§ 249.64.

PARKMERCED SPECIAL USE DISTRICT

a.

Purpose. In order to give effect to the Development Agreement for the Parkmerced development project as approved by the Board of Supervisors in Ordinance No. 89-11, there shall be a Parkmerced Special Use District as designated on Sectional Map SU13 of the Zoning Maps of the City and County of San Francisco. In creating this Parkmerced Special Use District, the City is doing so subject to the provisions of the State Density Bonus Statute. The developer is providing affordable units under the Inclusionary Housing Ordinance, and the City is granting the Project certain forms of public assistance, including but not limited to: the removal of maximum density controls other than those found in specific Code limitations related to height, bulk, setbacks, open space, exposure, and unit mix, as well as the Parkmerced Design Standards; a reduction of setback and rear yard requirements; and an increase the permissible height and bulk envelope for new buildings in at least half the existing project site.

b.

Development Controls. Development in the Parkmerced Special Use District shall be regulated by the controls contained in the Parkmerced Design Standards and Guidelines, as adopted by the Planning Commission and periodically amended, except for those controls specifically enumerated in this Section. Where not explicitly superseded by definitions established in the Parkmerced Design Standards and Guidelines, the definitions in this Code shall apply. All procedures and requirements in Article 3 shall apply to development in this Special Use District to the extent that they are not in conflict with this Special Use District or the Development Agreement, approved by the Board of Supervisors in Ordinance No. 89-11. The Planning Commission may amend the Parkmerced Design Standards and Guidelines upon initiation by the Planning Department or upon application by an owner of property within Parkmerced (or his or her authorized agent) to the extent that such amendments are consistent with this Special Use District, the General Plan, and the approved Development Agreement.

1.

Zoning Designation. The applicable zoning designation shall be as set forth in Zoning Map ZN13, consisting of the following zoning districts: Parkmerced Residential (PM-R), Parkmerced Mixed Use – Social Heart (PM-MU1), Parkmerced Mixed Use – Neighborhood Commons (PM-MU2), Parkmerced School (PM-S), Parkmerced Community/Fitness (PM-CF), and Parkmerced Open Space (PM-OS).

2.

Uses.

A.

Principally Permitted Uses. The following uses are principally permitted:

i.

Parkmerced Residential (PM-R). Residential dwelling units; live/work units, provided any such live/work unit is intended for small home business; community gathering spaces such as community rooms and kitchens, business centers, recreation facilities, and art facilities; and child care facilities not larger than 5,000 occupied square feet;

ii.

Parkmerced Mixed Use – Social Heart (PM-MU1). All uses permitted in PM-R; locally serving retail and services not larger than 15,000 occupied square feet per business establishment; one full service grocery store not larger than 50,000 occupied square feet; and professional, medical and business offices, provided such professional, medical or business office use shall not exceed 10,000 occupied square feet per business if located on the ground floor of any building;

iii.

Parkmerced Mixed Use – Neighborhood Commons (PM-MU2). All uses permitted in PM-R; locally serving retail and services not larger than 5,000 occupied square feet per business establishment; and professional, medical and business offices not larger than 5,000 occupied square feet per business, provided that such use does not occupy more than 2,000 occupied square feet per business establishment on the ground floor;

iv.

Parkmerced School (PM-S). Child care facilities, pre-schools and one elementary school; all uses permitted in PM-R provided at least 25,000 square feet of the above school uses have been constructed or approved within the district. Pursuant to this zoning designation, child care facilities, pre-schools and elementary school uses shall provide direct access to adjacent, dedicated public open spaces;

v.

Parkmerced Community/Fitness (PM-CF). Recreation facilities, spas, physical fitness facilities and other health and wellness related uses; community gathering spaces such as community rooms and kitchens, business centers, recreation facilities and art facilities; and retail intended to support community/fitness activities, provided such use does not exceed 1,000 occupied square feet per business establishment; and

vi.

Parkmerced Open Space (PM-OS). Publicly-accessible open space and other open space amenities as specifically established in the Parkmerced Design Standards and Guidelines, including:  neighborhood commons; parks and passive open space; plazas; recreational space including playgrounds and sports fields; farms; one restaurant not exceeding 3,500 occupied square feet on Block 23 (as designated in the Parkmerced Design Standards and Guidelines); farmer’s markets; and farm support uses and food sales accessory to on-site agriculture. Up to three retail kiosks are permitted on each of Juan Bautista Circle and the land designated as a farm on Block 23 (each as designated and described in Parkmerced Design Standards and Guidelines), provided each such kiosk does not exceed 200 square feet. Up to four retail kiosks not exceeding 500 square feet each and an aggregate total of 1,000 square feet, along with a retail bicycle shop not exceeding 3,200 square feet are permitted on Block 17 (as designated in the Parkmerced Design Standards and Guidelines and also referred to as the “Transit Plaza”).

B.

Conditionally Permitted Uses. The following uses may be approved as a Conditional Use by the Planning Commission:

i.

any use that is not principally permitted in a given district and is not prohibited by Section (b)(2)(C) below;

ii.

any use in excess of the maximum occupied square footage permitted as a principally permitted use by Section (b)(2)(A); and

iii.

in the PM-S district, any use permitted in PM-R if less than 25,000 square feet of school use has been constructed or entitled.

In approving any such Conditional Use, the Planning Commission shall not use the criteria set forth in Section 303, but rather shall approve the Conditional Use if it finds that:  (i) the proposed use will serve the public necessity, convenience and welfare; (ii) the proposed use makes a positive contribution to the neighborhood; and (iii) the proposed use is of a size and intensity that is compatible with the district in which it is located.

C.

Prohibited Uses. The following uses shall be prohibited within this Special Use District:  drive-through facilities; adult entertainment; and general advertising. Notwithstanding Sections (b)(1)(A) and (b)(1)(B) above, any non-residential use that could pose a nuisance to surrounding residential uses shall be prohibited.

3.

Density of Dwelling Units. The dwelling unit density within the Special Use District shall be governed by the controls set forth in the Parkmerced Design Standards and Guidelines and not as provided in Article 2.

4.

Building Standards.

A.

Building Height. The applicable height limits for this Special Use District shall be as set forth on Section Map HT13 of the Zoning Map of the City and County of San Francisco. Height shall be measured and regulated as provided in the Parkmerced Design Standards and Guidelines and not as provided in Article 2.5.

B.

Building Bulk. The applicable bulk limitations for this Special Use District shall be as set forth in the following Figure 1, Bulk Table:

Figure 1.  Bulk Table.



Building Height Max Floor Plate Max Plan Length Max Diagonal Max Apparent Face 1 Max Apparent Face 2 Change in Apparent Face

Up to 35′

NA

NA

NA

30′

NA

Minimum 1′ deep x 1′ wide notch; or minimum 2′ offset of building massing; or major change in fenestration pattern and/or material.

36′-45′

NA

NA

NA

120′

80′

Minimum 2′ deep x 3′ wide notch; or minimum 2′ offset of building massing; or major change in fenestration pattern and/or material

46′-85′

20,000 sf

200′

NA

80′

40′

Minimum 5′ deep x 5′ wide notch; or minimum 5′ offset of building massing.

86′-145′

12,000 sf

140′

170′

110′

40′

Minimum 10′ deep x 10′ wide notch; or minimum 10′ offset of building massing and a major change in fenestration pattern and/or material.

C.

Building Setbacks. The applicable building setback requirements for this Special Use District shall be as set forth in the following Figure 2, Building Setbacks:

Figure 2.  Building Setbacks.

5.

Off-Street Automobile Parking. There is no minimum off-street parking requirement for any use in this Special Use District. Upon completion of the Parkmerced Project, the number of off-street parking spaces within this Special Use District shall not exceed:  one parking space per residential dwelling unit; one parking space per 500 square feet of occupied grocery store use; one parking space per 1,000 square feet of occupied school, fitness or community center use; and one parking space per 750 square feet of occupied space for all other non-residential uses. Because the Project will be built in phases, any off-street parking constructed that would cause the cumulative off-street parking in the Special Use District to exceed these ratios may not be used for parking and shall be physically cordoned off to preclude parking use of such spaces (including prohibition of the commercial or public rental of such spaces on a daily, weekly, monthly or annual basis) until such time as sufficient additional development is completed to bring the overall parking ratios in conformance with the applicable ratio. At Project completion, the ratio for off-street parking constructed shall not exceed the above ratios or the following total amounts, whichever is less:  8,900 residential spaces; and 550 non-residential spaces.

6.

Usable Open Space Requirements for Dwelling Units. Usable open space meeting the standards of Section 135 of this Code shall be provided for each dwelling unit in the following ratios:  36 square feet if private or 48 square feet if common. In no event shall any space in a public right-of-way, publicly-accessible “paseo” (as defined in the Parkmerced Design Standards and Guidelines), or public open space required by the Development Agreement, including Juan Bautista Circle, the Transit Plaza, the Farm, the Sports Fields, Belvedere Gardens, the Neighborhood Commons or the Community Gardens (each as more specifically defined in the Parkmerced Design Standards and Guidelines), be counted in satisfaction of the requirements of this subsection.

7.

Streetscape and Public Realm Requirements. Each individual building project shall be part of an approved Development Phase Application, which shall include the design and construction of the appropriate adjacent and related street and public realm infrastructure, including applicable mitigation measures, consistent with the Development Agreement, Parkmerced Design Standards and Guidelines, Transportation Plan, Sustainability Plan, and other supporting documents to the Development Agreement. Implementation of such improvements shall be subject to approval and review by the Planning Department and other relevant City agencies as provided by the Development Agreement.

c.

Modifications to Building Standards. Modification of the Building Standards set forth in subsection (3) above and as outlined in the Parkmerced Design Standards and Guidelines may be approved on a project-by-project basis and according to the procedures of subsection (d).

1.

No Other Modifications or Variances Permitted. No modifications or variances are permitted for the following standards in this Special Use District:  building maximum floor plates, maximum off-street auto parking ratios, and height limits. Except as explicitly provided in subsections (2) and (3) below, no other Standard set forth in this Special Use District or in the Parkmerced Design Standards and Guidelines may be modified or varied.

2.

Major Modifications. Each modification listed below in Figure 3, Major Modifications, shall be deemed to be a Major Modification. Any Major Modification shall be approved by the Planning Commission at a public hearing according to the procedures set forth in subsection (d). Except as explicitly prohibited above and notwithstanding the limitations of this subsection (c)(2), the Planning Director may, in his or her sole discretion, refer a proposed modification, even if otherwise classified as a Minor Modification, to the Planning Commission as a Major Modification if:  (i) the proposed modification deviates from any numerical standard in this Special Use District or the Parkmerced Design Standards and Guidelines by more than 10 percent; or (ii) the Planning Director determines that the proposed modification does not meet the intent of the design standards as set forth in the Parkmerced Design Standards and Guidelines.



Figure 3:  Major Modifications
Development Blocks and Easements. A deviation of more than 10 percent from the dimensional standards set forth in Section 02.01.03 (Pedestrian Paseos), Section 02.01.05 (Pedestrian Walks) and Figure 02.01B (Pedestrian Paseos and Walks) of the Parkmerced Design Standards and Guidelines.
Lot Coverage and Usable Open Space. A deviation of more than 10 percent from the numerical standards set forth in this Special Use District and in Section 03.02.04 (Usable Open Space), Section 03.02.05 (Semi-Private Open Space), and Section 03.02.06 (Private Open Space) of the Parkmerced Design Standards and Guidelines.
Bulk and Massing. A deviation of more than 10 percent from the numerical standards set forth in Section (b)(4) of this Special Use District and Section 03.04 (Building Controls – Bulk + Massing) of the Parkmerced Design Standards and Guidelines.
Bicycle Parking and Car Sharing. Modification of any standard set forth in Section 04.01.01 (Bicycle Parking + Car Sharing) of the Parkmerced Design Standards and Guidelines.
Loading and Servicing. Modification of any standard set forth in Section 04.03.05 (Limited Impact) of the Parkmerced Design Standards and Guidelines.

3.

Minor Modifications. Each modification listed in Figure 4, Minor Modifications, shall be deemed to be a Minor Modification. A Minor Modification may be approved administratively by the Planning Director according to the procedures described in subsection (d).



Figure 4:  Minor Modifications
Development Blocks and Easements. A deviation of 10 percent or less from the dimensional standards set forth in Section 02.01.03 (Pedestrian Paseos), Section 02.01.05 (Pedestrian Walks) and Figure 02.01B (Pedestrian Paseos and Walks) of the Parkmerced Design Standards and Guidelines.
View Corridors. Modification of the planting specifications set forth in Section 02.02.01 (Neighborhood Controls – View Corridors) of the Parkmerced Design Standards and Guidelines.
Lot Coverage and Usable Open Space. A deviation of 10 percent or less from the numerical standards set forth in Sections 03.02.04 (Usable Open Space), 03.02.05 (Semi-Private Open Space), and 03.02.06 (Private Open Space) of the Parkmerced Design Standards and Guidelines.
Bulk and Massing. A deviation of 10 percent or less from the numerical standards set forth in Section (b)(4) of this Special Use District and Section 03.04 (Building Controls –  Bulk + Massing) of the Parkmerced Design Standards and Guidelines.
Setbacks. A modification of the standards set forth in Section 03.05 (Building Controls –  Setback) of the Parkmerced Design Standards and Guidelines.
Streetwall. A modification of the standards set forth in Section 03.06 (Building Controls –  Streetwall) of the Parkmerced Design Standards and Guidelines.
Residential Base. A modification of the standards set forth in Section 03.07 (Building Controls – Residential Base) of the Parkmerced Design Standards and Guidelines.
Commercial Base. A modification of the standards set forth in Section 03.08 (Building Controls – Commercial Base) of the Parkmerced Design Standards and Guidelines.
Façade. A modification of the standards set forth in Section 03.09 (Building Controls – Façade) of the Parkmerced Design Standards and Guidelines.
Building Top. A modification of the standards set forth in Section 03.10 (Building Controls – Building Top) of the Parkmerced Design Standards and Guidelines.
Lighting. A modification of the standards set forth in Section 03.13 (Building Controls – Lighting) of the Parkmerced Design Standards and Guidelines.
Car Parking and Storage. Modification of the standards set forth in Section 4.02 (Car Parking + Storage) of the Parkmerced Design Standards and Guidelines; notwithstanding the foregoing, modification of Sections 04.02.01 (Off-Street Parking), 04.02.02 (Parking Location) and 04.02.05 (Unbundled Parking) shall not be allowed.
Loading and Servicing. Modification of the standards set forth in Section 04.03 (Loading + Servicing), except Section 04.03.05 (Limited Impact) (modification of which shall be deemed a Major Modification), of the Parkmerced Design Standards and Guidelines.

d.

Project Review and Approval.

1.

Purpose. The design review process for Parkmerced is intended to ensure that new buildings within Parkmerced are designed to complement the aesthetic quality of the development, exhibit high quality architectural design and promote the purpose of this Special Use District.

2.

Applications. Applications for design review described in this Section are required for the construction, expansion or major alteration of or additions to all structures within this Special Use District. The applications for design review may be filed by the owner or authorized agent of the owner of the property for which the design review is sought. Department staff shall review the application for completeness and advise the applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this section. If Department staff does not so advise the applicant, the application will be deemed complete. The application shall include the documents and materials necessary to determine consistency with this Parkmerced Special Use District and the Parkmerced Design Standards and Guidelines, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings. The application must also discuss how the design will meet the green building standards contained in the Parkmerced Sustainability Plan. If any requests for a Major Modification or Minor Modification are sought in accordance with the allowances of this Section, the application shall contain a narrative for each modification sought that describes how the proposed project meets the full intent of the Parkmerced Design Standards and Guidelines and provides architectural treatment and public benefit that are superior to strict compliance with the standards.

3.

Staff Design Review. Each application shall be subject to an administrative design review process by the Department. Prior to consideration for project approval, and not more than 60 days after such application is complete. Department staff shall review the project to determine that it complies with this Special Use District, the Parkmerced Design Standards and Guidelines, and any applicable mitigation measures and will issue a staff report to the Planning Director or Planning Commission, as appropriate, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the applicant no less than 10 days prior to Planning Director or Planning Commission action on the application, and shall be kept on file for public review.

4.

Approvals and Public Hearings.

A.

Except for projects seeking a Major Modification, the Planning Director may approve or disapprove the project design and any Minor Modifications based on its compliance with this Special Use District and the Parkmerced Design Standards and Guidelines and the findings and recommendations of the staff report. If the project is consistent with the quantitative Standards set forth in this Special Use District and the Parkmerced Design Standards and Guidelines, the Planning Director’s discretion to approve or disapprove the project shall be limited to the project’s consistency with the qualitative elements of the Parkmerced Design Standards and Guidelines and the General Plan. Prior to making a decision, the Planning Director, in his or her sole discretion, may seek comment and guidance from the public and Planning Commission on the design of the project, including the granting of any Minor Modifications, in accordance with the procedures of subsection (B) below. If a Minor Modification is not sought, any Planning Commission review of the project shall be limited to the project’s consistency with the qualitative elements of the Parkmerced Design Standards and Guidelines. Upon approval the Planning Director shall, promptly, mail notice of the determination to the applicant and owners of real property within 300 feet of all exterior boundaries of the project area, using for this purpose the names and addresses shown on the citywide assessment roll in the Office of the Tax Collector, and any other person who has requested such notice.

B.

Public Hearing for Large Projects. Prior to decision by the Planning Director pursuant to subsection (d)(4)(A) above, each project subject to the below criteria shall be presented to the Planning Commission for its review and comment prior to decision by the Planning Director under subsection (A) above. If a public hearing is also required under subsection (g)(4)(D)(ii), the Planning Commission shall calendar both items together to take action on the Major Modification and provide comment only on the project design. The Planning Director shall consider all comments from the public and the Planning Commission in making his or her decision to approve or disapprove the project design, including the granting of any Minor Modifications. A public hearing shall be required if:

i.

The project includes the construction of a new building greater than 65 feet in height or includes a vertical addition to an existing building resulting in a total building height greater than 65 feet; or

ii.

The project involves a net addition or new construction of more than 25,000 gross square feet; or

iii.

The project has 150 linear feet or more of contiguous street frontage on any public right-of-way.

C.

Projects Seeking Major Modifications. The Planning Commission shall hold a public hearing for all projects seeking one or more Major Modifications and for any project seeking one or more Minor Modifications that the Planning Director, in his or her sole discretion, refers to the Commission as a Major Modification. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the project design, including the granting of any Major or Minor Modifications.

D.

Notice of Hearings. Notice of hearings required by subsections (B) and (C) above shall be provided as follows:  (i) by mail not less than 10 days prior to the date of the hearing to the project applicant, to property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and (ii) by posting on the subject property at least 10 days prior to the date of the hearing.

5.

Design Review Approval of Community Improvements. To ensure that any Community Improvements (as defined in the Development Agreement) meet the Parkmerced Design Standards and Guidelines, an application for design review shall be submitted and design review approval granted before any separate permits consistent with Section 2.4 of the Development Agreement are obtained for the construction of any Community Improvement within or adjacent to the Special Use District. The applications for design review shall be filed by the owner or authorized agent of the owner of any proposed project that triggers the construction of a Community Improvement pursuant to the Development Agreement Phasing Plan or any project mitigation measure. The Community Improvement design review application shall include site plans, sections, elevations, renderings, and landscape plans, the purpose of which is to illustrate the overall concept design of the proposed Community Improvement.

The Planning Department shall review the proposed Community Improvement for conformance with the Parkmerced Design Standards and Guidelines, issue a preliminary approval of the design review application if it so conforms, or propose modifications to the Design Review Application that create conformance with the Parkmerced Design Standards and Guidelines. Once the Planning Department has issued a preliminary approval, it shall then circulate the design review application to the San Francisco Municipal Transportation Agency, Department of Public Works, the San Francisco Public Utilities Commission, and any other affected City agency to the extent that construction of the Community Improvement falls within the jurisdiction or permitting authority of such agency or department. Each aforementioned agency or department shall review the proposed Community Improvement for conformance with the Parkmerced Design Standards and Guidelines and the agency or department’s generally-applied technical design guidelines in effect at that time (to the extent that they affect the overall concept design of the Community Improvement) and shall approve the design review application if it so conforms or propose modifications to the design review application to ensure its conformance. Any proposed modifications shall be consistent with the requirements of the Development Agreement, for so long as it is in effect.

If none of the reviewing agencies propose any modifications, the Planning Department shall issue a final approval of the Community Improvement design review application to the project sponsor. If any of the reviewing agencies propose modifications to a Community Improvement design review application that has received preliminary approval, their proposals shall be consolidated and forwarded to the project sponsor. The Planning Department shall not issue a final approval of a Community Improvement design review application until it has received a revised design review application that conforms with any reviewing agency or department comments, consistent with the requirements and limitations of the Development Agreement, for so long as it is in effect.

Nothing in this subsection 5 shall be construed as a limitation on the discretion retained by any City agency or department under the terms of the Development Agreement, including but not limited to as set forth in Section 2.4 of the Development Agreement.

6.

Building Permit Approval by the Planning Department. Each building permit application submitted to the Department of Building Inspection shall be forwarded to the Planning Department. Planning Department staff shall review the building permit application for consistency with the authorizations granted pursuant to this Section. No building permit may be issued for work within this Special Use District unless Planning Department staff determines such permit is consistent with the standards set forth in the Parkmerced Design Standards and Guidelines and the metrics set forth in the Parkmerced Sustainability Plan, in each case, only to the extent such standards or metrics regulate building design.

7.

Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for projects subject to this Section.

8.

Demolition of Dwelling Units. No mandatory discretionary review or Conditional Use authorization pursuant to Section 317 shall be required for the demolition of any residential dwelling unit within the Parkmerced Special Use District.

9.

Appeal and Decision on Appeal. The decision of the Planning Director to grant or deny any project, including any Minor Modification, or of the Planning Commission to grant or deny any Major Modification, may be appealed to the Board of Appeals by any person aggrieved within 15 days after the date of the decision by filing a written notice of appeal with that body. Such notice must set forth the alleged error in the interpretation of the provisions of this Code or the Parkmerced Design Standards and Guidelines or the alleged abuse of discretion on the part of the Planning Director or Planning Commission, which error or abuse is the basis for the appeal. Upon the hearing of an appeal, the Board of Appeals may, subject to the same limitations placed on the Planning Commission or Planning Director by Charter, this Code, and the Development Agreement, approve, disapprove or modify the appealed decision by a vote of four of its members. Notwithstanding anything to the contrary in the Business and Tax Regulations Code, if the determination of the Board differs from that of the Planning Director or Planning Commission, the Board of Appeals shall, in a written decision, make findings specifying the error of interpretation or abuse of discretion on the part of the Planning Director or Planning Commission, and the specific facts relied upon, that are the basis for the Board’s determination. A decision of the Planning Commission with respect to a Conditional Use may be appealed to the Board of Supervisors in the same manner as set forth in Section 308.1.

History

(Added by Ord. 90-11, File No. 110301, App. 6/9/2011, Eff. 7/9/2011)

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