249.7

SEC. 249.7. SAN FRANCISCO GATEWAY SPECIAL USE DISTRICT. (a) General. A Special Use District entitled the “San Francisco Gateway Special Use District” (SUD) is hereby established, generally bounded by Kirkwood Avenue to the northeast, Rankin Street to the southeast, McKinnon Avenue to the southwest, and Toland Street to the northwest. The precise boundaries of the SUD are shown on Sectional Map SU10 of the Zoning Map. (b) Purpose. The purpose of the SUD is to accommodate a unique combination of PDR (Production, Distribution, and Repair) uses, including both traditional and evolving PDR uses, and to give effect to the Development Agreement for the San Francisco Gateway Project (“Development Agreement”), as approved by the Board of Supervisors in the ordinance in File No. 250427. The SUD will advance established City policy to create, protect, and preserve PDR uses and a wide range of employment opportunities, in light of economic pressures that have reduced PDR space and employment opportunities across San Francisco. New, large-scale PDR development has been limited in San Francisco given the higher rents obtainable for other land uses, and existing PDR space that has not been redeveloped for other uses is frequently unsuitable for current PDR users. The SUD contains a large site with a single owner, and as such is uniquely positioned within the PDR districts for a large-scale, modern PDR development to meet the needs of City businesses and residents. PDR businesses provide employment opportunities for a wide range of workers, including those without college degrees or experience, at generally higher salaries than the retail sector. The development facilitated by the SUD would provide these opportunities for a wide range of workers, both by directly creating new jobs and providing spaces and services that support other City businesses and industries. With climate change, as well as industry and regulatory changes, PDR businesses need flexible facilities that can accommodate a variety of vehicle types and sizes. The SUD’s site- specific development controls are necessary to adapt and refine PDR district zoning controls generally designed for smaller PDR buildings with a single user. The controls will facilitate the development of high-efficiency, enclosed PDR buildings with multiple users, large PDR spaces that accommodate modern loading facilities and vehicle circulation, and the transition to electrified vehicle fleets for such users. (c) Definitions. “Major Modification” means a deviation of 15% or more from any dimensional or numerical standard in this SUD or in the DSG. “Minor Modification” means a deviation of less than 15% from any dimensional or numerical standard in this SUD or in the San Francisco Gateway Design Standards and Guidelines (DSG), or any deviation from any non-numerical standard in the DSG. (d) Relationship to the Development Agreement. This Section 249.7 shall be read and construed consistent with the Development Agreement, and all development within the SUD that is subject to the Development Agreement shall satisfy the requirements of the Development Agreement for so long as the Development Agreement remains in effect. (e) Relationship to Design Standards and Guidelines. The San Francisco Gateway Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21831, and as may be periodically amended, sets forth standards and guidelines applicable within the SUD and are incorporated here by reference. A copy of the DSG is on file with the Board of Supervisors in File No. 250426 and is available on the Planning Department’s website. This SUD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SUD and the DSG, this SUD shall prevail. The Planning Commission shall review and approve amendments to the DSG, provided, however, the Planning Director may approve minor amendments to the DSG. For the purposes of this subsection (e), “minor amendments to the DSG” shall be defined as amendments that are necessary to correct inadvertent omissions or mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement. (f) Development Controls. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.7. In the event of a conflict between other provisions of the Planning Code and this Section 249.7, the provisions of this Section 249.7 shall control. (1) Development applications for the construction of new buildings within the SUD shall require a Conditional Use Authorization for a Planned Unit Development, except those buildings constructed pursuant to Section 181(d). (2) Uses. Except as described in this subsection (f)(2), uses shall be conditionally or principally permitted pursuant to the controls for the PDR-2 zoning district in Section 210.3. The following use controls apply in the SUD:

(A) Private Parking Garage is principally permitted, provided that such garage use shall not allow for storage or parking of personal vehicles in the form of employee, commuter, or short-term visitor parking. Within the SUD, such Private Parking Garage use may include storage and parking of automobiles, trucks, buses, vans, bicycles, motorcycles, and similar vehicles for any duration of time, and shall not be subject to provisions regulating automobile parking or loading as set forth in Article 1.5. Washing, loading, preparation for vehicle movement in and out of the garage, and light maintenance of such vehicles is permitted as accessory to the Private Parking Garage use without limitation as to the area used for such activities. (B) The addition or inclusion of electric vehicle charging and associated infrastructure shall be permitted for any principally permitted or conditionally permitted uses established within the SUD and shall not be considered a change of use, notwithstanding any restriction on Fleet Charging as an accessory use contained in the Planning Code. (C) Parcel Delivery Service is principally permitted up to a total of 225,000 square feet of Occupied Floor Area within the SUD, and is permitted as an accessory use to any other principal use established within the SUD. Any amount of Parcel Delivery Service use beyond this limit shall require Conditional Use authorization pursuant to Section 303(cc). (3) No more than a total of 8,500 square feet of Occupied Floor Area for Retail Sales and Service uses shall be permitted within the SUD. The use size limits on Retail Sales and Service uses as described in Section 210.3A shall not apply within the SUD. (4) Maximum Off-Street Parking. Off-street parking is not required but shall not exceed a maximum of 1.5 spaces per 200 square feet of Gross Floor Area for all Retail Sales and Services uses, and a maximum of 1 space per 1,500 square feet of Gross Floor Area for all other uses. Where off-street parking is provided that exceeds the amounts identified above, such parking shall be classified not as accessory parking but as a conditional use. (5) Building Height Exemptions. In addition to the building height exemptions listed in Section 260(b), the following features shall also be exempt from the height limits established by this Code: (A) Solar Array and EV Charging System Components. Any component of a solar array system needed to collect or store solar energy, support and maintain solar panels, and transfer their captured energy, and any component of a charging system for electric vehicle charging. System components include solar panels and mounting hardware, any vertical and horizontal structures utilized to support the solar panels, fire sprinkler system components, lighting, conduit, cabling and battery storage, as well as infrastructure for electric vehicle charging. This exemption shall be limited to the top 20 feet of such features, without regard to their horizontal area. (B) Vehicle Parking and Circulation. Parking and circulation of passenger and non-passenger vehicles, without additional structures or equipment other than trellises or similar overhead screening for such vehicles with a maximum height of 20 feet. This exemption shall apply without regard to horizontal area. (C) Vertical Screening for Vehicle Parking and Circulation. Vertical screening for vehicle parking and circulation, with a maximum height of eight feet. This exemption shall apply without regard to horizontal area. (D) Awnings. Horizontal awnings or other covering elements projecting from rooftop penthouses for the purpose of adequately protecting elevator and stair openings from water intrusion and damage, with a maximum height of 12 feet, and a maximum horizontal area of 100 square feet per protected opening. (6) Streetscape and Pedestrian Improvements. The Streetscape and Pedestrian Improvements requirements set forth in Section 138.1 shall not apply within the SUD. The streetscape and pedestrian improvements included in Exhibit P to the Development Agreement shall govern within the SUD. (7) Transportation Demand Management. The Transportation Demand Management (TDM) Program requirements set forth in Section 169 shall not apply within the SUD. The TDM provisions included in Exhibit J to the Development Agreement shall govern within the SUD. (8) Demolition and Replacement of Industrial Buildings in PDR Districts. The demolition and replacement requirements for industrial buildings containing Industrial Uses shall not apply within the SUD for any building constructed pursuant to the Development Agreement while it is in effect. (g) Project Review and Approval. (1) Design Review and Approval. An applicant may submit, but is not required to submit, a design review application for review by the Planning Department for consistency with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, prior to preparing and submitting a site or building permit application. If an applicant elects to submit a design review application, the applicant must receive approval from the Planning Director, or the Planning Commission if required, before obtaining any permits for the applicable building construction (other than for demolition or site preparation). If an applicant proposes a Minor Modification or Major Modification, the applicant must obtain such Minor Modification or Major Modification through a design review application approval. Standards and limitations on design review application approval are set forth in the Development Agreement and in subsection (g)(2). Nothing in this Section 249.7 limits the Charter authority of any City department or commission or the rights of City agencies to review and approve proposed infrastructure as set forth in the Development Agreement. (2) Design Review Applications and Process. (A) Applications. Each design review application shall include the documents and other materials necessary to determine consistency with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, including site plans, floor plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed building(s). The design review application shall not be required to identify infrastructure or streetscape improvements that may be required in association with the proposed building(s), which are subject to the review and approval process described in the Development Agreement. If an applicant requests a Minor Modification or Major Modification, the application shall describe proposed changes in reasonable detail, including narrative and supporting images, if appropriate, and a statement of the purpose or benefits of the proposed modification(s). (B) Completeness. Planning Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days of the date of the application or, if applicable, within 15 days of receipt of any supplemental information requested pursuant to this section. (C) Design Review Process. Following a determination of completeness of the design review application in accordance with subsection (g)(2)(B), Planning Department staff shall conduct design review. If an applicant submits a design review application that does not propose any Minor Modifications or Major Modifications, the Planning Director, within 30 days of the determination of completeness, shall prepare and issue a design review approval letter to the applicant if the design is found to be in compliance with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, or notify the applicant of their determination of non-compliance. If an applicant submits a design review application that proposes Minor Modifications or Major Modifications, Planning Department staff shall prepare a staff report assessing compliance with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG, including a recommendation regarding any Minor Modifications or Major Modifications sought. The staff report shall be delivered to the applicant and any third parties requesting notice in writing, shall be kept on file, and shall be posted on the Department’s website for public review, within 60 days of the determination of completeness. If Planning Department staff determines that the design is not compliant with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, or the DSG, the Applicant may resubmit the application, in which case the requirements of this subsection (g)(2) for determination of completeness, staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall apply anew. (D) Approvals and Public Hearings for Buildings. (i) Buildings Seeking Minor Modifications. Within 10 days after the delivery and posting of the staff report on the design review application, the Planning Director shall approve or disapprove the design based on its compliance with the Planning Code, including this Section 249.7, the Conditional Use Authorization for a Planned Unit Development, and the DSG. If the design review application is consistent with the quantitative standards set forth in this Section 249.7 and the DSG, the Planning Director’s discretion to approve or disapprove the design review application shall be limited to the application’s consistency with the qualitative, non-numeric, and non-dimensional elements of the DSG. Notwithstanding any other provisions of this Section 249.7, the Planning Director may, in their discretion, refer any application that proposes a Minor Modification to the Planning Commission if the Planning Director determines that the proposed Minor Modification does not meet the intent of the DSG or this Section 249.7. (ii) Buildings Seeking Major Modifications, or Minor Modifications Referred by Planning Director. If a design review application seeks one or more Major Modifications, or if a design review application that proposed a Minor Modification is referred to the Planning Commission, the Planning Commission shall calendar the item for a public hearing within 30 days after delivery and posting of the staff report on the design review application, or the Planning Director’s referral (as applicable), subject to any required noticing. The Planning Commission’s review shall be limited to the proposed Major Modification, or the Minor Modification referred by the Planning Director. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the design review application, including the granting of any Major Modifications or referred Minor Modifications in accordance with the standard of review established under this subsection (g)(2). If a Major Modification or intensification of a Planned Unit Development exception requires Planning Commission approval of a new Conditional Use Authorization, the Planning Commission shall consider such new Conditional Use Authorization in conjunction with the design review application proposing a Major Modification, and the above timelines for staff review and determination of compliance, and delivery, filing, and posting of the staff report, shall not apply. (iii) Notice of Hearings. Notice of any Planning Commission hearings required under this SUD shall be provided in accordance with Planning Code Section 333. (3) Use Consistency Review. All site or building permit applications for construction of new buildings or alterations of or additions to existing structures, or for permits of occupancy that would authorize a new use or a change of use, including changes within subcategories of use (“Applications”), submitted to the Department of Building Inspection shall be forwarded to the Planning Department for use consistency review within 15 days of submittal. For purposes of this subsection (g)(3), Applications do not include any submittals for interior

improvements, modifications, or alterations that do not involve a new use or change of use, or an expansion or intensification of an existing use, provided however, that any such improvement, modification, or alteration shall otherwise comply with the applicable requirements of the Planning Code. Once referred, the Department shall review the Application for consistency with the Planning Code, including this Section 249.7, the Development Agreement, the DSG, and any applicable Conditional Use Authorization. The Application shall include any documents, plans, and materials necessary to determine such consistency. (4) Discretionary Review. No requests for discretionary review shall be accepted or heard for projects within the SUD. (Added by Ord. 248-25, File No. 250426, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) SEC. 249.8. [ NON-PROFIT ARTS EDUCATION SPECIAL USE]. 1 (a) General. A special use district entitled the “Non-Profit Arts Education Special Use District” consisting of Assessor’s Parcel Block No. 49, Lot No. 1, which is generally bounded by Francisco Street, Jones Street, Chestnut Street, and Leavenworth Street, and is numbered as 800 Chestnut Street, is hereby established for the purposes set forth below. The boundaries of the Non-Profit Arts Education Special Use District are designated on Sectional Map No. SU01 of the Zoning Map. (b) Purpose. The purpose of the special use district is to continue the tradition of arts education at the site of the former San Francisco Art Institute and facilitate the establishment of a Non-Profit Arts Education Institutional Use. (c) Definition. For purposes of this special use district, a Non-Profit Arts Education Institutional Use shall mean an Institutional use in which the chief activity is not carried on as a gainful business and whose chief function is to operate as a post-secondary educational institution that gathers persons for the purposes of offering arts education. A Non-Profit Arts Education Institutional Use shall not be required to be certified by the Western Association of Schools and Colleges. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. (d) Controls. All provisions of the Planning Code applicable to the RH-3 District shall apply; provided that a Non-Profit Arts Education Institutional Use is principally permitted and shall not be obligated to comply with Section 304.5 concerning institutional master plans. (Added by Ord. 238-23, File No. 230924, App. 12/4/2023, Eff. 1/4/2024, Oper. 2/29/2024) CODIFICATION NOTE 1. Ord. 238-23 did not add the Section heading. The heading has been included by the publisher for ease of reference, with square brackets to indicate that it is unofficial SEC. 249.9. STONESTOWN SPECIAL USE DISTRICT. (a) Purpose and Boundaries. A Special Use District entitled the “Stonestown Special Use District” (SUD) is hereby established, generally bounded by Eucalyptus Drive to the north, 19th Avenue to the east, San Francisco State University (SFSU) Campus to the south, and Buckingham Way to the west, and excluding the existing Stonestown Galleria Mall, in the southwest part of San Francisco. The boundaries of the existing Stonestown Galleria Mall are more fully described in Exhibit A-5 to the Development Agreement. The precise boundaries of the SUD are shown on Sectional Map SU13 of the Zoning Map. The purpose of the SUD is to implement the land use controls for the Stonestown Development Project, which is subject to a Development Agreement, approved by the Board of Supervisors in the ordinance contained in Board File No. 240410. The Project will provide several benefits to the City, such as a significant amount of publicly accessible open space, increased public access throughout the site, childcare facilities, extensive infrastructure improvements, and affordable housing, while creating jobs, housing, and a vibrant community. (b) Relationship to Design Standards and Guidelines. The Stonestown Design Standards and Guidelines (DSG), adopted by the Planning Commission by Motion No. 21565, and as may be periodically amended, sets forth standards and guidelines applicable within the SUD and are incorporated here by reference. A copy of the DSG is on file with the Board of Supervisors in File No. 240410 and is available on the Planning Department’s website. This SUD and the DSG shall be read and construed together so as to avoid any conflict to the greatest extent possible. If there is an unavoidable conflict between the SUD and the DSG, this SUD shall prevail. The Planning Commission shall review and approve amendments to the DSG, provided, however, the Planning Director may approve minor amendments to the DSG. For the purposes of this subsection (b), “minor amendments to the DSG” shall be defined as amendments that are necessary to correct omissions or inadvertent mistakes in the DSG and are consistent with the intent of the DSG, the SUD, the General Plan, and the Development Agreement. (c) Relationship to the Development Agreement. This SUD shall be read and construed consistent with the Development Agreement. All development within the Project Site that is subject to the Development Agreement must comply with the applicable requirements of the Development Agreement for so long as the Development Agreement remains in effect for the applicable development. (d) Relationship to Other Planning Code Provisions. The provisions of this SUD and the DSG shall supersede the Planning Code in its entirety, with the result that the Planning Code shall not apply in the SUD, except with respect to: (1) Planning Code definitions as specified in subsection (e) below; (2) Planning Code sections adopted or amended in connection with this Special Use District as follows: Section 105 (Zoning Maps), Section 201 (Use Districts), Section 249.9 (Stonestown Mixed-Use Special Use District), Section 263.36 (Stonestown Mixed Use Height and Bulk District), and Section 608.10 (Stonestown Mixed-Use Special Sign District); (3) Article 1.7 (Compliance) of the Planning Code; (4) Article 3 (Zoning Procedures) of the Planning Code, subject to the limitations set forth in this Section 249.9; (5) Article 4 (Development Impact Fees and Project Requirements that Authorize the Payment of In Lieu Fees) of the Planning Code, subject to the limitations set forth in subsection (h)(19) of this Section 249.9; and (6) any other section of the Planning Code referenced in this SUD or in the DSG (but only to the extent set forth and for the purposes stated in this SUD or the DSG). If there is a conflict between any otherwise applicable provision of the Planning Code and this SUD, this SUD shall prevail, except as to any voter-adopted initiatives in effect as of the effective date of this SUD and, once the Development Agreement is no longer in effect, all applicable voter-adopted initiatives. If there is a conflict between otherwise applicable portions of the Planning Code and a standard or guideline in the DSG as of the effective date of this SUD, the standard or guideline in the DSG as of the effective date of this SUD shall prevail. If there is a conflict between otherwise applicable portions of the Planning Code and a standard or guideline in the DSG that has been amended after the effective date of this SUD, the applicable Planning Code provision shall prevail over such amended standard or guideline unless this SUD provides that the DSG governs that standard or guideline, in which case the DSG as amended shall prevail. Later amendments to the Planning Code sections referenced in the SUD shall apply where not in conflict with this SUD or DSG (as set forth above) or the Development Agreement. (e) Definitions. Any capitalized term used in this SUD and not otherwise defined in this SUD shall have the meaning ascribed to it in the DSG, if it is defined in the DSG. If a term is not explicitly defined in this SUD or the DSG, the definitions elsewhere in the Planning Code shall apply. Later amendments to the Planning Code definitions used in this SUD or the DSG shall apply where not in conflict with the SUD, or the DSG, or the Development Agreement. In addition to the specific definitions set forth elsewhere in this SUD, the following definitions shall govern interpretation of this SUD: “Applicant” means the owner, or authorized agent of the owner of a development parcel. “Base Zone” means the base of the building, defined by the ground floor or up to the third floor if podium parking is included. “Building” means the construction of a building within the Project Site. “Building Standards” means the standards and guidelines applicable to Vertical Improvements and any associated Privately Owned Community Improvements and Project Open Space within the SUD, consisting of the standards specified in subsection (g) and (f)(10), below, and the standards and guidelines identified as such in the DSG. “Cart” means a mobile structure used in conjunction with food service and/or retail uses, that operates intermittently in a publicly accessible open space, and that is removed daily from such open space during non-business hours. “Changing Building Technologies” means new generally prevailing and market standard building and engineering technologies, features, means, methods or materials (collectively, “Technologies”). “City” means the City and County of San Francisco. “Development Agreement” means the Development Agreement by and between the City and the developer identified therein (and its successors and assigns), including all attachments thereto, approved by the Board of Supervisors by the ordinance in Board File No. 240410, and as may be amended from time to time.