SEC. 249.86. 3333 CALIFORNIA STREET SPECIAL USE DISTRICT.

(a) Location. A Special Use District entitled the 3333 California Special Use District (“SUD”), the general boundaries of which are California Street to the north, Presidio Avenue to the east, Masonic Avenue to the southeast, Euclid Avenue to the south, and Laurel Street/Mayfair Drive to the west, as more specifically shown on Section Map SU03 of the Zoning Maps of the City and County of San Francisco, is hereby established for the purpose set forth below.

(b) Purpose. The purpose of the SUD is to facilitate the development of a mixed use project in a transit-rich location with residential, non-residential, child care, open space, and related uses, and to give effect to the Development Agreement for the 3333 California Street Mixed-Use Development Project, as approved by the Board of Supervisors in the ordinance in File No. 190845. The SUD will provide benefits to the City including but not limited to: replacement of a large-scale office building with a series of smaller buildings designed to be consistent with the scale and character of the neighborhood; construction of hundreds of new housing units, including family-sized units and on-site senior housing with affordability levels exceeding onsite City requirements; an on-site child care facility; and construction and maintenance of new, publicly accessible open spaces and new connections to the surrounding street grid, including new pedestrian connections, and other street and streetscape improvements.

(c) Development Controls. Applicable provisions of the Planning Code shall apply to the SUD except as otherwise provided in this Section 249.86. In the event of a conflict between other provisions of the Planning Code and this Section, the provisions of this Section shall control.

(1) Additional Permitted Uses. In addition to the uses permitted in the RM-1 zoning district, the non-residential land use controls of the NC-S zoning district shall apply for the first and second story of all buildings with frontage on California Street, except that the following uses shall be principally permitted on such floors:

(A) Flexible Retail Uses;

(B) Social Service or Philanthropic Facilities; and,

(C) Arts Activities.

(2) Uses Not Permitted. Notwithstanding any other provision in this Code, the following uses shall not be permitted in the SUD:

(A) Automotive Service;

(B) Drive-Up Facility; and,

(C) Mortuary.

(3) Notwithstanding any other provision of this Code, the following uses shall require conditional use authorization pursuant to the provisions of Section 303:

(A) Liquor Store;

(B) Massage, Chair/Foot; and,

(C) Neighborhood Agriculture.

(4) In addition to the restrictions set forth in this subsection (c), the hours of operation for commercial uses within the SUD shall be from 6:00am to 12:00am.

(5) Usable Open Space Requirements. Usable open space required under Section 135 has been designed on an SUD-wide basis. The open space requirement shall be met through a combination of private and common usable open spaces, as defined in Section 135, that will be associated with individual buildings as well as approximately 56,000 square feet of privately owned, publicly accessible parks and plazas that will be counted as common usable open space, provided such space is otherwise compliant with Section 135(g) and developed in accordance with the Development Agreement for the project, including without limitation, Schedule 1 (Community Benefits Linkages and impact Fee Schedule) thereof. The open space plan depicted below in this subsection (c)(2) generally sets forth the approximate location and size of such privately owned, publicly accessible open space. Accordingly, compliance with usable open space requirements for any building in the SUD shall be evaluated on a project-wide basis and for consistency with the terms of the Development Agreement. Upon expiration or termination of the Development Agreement, the then-applicable open space requirements of the Planning Code shall apply to any future development, provided however, that any building which has satisfied its open space requirements in accordance with this subsection (c)(2) prior to the expiration of the Development Agreement shall be deemed to be Codeconforming as to open space requirements and shall not constitute a noncomplying structure or nonconforming use under the provisions of Article 1.7, notwithstanding the expiration of the Development Agreement.

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(6) Off-Street Parking. Article 1.5 of this Code shall apply to this SUD, except as follows:

(A) Child Care Facility Parking. Off-street parking spaces for any child care facility shall be permitted at a rate of 1.5 parking spaces for each nine children who could be accommodated in the child care facility under the applicable child care licensing requirements.

(B) Affordable Housing Parking. Off-street parking spaces for any building containing residential uses, all of which are 100% affordable housing units (with the exception of the manager’s unit), shall be permitted at a rate of no more than 0.5 parking spaces per unit.

(7) Inclusionary Housing. For so long as the Development Agreement is in effect, the affordable housing requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the then-applicable Inclusionary Affordable Housing requirements set forth in Planning Code Sections 415 et seq., as amended from time to time, shall apply to any future development, without reference to the date of any earlier development application.

fect, the affordable housing requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the then-applicable Inclusionary Affordable Housing requirements set forth in Planning Code Sections 415 et seq., as amended from time to time, shall apply to any future development, without reference to the date of any earlier development application.

(8) Child Care Requirements. For so long as the Development Agreement is in effect, the Child Care requirements of the Development Agreement shall govern. Upon expiration or termination of the Development Agreement, the then-applicable Child Care requirements set forth in Planning Code Sections 414 and 414A et seq., as amended from time to time, shall apply to any future development, without reference to the date of any earlier development application.

(9) Director Determination. During the term of the Development Agreement, all site and/or building permit applications for construction of new buildings or alterations of, or additions to existing structures (“Applications”) submitted to the Department of Building Inspection shall be forwarded to the Planning Department for consistency review. For purposes of this subsection (c)(6), Applications do not include any interior modifications or alterations, provided however, that any such modification or alteration shall otherwise comply with the applicable requirements of the Planning Code. In no event may the Planning Director or Planning Commission approve an Application that is not in substantial conformance with this Section 249.86, the Development Agreement, or any conditional use authorization and planned unit development authorization.

(10) Discretionary Review. No requests for discretionary review shall be accepted or heard for projects within the SUD.

(Added by Ord. 275-19, File No. 190844, App. 11/27/2019, Eff. 12/28/2019, Oper. 12/28/2019)