SEC. 249.28. TRANSBAY C-3 SPECIAL USE DISTRICT.

(a) Purpose. There shall be a Transbay C-3 Special Use District, which is wholly within the Transbay Redevelopment Project Area, comprising all of the parcels, primarily privately-owned and zoned C-3, within the Redevelopment Area but outside of the Transbay Downtown Residential District (TB-DTR), and whose boundaries are designated on Sectional Map No. ISU of the Zoning Map of the City and County of San Francisco. This district is generally bounded by Mission, Second, Clementina, and Beale Streets and whose primary features include the Transbay Terminal facility and its associated ramps, and a portion of the New Montgomery/Second Street Conservation District. A vision and guidelines for this area as an integral component of the Transbay Redevelopment Area are laid out in the Transbay Redevelopment Plan and its companion documents, including the Design for the Development and the Development Controls and Design Guidelines for the Transbay Redevelopment Project.California Public Resources Code Section 5027.1 requires that 35% of all dwelling units developed during the life of the Transbay Redevelopment Plan in the Transbay Redevelopment

Project Area shall be permanently affordable to low- and moderate-income households, as such households are defined in State law. Section 4.9.3 of the Transbay Redevelopment Plan requires that a minimum of 15% of all units constructed on a particular site shall be affordable to certain qualifying households, as set forth in such Plan.

• (b) Controls.

(1) Active Ground Floor Uses.

(A) In order to increase the public presence and natural surveillance along alleys and ramp alignments, projects on parcels adjacent to or facing the new Transbay Terminal and its ramp structures must provide active ground floor uses with visual access from within the buildings to and from these areas.

(B) Ground floor retail or commercial establishments on parcels adjacent to or facing the new Transbay Terminal and its ramp structures must provide direct pedestrian access from these areas.

(2) Streetscape Improvements. For projects subject to Section 138.1, the Planning Commission shall require pedestrian streetscape improvements, with regards to location, type and extent of improvements, in accordance with the Transbay Streetscape and Open Space Plan or any streetscape plan contained within the Transbay Redevelopment Plan. The San Francisco Redevelopment Agency may impose additional streetscape requirements.

(3) Payment of Downtown Open Space Fund. The requirements of Section 412, the Downtown Park Special Fund, shall apply. Fees collected from subject projects shall be paid to and administered by the San Francisco Redevelopment Agency for the development of open space in accordance with the Transbay Redevelopment Plan and its companion documents.

(4) Jobs-Housing Linkage Ordinance. The requirements of Section 413 shall apply, and in satisfying these requirements:

(A) The San Francisco Redevelopment Agency must approve any payment or contribution of land by the project sponsor to a housing developer; and

(B) Any in-lieu fee must be paid to the San Francisco Redevelopment Agency for deposit into its Citywide Affordable Housing Fund, to be used to meet the Agency's affordable housing obligations in the Transbay Redevelopment Project Area; provided, however, that if the Agency has met its obligations in the Transbay Project Area, the Agency may use said funds for affordable housing in any area within the Agency's jurisdiction.

(5) Child Care Requirements. The requirements of Section 414 shall apply. Any in-lieu fees collected from subject projects shall be paid to and administered by the San Francisco Redevelopment Agency in accordance with the Transbay Redevelopment Plan and its companion documents.

(6) Housing Requirements for Residential and Live/Work Development Projects. The requirements of Section 415.1 et seq. shall apply, subject to the following exceptions:

(A) The inclusionary affordable housing provided on-site shall be the higher amount determined under Section 4.9.3 of the Transbay Redevelopment Plan or Section 415.6(a) of the Planning Code, as it may be amended from time to time; and the inclusionary affordable housing constructed on the site shall be affordable to, and occupied by, “qualifying persons and families,” as defined by Section 4.9.3 of the Transbay Redevelopment Plan;

(B) All required inclusionary affordable housing units in the Transbay C-3 SUD shall be built on-site; and

(C) Payment of the Affordable Housing Fee or compliance with the Off-Site Affordable Housing Alternative shall not be permitted to satisfy the inclusionary affordable housing requirement.

(Ord. 94-06, File No. 050182, App. 5/19/2006; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013; amended by Ord. 208-17, File No. 170834, App. 11/3/2017, Eff. 12/3/2017)

AMENDMENT HISTORY

Division (b) references corrected; Ord. 62-13 , Eff. 5/10/2013. Divisions (a) and (b)(6)-(b)(6)(C) amended; Ord. 208-17, Eff. 12/3/2017.