249.98

SEC. 249.98. POTRERO YARD SPECIAL USE DISTRICT. (a) Location. A Special Use District entitled the Potrero Yard Special Use District (the “SUD”) is hereby established, comprising Lot 001 in Assessor’s Parcel Block 3971 (the “Project site”), located at 2500 Mariposa Street, to facilitate the purpose set forth in subsection 249.98(b). (b) Purposes. The purpose of the Potrero Yard SUD is to facilitate development of the Potrero Yard Modernization Project by allowing uses beyond San Francisco Municipal Transportation Agency’s growing facility, maintenance, and operational needs, including residential uses and non-residential uses. The Potrero Yard Modernization Project will include the construction and operation of a modern, multi-story, efficient bus maintenance and storage facility equipped to serve the San Francisco Municipal Transportation Agency’s growing and future needs, as well as the construction of high-density residential development and ground floor commercial space. The controls set forth in this Section 249.98 shall be in addition to the requirements of any agreement between the City and another party for developing and operating uses at the site. (c) Controls. In addition to controls applicable to the Public District set forth in Planning Code Sections 211 et seq., applicable provisions of the Planning Code shall apply in the Potrero Yard SUD, except as otherwise provided in this Section 249.98. In the event of a conflict between other provisions of the Planning Code and this Section 249.98, this Section 249.98 shall control. (d) Uses. (1) Public Uses. Public Facilities, including Public Transportation Facility and Public Utility Yard, shall be principally permitted uses. (2) Residential Uses. (A) Planned Unit Development. Residential Uses shall be authorized as a Planned Unit Development subject to Conditional Use Authorization in accordance with the provisions of Planning Code Sections 303 and 304. (B) Density. No density limit. Density is regulated by the permitted height and bulk, and required setbacks, exposure, and open space of each development lot. (3) Non-Residential Uses. On the first floor, the following non-residential uses shall be principally permitted or conditionally permitted as set forth in Table 838 of Planning Code Section 838, the Urban Mixed Use District Zoning District: all uses within the following use categories: “Sales and Service Category,” “Entertainment, Arts and Recreation Use Category,” “Industrial Use Category,” “Institutional Use Category”; and “Non-Retail Professional Services” use within the “Non-Retail Sales and Services Use Category.” All other uses and use categories in Table 838 shall not be permitted. Commercial Use Characteristics shall be principally permitted or conditionally permitted as set forth in Table 838. (e) Residential Development Controls. (1) Usable Open Space. Each dwelling unit shall have access to 80 square feet of private or common usable open space or 54 square feet of publicly accessible usable open space. In the event that Public Facilities or Public Transportation Facilities are constructed on portions of the building above 75 feet in height, the amount of usable open space required for each dwelling unit shall be reduced to 50 square feet of private or common usable open space. (2) Dwelling Unit Mix. Dwelling unit mix requirements shall be those applicable to the Eastern Neighborhoods Mixed Use Districts under Planning Code Section 207.6. Additional dwelling unit mix requirements may be determined by future agreement between the City and another party for developing and operating uses within the SUD. (3) Affordability. Additional affordability requirements may be determined by future agreement between the City and another party for developing and operating uses within the SUD. (f) Non-Residential Development Controls. The following controls shall apply to all non-residential uses within this SUD, except for public uses. (1) Street frontage requirements. The active use requirements in Planning Code subsection 145.1(c)(3) shall apply to non-public uses fronting on Bryant Street, 17th Street, and Hampshire Street. (2) Transparency requirements. The transparency requirements in Planning Code subsection 145(c)(6) shall apply to frontages with non-public, active uses. (3) Gates, railings, and grillwork requirements. The gates, railings, and grillwork requirements in Planning Code subsection 145.1(c)(7) shall apply. (4) Location and operating conditions. Location and operating conditions in accordance with Planning Code Section 202.2 shall apply. (5) Parking Requirements. Off-street parking is not required for the non-residential uses permitted under subsection 249.98(d)(3). (g) Building Standards. (1) Sign Regulations. The provisions of Planning Code Article 6 shall apply to all signs within this SUD. Notwithstanding the foregoing sentence, the following signs are permitted. Such signs shall otherwise conform to the provisions of the Planning Code, and shall require any other applicable approvals, including, if necessary, an encroachment permit under Section

786 of the Public Works Code. (A) One indirectly illuminated, freestanding sign may be located along Mariposa Street within the public right of way. The aforementioned freestanding sign shall not exceed 15 feet in height, 70 feet in width, and 490 square feet in area on any side. Such freestanding sign shall not project more than four feet into the public right of way. (B) One window sign displaying the “Muni” logo. Such window sign shall allow no less than 50% transparency and shall have maximum dimensions of 51 feet in width and 24 feet in height. (2) Streetscape Plan. The streetscape and pedestrian improvement requirements set forth in Planning Code Section 138.1 shall apply. A streetscape plan shall be submitted for review to the Planning Department showing the location, design, and dimensions of all existing and proposed streetscape elements in the public right-of-way directly adjacent to the fronting property, including signage, street trees, sidewalk landscaping, street lighting, site furnishings, utilities, driveways, and curb lines, and the relation of such elements to proposed new construction and site work on the Project site. (3) Height and Bulk for portions of the building lower than 75 feet in height. There shall be no bulk, Floor Area Ratio, setback, lot coverage, or rear yard requirements for any uses within the portion of any building below 75 feet in height, as measured from the midpoint of Mariposa Street between Bryant Street and Hampshire Street at the curb level. (4) Development Standards for portions of the building 75 feet or more in height. (A) Setbacks. At minimum, setbacks of 60 feet along the 17th Street frontage, and 10 feet along the Bryant Street, Mariposa Street, and Hampshire Street frontages, are required; provided, however, that (i) stairs and elevator penthouses, parapets greater than four feet in height, mechanical equipment and appurtenances necessary to the operation or maintenance of the building or structure itself and its screening, and enclosed vehicular ramps for public uses may be located within the setbacks required in this subsection 249.98(g)(4)(A); and (ii) no setback shall be required for a cumulative total of 180 linear feet or less of building along the Bryant Street, Mariposa Street, and Hampshire Street frontages. (B) Lot Coverage. Lot coverage between 75 feet and 150 feet in height shall be limited to no more than 50% of the total lot area. (C) Massing separation above 115 feet in height. (i) No street-facing portion of the building above 115 feet in height shall have a linear dimension greater than 180 feet in width without it being separated from another mass by the means described in subsection 249.98(4)(C)(ii) below. Further, when located along Bryant Street, Mariposa Street, or the Hampshire Street frontage, such building massing shall not have a linear dimension greater than 155 feet in width. (ii) Building masses shall be separated by at least 25 feet. Such massing breaks shall take the form of recessing and projecting building elements to provide articulation to the façade. The depth of such massing breaks shall be sufficient to establish a distinguishable and desirable transition between masses. (Added by Ord. 58-24, File No. 231256, App. 3/22/2024, Eff. 4/22/2024) SEC. 249.99. 30 VAN NESS AVENUE SPECIAL USE DISTRICT. (a) Purpose. In order to facilitate the development of a residential mixed-use project generally consistent with the policies of the Market and Octavia Area Plan, there shall be the 30 Van Ness Avenue Special Use District, consisting of Assessor’s Parcel Block No. 0835, Lot No. 004. The boundaries of the 30 Van Ness Avenue Special Use District are designated on Sectional Map No. SU07 of the Zoning Map. The 30 Van Ness Avenue Special Use District is subject to Planning Code Section 405, which requires the refund of development fees in situations where a site permit is abandoned, expires, is withdrawn, or is cancelled, such that it will be necessary to obtain a new permit to carry out any new work on the development project. (b) Applicability. The provisions of this Special Use District shall only apply to a project that meets the following requirements: (1) a site permit or First Construction Document has been issued for the project, and work thereunder has commenced, prior to August 1, 2024; (2) the site permit or First Construction Document in subsection (b)(1) has not been affirmatively abandoned with an intent not to resume work thereunder; has not expired; has not been canceled; and/or has not been withdrawn; and (3) the project is consistent with the applicable provisions of the Planning Code in effect as of August 1, 2024, inclusive of any variance, modifications, or exceptions granted under the Planning Code, including without limitation, any modifications to a project pursuant to Section 206.6. (c) Controls. Applicable provisions of the Planning Code shall apply to the 30 Van Ness Avenue Special Use District except as otherwise provided in this Section 249.99. In the event of a conflict between other provisions of the Planning Code and this Section, this Section shall control. (d) Inclusionary Housing Requirements. The provisions of Section 415 et seq. as amended or replaced from time to time, shall apply to projects subject to the 30 Van Ness Avenue Special Use District, except as follows: (1) If a project sponsor elects to pay the affordable housing fee under Section 415.5, the project shall comply with the requirements set forth in Section 415.5(b)(1), except that the applicable percentage shall be 16.4%, and the rate of the fee per square foot shall be the rate applicable as of the effective date of the ordinance in Board File No. 240872, enacting this Section 249.99. (2) If a project sponsor elects to provide on-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.6(a), except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 12%. Project sponsors shall ensure that a minimum of 8% of the Affordable Units are affordable to low-income households, 2% of the Affordable Units are affordable to moderate-income households, and 2% of the Affordable Units are affordable to middle-income households. (3) If a project sponsor elects to provide off-site Affordable Units pursuant to Section 415.5(g), the housing development shall comply with the requirements of Section 415.7, except that the applicable percentage for an Ownership Housing or Rental Housing Project shall be 16.4%. Project sponsors shall ensure that a minimum of 9.4% of units are affordable to low- income households, 4% are affordable to moderate-income households, and 3% are affordable to middle-income households. (4) The provisions of Section 415B shall not apply to projects in this 30 Van Ness Special Use District. (5) For a project that has elected to pay the affordable housing fee pursuant to subsection (d)(1), the project shall be entitled to receive a waiver against all or a portion of such affordable housing fee. The amount of such waiver shall be calculated as follows: (i) the sum of Article 4 development impact fees paid by the project prior to the effective date of this ordinance; less (ii) 67% of the sum of the applicable Article 4 development fees where such fees are calculated using the fee rates in effect on May 21, 2020; and less (iii) the amount of interest accrued at a rate of 4.5% per annum, calculated on a daily basis for any partial year, on the fees paid by the project under (d)(5)(i), from the date the fees were paid until the effective date of the aforementioned ordinance. The Planning Director shall calculate the amount of the foregoing waiver. (e) Accessory Parking. The provisions of Section 249.33(b)(10) shall apply to projects in the 30 Van Ness Avenue Special Use District regardless of whether any such project provides 25% or more on-site affordable housing units as defined in Section 415. (f) Refund of Development Impact Fees. The City shall refund development impact fees under Section 405 if the site permit or First Construction Document in subsection (b)(1) has been affirmatively abandoned with an intent not to resume work thereunder; has expired; has been canceled; and/or has been withdrawn. Any fees to be refunded under Section 405 shall be refunded to the project sponsor within 180 days of the request. (g) Sunset Provision. This Section 249.99, shall expire by operation of law at the earlier of (1) the City’s refund of development impact fees under Section 405; (2) upon issuance of a Temporary Certificate of Occupancy; or (3) upon issuance of a Certificate of Final Completion by the Department of Building Inspection for the project in subsection (b)(1). Upon expiration of this Section 249.99, the City Attorney is authorized to cause its provisions to be removed from the Planning Code and the Zoning Map. (Added by Ord. 1-25, File No. 240872, App. 1/31/2025, Eff. 3/3/2025) ARTICLE 2.5: HEIGHT AND BULK DISTRICTS Sec. 250. Height and Bulk Districts Established.