249.32

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

a project that exceeds those base density limits through a Section 304 planned unit development authorization, the policy of the Area Plan that 40 percent of on-site family units be two or more bedroom units shall apply. (5) Impact Fees or In-Kind Provision of Community Infrastructure. The Planning Commission shall consider imposition of a community infrastructure impact fees or accept in lieu the in kind provision of community infrastructure improvements generally consistent with the priorities set forth in the Area Plan, including publicly accessible open space in excess of the residential open space requirements of this Code and an indoor community facility, of a value comparable to the Area Plan policies. In the event the Planning Commission does not accept in lieu the in kind provision of publicly accessible open space in excess of the residential open space requirements of this Code or an indoor community facility, such in kind open space and community facilities shall not otherwise be required to be provided by a project in the Special Use District. Should impact fees, rather than in kind provision of infrastructure improvements, be provided in whole or part, such fees shall be deposited in the Market & Octavia Community Improvements Fund as proposed to be established by the Area Plan. Fees deposited in the Market & Octavia Community Improvements Fund, as proposed to be established by the Area Plan, may be used to support the indoor community facility. (c) Affordable Housing. Should the percentage of family and senior dwelling units in a project in the Special Use District proposed to be affordable to households of low- or moderate- income meet or exceed 35 percent of the total number of Dwelling Units in the project, the proposed amendments to Section 315.4(a)(1)(A), which can be found in Board of Supervisors File Nos. 071156 and 080255, imposing an additional affordable housing fee in the Market and Octavia Plan Area, shall not apply. (d) Waller Street. The project sponsor shall gain approval for the use of Waller Street from the Board of Supervisors prior to issuance of a building or site permit. (e) Expiration. If a site or building permit has not been issued and construction commenced on the mixed-use project described above, the provisions of this Special Use District shall expire five years from the effective date of this legislation. (Added by Ord. 68-08, File No. 071002, App. 4/17/2008 ; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Divisions (b)(2) and (b)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (b)(1) amended; Ord. 245-25, Eff. 1/12/2026. SEC. 249.33. VAN NESS & MARKET RESIDENTIAL SPECIAL USE DISTRICT. (a) Purpose. There shall be a Van Ness & Market Residential Special Use District, which is comprised of the parcels zoned C-3-G in the Market Octavia Better Neighborhoods Plan area, and whose boundaries are designated on Sectional Map Nos. SU02 and SU07 of the Zoning Map of the City and County of San Francisco. This District is generally comprised of parcels focused at the intersections of Van Ness Avenue at Market Street and South Van Ness Avenue at Mission Street, along with parcels on both sides of Market and Mission Streets between 9th and Division Streets. This District is intended to be a transit-oriented, high-density neighborhood with a significant residential presence and a mix of neighborhood-serving uses. New development and major expansions must be predominantly residential. Other non-residential uses that are allowed and encouraged, include arts, institutional, and retail uses. Retail controls allow for smaller retail use sizes in order to emphasize neighborhood-serving character. These uses compliment the transit rich infrastructure in the area, which includes the Van Ness MUNI Metro Station and the intersection of several major transit corridors including Van Ness, Market Street, Mission Street and other major bus lines. This area is encouraged to transition from largely a back-office and warehouse support function to downtown into a more mixed-use residential district, and serves as a transition zone to the lower scale residential and neighborhood commercial areas to the west of the C-3. A notable amount of large citywide commercial and office activity will remain in the area, including government offices supporting the Civic Center and City Hall. This area was initially identified in the Downtown Plan of the General Plan as an area to encourage housing adjacent to the downtown. As part of the city’s Better Neighborhoods Program, this concept was fully articulated in the Market and Octavia Area Plan, and is described therein. (b) Use Controls. (1) Residential Density. There shall be no density limit for Residential Uses by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, and exposure, as well as by the Market & Octavia Area Plan Fundamental Principles for Design, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department. The limitations set forth in the Zoning Control Table for the district in which the lot is located shall not apply. (2) Open Space Provider. The off-site open space permitted by this Section may be provided individually by the project sponsor or jointly by the project sponsor and other project sponsors, provided that each square foot of jointly developed open space may count toward only one sponsor's requirement. With the approval of the Planning Commission, a public or private agency may develop and maintain the open space, provided that (A) the project sponsor or sponsors pay for the cost of development of the number of square feet the project sponsor is required to provide, (B) provision satisfactory to the Commission is made for the continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement, and (C) the Commission finds that there is reasonable assurance that the open space to be developed by such agency will be developed and open for use by the time the building, the open space requirement of which is being met by the payment, is ready for occupancy. (A) Off-Site Provision of Required Open Space. Up to 40 percent of usable open space required by Sections 135 and 138 may be provided off-site if it is within the SUD or within 900 feet of the project site and meets the standards described below for publicly accessible open space described below. (B) Publicly-Accessible Open Space Standards. (i) Open Space Types. Open space must be of one or more of the following types: a. An unenclosed park or garden at street grade or following the natural topography, including improvements to hillsides or other unimproved public areas according to the Market & Octavia Area Plan; b. An unenclosed plaza at street grade, with seating areas and landscaping and no more than 10 percent of the floor area devoted to food or beverage service; c. An unenclosed pedestrian pathway that meets the minimum standards described in Section 827(g)(3)(A)-(E) of this Code; d. A terrace or roof garden with landscaping; e. Streetscape improvements with landscaping and pedestrian amenities that result in additional space beyond the pre-existing sidewalk width and conform to the Market & Octavia Area Plan, such as sidewalk widening or building setbacks; and f. 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 this Code, in accordance with the Market & Octavia Area Plan. (ii) Open space must meet the following standards: a. Be in such locations and provide such ingress and egress as will make the area convenient, safe, secure and easily accessible to the general public; b. Be appropriately landscaped; c. Be protected from uncomfortable winds; d. Incorporate ample seating and, if appropriate, access to limited amounts of food and beverage service, which will enhance public use of the area; e. Be well signed and accessible to the public during daylight hours; f. Be well lighted if the area is of the type requiring artificial illumination; g. Be designed to enhance user safety and security; h. Be of sufficient size to be attractive and practical for its intended use; and (i)1 Have access to drinking water and toilets if feasible. (C) Maintenance. Open spaces shall be maintained at no public expense, except as might be provided for by any community facilities district that may be formed. The owner of the property on which the open space is located shall maintain it by keeping the area clean and free of litter and keeping in a healthy state any plant material that is provided. Conditions intended to assure continued maintenance of the open space for the actual lifetime of the building giving rise to the open space requirement may be imposed in accordance with the provisions of Section 309.1 of this Code. (D) Informational Plaque. Prior to issuance of a permit of occupancy, a plaque of no less than 24 inches by 36 inches in size shall be placed in a publicly conspicuous location