249.30

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)

through 303(c)(3) of this Code or that the variance satisfies the criteria of Section 305 of this Code. The following modifications to or exceptions from the requirements of this Code are appropriate in order to further the goal of creating affordable housing. (1) A modification of or exception to the off-street parking requirements of Section 151.1 of this Code to allow a reduction in the number of required parking spaces to 11 spaces; and; (2) A modification of or exception to the rear yard requirements of Section 134 of this Code to allow a rear yard in the form of an inner court. (e) In evaluating a conditional use application to grant a density bonus or exceptions to the Planning Code under this Section, the Planning Commission shall consider the extent to which the dwelling units of a proposed housing development would be affordable. (f) In the event that the units as described in Subsection (a) are not constructed as specified by December 31, 2008 the controls of this Section 249.30 shall expire on January 1, 2009. (Ord. 37-06, File No. 051563, App. 3/10/2006; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Division (d)(1) amended; Ord. 245-25, Eff. 1/12/2026. SEC. 249.31. JAPANTOWN SPECIAL USE DISTRICT. A Special Use District entitled "Japantown Special Use District," the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco is hereby established for the purposes set forth below. (a) Purposes. In order to maintain the cultural and historic integrity and neighborhood character of Japantown, the Japantown Special Use District is established to: (1) Preserve and develop Japantown as a viable neighborhood by revitalizing its commercial, recreational, cultural, and spiritual identity as a local, regional, statewide, national, and international resource; (2) Enhance the distinctive image and unique character of Japantown to passing motorists, transit riders, and pedestrians through architectural design, streetscape enhancements, signage, and other elements of the built environment; (3) Strengthen and support Japantown's identity through recognition of its planning subdistricts including the Geary Boulevard corridor; Japantown Center; Post Street commercial core; Sutter Street community/cultural core; Buchanan Mall; Fillmore Street corridor; and surrounding residential districts; and (4) Encourage the representational expression of Japanese architectural design and aesthetic for commercial, cultural, and institutional uses. (b) Controls. The following provisions, in addition to all other applicable provisions of the Planning Code, shall apply within such Special Use District: (1) Conditional Use Authorization. The following activities for non-residential Uses, if not otherwise prohibited, shall require Conditional Use authorization from the Planning Commission pursuant to Section 303. (A) Use Size. The establishment of a new Use or any change in Use in excess of 4,000 gross square feet. (B) Merger. The merger of one or more existing Uses into a Use in excess of 2,500 gross square feet. (2) For any non-residential Use subject to Conditional Use authorization and for any activity that the Planning Commission considers under its discretionary review power, the Planning Commission shall make the following additional findings: (A) The Use is not incompatible with the cultural and historic integrity, neighborhood character, development pattern, and design aesthetic of the Special Use District; and (B) The Use supports one or more of the purposes for establishing the Japantown Special Use District. (Ord. 180-06, File No. 060266, App. 7/14/2006; amended by Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 13-26, File No. 251099, App. 2/13/2026, Eff. 3/16/2026) AMENDMENT HISTORY Reference amended in division (b)(1)(iii); Ord. 235-14 , Eff. 12/26/2014. Introductory paragraph amended; former division (b)(1)(iii) deleted; remaining subdivisions in divisions (b)(1) and (b)(2) redesignated; division (b)(3) amended; Ord. 22- 15, Eff. 3/22/2015. Divisions (b)(1)-(b)(2)(B) amended; division (b)(3) deleted; Ord. 13-26, Eff. 3/16/2026. SEC. 249.32. LAGUNA, HAIGHT, BUCHANAN AND HERMANN STREETS SPECIAL USE DISTRICT. (a) Purpose. In order to facilitate the development of a mixed-use project including affordable and market-rate rental and ownership dwelling units, affordable senior dwelling units welcoming to the lesbian, gay, bisexual and transgender (LGBT) senior community, community facilities, open space and retail services generally consistent with the policies of the Market and Octavia Area Plan, approved by the Board of Supervisors on October 24, 2007 (the "Area Plan"), there shall be the Laguna, Haight, Buchanan and. Hermann Streets Special Use District, applicable to the two RM-3 and NC-3 zoned blocks bounded by Laguna, Haight, Buchanan and Hermann Streets, consisting of Assessor's Blocks 857 and portions of Assessor's Block 870. The following provisions shall apply within the Special Use District: (b) Applicability. The provisions of this Special Use District shall only apply to projects which require conditional use authorization under Section 303 of this Code. In considering the appropriateness of conditional use authorization within the Special Use District, the Commission shall, in addition to the factors required by Section 303, consider the following factors: (1) Parking. Consistent with the Area Plan, there shall be no minimum number of off-street parking spaces required for any use within the Special Use District. There shall be no more than 0.75 off-street parking space per unit, including dwelling units, senior dwelling units, which parking spaces may be located anywhere in the Special Use District. In addition, up to 51 replacement parking spaces may be provided in the Special Use District for the existing dental clinic located on Assessor's Block 870, Lot 3, provided that 15 of such spaces should be subject to a parking rate structure to encourage short-term use, and that the Project Sponsor AF Evans, or its successor, should use good faith efforts to agree with the owner of the dental clinic that any after tax revenue from such parking spaces should be used to support the indoor community facility; and provided that the owner of the dental clinic, within five years from the effective date of this ordinance, submits a plan consistent with Section 304.5 of this Code, for reuse of the dental clinic. The minimum number of parking spaces required for any commercial or community facility use set forth in Section 151.1 of this Code shall instead be the maximum number of spaces that can be provided for such commercial and community facility uses. (2) Off-Street Parking Standards. The off-street parking standards for both residential and non-residential parking spaces set forth in the Area Plan shall be generally applied, including that: (A) no more than 20 feet per block frontage of any building may be devoted to off-street parking ingress and egress, and such ingress and egress is not located on a Transit Preferential Street, Citywide Pedestrian Network or designated Neighborhood Commercial Street where an alternative frontage exists; (B) off-street parking at or above the ground floor be set back at least 25 feet from any street exceeding a width of 30 feet and that active uses be provided along such street frontages within the required setback; (C) vehicle movement on or around the project does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; (D) accommodating off-street parking does not degrade the overall urban design quality of the project; (E) parking does not diminish the quality and viability of existing or planned streetscape enhancements; (F) for residential projects of 50 units or more, all residential accessory parking in excess of 0.5 spaces per unit is stored and accessed by mechanical stackers or lifts, valet, or other space-efficient means that reduces space used for parking and maneuvering, maximizes other uses, and discourages the use of vehicles for commuting for daily errands; (G) projects that provide 10 or more spaces for non-residential uses dedicate 5 percent of those spaces, rounded down, to short-term, transient use by vehicles from certified car sharing organizations per Section 166, vanpool, rideshare, taxis, or other cooperative auto programs; (H) retail uses larger than 20,000 square feet which sell merchandise that is bulky or difficult to carry by hand or by public transit offer door-to-door delivery services and/or shuttle service; (I) car-share parking spaces be offered in at least the minimum amounts set forth in Planning Code 166; (J) accessory non- residential parking spaces be available to the general public from the hours of 7:00 p.m. to 7:00 a.m. Monday through Friday, and at all times on Saturday and Sunday; and (K) parking spaces be leased or sold separately from the rental or purchase price of units. (3) Loading. The minimum number of loading spaces required for any use as set forth in Section 152 of this Code shall instead be the maximum number of spaces that can be provided. (4) Residential Density. The base residential density limits of the underlying zoning as set forth in the Zoning Control Table for the district in which the lot is located shall apply. For