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FILE NO. 250426 SUBSTITUTED 9/16/2025 ORDINANCE NO. 248-2 [Planning Code, Zoning Map - San Francisco Gateway Special Use District] Ordinance amending the Planning Code and the Zoning Map to establish the San Francisco Gateway Special Use District generally bounded by Kirkwood Avenue to the northeast, Rankin Street to the southeast, McKinnon Avenue to the southwest, and Toland Street to the northwest; 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 ,""lev,1 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. Environmental and Land Use Findings. (a) At its hearing on September 25, 2025, and prior to recommending the proposed Planning Code amendments for approval, by Motion No. 21826, the Planning Commission certified a Final Environmental Impact Report (FEIR) for the San Francisco Gateway Project (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. 250426, and is incorporated herein by reference. In accordance with the actions contemplated in this ordinance, this Board has reviewed the FEIR, concurs with its Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 1 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 September 25, 2025, by Motion No. 21827, the Planning Commission also adopted findings under CEQA and a Mitigation Monitoring and Reporting Program (MMRP). A copy of said Motion and MMRP are in Board of Supervisors File No. 250426, 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. The Board also adopts and incorporates by reference as though fully set forth herein the Project's MMRP. (c) At the same hearing on September 25, 2025, the Planning Commission, in Resolution No. 21828, 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. 250426, 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 the reasons set forth in Planning Commission Resolution No. 21828 and the Board incorporates such reasons herein by reference. Section 2. Article 2 of the Planning Code is hereby amended by adding Section 249. 7, to read as follows: SEC. 249.7. SAN FRANCISCO GATEWAY SPECIAL USE DISTRICT. Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 2 (a) General. A Special Use District entitled the "San Francisco Gateway Special Use District" (SUD) is hereby established, generally bounded by Kirkwood Avenue to the northeast, Rankin Street to the southeast, McKinnon Avenue to the southwest, and Toland Street to the northwest. The precise boundaries of the SUD are shown on Sectional Map SUI O of the Zoning Map. (b) Purpose. The purpose ofthe SUD is to accommodate a unique combination of PDR (Production, Distribution, and Repair) uses, including both traditional and evolving PDR uses, and to give effect to the Development Agreement for the San Francisco Gateway Proiect ("Development Agreement"), as approved by the Board ofSupervisors in the ordinance in File No. 250427. The SUD will advance established City policy to create, protect, and preserve P DR uses and a wide range o( employment opportunities, in light of economic pressures that have reduced P DR space and employment opportunities across San Francisco. New, large-scale PDR development has been limited in San Francisco given the higher rents obtainable for other land uses, and existing P DR space that has not been redeveloped for other uses is frequently unsuitable for current P DR users. The SUD contains a large site with a single owner, and as such is uniquely positioned within the P DR districts _for a large-scale, modern PDR development to meet the needs o(City businesses and residents. P DR businesses provide employment opportunities for a wide range of workers, including those without college degrees or experience, at generally higher salaries than the retail sector. The development facilitated by the SUD would provide these opportunities for a wide range of workers, both by directly creating new iobs and providing spaces and services that support other City businesses and industries. With climate change, as well as industry and regulatory changes, PDR businesses need flexible facilities that can accommodate a variety of vehicle types and sizes. The SUD 's site-specific development controls are necessary to adapt and refine P DR district zoning controls generally designed for smaller P DR buildings with a single user. The controls will facilitate the development o( high-efficiency, enclosed P DR buildings with multiple users, large P DR spaces that accommodate Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 3 modern loading facilities and vehicle circulation, and the transition to electrified vehicle fleets for such users. (c) Definitions. "Maior Modification" means a deviation of 15% or more from any dimensional or numerical standard in this SUD or in the DSG. "Minor Modification" means a deviation o[less than 15% from any dimensional or numerical standard in this SUD or in the San Francisco Gateway Design Standards and Guidelines (DSG), or any deviation from any non-numerical standard in the DSG. (d) Relationship to the Development Agreement. This Section 249. 7 shall be read and construed consistent with the Development Agreement, and all development within the SUD that is subiect to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect. (e) Relationship to Design Standards and Guidelines. The San Francisco Gateway Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21831, and as may be periodically amended, sets forth standards and guidelines applicable within the SUD and are incorporated here by reference. A copy ofthe DSG is on file with the Board of Supervisors in File No. 250426 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 ofthis subsection (e), "minor amendments to the DSG" shall be defined as amendments that are necessary to correct inadvertent omissions or mistakes in the DSG and are consistent with the intent ofthe DSG, the SUD, the General Plan, and the Development Agreement. (f) Development Controls. Applicable provisions o{the Planning Code shall control except as Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 4 otherwise provided in this Section 249. 7. In the event of a conflict between other provisions o{the Planning Code and this Section 249. 7, the provisions of this Section 249. 7 shall control. (1) Development applications for the construction of new buildings within the SUD shall require a Conditional Use Authorization for a Planned Unit Development, except those buildings constructed pursuant to Section 181 (d). (2) Uses. Except as described in this subsection (j)(2), uses shall be conditionally or principally permitted pursuant to the controls for the P DR-2 zoning district in Section 210. 3. The following use controls apply in the SUD: (A) Private Parking Garage is principally permitted, provided that such garage use shall not allow for storage or parking ofpersonal vehicles in the form of employee, commuter, or short-term visitor parking. Within the SUD, such Private Parking Garage use may include storage and parking of automobiles, trucks, buses, vans, bicycles, motorcycles, and similar vehicles for any duration o[time, and shall not be subiect to provisions regulating automobile parking or loading as set cforth in Article 1.5. Washing, loading, preparation for vehicle movement in and out of the garage, and light maintenance of such vehicles is permitted as accessory to the Private Parking Garage use without limitation as to the area used for such activities. (B) The addition or inclusion of electric vehicle charging and associated infrastructure shall be permitted for any principally permitted or conditionally permitted uses established within the SUD and shall not be considered a change of use, notwithstanding any restriction on Fleet Charging as an accessory use contained in the Planning Code. (C) Parcel Delivery Service is principally permitted up to a total of 225,000 square feet of Occupied Floor Area within the SUD, and is permitted as an accessory use to any other principal use established within the SUD. Any amount of Parcel Delivery Service use beyond this limit shall require Conditional Use authorization pursuant to Section 303(cc). (3) No more than a total of8,500 square feet of Occupied Floor Area for Retail Sales Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 5 and Service uses shall be permitted within the SUD. The use size limits on Retail Sales and Service uses as described in Section 210. 3A shall not apply within the SUD. (4) Maximum Off-Street Parking. Off-street parking is not required but shall not exceed a maximum ofl.5 spaces per 200 square feet o{Gross Floor Area for all Retail Sales and Services uses, and a maximum of] space per 1,500 square feet of Gross Floor Area for all other uses. Where off-street parking is provided that exceeds the amounts identified above. such parking shall be classified not as accessory parking but as a conditional use. (5) Building Height Exemptions. In addition to the building height exemptions listed in Section 260(b), the following features shall also be exempt from the height limits established by this Code: (A) Solar Array and EV Charging System Components. Any component of a solar array system needed to collect or store solar energy, support and maintain solar panels, and transfer their captured energy, and any component of a charging system for electric vehicle charging. System components include solar panels and mounting hardware, any vertical and horizontal structures utilized to support the solar panels, fire sprinkler system components, lighting. conduit, cabling and battery storage, as well as infrastructure for electric vehicle charging. This exemption shall be limited to the top 20 feet of such features, without regard to their horizontal area. (B) Vehicle Parking and Circulation. Parking and circulation ofpassenger and non-passenger vehicles, without additional structures or equipment other than trellises or similar overhead screening for such vehicles with a maximum height of20 feet. This exemption shall apply without regard to horizontal area. (C) Vertical Screening for Vehicle Parking and Circulation. Vertical screening for vehicle parking and circulation, with a maximum height of eight feet. This exemption shall apply without regard to horizontal area. (D) Awnings. Horizontal awnings or other covering elements pro;ecting from Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 6 rooftop penthouses for the purpose of adequately protecting elevator and stair openings from water intrusion and damage, with a maximum height of I 2 feet, and a maximum horizontal area of] 00 square feet per protected opening. (6) Streetscape and Pedestrian Improvements. The Streetscape and Pedestrian Improvements requirements set forth in Section 138.1 shall not apply within the SUD. The streetscape and pedestrian improvements included in Exhibit P to the Development Agreement shall govern within the SUD. (7) Transportation Demand Management. The Transportation Demand Management (TDM) Program requirements set forth in Section 169 shall not apply within the SUD. The TDM provisions included in Exhibit J to the Development Agreement shall govern within the SUD. (8) Demolition and Replacement of Industrial Buildings in PDR Districts. The demolition and replacement requirements for industrial buildings containing Industrial Uses shall not apply within the SUD for any building constructed pursuant to the Development Agreement while it is in effect. (g) Proiect Review and Approval. (]) Design Review and Approval. An applicant may submit, but is not required to submit, a design review application for review by the Planning Department for consistency with the Planning Code, including this Section 249. 7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, prior to preparing and submitting a site or building permit application. If an applicant elects to submit a design review application, the applicant must receive approval from the Planning Director, or the Planning Commission i[required, before obtaining any permits for the applicable building construction (other than for demolition or site preparation). If an applicant proposes a Minor Modification or Ma;or Modification, the applicant must obtain such Minor Modification or Ma;or Modification through a design review application approval. Standards and limitations on design review application approval are set forth in the Development Agreement and in Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 7 subsection (g)(2). Nothing in this Section 249. 7 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. (2) Design Review Applications and Process. (A) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with the Planning Code, including this Section 249. 7, the Conditional Use Authorization for a Planned Unit Development, and the DSG. including site plans. floor plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design o[the proposed building(s). The design review application shall not be required to identify infrastructure or streetscape improvements that may be required in association with the proposed building(s), which are subiect to the review and approval process described in the Development Agreement. If an applicant requests a Minor Modification or Mai or Modification, the application shall describe proposed changes in reasonable detail, including narrative and supporting images, if appropriate, and a statement ofthe purpose or benefits ofthe proposed modification(s). (B) Completeness. Planning Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days of the date of the application or, if applicable, within 15 days o[receipt of any supplemental information requested pursuant to this section. (C) Design Review Process. Following a determination of completeness of the design review application in accordance with subsection (g)(2)(B), Planning Department sta(fshall conduct design review. If an applicant submits a design review application that does not propose any Minor Modifications or Maior Modifications, the Planning Director, within 30 days o[the determination of completeness, shall prepare and issue a design review approval letter to the applicant if'the design is found to be in compliance with the Planning Code, including this Section 249. 7, the Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 8 Conditional Use Authorization for a Planned Unit Development, and the DSG, or notify the applicant of their determination of non-compliance. If an applicant submits a design review application that proposes Minor Modifications or Maior Modifications, Planning Department sta(fshall prepare a staff report assessing compliance with the Planning Code, including this Section 249. 7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, including a recommendation regarding any Minor Modifications or Mai or Modifications sought. The staff report shall be delivered to the applicant and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department's website for public review, within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with the Planning Code, including this Section 249. 7, the Conditional Use Authorization for a Planned Unit Development, or the DSG, the Applicant may resubmit the application, in which case the requirements of this subsection (g)(2) for determination of completeness, staffreview and determination of compliance, and delivery, _filing, and posting of the staff report, shall apply anew. (D) Approvals and Public Hearings for Buildings. (i) Buildings Seeking Minor Modifications. Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design based on its compliance with the Planning Code, including this Section 249. 7, the Conditional Use Authorization for a Planned Unit Development, and the DSG. If the design review application is consistent with the quantitative standards set forth in this Section 249. 7 and the DSG, the Planning Director's discretion to approve or disapprove the design review application shall be limited to the application's consistency with the qualitative, non-numeric, and non- dimensional elements o(the DSG. Notwithstanding any other provisions ofthis Section 249. 7, the Planning Director may, in their discretion, refer any application that proposes a Minor Modification to the Planning Commission i(the Planning Director determines that the proposed Minor Modification does not meet the intent ofthe DSG or this Section 249. 7. Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 9 (ii) Buildings Seeking Maior Modifications, or Minor Modifications Referred by Planning Director. If a design review application seeks one or more Mai or Modifications, or i(a design review application that proposed a Minor Modification is referred to the Planning Commission, the Planning Commission shall calendar the item for a public hearing within 30 days after delivery and posting o(the staffreport on the design review application, or the Planning Director's referral (as applicable), subiect to any required noticing. The Planning Commission's review shall be limited to the proposed Maior Modification, or the Minor Modification referred by the Planning Director. 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 review application, including the granting of any Mai or Modifications or referred Minor Modifications in accordance with the standard o(review established under this subsection (g)(2). !fa Maior Modification or intensification o(a Planned Unit Development exception requires Planning Commission approval ofa new Conditional Use Authorization, the Planning Commission shall consider such new Conditional Use Authorization in coniunction with the design review application proposing a Major Modification, and the above timelines for staff review and determination of compliance, and delivery, filing, and posting o(the staff report, shall not apply. (iii) Notice o(Hearings. Notice o(any Planning Commission hearings required under this SUD shall be provided in accordance with Planning Code Section 333. (3) Use Consistency Review. All site or building permit applications for construction of new buildings or alterations o(or additions to existing structures, or for permits of occupancy that would authorize a new use or a change of use, including changes within subcategories of use ("Applications"), submitted to the Department o(Building Inspection shall be forwarded to the Planning Department for use consistency review within 15 days of submittal. For purposes of this subsection (g)(3), Applications do not include any submittals for interior improvements, modifications, or alterations that do not involve a new use or change of use, or an expansion or intensification o(an Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 10 existing use, provided however, that any such improvement, modification, or alteration shall otherwise comply with the applicable requirements ofthe Planning Code. Once referred, the Department shall review the Application for consistency with the Planning Code, including this Section 249. 7, the Development Agreement, the DSG. and any applicable Conditional Use Authorization. The Application shall include any documents, plans, and materials necessary to determine such consistency. (4) Discretionary Review. No requests for discretionary review shall be accepted or heard for pro;ects within the SUD. Section 3. The Zoning Map of the Planning Code is hereby amended in accordance with Planning Code Section 106 by revising Height and Bulk District Map HT10 and Special Use District Map SU10, as follows: (a) To change the Height and Bulk District Map HT10 from 65-J to 97-X, as follows: Assessor's Block Lot Current Height and Proposed Height/Bulk to Bulk District to be be Approved Superseded 5284A 65-J 97-X 5287 65-J (b) Special Use District Map SU 10 is hereby amended to create the new San Francisco Gateway Special Use District, as follows: Assessor's Block Lot Special Use District 5284A San Francisco Gateway Special Use Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 11 15287 1002 I District Section 4. Effective and Operative Dates. (a) This ordinance shall become operative on its effective date or on the effective date of the Development Agreement for the San Francisco Gateway Project, enacted by the ordinance in Board of Supervisors File No. 250427, whichever date occurs later; provided, that this ordinance shall not become operative if the ordinance regarding the Development Agreement is not approved. (b) 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. II II II II II II II II II II II II Section 5. Severability. Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 12 , I, 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 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\as2025\2500283\01869043.docx Supervisors Walton, Fielder, Chen, Melgar, Dorsey, Mandelman BOARD OF SUPERVISORS Page 13 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250426 Date Passed: December 02, 2025 Ordinance amending the Planning Code and the Zoning Map to establish the San Francisco Gateway Special Use District generally bounded by Kirkwood Avenue to the northeast, Rankin Street to the southeast, McKinnon Avenue to the southwest, and Toland Street to the northwest; 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. November 03, 2025 Land Use and Transportation Committee - RECOMMENDED November 18, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton December 02, 2025 Board of Supervisors - FINALLY PASSED Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill, Walton and Wong File No. 250426 I hereby certify that the foregoing City and County of San Francisco Daniel Lurie Mayor Page 1 Ordinance was Fl NALLY PASSED on 12/2/2025 by the Board of Supervisors of the City and County of San Francisco. f Angela Calvillo Clerk of the Board Date Approved Printed at 8:40 am on 12/3125