SEC. 249.22. NON-CONTIGUOUS SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY SITES SPECIAL…

(a) Purpose. There shall be a non-contiguous Special Use District (“SUD”) for sites owned by the City and County of San Francisco and under the jurisdiction of the San Francisco Municipal Transportation Agency (SFMTA) to enable SFMTA to use the sites for transportation and other Public uses as well as uses permitted by the underlying zoning district. This SUD also enables mixed-use residential development with characteristics not accommodated by underlying zoning. (b) Applicability. The provisions in this Section 249.22 shall apply to the following Assessor’s Block/Lots: 0019/001; 0490/009, 010, 011, 012, 013; 0635/009, 009A; 0669/012; 1072/001; 1439/035, 036, 045, 048, 049; 1440/028, 029, 030; 1453/020; 1526/002, 028, 028A; 1596/044, 045; 1730/050; 1763/044; 2647/034, 017; 2864/050; 2979A/002, 034; 2988A/007; 3582/087; 6507/023; 6972/036; 7225/013; 7226/016. Notwithstanding Planning Code Section 206.10, which prohibits projects within SUDs that implement Development Agreements from using the HC-SF Program, residential development projects within this SUD may use the HC-SF Program even when such development is associated with a Development Agreement, Project Agreement or other similar agreement.

(c) General Controls.

(1) Permitted Uses. In addition to any uses permitted by the zoning district in which the lot is located, uses permitted under Section 211.1 shall be principally permitted and uses conditionally permitted under 211.2 shall be conditionally permitted. Where there is a conflict between land use controls in the underlying zoning district and those in Sections 211.1 or 211.2, the more permissive control shall apply.

(2) Residential Density. Maximum residential density limits or Floor Area Ratio limits shall not apply to Residential Uses in the SUD. Form Based density shall apply to Residential Uses in the SUD.

(3) Measurement of Height. Notwithstanding Planning Code Section 260(a) regarding Method of Measurement, the height of a structure containing a Public Facility may be measured from the centerline of such structure along any frontage for that structure’s entire depth.

(4) Bulk and Lot Coverage. For Development projects that are in height districts that allow heights of 400 feet or greater, and are using the HC-SF Program in Section 206.10, the following bulk controls and lot coverage provisions shall apply:

(A) Notwithstanding Sections 270(i)(1)(A)(i) and 270(i)(1)(B)(i) no setbacks are required for interior property lines abutting lots with a Public Facility.

(B) Below a height of 85 feet, no rear yard or lot coverage limits shall apply. For portions of a building between 85 feet in height and 120 feet in height, the bulk controls of Section 270(i) shall not apply; rather, for a lot that does not include a Public Facility, the lot coverage shall be limited to 60% of the lot area.

(C) For portions of a building above 120 feet in height (herein “above the podium”), building mass may be provided in up to two towers that meet the bulk limits of Section 270(i)(1). However, the following exceptions to Section 270(i)(1) shall apply:

(i) Tower separation may be reduced to not less than 50 feet if the height of the shorter tower above the podium is no taller than one-half the height of the taller tower above the podium.

• (ii) A tower’s average floorplate above the podium shall be no larger than 14,000 square feet.

(iii) If there are two towers, one of the towers shall not be taller than 360 feet.

(iv) The combined maximum gross floor area of two towers, measured for floors between 120 feet and 360 feet in height shall be limited to 576,000 square feet.

(v) The average floorplate for the top 1/3 portion of a tower above the podium shall be reduced in square footage by 10% from the average floorplate of the lower 2/3 portion of the tower, and the allowed maximum dimensions in Section 270(i)(B) for such top 1/3 portion of the tower shall be reduced by 5% from the lower 2/3 portion of the tower. (vi) The standards in this subsection (c)(4)(C) are not eligible for the reduction or modification of standards in Section 206.10(d)(1)(M).

(5) Open Space. Section 135 shall apply, except as follows:

(A) On-Site Publicly Accessible Usable Open Space. The usable open space requirement may be met for projects subject to the SUD with on-site publicly accessible usable open space, including open space otherwise required by Planning Code Section 270.3. When on-site publicly accessible usable open space is provided, the maintenance, information plaque, and liability provisions of Section 270.3(e) shall apply.

(B) Off-Site Publicly Accessible Usable Open Space. When additional off-site improvements are made to meet the usable open space requirement, including improvements on adjacent sidewalks and public rights-of-way, such open space improvements shall comply with all applicable regulations of the San Francisco Municipal Transportation Agency, San Francisco Art Commission, the Department of Public Works, the Bureau of Light, Heat and Power of the Public Utility Commission, or any other public agency, as applicable. The property owner shall maintain all such improvements and meet the liability provisions of Section 270.3(e) for the life of the project.

(6) Development Impact Fees. For a development project on land subject to the SUD:

(A) With the recommendation of the SFMTA Board of Directors, the Board of Supervisors may waive all or a portion of any applicable Transportation Sustainability Fee under Section 411A, and all or a portion of any applicable Jobs-Housing Linkage Program requirements under Section 413.

(B) The provisions of Section 415 et seq. , as amended or replaced from time to time, shall apply. Notwithstanding Section 415.6(h)(1), a development project may receive development subsidies if the development provides the same number of on-site affordable units as required by the applicable on-site affordable housing requirement in Section 415 et seq. , or any temporary reduction as set forth in Sections 415A et seq. or 415B et seq. , plus an additional number of on-site affordable units equal to 25% of the applicable on-site affordable units. Additional units shall be provided as affordable to households at or below 80% of Area Median Income. Any units required to be affordable to middle- or moderate-income households under Sections 415.6(a), 415A, or 415B, as applicable, or this subsection 249.22(c)(6)(B), may instead be affordable to moderate- or low-income households. Notwithstanding Section 415.6(f)(1), the moderate and low income units may be located anywhere in the project.

(Added by Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) (Former Sec. 249.22 added by Ord. 5-02, File No. 011638, App. 1/25/2002; repealed by Ord. 215-22, File No. 220041, App. 10/28/2022, Eff. 11/28/2022)