SEC. 249.20. GEARY-MASONIC SPECIAL USE DISTRICT.

(a) General. A Special Use District entitled the Geary-Masonic Special Use District (“District”), the boundaries of which are shown on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set out helow.

(b) Purpose. In order to provide for a mixed use development project with ground floor retail, and a combination of very low income, low-income, moderate-income, middle-income, and market rate residential units, at densities higher than what otherwise would be permitted in the NC-3 zoning district and 80 foot height district, in an area well-served by transit, there shall be a Geary-Masonic Special Use District consisting of Assessor’s Block 1071, Lot 003 as designated on Sectional Map SU03 of the Zoning Maps of the City and County of San Francisco.

(c) Development Controls. Applicable provisions of the Planning Code for NCT-3 Districts as set forth in Section 752 shall apply within this Special Use District, except for the following:

(1) Use Size. Non-residential uses 3000 square feet and above shall require a conditional use under Section 121.2. Uses more than 6000 square feet in size are not permitted.

(2) Accessory Vehicle Parking. No minimum off-street parking shall be required for any use in this Special Use District. No parking shall be permitted above .5 cars for each Dwelling Unit.

(3) Car-sharing. Notwithstanding the provisions of section 166, no less than 25% of parking spaces provided shall be an off-street car-share parking space and shall be provided on the building site. Except as expressly provided herein, all other provisions of section 166 shall apply.

(4) Parking and Loading Access. Parking and Loading access from Masonic Avenue is not permitted.

(5) Dwelling Unit Mix. The project shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom units, including at least 10% three bedroom units; or (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the project are provided in units with more than one bedroom.

(6) Ground Floor Non-Residential Height. Notwithstanding Section 145.1(c)(4), non-residential uses on the ground floor shall have a minimum floor-to-floor height of 12 feet, measured from the ground floor slab.

(d) Inclusionary Housing. Compliance with Section 415 et seq. shall be by payment of the affordable housing fee, or provision of on-site units, as follows:

(1) Affordable Housing Fee. Payment of the Affordable Housing Fee pursuant to Section 415.5 and subject to the following provisions:

(A) For a project providing Owned Units, the applicable percentage shall be 33% of the Gross Floor Area of residential use.

(B) For a project providing Rental Units, the applicable percentage shall be 30% of the Gross Floor Area of residential use.

(C) Use of Fees. Fees shall be payable to the Development Fee Collection Unit at DBI for deposit into the Citywide Affordable Housing Fund. MOHCD shall designate and separately account for all fees that it receives under this subsection (d)(1). The funds shall be used exclusively to acquire and construct a 100% affordable housing project on a site located within one and one-half mile of the boundaries of the SUD. If such funds have not been allocated for the acquisition or predevelopment of a project on a site within one and one-half mile of the boundaries of the SUD within five years of deposit into the Citywide Affordable Housing Fund, such funds may be used anywhere in the City and for any size project [1]

(2) On-Site Inclusionary Units. On-site Units pursuant to Section 415.6 in the following amounts and income levels:

(A) In a rental project, at least 10% of units must be affordable to very low-income households, at least 4% must be affordable to low-income households, at least 4% must be affordable to moderate-income households and at least 5% must be affordable to middle-income households. For purposes of this section, rental units for very low-income households shall have an affordable rent set at 55% of Area Median Income or less, with households earning up to 65% of Area Median Income eligible to apply for very low-income units. For purposes of this section, rental units for low-income households shall have an affordable rent set at 80% of Area Median Income or less, with households earning up from 65% to 90% of Area Median Income eligible to apply for low-income units. For purposes of this section, rental units for moderate-income households shall have an affordable rent set at 110% of Area Median Income or less, with households earning from 90% to 120% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, rental units for middle-income households shall have an affordable rent set at 120% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for middleincome units. For any affordable units with rental rates set at 110% of Area Median Income or above, the units shall have a minimum occupancy of two persons.

nits. For purposes of this section, rental units for middle-income households shall have an affordable rent set at 120% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for middleincome units. For any affordable units with rental rates set at 110% of Area Median Income or above, the units shall have a minimum occupancy of two persons.

(B) In an ownership project, at least 11% of units must be affordable to very low-income households, at least 5% must be affordable to low-income households, at least 5% must be affordable to moderate income households and at least 5% must be affordable to middle-income households. For purposes of this section, ownership units for very low-income households shall have an affordable sales price set at 80% of Area Median Income or less, with households earning up to 100% of Area Median Income eligible to apply for very low-income units. For purposes of this section, ownership units for low-income households shall have an affordable sales price set at 105% of Area Median Income or less, with households earning up from 95% to 120% of Area Median Income eligible to apply for low-income units. For purposes of this section, ownership units for moderate-income households shall have an affordable sales price set at 130% of Area Median Income or less, with households earning from 120% to 140% of Area Median Income eligible to apply for moderate-income units. For purposes of this section, ownership units for middle-income households shall have an affordable sales price set at 150% of Area Median Income or less, with households earning from 140% to 160% of Area Median Income eligible to apply for middle-income units. For any affordable units with sales prices set at 130% of Area Median Income or above, the units shall have a minimum occupancy of two persons.

(3) The grandfathering provisions in Section 415.3(b) shall not apply. Except as expressly provided in this subsection (d), all other provisions of Section 415 shall apply.

(Added by Ord. 45-18, File No. 161109, App. 3/16/2018, Eff. 4/16/2018; amended by Ord. 70-20, File No. 191002, App. 5/1/2020, Eff. 6/1/2020; Ord. 174-21, File No. 200519, App. 10/29/2021, Eff. 11/29/2021)

(Former Sec. 249.20 added by Ord. 472-97, App. 12/23/97; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (c)(2) and (d) amended; divisions (c)(6) and (d)(1)- (d)(2) added; former divisions (d)(1) and (d)(2) redesignated as (d)(2)(A) and (d)(2)(B); Ord. 70-20, Eff. 6/1/2020; Ord. 174-21, Eff. 11/29/2021.

CODIFICATION NOTE

1. So in Ord. 174-21.