SEC. 249.63. CAYUGA/ALEMANY SPECIAL USE DISTRICT.

A Special Use District entitled the Cayuga/Alemany Special Use District (Cayuga/Alemany SUD, or SUD), is hereby established for the purpose set forth in this Section 249.63.

(a) Location. The Cayuga/Alemany SUD is at 915 Cayuga Avenue and is generally bounded by Cayuga Street, Ocean Avenue, Alemany Boulevard, and Onondaga Avenue, and consists of Lot 039 of Assessor’s Block 6954, as designated on Sectional Map SU11 of the Zoning Map.

(b) Purpose. The purpose of the Cayuga/Alemany SUD is to give effect to the Development Agreement for the 915 Cayuga Project, as approved by the Board of Supervisors in the ordinance in File No. 190249. The Cayuga/Alemany SUD will facilitate the construction of a residential development project that provides family size housing of two or more bedrooms, and on-site affordable housing units, both at levels exceeding City requirements.

(c) Controls. All provisions of the Planning Code applicable to the Excelsior Outer Mission Neighborhood Commercial District shall apply to the Cayuga/Alemany SUD except as otherwise provided in this Section 249.63 .

(1) Dwelling Unit Density. There shall be no residential density limit within this SUD.

(2) Dwelling Unit Mix. The following dwelling unit mix criteria shall apply in this SUD:

(A) No less than 70% of the total number of proposed Dwelling Units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units;

(B) No less than 10% of the total number of proposed Dwelling Units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (c)(2)(i).

(3) Inclusionary Housing. The requirements of Section 415 of this Code shall apply in this SUD, except as expressly provided herein.

(A) Compliance with Section 415 shall be by providing affordable units on-site in accordance with Section 415.6. Payment of an affordable housing fee under Section 415.5, or construction of units off-site under Section 415.7 are not permitted to satisfy Section 415.

(B) The number of Affordable Units constructed on-site shall be 50% of the number of all units constructed on-site.

(i) Ten percent of the units shall be affordable to households earning 55% of Area Median Income, with households earning up to 65% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(i).

(ii) Ten percent of the units shall be affordable to households earning 80% or less of Area Median Income, with households earning from 65% to 90% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(ii).

(iii) Thirty percent of the units shall be affordable to households earning up to 100% of Area Median Income, with households earning from 90% to 130% of Area Median Income eligible to apply for units under this subsection (c)(3)(B)(iii).

(4) Demolition of Dwelling Units. No discretionary review or Conditional Use authorization pursuant to Section 317 or any other section of this Code shall be required for the demolition of any Dwelling Unit within this SUD.

(5) Development of Large Lots. Conditional Use authorization pursuant to Section 121.1 shall not be required.

(6) Off-Street Loading. Off-street loading spaces pursuant to Section 152 shall not be required.

(7) Off-Street Parking. Any increase in the number of off-street parking spaces subsequent to issuance of a first certificate of occupancy shall be subject to all applicable provisions of this Code, except that no new Conditional Use Authorization shall be required. Off-street parking shall not exceed a ratio of oneparking [1 ] space for each dwelling unit.

(8) Planned Unit Developments. No Planned Unit Development under Planning Code Section 304 shall be authorized.

(9) Conditional Use. New residential development within the SUD shall be reviewed and approved in accordance with the Conditional Use authorization process of Section 303.

(A) In acting on any application for Conditional Use within this SUD, the Commission shall consider the Conditional Use requirements set forth in subsection 303(c), and in addition shall consider whether facts are presented to establish, based on the record before the Commission, one or more of the following:

(i) The proposed project promotes housing affordability by increasing the housing supply.

(ii) The proposed project provides housing on-site at levels significantly higher than the requirements of Section 415.

(B) In acting on any application for Conditional Use within this SUD, the Commission may modify the following requirements as stated:

(i) Rear Yard. The required rear yard per Section 134 may be reduced to no less than 25% of the lot area. Rear yard shall be provided at the lowest story containing a Dwelling Unit and at each succeeding story.

(ii) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140(a)(2) for up to 60% of dwelling units, or 75 units, whichever is more, may be satisfied through qualifying windows facing an unobstructed open area that is no less than nine feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.

(iii) Open Space. The open space requirements of Section 135 may be reduced to no less than 80 square feet per unit if private open space, or 100 square feet per unit if common open space, and there shall be no minimum required dimensions for private open space in inner courtyards. Any other space credited as private open space shall have a minimum horizontal dimension of six feet and a minimum area of 36 square feet. Any space credited as common usable open space shall have a minimum horizontal dimension of ten feet and a minimum area of 100 square feet.

(Added by Ord. 92-19, File No. 190250, App. 5/17/2019, Eff. 6/17/2019; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

(Former Sec. 249.63 added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; repealed by Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

AMENDMENT HISTORY

Divisions (c)(2)(i) and (ii) redesignated as (c)(2)(A) and (B) and amended; designation of division (c)(3)(B)(iii) corrected; Ord. 63-20, Eff. 5/25/2020.

CODIFICATION NOTE

1. So in Ord. 92-19.