SEC. 247. DOWNTOWN SUPPORT OPEN SPACE DEMONSTRATION SPECIAL USE DISTRICT.

(a) Purpose. In order to provide that a certain area within the C-3-S District be able to be developed for Hotel use with an increased basic floor area ratio of 7.5 to 1, there shall be a “Downtown Support Special Use District” (also referred to as the “C-3-S (SU) District”) as designated on Sectional Map SU01 of the Zoning Map.

(b) Requirements.

(1) Floor Area Ratio. The basic and maximum floor area ratio of the C-3-S (SU) District, after purchase of all market-rate, available TDR within the C-3-S District, shall be 7.5:1. Development at densities above the basic floor area ratio of 7.5:1 in this special use district will not be permitted. Roof eaves, cornices, or belt courses that project no more than two feet from the face of the building wall shall be excluded from the FAR calculation.

Where there are fewer square feet of TDR within the C-3-S District available than the Planning Commission determines is required for a project, the Planning Commission may, as part of a Section 309 review, authorize a project sponsor to make a monetary contribution towards the preservation of a Landmark building within the C-3 area in an amount to be determined by the Commission. For purposes of this Section 247, the C-3 area shall include any C-3 District and any P District adjacent thereto. All other provisions of this Code applicable to the C-3-S District shall apply in the C- 3-S (SU) District.

(2) Gross Floor Area Calculation. Notwithstanding the definition of Gross Floor Area in Section 102 of this Code, balconies, porches, roof decks, terraces, courts, and similar features shall be excluded from the calculation of Gross Floor Area if they are fully open to the sky, even if covered by retractable canopies and associated support structures. However, the square footage of these excluded features shall be used to calculate any development impact fees that typically would be due in relation to an increased FAR.

(3) Privately-Owned Public Open Space Requirements; Payment of In-lieu Fee. The Board of Supervisors hereby authorizes the payment of a fee of $2,600,000 in lieu of the project sponsor’s provision of the 4th and 6th floor terraces at 888 Howard Street as required on-site open space for the project constructed pursuant to this Section 247 . The amount of the in-lieu fee represents a construction cost of $290.70 per square foot of Gross Floor Area multiplied by the

8,600 square foot of open space required by Section 138 of this Code, and an additional $100,000 representing the maintenance cost that typically accompanies any POPOS that is the responsibility of the private owner.

While the Board holds that maintaining the public nature of POPOS spaces are the responsibility of the property owner, in authorizing the payment of an in-lieu fee in this case the Board finds and determines that:

• (A) the Planning Commission’s original approval of the project noted the poor quality of the open space;

• (B) alternative, suitable open space sites cannot be acquired within the neighborhood of the project;

• (C) improvements to the quality of the existing open space are neither feasible nor appropriate; and

• (D) while the City should always strive to maintain requirements associated with development approvals, in this case the alternative in-lieu payment provides greater public benefit than the original open space requirement.

(c) Authorized Use of the In-Lieu Fee. The in-lieu fee shall be dedicated to the Recreation and Parks Department and used to improve the lighting and safety features of Victoria Manolo Draves Park, including any increased funding required to staff evening hours. The improved lighting shall be provided within two years of the Recreation and Parks Department receiving payment of the funds.

(Added by Ord. 275-03, File No. 021577, App. 12/10/2003; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 90-17, File No. 140877, App. 4/14/2017, Eff. 5/14/2017)

AMENDMENT HISTORY

Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; division (b) redesignated (b)(1) and amended; divisions (b)(2), (b)(3), and (c) added; Ord. 90-17, Eff. 5/14/2017.

SEC. 248. [REPEALED.]

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 182-12 , File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 2215, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 122-23, File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; repealed by Ord. 37-25, File No. 240787, App. 4/3/2025, Eff. 5/4/2025)