249.20

SEC. 249.20. GEARY-MASONIC SPECIAL USE DISTRICT. (a) General. A Special Use District entitled the Geary-Masonic Special Use District (“District”), the boundaries of which are shown on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set out helow.

(b) Purpose. In order to provide for a mixed use development project with ground floor retail, and a combination of very low income, low-income, moderate-income, middle-income, and market rate residential units, at densities higher than what otherwise would be permitted in the NC-3 zoning district and 80 foot height district, in an area well-served by transit, there shall be a Geary-Masonic Special Use District consisting of Assessor’s Block 1071, Lot 003 as designated on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco. (c) Development Controls. Applicable provisions of the Planning Code for NCT-3 Districts as set forth in Section 752 shall apply within this Special Use District, except for the following: (1) Use Size. Non-residential uses 3000 square feet and above shall require a conditional use under Section 121.2. Uses more than 6000 square feet in size are not permitted. (2) Accessory Vehicle Parking. No minimum off-street parking shall be required for any use in this Special Use District. No parking shall be permitted above .5 cars for each Dwelling Unit. (3) Car-sharing. Notwithstanding the provisions of section 166, no less than 25% of parking spaces provided shall be an off-street car-share parking space and shall be provided on the building site. Except as expressly provided herein, all other provisions of section 166 shall apply. (4) Parking and Loading Access. Parking and Loading access from Masonic Avenue is not permitted. (5) Dwelling Unit Mix. The project shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom units, including at least 10% three bedroom units; or (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the project are provided in units with more than one bedroom. (6) Ground Floor Non-Residential Height. Notwithstanding Section 145.1(c)(4), non-residential uses on the ground floor shall have a minimum floor-to-floor height of 12 feet, measured from the ground floor slab. (d) Inclusionary Housing. Compliance with Section 415 et seq. shall be by payment of the affordable housing fee, or provision of on-site units, as follows: (1) Affordable Housing Fee. Payment of the Affordable Housing Fee pursuant to Section 415.5 and subject to the following provisions: (A) For a project providing Owned Units, the applicable percentage shall be 33% of the Gross Floor Area of residential use. (B) For a project providing Rental Units, the applicable percentage shall be 30% of the Gross Floor Area of residential use. (C) Use of Fees. Fees shall be payable to the Development Fee Collection Unit at DBI for deposit into the Citywide Affordable Housing Fund. MOHCD shall designate and separately account for all fees that it receives under this subsection (d)(1). The funds shall be used exclusively to acquire and construct a 100% affordable housing project on a site located within one and one-half mile of the boundaries of the SUD. If such funds have not been allocated for the acquisition or predevelopment of a project on a site within one and one-half mile of the boundaries of the SUD within five years of deposit into the Citywide Affordable Housing Fund, such funds may be used anywhere in the City and for any size project 1 (2) On-Site Inclusionary Units. On-site Units pursuant to Section 415.6 in the following amounts and income levels: (A) In a rental project, at least 10% of units must be affordable to very low-income households, at least 4% must be affordable to low-income households, at least 4% must be affordable to moderate-income households and at least 5% must be affordable to middle-income households. For purposes of this section, rental units for very low-income households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for very low-income units. For purposes of this section, rental units for low-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning up from 65% to 90% of Area Median Income eligible to apply for low-income units. For purposes of this section, rental units for moderate-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 120% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, rental units for middle-income households shall have an affordable rent set at 120% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for middle- income units. For any affordable units with rental rates set at 110% of Area Median Income or above, the units shall have a minimum occupancy of two persons. (B) In an ownership project, at least 11% of units must be affordable to very low-income households, at least 5% must be affordable to low-income households, at least 5% must be affordable to moderate income households and at least 5% must be affordable to middle-income households. For purposes of this section, ownership units for very low-income households shall have an affordable sales price set at 80% of Area Median Income or less, with households earning up to 100% of Area Median Income eligible to apply for very low-income units. For purposes of this section, ownership units for low-income households shall have an affordable sales price set at 105% of Area Median Income or less, with households earning up from 95% to 120% of Area Median Income eligible to apply for low-income units. For purposes of this section, ownership units for moderate-income households shall have an affordable sales price set at 130% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, ownership units for middle-income households shall have an affordable sales price set at 150% of Area Median Income or less, with households earning from 140% to 160% of Area Median Income eligible to apply for middle-income units. For any affordable units with sales prices set at 130% of Area Median Income or above, the units shall have a minimum occupancy of two persons. (3) The grandfathering provisions in Section 415.3(b) shall not apply. Except as expressly provided in this subsection (d), all other provisions of Section 415 shall apply. (Added by Ord. 45-18, File No. 161109, App. 3/16/2018, Eff. 4/16/2018; amended by Ord. 70-20, File No. 191002, App. 5/1/2020, Eff. 6/1/2020; Ord. 174-21, File No. 200519, App. 10/29/2021, Eff. 11/29/2021) (Former Sec. 249.20 added by Ord. 472-97, App. 12/23/97; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Divisions (c)(2) and (d) amended; divisions (c)(6) and (d)(1)- (d)(2) added; former divisions (d)(1) and (d)(2) redesignated as (d)(2)(A) and (d)(2)(B); Ord. 70-20, Eff. 6/1/2020; Ord. 174-21, Eff. 11/29/2021. CODIFICATION NOTE 1. So in Ord. 174-21. SEC. 249.21. CALIFORNIA STREET AND PRESIDIO AVENUE - COMMUNITY CENTER SPECIAL USE DISTRICT. A Special Use District entitled the "California Street and Presidio Avenue - Community Center Special Use District" (also referred to as the "California-Presidio Special Use District") the boundaries of which are shown on Sectional Map No. SU03 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below. (a) Purposes. The purpose of this Special Use District is to provide for the development of a Community Facility, Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility or a Residential Care Facility on a site that is currently split-zoned, which will serve both the immediate neighborhood and the larger San Francisco community, with related educational, cultural, social and recreational uses, including, but not limited to, retail sales, eating and drinking facilities and parking. (b) Controls. All provisions of the Planning Code currently applicable to the RM-1 District and Sacramento Street Neighborhood Commercial District ("Sacramento NCD") portions of the California-Presidio Special Use District shall continue to apply to those portions of the site, except as otherwise provided in this Section 249.21. (1) Permitted Uses. The following uses (including, without limitation, all uses which are principal permitted uses in RM-1 and Sacramento NCD Districts) shall be permitted as principal uses in this Special Use District: Community Facility, Child Care Facility, School, Post-Secondary Educational Institution, Religious Institution, Social Service or Philanthropic Facility or a Residential Care Facility, which may include, but are not limited to, theatre, auditorium, performance, and meeting space, classrooms, art activities, including but not limited to, dance and music studios, health club, fitness center and related uses, including, but not limited to, aerobics and cardiovascular areas, gymnasium, pools, spa and other uses incidental thereto, social services, youth and day camp, teen programs, Eating and Drinking uses (as defined in Section 102 of this Code, with the exception of Eating and Drinking uses that are also defined as Formula Retail), Arts Activities, Nighttime Entertainment, on-site catering, childcare, retail, roof top recreation (including, but not limited to, basketball courts, play structures and other related uses), rooftop garden and parking. Such uses shall not be limited by story and may serve both the immediate neighborhood and the larger San Francisco community. The permitted hours of operation of commercial establishments shall be from 5 a.m. to 12 a.m.; any extended hours will require conditional use authorization pursuant to Subsection (b)(2) hereunder. (2) Conditional Uses. The Planning Commission may authorize the following uses within the California-Presidio Special Use District as a conditional use in accordance with the requirements of Section 303 of this Code: (A) Any principally permitted use under Subsection (b)(1) above where the total floor area exceeds 130,000 gross square feet of floor area, excluding all parking and loading areas, including driveways and maneuvering areas incidental thereto, located entirely below curb level at the center line of the building along its California Street frontage.