249.14

SEC. 249.14. THIRD STREET SPECIAL USE DISTRICT. (a) Purpose. There shall be a special use district known as the Third Street Special Use District, as designated on Sectional Map No. SU10 of the Zoning Map of the City and County of San Francisco, encompassing the commercially and industrially zoned property fronting Third Street from Cesar Chavez Street to Meade Avenue. The purpose of this special use district is to enhance the social and economic vitality of Third Street as the primary neighborhood commercial district for the Bayview Hunters Points area and encourage a healthier mix of essential neighborhood-serving retail uses and by allowing for drive-up facilities as a conditional use. (b) Controls. (1) A Restaurant or a Limited Restaurant, as defined in Section 102 of this Code, may have a drive-up facility only with conditional use authorization by the Planning Commission. In addition to the conditional use criteria set forth in Section 303, the Commission shall find that: (A) The restaurant does not form a part of any continuous retail frontage (defined for purposes of this Subsection as two or more buildings which contain commercial uses and which have a continuous façade line at street level unbroken by any driveway, alley or walkway having a width greater than five feet; (B) The restaurant is located on a lot that: (i) Adjoins three city streets, (ii) Is not within 500 foot walking distance of an elementary or secondary school; and (C) The restaurant has sufficient off-street queuing space for at least eight cars and has off-street parking as required in Article 1.5 of this Code; and (D) The proposed building massing and site planning is designed to complement the urban character of the street and respect pedestrian access along Third Street; and (E) To the extent feasible, the project provides for additional residential development and/or other land use activities on the site. (Added by Ord. 349-95, App. 11/3/95; amended by Ord. 67-03, File No. 021338, App. 4/18/2003; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Divisions (a) and (b)(1) amended; Ord. 22-15, Eff. 3/22/2015.

SEC. 249.15. MISSION AND 9TH STREET SPECIAL USE DISTRICT. (a) In order to provide for a mixed use development project on the Mission Street transit corridor in which 100% of Dwelling Units are affordable to low-income households, that exceeds the 120-X height limit, and that requires certain modifications to the otherwise applicable requirements for open space, exposure and floor area ratio, there shall be a Mission and 9th Street Special Use District (SUD) at 1270 Mission Street located at Lots 20 and 21 of Assessor’s Block 3701, as designated on Sectional Map SU07 of the Zoning Map. The exceptions to the applicable height, open space, floor area ratio, and exposure requirements set forth below, the rezoning of the applicable height district set forth in the ordinance in Board File No. 251250 creating this Section 249.15, and the resulting increased number of Dwelling Units allowed by the SUD, shall be considered forms of assistance specified in Chapter 4.3 of the California Government Code and shall not be combined with additional density or concessions, waivers, or other modifications to development standards pursuant to any state or local law. (b) Controls. All provisions of the Planning Code applicable to a C-3-G District shall apply except as otherwise provided in this Section 249.15(b). (1) Height Exception for 100% Affordable Housing Projects. A 100% Affordable Housing Project, defined as any project where the principal Use is housing comprised solely of housing that is restricted for a minimum of 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, as affordable for “lower income households,” as defined in California Health & Safety Code Section 50079.5, may exceed a height of 120 feet, up to the applicable height limit set forth in the Zoning Map. (2) Open Space for Dwelling Units. In a 100% Affordable Housing Project, as defined in subsection (b)(1), up to 40% of the usable open space required by Section 135 may be provided off-site, but shall be located within the SUD or within 900 feet of the boundaries of the SUD. Open space must be of one or more of the following types: (A) An unenclosed plaza at street grade, with seating areas and landscaping; (B) A terrace or roof garden with landscaping; (C) Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width, such as sidewalk widening or building setbacks; or (D) Streetscape improvements with landscaping and pedestrian amenities on alleyways from building face to building face, beyond basic street tree planting or street lighting as otherwise required by the Planning Code or other parts of the Municipal Code. (3) Floor Area Ratio. In a 100% Affordable Housing Project, as defined in subsection (b)(1), the floor area ratio limits set forth in Sections 123 and 124 of this Code for C-3-G Districts shall not apply to Residential Uses as defined in Section 102. For all other projects, applicable floor area ratio limits shall apply. (4) Exposure. In a 100% Affordable Housing Project, as defined in subsection (b)(1), Dwelling Unit exposure requirements of Section 140 shall not apply. (c) As long as the Planning Commission has delegated its authority to the Planning Director, the Planning Director is authorized to approve only those modifications to Commission Motion No. 19768 necessary to permit construction of a 100% Affordable Housing Project as defined in subsection (b)(1), including modifications to: (1) references to the number and affordability levels of any affordable units; and (2) conditions of approval inapplicable to 100% affordable housing projects under the Planning Code. (d) This Section 249.15 shall expire by operation of law five years after its effective date unless a project described in subsection (a) has been issued a site permit on or before that date, or the Board of Supervisors, on or before that date, extends that date. Upon expiration of this Section, the City Attorney is authorized to cause this Section 249.15 to be removed from the Planning Code. (Added by Ord. 4-17, File No. 161067, App. 1/20/2017, Eff. 2/19/2017; amended by Ord. 45-26, File No. 251250, App. 3/26/2026, Eff. 4/26/2026) (Former Sec. 249.15 added by Ord. 349-95, App. 11/3/95; repealed by Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012) AMENDMENT HISTORY Section amended in full; Ord. 45-26, Eff. 4/26/2026. SEC. 249.16. OAKDALE AVENUE AND QUINT STREET AFFORDABLE HOUSING SPECIAL USE DISTRICT. In order to provide affordable rental housing opportunities for low-income households for elderly or disabled persons there shall be an Oakdale Avenue and Quint Street Affordable Housing Special Use District, consisting of Lots 14 and 15 in Assessor's Block 5320, a rectangular parcel beginning at the southeasterly corner of Oakdale Avenue and Quint Street, thence easterly 50 feet along the southerly line of Oakdale Avenue for a uniform depth of 92.50 feet, as designated on Sectional Map No. SU10 of the Zoning Map. The following provisions shall apply within such special use district. (a) Any developer of housing who agrees to construct at least 50 percent of the total units of a housing development for elderly or disabled persons or families of low or moderate income shall be entitled to a density double that otherwise permitted for the subject property. "Persons or families of low or moderate income" shall be as defined in Sections 50079.5, 50093 and 50105 of the Health and Safety Code. (b) In this district all of the provisions of the City Planning Code for residential development shall continue to apply, including setback, rear yard, open space, height and bulk, and off- street parking standards. (c) The controls of this Section shall remain in effect until December 31, 1999. (Added by Ord. 122-96, App. 3/28/96) SEC. 249.17. THIRD STREET AND ARMSTRONG AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT. In order to provide for affordable rental opportunities for very low, lower and/or moderate income households, there shall be a Third Street and Armstrong Avenue Affordable Housing Special Use District, consisting of Lot 6 of Assessor's Block 5419, as designated on Sectional Map 10SU of the Zoning Map. The following provisions shall apply within such special use district: (a) Any developer of housing who agrees to construct at least (1) 20 percent of the total units of a housing development for lower income households or (2) 10 percent of the total units of a housing development for very low income households, shall be entitled to a density bonus upon approval by the City Planning Commission as a conditional use under Section 303 of this Code. (b) For purposes of this Section, the following definitions shall apply: (1) "Density bonus" shall mean a density increase of 43 percent over the number of dwelling units otherwise permitted in the district. The density bonus shall not be calculated as part of the total units for purposes of determining the percentage of designated units. (2) "Designated unit" shall mean a housing unit identified and reported by the developer of a housing development as a unit that is affordable to households of low or very low income. (3) "Housing development" shall mean five or more dwelling units. (4) "Lower income households" is defined in Section 50079.5 of the Health and Safety Code. (5) "Very low income households" is defined in Section 50105 of the Health and Safety Code. (c) In this district all of the provisions of this Code applicable to residential development in an M-1 Zoning District shall continue to apply, including the requirement that conditional use