249.21

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.

(B) Any use not authorized as a principal permitted use in Subsection (b)(1) which is allowed as a conditional use in either the RM-1 or Sacramento NCD Districts. (3) Conditional Use and Architectural Design Review by Planning Commission. Any application for any new structure, or significant enlargement of any existing structure to house a use permitted within the California-Presidio Special Use District shall be subject to conditional use review and approval by the Planning Commission in accordance with the requirements in this Subsection (b)(3). The Planning Commission shall approve such application if it finds that the proposed project: (A) Meets the height, bulk, floor area limitation, parking standards and other standards or requirements of the California-Presidio Special Use District set forth below, (B) Is consistent with the Priority Policies set forth in Planning Code Section 101.1, and (C) With respect to the architectural design that: (i) The mass and façade of the proposed structure are compatible with the existing scale of the underlying RM-1 and Sacramento NCD Districts, (ii) The façade of the proposed structure is compatible with design features of other non-residential façades and contributes to the positive visual quality of the underlying RM-1 and Sacramento NCD Districts, (iii) The treatment of screening, service areas, lighting and general signage program is compatible with non-residential buildings in the area or with the design and purposes of the proposed project, and (iv) The building is designed in discrete elements which respect the scale of development in the neighborhood. The criteria in this Subsection (b)(3) shall be in lieu of the criteria set forth in Sections 303(c), Section 121.1 (Development of Large Lots, Neighborhood Commercial Districts) and Section 121.2 (Use Size Limits (Non-Residential), Neighborhood Commercial Districts) and Section 253 (Review of Proposed Buildings and Structures Exceeding a Height of 40 Feet in R Districts) of this Code. In making determinations on applications for conditional use authorization within the California-Presidio Special Use District, the Planning Commission shall consider the purposes set forth in Subsection (a) above, in addition to any other criteria to be applied hereunder. (4) Floor Area Ratio. The floor area ratio limit shall be 2.5 to 1, provided, however, that the limit shall not apply to floor area used for off-street parking and loading and for driveways and maneuvering areas incidental thereto, where such parking and loading is located entirely below curb level as measured from the property line at the center point of the building along its California Street frontage. (5) Height and Bulk Restrictions. The applicable Height and Bulk for this Special Use District shall be 65-X. (6) Required Setbacks - Site Coverage. The provisions of Sections 132, 134, and 136 of this Code governing setbacks shall not apply. (7) Parking. The off-street parking requirement may be modified by the Planning Commission pursuant to the procedures for granting Conditional Use authorization set forth in Section 303 of this Code. In acting upon any application for a modification of parking requirements the Planning Commission shall consider the criteria set forth below in lieu of the criteria set forth in Section 303, or elsewhere in the Code, and shall grant the modification if it finds that: (A) Modification of the parking requirement is justified by the reasonable anticipated auto usage by visitors of the project, including, without limitation, taking into consideration appropriate link factors due to multiple uses of programs and facilities, the normal hours of operation of such uses, programs and facilities and other factors applicable to the proposed uses; or (B) Modification of the parking requirement will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity of the project. In making such finding, the Planning Commission may, among other things, take into consideration (i) the proposed project's net effect on parking demand as compared to the parking demand that is not currently being met because of the absence of off-street parking associated with existing uses, and (ii) whether the parking proposed for the project will decrease the deficiency that currently exists with respect to the parking that would normally be required under the Planning Code for the existing structures and uses. Notwithstanding any other provisions of the Planning Code, parking may be made available to nearby residents, businesses and the general public for use as short-term or evening parking when not utilized by the uses authorized hereunder to which such parking is otherwise accessory. (8) Demolitions. The demolition of all buildings in this California-Presidio Special Use District containing residential uses shall be authorized pursuant to the procedures for granting authorization set forth in Section 303 of this Code, provided that the notice and relocation assistance provisions of Chapter 37 of the San Francisco Administrative Code (the San Francisco Residential Rent Stabilization and Arbitration Ordinance) are met. In considering whether to grant a conditional use permit for demolition, in lieu of the criteria set forth in Section 303, consideration shall be given to: (A) The purposes of this California-Presidio Special Use District set forth in Subsection (a), above; (B) The adverse impact on the public health, safety and welfare due to the loss of existing housing stock in the underlying RM-1 and Sacramento NCD Districts, and (C) The hardship to the applicant if the permit is denied or a particular mitigation or condition is required. Conditional Use authorization for demolition of the building at 3272 California Street shall be subject to such conditions, if any, as the Planning Commission may reasonably require. (9) Signs. Except as provided herein, signage shall be regulated as provided in Article 6 of this Code, subject to review in accordance with the criteria set forth in Subsection (b)(3) herein. (A) Signs for Businesses or Other Authorized Uses. (i) Window Signs. Window signs shall be permitted. The total area of all window signs shall not exceed 1/3 the area of the window on or in which the signs are located. Such signs may be non-illuminated, indirectly illuminated or directly illuminated. (ii) Wall Signs. One wall sign per business or authorized use which fronts and opens on the street is permitted, provided that for a business or authorized use located at the street intersection that fronts on two streets two wall signs shall be permitted. The area of a wall sign shall not exceed 50 square feet and the height of the wall sign shall not exceed 20 feet. The wall sign may be non-illuminated, indirectly illuminated or directly illuminated. (iii) Projecting Signs. One projecting sign per business or authorized use that fronts and opens on the street is permitted, provided that for a business or use located at the street intersection that fronts on two streets two signs shall be permitted. In no case shall more than five such projecting signs be permitted within this California-Presidio Special Use District. The area of the projecting signs shall not exceed 32 square feet and the height shall not exceed 30 feet. Projecting signs may be non-illuminated, indirectly illuminated, or directly illuminated. (iv) Signs on Awnings. One awning or marquee per business or authorized use which fronts and opens on the street shall be permitted, provided that for a business or use located at a street intersection which fronts on two streets two awnings or marquees may be permitted. The area of the sign copy on such marquee shall not exceed 40 square feet and may be non- illuminated or indirectly illuminated. Only one wall sign, awning sign, or projecting sign as described in this Subsection is permitted for each business or authorized use fronting on a street, provided that for a business or use at the intersection fronting on two streets, any two of such signs is permitted. (B) Projecting Signs (Banner Type). Up to four banner-type projecting signs adjacent to the main entrance are permitted. The area of these projecting signs shall not exceed 32 square feet and the height shall not exceed 50 feet. Such signs shall be non-illuminated or indirectly illuminated non-fluttering fixed banner types (principally used to celebrate holidays or announce events). (C) Identifying Sign. One project name identifying sign above the main entrance to the building shall be permitted and the area of the identifying sign shall not exceed 200 square feet and 40 feet in height. The identifying sign may be non-illuminated or indirectly illuminated. (D) Directly Illuminated Wall Sign. A directly illuminated digitally programmable sign or signs attached to the building façade at or around the corner of the building at California Street and Presidio Avenue to display announcements about community center events, programs and related matters consistent with the purposes and uses of the project is permitted. Unless otherwise provided, signs described in this Section shall not exceed 100 square feet. (Added by Ord. 293-00, File No. 001759, App. 12/22/2000; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Introductory paragraph and divisions (a) and (b)(1) amended; subdivision designations amended throughout division (b); Ord. 22-15, Eff. 3/22/2015.

SEC. 249.22. NON-CONTIGUOUS SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY SITES SPECIAL USE DISTRICT. (a) Purpose. There shall be a non-contiguous Special Use District (“SUD”) for sites owned by the City and County of San Francisco and under the jurisdiction of the San Francisco Municipal Transportation Agency (SFMTA) to enable SFMTA to use the sites for transportation and other Public uses as well as uses permitted by the underlying zoning district. This SUD also enables mixed-use residential development with characteristics not accommodated by underlying zoning. (b) Applicability. The provisions in this Section 249.22 shall apply to the following Assessor’s Block/Lots: 0019/001; 0490/009, 010, 011, 012, 013; 0635/009, 009A; 0669/012; 1072/001; 1439/035, 036, 045, 048, 049; 1440/028, 029, 030; 1453/020; 1526/002, 028, 028A; 1596/044, 045; 1730/050; 1763/044; 2647/034, 017; 2864/050; 2979A/002, 034; 2988A/007; 3582/087; 6507/023; 6972/036; 7225/013; 7226/016. Notwithstanding Planning Code Section 206.10, which prohibits projects within SUDs that implement Development Agreements from using the HC-SF Program, residential development projects within this SUD may use the HC-SF Program even when such development is associated with a Development Agreement, Project Agreement or other similar agreement. (c) General Controls. (1) Permitted Uses. In addition to any uses permitted by the zoning district in which the lot is located, uses permitted under Section 211.1 shall be principally permitted and uses conditionally permitted under 211.2 shall be conditionally permitted. Where there is a conflict between land use controls in the underlying zoning district and those in Sections 211.1 or 211.2, the more permissive control shall apply. (2) Residential Density. Maximum residential density limits or Floor Area Ratio limits shall not apply to Residential Uses in the SUD. Form Based density shall apply to Residential Uses in the SUD. (3) Measurement of Height. Notwithstanding Planning Code Section 260(a) regarding Method of Measurement, the height of a structure containing a Public Facility may be measured from the centerline of such structure along any frontage for that structure’s entire depth. (4) Bulk and Lot Coverage. For Development projects that are in height districts that allow heights of 400 feet or greater, and are using the HC-SF Program in Section 206.10, the following bulk controls and lot coverage provisions shall apply: (A) Notwithstanding Sections 270(i)(1)(A)(i) and 270(i)(1)(B)(i) no setbacks are required for interior property lines abutting lots with a Public Facility. (B) Below a height of 85 feet, no rear yard or lot coverage limits shall apply. For portions of a building between 85 feet in height and 120 feet in height, the bulk controls of Section 270(i) shall not apply; rather, for a lot that does not include a Public Facility, the lot coverage shall be limited to 60% of the lot area. (C) For portions of a building above 120 feet in height (herein “above the podium”), building mass may be provided in up to two towers that meet the bulk limits of Section 270(i)(1). However, the following exceptions to Section 270(i)(1) shall apply: (i) Tower separation may be reduced to not less than 50 feet if the height of the shorter tower above the podium is no taller than one-half the height of the taller tower above the podium. (ii) A tower’s average floorplate above the podium shall be no larger than 14,000 square feet. (iii) If there are two towers, one of the towers shall not be taller than 360 feet. (iv) The combined maximum gross floor area of two towers, measured for floors between 120 feet and 360 feet in height shall be limited to 576,000 square feet. (v) The average floorplate for the top 1/3 portion of a tower above the podium shall be reduced in square footage by 10% from the average floorplate of the lower 2/3 portion of the tower, and the allowed maximum dimensions in Section 270(i)(B) for such top 1/3 portion of the tower shall be reduced by 5% from the lower 2/3 portion of the tower. (vi) The standards in this subsection (c)(4)(C) are not eligible for the reduction or modification of standards in Section 206.10(d)(1)(M). (5) Open Space. Section 135 shall apply, except as follows: (A) On-Site Publicly Accessible Usable Open Space. The usable open space requirement may be met for projects subject to the SUD with on-site publicly accessible usable open space, including open space otherwise required by Planning Code Section 270.3. When on-site publicly accessible usable open space is provided, the maintenance, information plaque, and liability provisions of Section 270.3(e) shall apply. (B) Off-Site Publicly Accessible Usable Open Space. When additional off-site improvements are made to meet the usable open space requirement, including improvements on adjacent sidewalks and public rights-of-way, such open space improvements shall comply with all applicable regulations of the San Francisco Municipal Transportation Agency, San Francisco Art Commission, the Department of Public Works, the Bureau of Light, Heat and Power of the Public Utility Commission, or any other public agency, as applicable. The property owner shall maintain all such improvements and meet the liability provisions of Section 270.3(e) for the life of the project. (6) Development Impact Fees. For a development project on land subject to the SUD: (A) With the recommendation of the SFMTA Board of Directors, the Board of Supervisors may waive all or a portion of any applicable Transportation Sustainability Fee under Section 411A, and all or a portion of any applicable Jobs-Housing Linkage Program requirements under Section 413. (B) The provisions of Section 415 et seq., as amended or replaced from time to time, shall apply. Notwithstanding Section 415.6(h)(1), a development project may receive development subsidies if the development provides the same number of on-site affordable units as required by the applicable on-site affordable housing requirement in Section 415 et seq., or any temporary reduction as set forth in Sections 415A et seq. or 415B et seq., plus an additional number of on-site affordable units equal to 25% of the applicable on-site affordable units. Additional units shall be provided as affordable to households at or below 80% of Area Median Income. Any units required to be affordable to middle- or moderate-income households under Sections 415.6(a), 415A, or 415B, as applicable, or this subsection 249.22(c)(6)(B), may instead be affordable to moderate- or low-income households. Notwithstanding Section 415.6(f)(1), the moderate and low income units may be located anywhere in the project. (Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) (Former Sec. 249.22 added by Ord. 5-02, File No. 011638, App. 1/25/2002; repealed by Ord. 215-22, File No. 220041, App. 10/28/2022, Eff. 11/28/2022) SEC. 249.23. FOURTH AND FREELON STREETS SPECIAL USE DISTRICT. There shall be a special use district known as the Fourth Street, Freelon Street, Zoe Street and Welsh Street, as designated on Sectional Map No. 1SU of the Zoning Map of the City and County of San Francisco. The following controls shall apply within this Special Use District. (a) Conversion of Previously Approved But Not Yet Constructed Live/Work Units to Market-Rate Housing. The developer of previously approved but not yet constructed live/work units may convert the units to market-rate residential units and construct additional new market-rate residential units on the site provided that (i) the developer, at his, her or its sole expense, constructs affordable housing off-site with square footage equal to 15% of the total residential units proposed to be constructed offsetting the developer's site acquisition costs against the costs of construction, and (ii) the affordable housing is constructed of similar high quality construction to the market rate units on land owned or purchased by the developer and is located in the South of Market Area or the North of Market Residential Special Use District, (iii) the off-site affordable housing building shall contain a minimum of 56 dwellings of no less than 400 square feet each, (iv) the off-site affordable units shall be rental units, (v) the off-site affordable rental units shall be marketed and monitored in accordance with the requirements of the Procedures Manual approved under Section 401 of this Code, except that the owner shall, to the extent permitted by law, give top priority to current Single Room Occupancy tenants and families with low- and very-low income, (vi) the affordable rental units shall remain subject to the affordability requirements of the Procedures Manual for a period of 50 years from their date of initial occupancy, (vii) upon completion, the land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization, and (viii) the deed to the off-site affordable housing building and the associated land shall be transferred to a non-profit affordable housing organization selected by the Mayor's Office of Housing if the original nonprofit housing organization is dissolved. If no such nonprofit housing organization can be found, the off-site affordable housing building and the associated land shall revert to the City. The off-site affordable housing building and the associated land shall not be sold or transferred without the consent of the Mayor's Office of Housing. The nonprofit housing organization shall be responsible for securing all required City approvals and permits for the affordable housing project, with the cost of securing such approvals and permits borne by the developer as its costs of development.