open space I <55' Min. 30' wide rcJxlernal courtyard, terrace or privately owned public open space 11 ~ss I '- Min. 40' wide internal 2 40' -I~ "-. courtyard, terrace or privately owned public open space I 255' I I ,ss Page 36 (9) Open Space for Dwelling Units. In addition to any Project Open Spaces, a minimum average of27 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 of27 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] 4 feet from the sidewalk grade. (B) (C) Balconies shall be permitted to up to six feet in depth. Aggregated occupiable projections. excluding balconies, are permitted up to 40% o(the total facade 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 13 9 (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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 37 and Development Agreement, and not as provided in Section 138.1 (c) or elsewhere in the Planning (13) Off-Street Parking. The location and design standards for o-[fstreet 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 o(the Development Agreement), and not by any other provision ofthe Planning Code pertaining to o-[fstreet 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 sr2.ace per residential unit All Non-Residential Uses and Rer2.lacement 3400 spaces Parking for Stonestown Galleria Mall Pursuant to subsection (i)(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 sr2.aces 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 o(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 o(required bicycle parking shall be governed by the controls set forth in the DSG and the Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 38 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 ofshower 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 oft he Project Site. Upon expiration or termination of the Development Agreement as applied to a portion oft he 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 ofthe 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!n- 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. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 39 (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 atfgrdable housing. including but not limited to the State Density Bonus Law (California Government Code § 65 915 et seq.), the A(fordable Housing Bonus Program (Planning Code Section 206 et seq.), and Planning Code Section 207. (h) Modifications to Building Standards. (I) 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 Maior Modifications established in this subsection (h). No Minor or Maior Modifications shall be granted for increases to maximum Building height or the maximum number of o(f-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 (ii), below. The Planning Director may refer a Minor Modification to the Planning Commission for decision pursuant to the procedures described in subsection (;). below, if the Planning Director reasonably determines that the Minor Modification does not generally meet the intent of the SUD or DSG. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 40 (4) Maior Modifications. In order to grant a Maior Modification, the Planning Commission must find that the proposed Maior 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 Maior Modification in accordance with the procedures described in subsection 6iL (i) Proiect Review and Approval. The following proiect review and approval procedures shall apply in the SUD: (I) Purpose. The design review process for this SUD is intended to ensure that new Buildings and Proiect 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 Proiect 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 61L below, will not commence prior to approval of a Phase Application containing the proposed Vertical Improvement or Proiect Open Space. To ensure that Vertical Improvements. Buildings, and Proiect 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 0)(5)(B). below. before obtaining any permits for the applicable Building or Proiect Open Space (other than for demolition or site preparation, or for any Temporary or Interim Uses authorized pursuant to subsection (0 ofthis Section 249.9). Design review applications for Proiect Open Space can be submitted independently, or as part of an Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 41 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. (]) 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 Proiect Open Space. If an Applicant requests a Mai or 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 oft he 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 ofthe design review application in accordance with subsection (j)(2), above, Planning Department staffs hall conduct design review and prepare a staff report determining compliance with this SUD and the DSG. including a recommendation regarding any modifications sought. The staffreport 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 sta(fdetermines that the design is not compliant with this SUD or the DSG, the Applicant may resubmit the Application, in which case the Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 42 requirements ofthis subsection a> 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 Stones town 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 o((streetparking 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 Proiect Open Space. (A) Vertical Improvements and Proiect Open Space Seeking No Modifications, or Minor Modifications. Within 10 days after the delivery and posting o[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. Jfthe 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 43 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 Proiect Open Space Seeking Maior 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 (i)(5)(A), above, the Planning Commission shall calendar the item for a public hearing within 30 days after delivery and posting ofthe sta(freport 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 0)(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 o{review established under this subsection fil(h)(2), above,_ (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 o{Mitigation Measures and Monitoring Report. Compliance with applicable provisions of the Mitigation Measures and Monitoring Report. as may be amended or Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 44 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 thereor: until a Notice o(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 thereor: 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 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 45 Prnjoct without Variant Sub Aroa sc,"nario Project SitE: boundary [=:::J Propos(~d deve!oprnent parcels Project Open Spaco C _ J Van ant Sub-Arna Pt"<Jp•.?rty Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS z U) d z CJ ;:o EUCJ\LYP\ US DR1VF -·-·-· HUCKINCH/\M W/\Y (NORTH) w11 I I I I I I I W3/4 W2 .- . ---, -· E5 N '.c.; E2 I "1> ~ ~l E6 VV!NSTON DR s3: I ' I I I I I I I I I E1 STl<EE~_j E3 -1 S2 N (-1 __ .. ) )()() r·····~ ..... r--··-··, Page 46 SEC 263.36. STONESTOWN MIXED-USE HEIGHT AND BULK DISTRICT. a Boundaries o the Stonestown Mixed-Use Hei ht and Bulk District. The boundaries o the Stonestown Mixed-Use Height and Bulk District are set forth in Sectional Map HTJ 3 of the Zoning Map of the City and County of San Francisco and include all areas that are the subiect of the Stonestown Special Use District set forth in Planning Code Section 249.9, as shown on Special Use District Map SUI 3. (b) Purpose. The purpose o(the Stonestown Mixed-Use Height and Bulk District is to enable development of the Stonestown Special Use District as a high-density, mixed-use. sustainable community consistent with the Purposes set forth in Planning Code Section 249.9 and the Stonestown Design Standards and Guidelines (DSG) referenced therein. (c) Controls. (I) In the Stonestown Mixed-Use Height and Bulk District, height and bulk and definitions applicable thereto are governed by Planning Code Section 249.9 (the Stonestown Special Use District) and the DSG referenced therein. (2) Amendments to the height and bulk controls in this Stonestown Mixed-Use Height and Bulk District shall be as provided in Section 249. 9. Section 4. Article 6 of the Planning Code is hereby amended by revising Sections 604, 608, and adding Section 608.10, to read as follows: SEC. 604. PERMITS AND CONFORMITY REQUIRED. * * * * (f) Change of Copy. A mere change of copy on a sign the customary use of which involves frequent and periodic changes of copy shall not be subject to the provisions of this Section 604, except that a change from general advertising to nongeneral advertising sign Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 47 copy or from nongeneral advertising to general advertising sign copy or an increase in area including, but not limited to, any extensions in the form of writing, representation, emblem or any figure of similar character shall in itself constitute a new sign subject to the provisions of this Section 604. In the case of signs the customary use of which does not involve frequent and periodic changes of copy, and except as provided in subsection (m), below, a change of copy shall in itself constitute a new sign subject to the provisions of this Section 604 if the new copy concerns a different person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. * * * * (m) Existing Signs in the C-3 Zoning District and portions of the C-2 Zoning District. A change ofcopy on existing signs the customary use of which does not involve frequent and periodic changes of copy within (I) Existing signege in the C-3 zoning districtL er- {1J_ a C-2 zoning district that is east of or fronting Franklin Street/13th Street and north of Townsend Street. or (3) a C-2 zoning district that is also within the Stonestown SSDWQ. shall not be considered a new sign for purposes of subsection (f) so long as a permit is sought and approved subject to the provisions of this Section 604 or a more restrictive provision in a special sign district in Section 608 et seq., provided that a change from general advertising to nongeneral advertising sign copy or from nongeneral advertising to general advertising sign copy or an increase in area including, but not limited to, any extensions in the form of writing, representation, emblem or any figure of similar character shall in itself constitute a new sign subject to the provisions of this Section 604. Consistent with Section 608, this provision shall control over any conflicting, more restrictive provision in a special sign district. SEC. 608. SPECIAL SIGN DISTRICTS AND SIGNS IN SPECIAL USE DISTRICTS. In addition to the zoning districts that are established under other Articles of this Code, there shall also be in the City such Special Sign Districts as are established in this Article 6 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 48 and certain Special Use Districts with sign controls established in Article 2 in order to carry out further the purposes of this Code. In the event of inconsistency with any other provision of Article 6, the most restrictive provision shall prevail unless this Code specifically provides otherwise. (a) Special Sign Districts. The designations, locationsL and boundaries of these Special Sign Districts shall be as provided in this Article Q..and as shown on the Zoning Map referred to in Section 105, subject to the provisions of Section 105. The original of the sectional map of the Zoning Map for Special Sign Districts (numbered SSD) referred to in this Article is on file with the Clerk of the Board of Supervisors under File No. 138-62. In each such Special Sign District, signs, other than those signs exempted by Section 603 of this Code, shall be subject to the special controls in Sections 608.1 through 608.16, respectively, in addition to all other, or, if so expressly specified in those Sections, in lieu of other, applicable sign provisions of this Code. (b) Signs in Special Use Districts. The following Special Use Districts have sign controls specific to the district: (1) Sec. 249.64. Parkmerced Special Use District, as promulgated in the Parkmerced Design Standards and Guidelines. (2) Sec. 249.21. California Street and Presidio Avenue - Community Center Special Use District. (3) Sec. 249.5. North of Market Residential Special Use District. (4) Sec. 249.9. Stonestown Special Use District. SEC. 608.10. STONESTOWN SPECIAL SIGN DISTRICT. {a) General. There shall be a Special Sign District known as the "Stonestown Special Sign District" ("Stonestown SSD"). The boundaries ofthe Stonestown SSD shall be coterminous with the outer boundaries o the Stonestown S ecial Use District as established ursuant to Cha ter 249.9 an Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 49 shall also include the Stonestown Galleria Mall, as shown on Figure 608.10-1 and designated on Section Map SU3 oft he Zoning Map oft he City and County of San Francisco. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 50 Figure 608.10-1 Stonestown SSD Boundary NW1 STRHl l3 E4 1::3 Leqend Slonustov·m Spix1al S1~n 01slricl \SSD) S3 [tJC/\lYPlUS DRIVf.. w1, I I I I I I I W3/4 W2 STONESTOWN SPECIAL SIGN DISTRICf ORDINANCE• MARCH 2024 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS E5 N E2 I E6 WINSTOI, DR ! [ E1 STilEET A E3E * E4 S2 Page 51 (b) Purpose and Findings. (1) The Stonestown Development Proiect (Proiect) is a mixed-use, multi-phased master- planned development located on the west side of San Francisco, 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. It will provide several benefits to the City, such as a significant amount ofpublicly accessible open space, increased public access throughout the site, childcare facilities, extensive infrastructure improvements, and affordable housing, while creating iobs, housing. and a vibrant community. (2) In addition to furthering the purposes stated in Sections IOI and 601 ofthe Planning Code, the Stonestown SSD is intended to further the purposes of the Stonestown Special Use District, established pursuant to Section 249.9. The Stonestown SUD, and the Stonestown Design Standards and Guidelines (DSG), implement the land use controls for the Stonestown Development Proiect, which is subiect to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 240410. (3) The Stonestown Galleria Mall opened in 1952. Since that time, the mall has operated as a retail destination within the City. As of the enactment of the ordinance in Board File No. 240409 establishing the Stones town SSD, the mall provides ample parking spaces. Because there are no structures in the surface parking lot, the mall is visible to pedestrians, transit riders, and travelers in cars and other motor vehicles from 19th Avenue. (4) As part of the Proiect, the surface parking lots will be subdivided, and replaced with new development, streets, and open spaces. Portions of the newly built 20th Avenue, Buckingham Way, and side streets between 19th and 20th Avenues will be privately owned by the Stonestown Galleria Mall, or its affiliates. In addition to providing necessary circulation for and access to the mall, the private streets will provide on-street parking and access to additional parking for retail shoppers. The Stonestown Galleria Mall, or its affiliates, will also own additional contiguous open spaces, and Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 52 pedestrian pathways throughout the site. These private streets and parcels will be contiguous to and abut the mall, providing parking access, and facilitate foot tra(lic to the mall, as well as accessible open spaces to shoppers and residents of the Proiect. (5) The purposes o(this SSD include: ensuring the orderly development of the Proiect; safeguarding and enhancing the value of the surrounding residential and commercial areas; protecting the distinctive appearance of San Francisco due to its unique geography, topography, street patterns, skyline and architectural features,· providing an environment that promotes the development of business in the City,· encouraging sound practices and lessening obiectionable effects in respect to size and placement of signs,· and reducing hazards to motorists and pedestrians traveling on the public way. (6) To accomplish these purposes, this SSD sets controls for Signs within the Stonestown SSD area. (c) Controls. The Sign controls shall be as follows: (1) Signage Controls [or the Stonestown Galleria Mall. As to the Stonestown Galleria Mall, Article 6 o(the Planning Code shall apply, except as otherwise noted in this SSD. If there is an unavoidable conflict between the SSD and other applicable provisions o(Article 6 ofthe Planning Code, this SSD shall prevail. (A) Stonestown Galleria Mall Building Signage. Signs on the Stonestown Galleria Mall shall follow the number, area, height, and proiection requirements as shown in Table 608.10-1. Table 608.10-1 Stonestown Galleria Mall Signage Signage Number Sign Area Height (per Proiection (per Sign) Type Sign) Sign No limit. No limit, except at Lesser of the 75 percent of horizontal distance attached to the southern rooiljne {±om property line to the curb Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 53 building fa<;ade of immediately not exceeding more than six feet Stonestown above the Sign, beyond property line or building Galleria Mall 60 feet above fac;ade. Proiecting signs shall facing Buckingham ground not extend above the roofline. Way (South) is immediately limited to] 00 below the Sign, square feet. or the applicable height limit. Window No limit Not to exceed one- NIA NIA Sign third of the window area. Windows of active use shall comply with PC Section 145.1 w..@_ (B) Video Signs. Video Signs shall be permitted on specified Stonestown Galleria Mall building walls, as shown in 608.10-2 below. Each Video Sign is limited to 30 square feet in size. No more than one Video Sign is permitted for each JOO feet of building frontage. Video signs shall be located entirely within 24 feet of the ground. with no portion higher than 24 feet from the ground. Video Signs may not change the visual representation, including animation, motion, other rolling static images, or any representation thereat: any more frequently than once every 60 seconds when fronting a publicly-owned right of way, or every 15 seconds when fronting a privately-owned public right of way. The limitations in this subsection (B) shall not apply when the video display is Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 54 used for non-commercial purposes, which include movie screenings, community events. and interpretive historic, cultural, or art programming. Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 55 Figure 608.10-1 Location of Video Signs on Stonestown Galleria Mall E2 _':_' ( O ·-· -1 ·-~: - - -- j -- - - -E~ [_ - i f:\JC{,lYPTUS DRIVl S3 STONESTOWN SPECIAL SIGN O!STR!CT ORDINANCE., APRIL 2024 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS E1 Sl~l:l r /\ ~-----ll* E3E E4 Wll'~SiON DP S2 ,, ~----' ~~ s,- ~ Page 56 (C) Prohibited Signs. The following sign types shall be prohibited in the Stonestown SSD: General Advertising Signs (except as permitted pursuant to Planning Code Sections 603 and 611 ), roof signs, wind signs, revolving signs, balloon signs, inflated signs, and periodically, and repetitively flashing light signs that are not Video Signs. (2) Signage Controls in the Stonestown SUD. (A) Relationship to Planning Code. Except as provided in Planning Code Section 603, Signs on properties within the Stonestown SUD are subject to the controls set forth in this SSD and the DSG. No other provisions of Article 6 apply, unless specifically referenced in this SSD or DSG, but only to the extent and for the purposes stated in the SSD or DSG. Amendments to the Planning Code sections referenced in this SSD or the DSG made after the effective date of Ordinance 204-24 shall apply where not in conflict with this SSD, the DSG, or the Development Agreement. (B) Relationship to Design Standards and Guidelines. Except as noted in this SSD, the signage controls for property located in the Stonestown SUD area are set forth in the Stonestown Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21565, and as it may be amended. A copy ofthe DSG is on file with the Board File No. 240410,is available on the Planning Department's website, and is incorporated herein by reference. This SSD 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 SSD and the DSG, this SSD shall prevail. Amendments to the DSG shall be as set forth in the Stonestown SUD, established in Section 249.9. (C) Permitting. All Signs on properties within the Stonestown SUD shall be subiect to the permitting requirements of Section 604 oft he Planning Code. Existing signage in the Stones town SSD shall not be subiect to the provisions of Section 604; provided, however, that an increase in area of an existing Sign including, but not limited to, any extensions in the form of writing, representation. emblem or any figure of similar character shall in itself constitute a new Sign subiect to Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 57 the provisions of this Section. For purposes ofpermitting Business Signs for tenants o(the Stonestown Galleria Mall, "premises upon which such sign is located" means the Stonestown Galleria Mall along with contiguous parcels within the Stonestown SSD, including Parcels E2 and E6. that are under common ownership by the Stonestown Galleria Mall or its affiliate. and that are used primarily to provide pedestrian, bicycle, vehicular, or parking access to the Stonestown Galleria Mall. (D) Banner signs on utility poles. Banner signs on utility poles including lighting fixtures shall be permitted throughout the SSD. On City-owned utility poles, banner signs shall be governed by Public Works Code Article 5. 7. (E) Portable signage. Portable signage that need not be a(fixed to the ground or other surface. such as sandwich boards and valet parking signage, is permitted on the private streets within the Stonestown SSD and is limited to one sign ofno more than 24 square feet per business. All portable signage shall be located within Frontage Zones. Furnishing Zones. building setbacks, or open spaces fronting businesses. Portable signage in public right-of ways must comply with the applicable provisions in the Public Works Code, Transportation Code, Police Code, or other law. Section 5. Abolition of Legislated Setbacks Along 19th Avenue. (a) Consistent with former Article 4 of the Planning Code, which was superseded in October 1978 pursuant to Ordinance No. 443-78, Section 131 of the current Planning Code acknowledges certain City street frontages are subject to legislated setback lines that have been established by ordinance or resolution pursuant to former Article 4 of the Planning Code and earlier provisions of law. Ordinance No. 443-78 expressly continued the effectiveness of certain legislated setbacks as regulations of the Planning Code, including a legislated setback line beginning at the eastern boundary of Assessor's Block 7295, Lot No. 038 (the western boundary of 19th Avenue) and extending westward 15 feet. From north to south, the 15-foot Legislated Setback Line begins at the northern boundary of Assessor's Block No. 7295, Lot Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 58 No. 038; extends to the south through Assessor's Parcel Block No. 7295, Lot No. 002, again through Assessor's Block No. 7295, Lot No. 038 for a length of approximately 80 feet, before narrowing to 5.83 feet for the remainder of this same Block and Lot, and continuing through Assessor's Block No. 7296, Lot No. 005 terminating at Buckingham Way. Abolition of this legislated setback line will facilitate the development of the Stonestown Special Use District, Planning Code Section 249.9. (b) The Planning Code is hereby amended by abolishing the legislated setback described in Section 5(a) of this ordinance. Section 6. The Planning Code is hereby amended in accordance with Planning Code Section 106 by revising Zoning Map ZN13, Height and Bulk District Map HT13, and Special Use District Map SU13, and creating Special Sign District Map SS03, as follows: (a) To change Zoning Map ZN13 from C-2, RM-1, and RH-1(D) to S-MU, as follows: Assessor's Block Lot(s) 7295 7295 004 (portion) 7295 006, 007 7295 7295 037, 038 (portion) Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Current Zoning to Proposed Zoning to be be Superseded Approved RH-1 (D) S-MU (Stonestown Mixed-Use District) C-2 RH-1(D) C-2 RM-1 C-2 RH-1(D) Page 59 7296 005 (portion), C-2 006 (portion), 007, 008 (portion). Where only a portion of the lot is identified above, the legal description of the rezoned areas is found in Exhibit A-1 to the Development Agreement. (b) To change the Height and Bulk District Map HT13 from 65-D and 40-X to Stonestown Mixed-Use Height and Bulk District, as follows: Assessor's Block Lot 7295 7295 004 (portion) 7295 006, 007 7295 035, 037, 038 (portion) 7296 005 (portion), 006 (portion), 007, 008 Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS (portion), Current Height and Bulk District to be Superseded 40-X 65-D 40-X 65-D 40-X 65-D Proposed Height/Bulk to be Approved 30/190-ST Page 60 Where only a portion of the lot is identified above, the legal description of the rezoned areas is found in Exhibit A-1 to the Development Agreement. (c) Special Use District Map SU 13 is hereby amended to create the new Stonestown Special Use District, as follows: Assessor's Block Lot Special Use District 7295 Stonestown Special Use District 7295 004 (portion) 7295 006, 007 7295 035, 037, 038 (portion) 7296 005 (portion), 006 (portion), 007, 008 (portion), (d) Special Sign District Map SS01 is hereby amended to create the new Stonestown Special Sign District, as follows: Assessor's Block Lot 7295 002, 004, 006, 007, 035, 037, Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Special Sign District Stonestown Special Sign District Page 61 7296 005, 006, 007, 008, 009, 010 Section 7. Effective and Operative Dates. (a) This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (b) This ordinance shall become operative on its effective date or on the effective date of the Development Agreement for the Stonestown Development Project, enacted by the ordinance in Board of Supervisors File No. 240410, whichever date occurs later; provided, that this ordinance shall not become operative if the ordinance regarding the Development Agreement is not approved. (c) Notwithstanding subsection (b) above, this ordinance shall not become operative as to the areas labeled as "Variant Sub-Area", as shown on Figure 249.9-1 of the Planning Code, or any portion thereof, until the conditions in Planning Code Section 249.9(n) have been satisfied. A legal description of the area subject to this subsection (c) is on file with the Clerk of the Board of Supervisors in Board File No. 240410. Section 8. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 62 remaining portions or applications of the ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Robb Kapla ROBB KAPLA Deputy City Attorney n:\legana\as2024\2400151\01771172.docx Mayor Breed; Supervisor Melgar BOARD OF SUPERVISORS Page 63 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 240409 Date Passed: July 23, 2024 Ordinance amending the Planning Code and the Zoning Map to establish the Stonestown Mixed-Use District (SMD), Stonestown Special Use District (SUD), Stonestown Mixed-Use Height and Bulk District (HBO), and Stonestown Special Sign District (SSD), all generally bounded by Eucalyptus Drive and Buckingham Way to the north, 19th Avenue to the east, Buckingham Way to the south, and Buckingham Way to the west, with the SSD including the Stonestown Galleria Mall and the SMD, SUD, and HBO excluding the mall; abolishing an approximately 15-foot legislated setback on the west side of 19th Avenue between Eucalyptus Drive and Buckingham Way; making findings under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. July 08, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 08, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED July 15, 2024 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 16, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Excused: 1 - Engardio July 23, 2024 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 10 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Excused: 1 - Engardio Page I Printed at 1:13 pm 011 7/24/24 File No. 240409 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/23/2024 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board lf/1 I 2'l Date Approved Printed at I: 13 pm on 7/24/24