SEC. 249.13. GEARY BOULEVARD/DIVISADERO STREET SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Divisadero Street/Geary Boulevard Special Use District, consisting of Lots 5, 5A, 6, 7, 8, 9, 9A, 10, 11 and 12 of Assessor's Block 1079 is hereby established for the purposes set forth below.

(b) Purposes. The following controls, imposed in the Geary Boulevard/Divisadero Street Special Use District, will advance the policies of the Commerce and Industry Element of the City's General Plan in that they will encourage the expansion of needed health services, yet manage such expansion ensuring the preservation and integrity of residential neighborhoods in the City, and will promote the provision of adequate health services to all geographical districts and cultural groups within the City.

(c) Controls. The specific controls set forth herein shall apply only to the development of out-patient facilities affiliated with and operated by a health maintenance organization solely for the benefit of its members. Any development which does not meet the purposes set forth herein shall be governed by the underlying zoning controls.

(1) Design Review By Planning Commission. An applicant submitting an application for a proposed development and use pursuant to this Section shall be required to submit an application for design review by the Planning Commission. The design review application may be submitted concurrently with or before a building permit application.

(2) Fees. In addition to the building permit review fee set forth in Section 352, the project sponsor shall pay a fee of fifteen thousand dollars ($15,000.00) per application to compensate the Planning Department for compliance with this Section.

(3) Principal Permitted Uses. Ground floor uses shall be limited to those set forth for NC-3 Districts. Upper floor uses shall be limited to out-patient facilities, including physicians' offices needed to providing preventive health-care, and accessory administrative uses affiliated with and operated by a health maintenance organization, provided however that the accessory administrative use shall not occupy more than 15 percent of the floor area subject to the floor area ratio. For the purposes of interpreting "out-patient facilities" under this section, such facilities shall not be deemed an office use subject to the provisions of Sections 309 through 325 et seq .

(4) Basic Floor Area Ratio. The basic floor area ratio shall be six (6) to one (1). The definitions for Gross Floor Area and Occupied Floor Area in Section 102 of this Code shall be used for calculating the floor area ratio. In addition to the floor area excluded from the floor area ratio calculation set forth in the definitions for Gross Floor Area (Subsections (b)(1) through (14) inclusive), and Occupied Floor Area, dwelling units and other residential uses as defined in this Section 249.13 shall be exempted from the floor area calculation.

Section 102 of this Code shall be used for calculating the floor area ratio. In addition to the floor area excluded from the floor area ratio calculation set forth in the definitions for Gross Floor Area (Subsections (b)(1) through (14) inclusive), and Occupied Floor Area, dwelling units and other residential uses as defined in this Section 249.13 shall be exempted from the floor area calculation.

(5) Dwelling Unit Density and Residential Use. The dwelling unit density shall be governed by the underlying zoning classification as set forth in the Zoning Control Table for the district in which the lot is located. For the purposes of this section, residential use shall include rooms or beds used by out-patients receiving medical treatment at the health maintenance organization, including but not limited to patients receiving treatment at the AIDS infusion center, or receiving chemotherapy treatment, regardless of the length of stay of such out-patients.

(6) Height And Bulk Restrictions. The applicable Height and Bulk for this Special Use District shall be 105-X.

(7) Rear Yards. The requirements of this Code applicable to rear yards and applicable to dwelling units or other residential use may be modified by the Planning Commission as part of the design review, if all of the following conditions are met:

(A) The interior block open space formed by the rear yards of the abutting properties will not be adversely affected;

(B) A comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to the residents; and

(C) The access to light and air for abutting properties will not be significantly impeded.

(8) Required Setbacks. The Planning Commission may impose a side setback of up to 15 feet above the building height of 65 feet if it determines that this requirement is necessary to achieve a superior architectural design.

(9) Demolitions. Demolition of any building containing residential uses and any conversion from residential to non-residential uses above the ground floor shall be permitted provided that the notice and relocation assistance provisions of Chapter 37 of the San Francisco Administrative Code (The San Francisco Residential Rent Arbitration and Stabilization Ordinance)

are met.

If the Commission determines, during its design review, that the public benefits to be gained do not outweigh the adverse impacts from the demolition of the residential units, the Commission may impose conditions to reduce such adverse impact. The conditions may require that the applicant pay to the City Controller the sum of one hundred thousand dollars ($100,000.00) to mitigate the loss of housing units. Said amount paid to the City shall thereafter be used exclusively for the development of housing affordable to individuals or households with income not to exceed 80 percent of the median income of the San Francisco Standard Metropolitan Areas as defined by HUD.

hat the applicant pay to the City Controller the sum of one hundred thousand dollars ($100,000.00) to mitigate the loss of housing units. Said amount paid to the City shall thereafter be used exclusively for the development of housing affordable to individuals or households with income not to exceed 80 percent of the median income of the San Francisco Standard Metropolitan Areas as defined by HUD.

(10) Parking. One (1) off-street parking space for every 500 square feet of occupied floor area of out-patient facility space and accessory use space shall be provided. The provisions of Section 151 of this Code shall govern off-street parking requirements for all other allowable uses in this Special Use District. The Planning Commission may reduce the off-street parking requirement if it finds that all or part of the off-street parking requirement is provided by existing off-street parking serving the health maintenance organization, and that such offstreet parking is located within one block of the Special Use District.

(11) Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals within fifteen (15) days after action by the Planning Commission on the design review application. The procedure for appeal shall be as described in Section 308.2. The decision of the Planning Commission, or that of the Board of Appeals on appeal shall constitute a final determination on all land use and Planning Code issues, except for review by a court of competent jurisdiction. Review by the Board of Appeals on the issuance of a building or site permit for a proposed structure for this Special Use District shall be limited to issues arising out of the San Francisco Building Code, Health Code and Fire Code.

(Added by Proposition K, 11/3/92; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (b), (c)(4), (c)(5), and (c)(11) amended; Ord. 22-15, Eff. 3/22/2015.