SEC. 249.23. FOURTH AND FREELON STREETS SPECIAL USE DISTRICT.

There shall be a special use district known as the Fourth Street, Freelon Street, Zoe Street and Welsh Street, as designated on Sectional Map No. 1SU of the Zoning Map of the City and County of San Francisco. The following controls shall apply within this Special Use District.

(a) Conversion of Previously Approved But Not Yet Constructed Live/Work Units to Market-Rate Housing. The developer of previously approved but not yet constructed live/work units may convert the units to market-rate residential units and construct additional new market-rate residential units on the site provided that (i) the developer, at his, her or its sole expense, constructs affordable housing off-site with square footage equal to 15% of the total residential units

s to Market-Rate Housing.** The developer of previously approved but not yet constructed live/work units may convert the units to market-rate residential units and construct additional new market-rate residential units on the site provided that (i) the developer, at his, her or its sole expense, constructs affordable housing off-site with square footage equal to 15% of the total residential units

proposed to be constructed offsetting the developer's site acquisition costs against the costs of construction, and (ii) the affordable housing is constructed of similar high quality construction to the market rate units on land owned or purchased by the developer and is located in the South of Market Area or the North of Market Residential Special Use District, (iii) the off-site affordable housing building shall contain a minimum of 56 dwellings of no less than 400 square feet each, (iv) the off-site affordable units shall be rental units, (v) the off-site affordable rental units shall be marketed and monitored in accordance with the requirements of the Procedures Manual approved under Section 401 of this Code, except that the owner shall, to the extent permitted by law, give top priority to current Single Room Occupancy tenants and families with low- and very-low income, (vi) the affordable rental units shall remain subject to the affordability requirements of the Procedures Manual for a period of 50 years from their date of initial occupancy, (vii) upon completion, the land title shall be transferred to and the off-site affordable housing building shall be owned, managed and operated by a nonprofit housing organization, and (viii) the deed to the off-site affordable housing building and the associated land shall be transferred to a non-profit affordable housing organization selected by the Mayor's Office of Housing if the original nonprofit housing organization is dissolved. If no such nonprofit housing organization can be found, the off-site affordable housing building and the associated land shall revert to the City. The off-site affordable housing building and the associated land shall not be sold or transferred without the consent of the Mayor's Office of Housing. The nonprofit housing organization shall be responsible for securing all required City approvals and permits for the affordable housing project, with the cost of securing such approvals and permits borne by the developer as its costs of development. For purposes of this section, "affordable" shall be defined as affordable to low- and lower-income households with income not exceeding 50% of San Francisco's median income. The developer shall pay to the San Francisco School District School Fees for the new market rate units less the amount of school fees already paid to the District for the previously approved live/work units.

s of development. For purposes of this section, "affordable" shall be defined as affordable to low- and lower-income households with income not exceeding 50% of San Francisco's median income. The developer shall pay to the San Francisco School District School Fees for the new market rate units less the amount of school fees already paid to the District for the previously approved live/work units.

(b) Principal Permitted Uses. The principal permitted uses in this Special Use District shall be a residential and retail mixed-use development. Office use is not allowed, except for office use accessory to a permitted retail use. Live/work is not permitted in this Special Use District. The construction of market-rate residential units is permitted only if the provisions of Subsection (a) above are met.

(c) Dwelling Unit Density. The dwelling unit density shall be governed by the allowable building envelope.

(d) Rear Yard. The rear yard requirement shall be 15% of the lot depth. However, the Zoning Administrator may administratively modify the location of the required rear yard, provided that a comparable amount of open space is provided elsewhere in this Special Use District or within the development where it is more accessible to the residents of the development.

(e) Usable Open Space. The usable open space shall be 36 square feet per unit for private usable open space, or 48 square feet per unit for common usable open space.

(f) Sunlight and Dwelling Unit Exposure Requirements. The Planning Commission may grant an exception to Section 135(g)(2) and Section 140 of this Code pursuant to Subsection (i) of this Section 249.23.

(g) Height and Bulk Restrictions. The base height and bulk applicable to this Special Use District is 50-X. An exception to the height requirement up to a maximum of 85 feet may be approved pursuant to Subsection (i)[1] of this Section.

(h) Yards. No front or side yard shall be required in this Special Use District.

(i) Project Approval. The Planning Commission shall conduct a duly noticed public hearing on the application for an alteration to the previously approved live/work project. Conditional use authorization is required for a project in this Special Use District meeting the requirements set forth in Subsection (a) of this Section. The Planning Commission may grant an exception to the 50 height limit up to 85 feet and may approve the project, provided that the Commission finds that (i) the height of the building or structure does not exceed 85 feet, (ii) the project complies with the provisions of subsection (a) of this Section, (iii) the proposed project meets the additional criteria set forth in Section 303(c) of this Code, and (iv) the project sponsor has provided evidence that a mechanism will be in place to assure completion and maintenance of the off-site affordable housing and insurance against construction defects. The creation of this Special Use

District shall not limit the discretion vested in the Planning Commission in its review including but not limited to height, building scale, required setbacks and street frontage treatments of the projects.

(j) Timing of Construction. The project applicant shall insure that the off-site units are constructed, completed, and ready for occupancy no later than the market rate units in the principal project. The off-site inclusionary units requirements shall be met on-site pursuant to the provisions of Section 415.5 of this Code in the event that no off-site project is built by the project applicant.

(k) Notice. Upon receipt of an alteration permit application for a residential development meeting the requirements of subsection (a) of this Section, the Planning Department shall provide notice of the development to property owners and occupants within a 300 foot radius of this Special Use District.

(Added by Ord. 27-03, File No. 020549, App. 2/28/2003; amended by Ord. 109-11, File No. 101350, App. 6/29/2011, Eff. 7/29/2011; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013)

AMENDMENT HISTORY

Division (a) amended; former division (g) deleted and former divisions (h) through (l) redesignated as divisions (g) through (k); division (j) amended; Ord. 109-11, Eff. 7/29/2011. Division (f) amended; Ord. 56-13 , Eff. 4/27/2013. CODIFICATION NOTE

1. Reference corrected by the codifier to account for the redesignation of former division (j) by Ord. 109-11, Eff. 7/29/2011.