249.27

SEC. 249.27. ALABAMA AND 18TH STREETS AFFORDABLE HOUSING SPECIAL USE DISTRICT. In order to provide for affordable housing, there shall be the Alabama and 18th Streets Affordable Housing Special Use District, consisting of Lot 1 of Assessor's Block 4021, as designated on Sectional Map 7SU of the Zoning Map. The following provisions shall apply within the Special Use District: (a) The otherwise permitted maximum residential density for dwelling units in a project in the district may be increased to one hundred sixty percent (160%) of the dwelling unit density otherwise permitted on an as-of-right basis in the underlying M-1 zoning district if (i) no fewer than seventy-five percent (75%) of the total number of on-site units are "affordable to qualifying households," as defined in Planning Code Section 401, (ii) the affordable units remain affordable as set forth in Planning Code Section 415.8, (iii) the project comply with all other applicable requirements in Planning Code Sections 415.8 and 415.9; and (iv) the project shall have received conditional use authorization in accordance with the criteria set forth in

Planning Code Sections 303 or 304, as applicable. (Added by Ord. 118-05, File No. 050725, App. 6/21/2005 ; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013) AMENDMENT HISTORY Division (a) references corrected; Ord. 62-13 , Eff. 5/10/2013. SEC. 249.28. TRANSBAY C-3 SPECIAL USE DISTRICT. (a) Purpose. There shall be a Transbay C-3 Special Use District, which is wholly within the Transbay Redevelopment Project Area, comprising all of the parcels, primarily privately- owned and zoned C-3, within the Redevelopment Area but outside of the Transbay Downtown Residential District (TB-DTR), and whose boundaries are designated on Sectional Map No. ISU of the Zoning Map of the City and County of San Francisco. This district is generally bounded by Mission, Second, Clementina, and Beale Streets and whose primary features include the Transbay Terminal facility and its associated ramps, and a portion of the New Montgomery/Second Street Conservation District. A vision and guidelines for this area as an integral component of the Transbay Redevelopment Area are laid out in the Transbay Redevelopment Plan and its companion documents, including the Design for the Development and the Development Controls and Design Guidelines for the Transbay Redevelopment Project.California Public Resources Code Section 5027.1 requires that 35% of all dwelling units developed during the life of the Transbay Redevelopment Plan in the Transbay Redevelopment Project Area shall be permanently affordable to low- and moderate-income households, as such households are defined in State law. Section 4.9.3 of the Transbay Redevelopment Plan requires that a minimum of 15% of all units constructed on a particular site shall be affordable to certain qualifying households, as set forth in such Plan. (b) Controls. (1) Active Ground Floor Uses. (A) In order to increase the public presence and natural surveillance along alleys and ramp alignments, projects on parcels adjacent to or facing the new Transbay Terminal and its ramp structures must provide active ground floor uses with visual access from within the buildings to and from these areas. (B) Ground floor retail or commercial establishments on parcels adjacent to or facing the new Transbay Terminal and its ramp structures must provide direct pedestrian access from these areas. (2) Streetscape Improvements. For projects subject to Section 138.1, the Planning Commission shall require pedestrian streetscape improvements, with regards to location, type and extent of improvements, in accordance with the Transbay Streetscape and Open Space Plan or any streetscape plan contained within the Transbay Redevelopment Plan. The San Francisco Redevelopment Agency may impose additional streetscape requirements. (3) Payment of Downtown Open Space Fund. The requirements of Section 412, the Downtown Park Special Fund, shall apply. Fees collected from subject projects shall be paid to and administered by the San Francisco Redevelopment Agency for the development of open space in accordance with the Transbay Redevelopment Plan and its companion documents. (4) Jobs-Housing Linkage Ordinance. The requirements of Section 413 shall apply, and in satisfying these requirements: (A) The San Francisco Redevelopment Agency must approve any payment or contribution of land by the project sponsor to a housing developer; and (B) Any in-lieu fee must be paid to the San Francisco Redevelopment Agency for deposit into its Citywide Affordable Housing Fund, to be used to meet the Agency's affordable housing obligations in the Transbay Redevelopment Project Area; provided, however, that if the Agency has met its obligations in the Transbay Project Area, the Agency may use said funds for affordable housing in any area within the Agency's jurisdiction. (5) Child Care Requirements. The requirements of Section 414 shall apply. Any in-lieu fees collected from subject projects shall be paid to and administered by the San Francisco Redevelopment Agency in accordance with the Transbay Redevelopment Plan and its companion documents. (6) Housing Requirements for Residential and Live/Work Development Projects. The requirements of Section 415.1 et seq. shall apply, subject to the following exceptions: (A) The inclusionary affordable housing provided on-site shall be the higher amount determined under Section 4.9.3 of the Transbay Redevelopment Plan or Section 415.6(a) of the Planning Code, as it may be amended from time to time; and the inclusionary affordable housing constructed on the site shall be affordable to, and occupied by, “qualifying persons and families,” as defined by Section 4.9.3 of the Transbay Redevelopment Plan; (B) All required inclusionary affordable housing units in the Transbay C-3 SUD shall be built on-site; and (C) Payment of the Affordable Housing Fee or compliance with the Off-Site Affordable Housing Alternative shall not be permitted to satisfy the inclusionary affordable housing requirement. (Ord. 94-06, File No. 050182, App. 5/19/2006 ; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; amended by Ord. 208-17, File No. 170834, App. 11/3/2017, Eff. 12/3/2017) AMENDMENT HISTORY Division (b) references corrected; Ord. 62-13 , Eff. 5/10/2013. Divisions (a) and (b)(6)-(b)(6)(C) amended; Ord. 208-17, Eff. 12/3/2017. SEC. 249.30. THIRD STREET AND OAKDALE AVENUE AFFORDABLE HOUSING SPECIAL USE DISTRICT. In order to provide for affordable rental and or ownership opportunities for very low, lower, and/or moderate income households, there shall be a Third Street and Oakdale Avenue Affordable Housing Special Use District at 4800 Third Street located at the southwest corner of the block bounded by Oakdale Avenue, Third Street, Palou Avenue, and Newhall Street, consisting of Lot 45 of Assessor's Block 5322, 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% of the total units of a housing development for lower income households; or 2) 10% of the total units of a housing development for very low income households; or 3) 20% of the total units in a condominium project for persons and families of moderate income shall be entitled to a density bonus to permit the construction of residential units in excess of the number otherwise permitted for the subject property. (b) For purposes of this Section, the following definitions shall apply: (1) "Density bonus" shall mean a density increase of at least 29% over the otherwise maximum allowable residential density under the applicable zoning ordinance (one unit per 600 square feet of lot area), which is equivalent to an additional 4 units over the currently permitted 14 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 very low, low, or moderate 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 Health and Safety Code Section 50105. (6) "Persons and families of moderate income" is defined in Section 1351 of the Civil Code. (c) In this special use district all of the provisions of this Code applicable to residential development in an NC-3 Zoning District shall continue to apply, except as specifically provided in Subsection (d). (d) In this special use district a modification to, exception from, or variance from otherwise applicable requirements of this Code may be appropriate in order to further the critical goal of creating affordable housing. A conditional use approval and a zoning variance for a housing development subject to this Section may modify or grant the following modifications, exceptions, or variances to the requirements of this Code if the facts presented are such as to establish that the modification or exception satisfies the criteria of Subsections 303(c)(1)