Article 2 — USE DISTRICTS

For provisions relating to NC Districts, see Article 7.

For provisions relating to Chinatown and South of Market Mixed Use Districts, see Article 8.

For provisions relating to Mission Bay Districts, see Article 9.

Sec. 201. Classes of Use Districts.

Sec. 202. Uses Permitted by this Code.

Sec. 202.1. Zoning Control Tables.

Sec. 202.2. Location and Operating Conditions.

Sec. 202.3. Limitation on Change in Use or Demolition of General Grocery Use.

Sec. 202.4. Limitation on Change in Use or Demolition of Movie Theater Use.

Sec. 202.5. Reproductive Health Clinics.

Sec. 202.6. Live/Work Units.

Sec. 202.7. Demolition of Industrial Buildings in PDR Districts, Replacement Requirements.

Limitation on Conversion of Production, Distribution, and Repair Use, Institutional Sec. 202.8. Community Use, and Arts Activities Use.

Sec. 202.9. Flexible Retail Uses.

Sec. 202.10. Limitation on Intermediate Length Occupancies.

Sec. 202.12. Limitation on Change in Use or Demolition of a Laundromat Use.

Sec. 202.13. Conversion of Automotive Use to Electric Vehicle Charging Location.

Sec. 202.14. Limitation on Change in Use or Demolition of Residential Care Facility.

Sec. 202.15. Interim Housing in Hotels and Motels.

Sec. 203. Effect on Certain Public Services.

Sec. 204. Accessory Uses, General.

Sec. 204.1. Accessory Uses for Dwellings in All Districts.

Sec. 204.2. Accessory Uses for Uses Other Than Dwellings in Residential Districts.

Sec. 204.3. Accessory Uses for Uses Other Than Dwellings in C, RC, M, and PDR Districts.

Sec. 204.4. Dwelling Units Accessory to Other Uses.

Sec. 204.5. Parking and Loading as Accessory Uses.

Sec. 204.6. Fleet Charging Not Permitted as Accessory Use.

Sec. 205. Temporary Uses, General.

Sec. 205.1. Temporary Uses: Sixty-Day Limit.

Sec. 205.2. Temporary Uses: One- to Three-Year Limit.

Sec. 205.3. Temporary Uses: Twenty-Four-Hour Limit.

Sec. 205.4. Temporary Uses: Intermittent Activities.

Sec. 205.5. Temporary Uses: Interim Activities on Development Sites.

Sec. 205.6. Temporary Uses: Interim Activities in Vacant Ground-Floor Commercial Spaces.

Sec. 205.7. Temporary Uses: Outdoor Entertainment, Arts and Recreation Activities.

Sec. 206. The Affordable Housing and Educator Housing Programs.

Sec. 206.1. Purpose and Findings.

Sec. 206.2. Definitions.

Sec. 206.3. Housing Opportunities Mean Equity - San Francisco Program.

Sec. 206.4. The 100 Percent Affordable Housing Bonus Program.

Sec. 206.5. State Residential Density Bonus Program; Analyzed.

Sec. 206.6. State Density Bonus Program: Individually Requested.

Sec. 206.7. Child Care Facilities.

Sec. 206.8. Affordable Housing Bonus Program Evaluation.

Sec. 206.9. 100% Affordable Housing and Educator Housing Streamlining Program.

Sec. 207. Dwelling Unit Density Limits.

Sec. 207.1. Local Accessory Dwelling Unit Program.

Sec. 207.2. State Mandated Accessory Dwelling Unit Program.

Authorization of Dwelling Units Constructed Without a Permit in an Existing Sec. 207.3. Building Zoned for Residential Use.

Sec. 207.4. Separate Sale and Conveyance of Certain State Mandated Accessory Dwelling Units.

Sec. 207.5. Density of Dwelling Units in Mixed Use Districts.

Required Minimum Dwelling Unit Mix in RTO, RCD, NCT, DTR, Eastern

Sec. 207.6. Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use

District, and the Polk Street and Pacific Avenue Neighborhood Commercial Districts.

Sec. 207.7. Required Minimum Dwelling Unit Mix.

Division of Dwelling Units in the RTO, Polk Street NCD, Pacific Avenue NCD, and Sec. 207.8. NCT Districts.

Sec. 208. Density Limitations for Group Housing or Homeless Shelters.

Sec. 209. Description and Purpose of Residential and Residential-Commercial Districts.

Sec. 209.1. RH (Residential, House) Districts.

Sec. 209.2. RM (Residential, Mixed) Districts.

Sec. 209.3. RC (Residential-Commercial) Districts.

Sec. 209.4. RTO (Residential Transit Oriented) Districts.

Description and Purpose of Commercial, Industrial, and Production/ Sec. 210. Distribution/Repair Districts.

Sec. 210.1. C-2 Districts: Community Business.

Sec. 210.2. C-3 Districts: Downtown Commercial.

Sec. 210.3. PDR Districts.

Non-Accessory Use Size Limits for Certain Retail and Office Uses in PDR-1-B and Sec. 210.3A. PDR-2 Districts.

Sec. 210.3B. Office Uses in Landmark Buildings in the PDR-1-D and PDR-1-G Districts.

Allowance for Uses to Support the Development of New PDR Space in the PDR-1-D Sec. 210.3C. and PDR-1-G Districts.

Sec. 210.4. M Districts: Industrial.

Sec. 210.5. Commercial to Residential Adaptive Reuse Program.

Sec. 211. P (Public) Districts.

Sec. 211.1. Principal Uses Permitted, P Districts.

Sec. 211.2. Conditional Uses, P Districts.

Sec. 231. Limited Corner Commercial Uses in RH, RTO, and RM Districts.

Special Use Districts

Sec. 235. Special Use Districts.

Sec. 237. Automotive Special Use District.

Sec. 238. Nob Hill Special Use District.

Sec. 239. Washington-Broadway Special Use District.

Sec. 240. Waterfront Special Use District.

Sec. 240.1. Waterfront Special Use District No. 1.

Sec. 240.2. Waterfront Special Use District No. 2.

Sec. 240.3. Waterfront Special Use District No. 3.

Sec. 240.4. Waterfront Special Use District No. 4.

Sec. 241. Dolores Heights Special Use District.

Sec. 242. Bernal Heights Special Use District.

Sec. 243. Van Ness Special Use District.

Sec. 244. Residential Character Districts.

Sec. 244.1. Westwood Park Residential Character District.

Sec. 247. Downtown Support Open Space Demonstration Special Use District.

Sec. 249.1. Folsom and Main Residential/Commercial Special Use District.

Sec. 249.2. The Village Special Use District.

Sec. 249.3. Oceanview Large Residence Special Use District.

Sec. 249.4. Alexandria Theater Special Use District.

Sec. 249.5. North of Market Residential Special Use District.

Sec. 249.6. South of Market Hall of Justice Legal Services Special Use District.

[Sec. 249.8. Non-Profit Arts Education Special Use District.]

Sec. 249.9. Stonestown Special Use District.

Sec. 249.10. 600 Townsend Street West Special Use District.

Sec. 249.11. 530 Sansome Mixed-Use Tower and Fire Station Special Use District.

Sec. 249.12. 1500 Mission Street Special Use District.

Sec. 249.13. Geary Boulevard/Divisadero Street Special Use District.

Sec. 249.14. Third Street Special Use District.

Sec. 249.15. Mission and 9th Street Special Use District.

Sec. 249.16. Oakdale Avenue and Quint Street Affordable Housing Special Use District.

Sec. 249.17. Third Street and Armstrong Avenue Affordable Housing Special Use District.

Sec. 249.18. Northeast China Basin Special Use District.

Sec. 249.19. New Asia Senior Affordable Housing Special Use District.

Sec. 249.20. Geary-Masonic Special Use District.

Sec. 249.21. California Street and Presidio Avenue – Community Center Special Use District.

Sec. 249.23. Fourth and Freelon Streets Special Use District.

Sec. 249.24. Haight Street Senior Affordable Housing Special Use District.

Sec. 249.25. Jackson Square Special Use District.

Sec. 249.27. Alabama and 18th Streets Affordable Housing Special Use District.

Sec. 249.28. Transbay C-3 Special Use District.

Sec. 249.30. Third Street and Oakdale Avenue Affordable Housing Special Use District.

Sec. 249.31. Japantown Special Use District.

Sec. 249.32. Laguna, Haight, Buchanan and Hermann Streets Special Use District.

Sec. 249.33 Van Ness & Market Residential Special Use District.

Sec. 249.34. Trinity Plaza Special Use District.

Sec. 249.35. Fringe Financial Service Restricted Use District.

Sec. 249.35A. Fulton Street Grocery Store Special Use District.

Sec. 249.35B. Design and Development Special Use District.

Sec. 249.37. Innovative Industries Special Use District.

Sec. 249.38. SoMa Youth and Family Special Use District.

Sec. 249.39. Western SoMa Special Use District.

Sec. 249.40. Potrero Center Mixed-Use Special Use District.

Sec. 249.41. 901 Bush Street Special Use District.

Sec. 249.42. India Basin Industrial Park Special Use District.

Sec. 249.43. Third Street and Le Conte Avenue Affordable Housing Special Use District.

Sec. 249.44. Hunters View Special Use District.

Sec. 249.45. Visitacion Valley/Schlage Lock Special Use District.

Sec. 249.46. Veterans Common Special Use District.

Sec. 249.47. 1500 Page Street Affordable Housing Special Use District.

Sec. 249.49. Telegraph Hill – North Beach Residential Special Use District.

Sec. 249.50. Candlestick Point Activity Node Special Use District.

Sec. 249.51. Hunters Point Shipyard Phase 2 Special Use District.

Sec. 249.52. Treasure Island/Yerba Buena Island Special Use District.

Sec. 249.53. Presidio-Sutter Special Use District.

Sec. 249.54. Executive Park Special Use District.

Sec. 249.55. Lombard and Scott Street Affordable Group Housing Special Use District.

Sec. 249.59. Calle 24 Special Use District.

Sec. 249.60. Mission Alcoholic Beverage Special Use District.

Sec. 249.61. 17th and Rhode Island Street Grocery Store Special Use Subdistrict.

Sec. 249.62. Third Street Alcohol Restricted Use District.

Sec. 249.63. Cayuga/Alemany Special Use District.

Sec. 249.64. Parkmerced Special Use District.

Sec. 249.65. Bayshore Boulevard Home Improvement Special Use District.

Sec. 249.66. Chinatown Transit Station Special Use District.

Sec. 249.67. Art & Design Educational Special Use District.

Sec. 249.68. Cesar Chavez/Valencia Streets Medical Use Special Use District.

Sec. 249.69. Chinese Hospital Special Use District.

Sec. 249.71. Yerba Buena Center Mixed-Use Special Use District.

Sec. 249.73. Jewish Home of San Francisco Special Use District.

Sec. 249.74. Fifth and Mission Special Use District.

Sec. 249.75. Sunnydale HOPE SF Special Use District.

Sec. 249.76. Potrero HOPE SF Special Use District.

Sec. 249.77. Corona Heights Large Residence Special Use District.

Sec. 249.78. Central SoMa Special Use District.

Sec. 249.79. Pier 70 Special Use District.

Sec. 249.80. Mission Rock Special Use District.

Sec. 249.81. 1629 Market Street Special Use District.

Sec. 249.82. 430 29th Avenue Special Use District.

Sec. 249.84. India Basin Special Use District.

Sec. 249.85. 1550 Evans Avenue Special Use District.

Sec. 249.86. 3333 California Street Special Use District.

Sec. 249.87. Potrero Power Station Special Use District.

Sec. 249.88. Bayview Industrial Triangle Cannabis Restricted Use District.

Sec. 249.89. 2000 Marin Street Special Use District.

Sec. 249.90. Balboa Reservoir Special Use District.

Sec. 249.91. 2500-2530 18th Street Affordable Housing Special Use District.

Sec. 249.92. Central Neighborhoods Large Residence Special Use District.

Sec. 249.93. Group Housing Special Use District.

Sec. 249.94. Family and Senior Housing Opportunity Special Use District.

Sec. 249.95. 900 Kearny Street Special Use District.

Sec. 249.96. Wawona Street and 45th Avenue Cultural Center Special Use District.

Sec. 249.97. Priority Equity Geographies Special Use District.

Sec. 249.98. Potrero Yard Special Use District.

Sec. 249.99. 30 Van Ness Avenue Special Use District.

(See Interpretations related to this Section.)

In order to carry out the purposes and provisions of this Code, the City is hereby divided into the following classes of use districts:

RC-4 Residential-Commercial Districts, High Density (Defined in Sec. 209.3)

Named Neighborhood Commercial Districts

(Defined in Sec. 702(a)(1))

Named Neighborhood Commercial Districts

(Defined in Sec. 702(a)(1))

Broadway Neighborhood Commercial District (Defined in Sec. 714)

Castro Street Neighborhood Commercial District (Defined in Sec. 715)

Inner Clement Street Neighborhood Commercial District (Defined in Sec. 716)

Outer Clement Street Neighborhood Commercial District (Defined in Sec. 717)

Excelsior Outer Mission Neighborhood Commercial District (Defined in Sec. 720)

Upper Fillmore Street Neighborhood Commercial District (Defined in Sec. 718)

Haight Street Neighborhood Commercial District (Defined in Sec. 719)

Japantown Neighborhood Commercial District (Defined in Sec. 721)

North Beach Neighborhood Commercial District (Defined in Sec. 722)

Polk Street Neighborhood Commercial District (Defined in Sec. 723)

Sacramento Street Neighborhood Commercial District (Defined in Sec. 724)

Union Street Neighborhood Commercial District (Defined in Sec. 725)

Lakeside Village NCD (Defined in Sec. 727)

24th Street - Noe Valley Neighborhood Commercial District (Defined in Sec. 728)

West Portal Avenue Neighborhood Commercial District (Defined in Sec. 729)

Inner Sunset Neighborhood Commercial District (Defined in Sec. 730)

Pacific Avenue Neighborhood Commercial District (Defined in Sec. 726)

Noriega Street Neighborhood Commercial District (Defined in Sec. 731)

Irving Street Neighborhood Commercial District (Defined in 732)

Taraval Street Neighborhood Commercial District (Defined in Sec. 733)

Judah Street Neighborhood Commercial District (Defined in Sec. 734)

Inner Balboa Street Neighborhood Commercial District (Defined in Sec. 735)

Outer Balboa Street Neighborhood Commercial District (Defined in Sec. 736)

Bayview Neighborhood Commercial District (Defined in Sec. 737)

Cortland Avenue Neighborhood Commercial District (Defined in Sec. 738)

Geary Boulevard Neighborhood Commercial District (Defined in Sec. 739)

Mission Bernal Neighborhood Commercial District (Defined in Sec. 740)

San Bruno Avenue Neighborhood Commercial District (Defined in Sec. 741)

Cole Valley Neighborhood Commercial District (Defined in Sec. 742)

Lower Haight Street Neighborhood Commercial District (Defined in Sec. 743)

Lower Polk Street Neighborhood Commercial District (Defined in Sec. 744)

Inner Taraval Street Neighborhood Commercial District (Defined in Sec. 745)

Named Neighborhood Commercial Transit (NCT) Districts

(Defined in Sec. 702(a)(2))

Named Neighborhood Commercial Transit (NCT) Districts

(Defined in Sec. 702(a)(2))

Hayes-Gough NCT (Defined in Sec. 761)

Valencia Street NCT (Defined in Sec. 762)

24th Street - Mission NCT (Defined in Sec. 763)

Upper Market Street NCT (Defined in Sec. 764)

SoMa NCT (Defined in Sec. 753)

Mission Street NCT (Defined in Sec. 754)

Ocean Avenue NCT (Defined in Sec. 755)

Glen Park NCT (Defined in Sec. 756)

Folsom Street NCT (Defined in Sec. 757)

Regional Commercial District (Defined in Sec. 758)

Divisadero Street NCT (Defined in Sec. 759)

Fillmore Street NCT (Defined in Sec. 760)

Neighborhood Commercial Special Use Districts

(Defined in Sec. 702.2)

Neighborhood Commercial Restricted Use Districts and Subdistricts

(Defined in Sec. 249, 781 and 784)

Neighborhood Commercial Restricted Use Districts and Subdistricts

(Defined in Sec. 249, 781 and 784)

WMUO Western SoMa Mixed Use – Office (Defined in Sec. 840)

In addition to the classes of use districts in the above table, the following terms shall apply:

"R District" shall mean any RH-1(D), RH-1, RH-1(S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, RTO, RTO-M, RC-1, RC-2, RC-3 or RC-4 District;

"M District" shall mean any M-1 or M-2 District;

"PDR District" shall mean any PDR-1-B, PDR-1-D, PDR-1-G or PDR-2 District;

"RH District" shall mean any RH-1(D), RH-1, RH-1(S), RH-2, or RH-3 District;

"RM District" shall mean any RM-1, RM-2, RM-3, or RM-4 District;

"RTO District" shall mean any RTO or RTO-M District;

"C-3 District" shall mean any C-3-O, C-3-R, C-3-G, or C-3-S District. For the purposes of Section 128 and Article 11 of this Code, the term "C-3 District" shall also include the South of Market Extended Preservation District designated on Section Map SU03 of the Zoning Map;

“NCT District” shall mean any district described in Section 702(a)(2), including any NCT-1, NCT-2, NCT-3, and any Named Neighborhood Commercial Transit District; and

“Mixed Use District” shall mean all Chinatown Mixed use, Eastern Neighborhood Mixed use, and Downtown Residential Districts.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 63-91, App. 2/27/91; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 61-09, File No. 090181, App. 4/17/2009; Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 90-11, File No. 110301, App. 6/9/2011, Eff. 7/9/2011; Ord. 98-11, File No. 110229, App. 6/15/2011, Eff. 7/15/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-12, File No. 111305, App. 2/21/2012, Eff. 3/22/2012; Ord. 176-12, File No. 120472, App. 8/7/2012, Eff. 9/6/2012; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 261-13, File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 228-14, File No. 120814, App. 11/13/2014, Eff. 12/13/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 126-15, File No. 150081, App. 7/17/2015, Eff. 8/16/2015; Ord. 127-15, File No. 150082, App. 7/17/2015, Eff. 8/16/2015; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 229-15, File No. 151126, App. 12/22/2015, Eff. 1/21/2016; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019; Ord. 208-19, File No. 190594, App. 9/20/2019, Eff. 10/21/2019; Ord. 7-20, File No. 191260, App. 1/31/2020, Eff. 3/2/2020; Ord. 61-20, File No. 200039, App. 4/24/2020, Eff. 5/25/2020, Oper. 5/25/2020; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/20202020; Ord. 141-20, File No. 200422, App. 8/28/2020, Eff. 9/28/2020, Oper. 9/28/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023; Ord. 249- 23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 204-24, File No. 240409, App. 8/1/2024, Eff. 9/1/2024, Oper. 9/1/2024)

AMENDMENT HISTORY

Parkmerced Districts table added; Ord. 90-11, Eff. 7/9/2011. Treasure Island and Yerba Buena Island Districts table added; Ord. 98-11, Eff. 7/15/2011. [Former] Individual Area Districts table amended; Neighborhood Commercial SUD and Neighborhood Commercial RUD tables added; Downtown RD table amended; Ord. 140-11, Eff. 8/4/2011. [Former] Individual Area NCT Districts table amended; Ord. 35-12, Eff. 3/22/2012. Public Use Districts, Neighborhood Commercial SUD, Neighborhood Commercial RUD, and Commercial Districts tables amended; non-tabular district definitions added; Ord. 176-12, Eff. 9/6/2012. Commercial Districts table amended; Ord. 182-12, Eff. 9/7/2012. Former Individual Area Districts table redesignated as Named NCD table and amended; former Individual Area Neighborhood Commercial Transit (NCT) Districts table redesignated as Named NCT Districts table and amended; SoMa MUD and Eastern Neighborhoods MUD tables and "R District" definition amended; Ord. 42-13, Eff. 4/27/2013. Definition references added to all district table entries; Ord. 56-13, Eff. 4/27/2013. Named NCD and Neighborhood Commercial RUD and Subdistricts tables amended; "R District" definition amended; Ord. 261-13, Eff. 12/27/2013. Named NCD and Named NCT Districts tables amended; Ord. 227-14, Eff. 12/13/2014. Named NCD table amended; Ord. 228-14, Eff. 12/13/2014. Residential Districts, R-C Districts, and Commercial Districts tables amended; Ord. 22-15, Eff. 3/22/2015. Named NCD and Named NCT Districts tables amended; Ord. 126-15, Eff. 8/16/2015. Named NCD and Named NCT Districts tables amended; Ord. 127-15, Eff. 8/16/2015. Public Use Districts, Residential Districts, Neighborhood Commercial RUD and Subdistricts, Commercial Districts, Industrial Districts, and PDR Districts tables amended; Ord. 188-15, Eff. 12/4/2015. Named NCD table amended; Ord. 229-15, Eff. 1/21/2016. NCD, Named NCD, NCT Districts, and Named NCT Districts tables amended; Ord. 129-17, Eff. 7/30/2017. Mission Rock Mixed Use District table added; Ord. 31-18, Eff. 4/6/2018. NCD and Named NCD tables and “NCT District” definition amended; Ord. 202-18, Eff. 9/10/2018. South of Market Use Mixed Use Districts table deleted; designation of Eastern Neighborhoods Mixed Use districts table deleted and table amended; “Mixed Use District” definition amended; Ord. 296-18, Eff. 1/12/2019. Chinatown MUD table amended; Ord. 208-19, Eff. 10/21/2019. Named NCD table amended; Ord. 7-20, Eff. 3/2/2020. Potrero Power Station MUD table added; Ord. 61-20, Eff. 5/25/2020. Eastern Neighborhoods MUD table designated; Ord. 63-20, Eff. 5/25/2020. Potrero Power Station Mixed Used District table renamed Potrero Power Station Special Use District; Ord. 136-21, Eff. 9/4/2021. Eastern Neighborhoods Mixed Use Districts table amended; Ord. 70-23, Eff. 6/3/2023. Neighborhood Commercial RUD and Subdistricts table amended; Ord. 249-23, Eff. 1/14/2024. Stonestown Mixed Use District table added; Ord. 204-24, Eff. 9/1/2024.

rg/sites/default/files/o0136-21.pdf) table amended; Ord. 70-23, Eff. 6/3/2023. Neighborhood Commercial RUD and Subdistricts table amended; Ord. 249-23, Eff. 1/14/2024. Stonestown Mixed Use District table added; Ord. 204-24, Eff. 9/1/2024.

CODIFICATION NOTES

1. So in Ord. 61-20 .

2. So in Ord. 141-20 .

(See Interpretations related to this Section.)

(a) The use limitations of this Code shall be set forth in Articles 2, 6, 7, 8, and 9 for the use districts of the City, as established by Section 201 of this Code and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. The uses permitted under this Code shall consist of the following:

(1) Principal Uses, as defined in Section 102 of this Code;

(2) Conditional Uses, as defined in Section 102 of this Code; and

(3) Accessory Uses, as defined in Section 102 of this Code. Any Use not qualified as an Accessory Use shall be classified as a Principal Use or Conditional Use.

(b) Permitted uses shall include in each established district such uses not specifically listed in Articles 2, 7, or 8 of this Code as are from time to time determined by the Zoning Administrator to be permitted uses in accordance with Section 307(a) of this Code.

(c) No use shall be permitted in any R District, C District, PDR-1 Districts, or M-1 District which by reason of its nature or manner of operation creates conditions that are hazardous, noxious or offensive through emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste, or excessive noise.

(d) Except as specifically provided herein to the contrary, the provisions of Articles 2, 7, 8, and 9 of this Code shall apply to all uses, properties, and developments, both public and private, including those of the City and County of San Francisco.

(Amended by Ord. 262-80, App. 6/9/80; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 63-91, App. 2/27/91; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Division (a) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (a)-(a)(3) amended; Ord. 129-17, Eff. 7/30/2017.

This Code shall not limit the temporary use of any property as a public voting place, or the construction, installation or operation by any public agency or private corporation of any street, of any utility pipe, conduit or sewer, of any power, transmission, communication or transportation line, or of incidental appurtenances to any of the foregoing when located in a street, alley, utility easement or other right-of-way.

(Amended by Ord. 443-78, App. 10/6/78)

(See Interpretations related to this Section.)

This Section 204 and Sections 204.1 through 204.6, shall regulate Accessory Uses, as defined in Section 102. Any use which does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 463-87, App. 11/19/87; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 190-22, File No. 220036, App. 9/16/2022, Eff. 10/17/2022)

AMENDMENT HISTORY

Section amended; Ord. 22-15, Eff. 3/22/2015. Section amended; Ord. 129-17, Eff. 7/30/2017. Reference updated; Ord. 190-22, Eff. 10/17/2022.

(See Interpretations related to this Section.)

(a) Purpose. Sections 205 et seq. of this Code provide for streamlined consideration of time-limited, non-permanent establishment of certain temporary uses, in specific locations, and for specified durations, as provided below.

(b) Temporary Uses Authorized. The authorized temporary uses listed in Sections 205 et seq. may be authorized as provided herein, up to the time limits indicated. In the event of a conflict between the controls in Sections 205 et seq. and the controls of the applicable District, including any voter initiative, Sections 205 et seq. shall apply; provided that, pursuant to Section 703.4, Formula Retail uses are not permitted as Temporary Uses in Neighborhood Commercial Districts.

(c) Existing Temporary Uses. Wherever a use exists on the effective date of this Code or of an amendment thereto under which such use is classified as a temporary use, or wherever a use is being conducted under a temporary use authorization given prior to such a date, such use may be continued for the maximum term specified therefor, calculated from said effective date or date of authorization. No such use shall continue thereafter unless a temporary use authorization is obtained under a new application. Continuance of a temporary use beyond the date of expiration of the period authorized therefor, or failure to remove a structure for such temporary use within 10 days thereafter, shall constitute a violation of this Code.

(d) Calculation of Time. Unless otherwise specified, the time periods referenced in this Section 205 et seq. are consecutive hours or consecutive calendar days; they are not the total number of hours or days that the use is in operation. Therefore, a 24-hour authorization that begins at 6:00 a.m. expires at 6:00 a.m. the following day, even if the use was in operation only eight hours of that 24-hour period. Similarly, a 60-day authorization expires after 60 calendar days even though the use may only have been open for business three days per week during that 60-day period. Hours or days of unused authorization cannot be stored or credited.

(e) Application, Appeals, and Renewal. The Planning Director or the Planning Director’s designee shall have authority to approve or deny an application for temporary use authorization, and may act upon an application without a public hearing. The decision to authorize or deny any temporary use pursuant to Sections 205 et seq. may be appealed to the Board of Appeals within 15 days after the date of the decision by filing a written notice of appeal with that body. The Planning Director or Director’s designee may authorize additional time for a temporary use by action upon a new application, subject to all the requirements for the original application, unless otherwise indicated in Sections 205 et seq.

ons 205 et seq. may be appealed to the Board of Appeals within 15 days after the date of the decision by filing a written notice of appeal with that body. The Planning Director or Director’s designee may authorize additional time for a temporary use by action upon a new application, subject to all the requirements for the original application, unless otherwise indicated in Sections 205 et seq.

(f) No Conversion, Change, Discontinuance, or Abandonment of Use. The approval or commencement of a temporary use authorized under Sections 205 et seq. shall not be considered a conversion, discontinuance, abandonment, or change of the authorized land use(s) preceding the temporary use authorized under Sections 205 et seq. Any property for which the temporary use is authorized shall retain its preceding authorized land use(s).

(g) Multiple Temporary Uses. Authorization of an Interim Activity under Sections 205 et seq. at a given property or for a given use shall not preclude the concurrent authorization of any other temporary uses recognized in this Section.

(h) Additional Permits. Authorization of a temporary use under Sections 205 et seq. does not waive the requirement to obtain any additional authorization that may be required by the San Francisco municipal Code, including but not limited to permits required by the Health Code or Building Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 212-94, 6/2/94; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 297-10, File No. 101351, App. 12/3/2010; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; Ord. 140-20, File No. 200215, App. 8/28/2020, Eff. 9/28/2020; Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025)

AMENDMENT HISTORY

Division (b) amended; division (d) added; Ord. 140-11, Eff. 8/4/2011. Divisions (a)-(d) amended; divisions (e) and (f) added; Ord. 35-20, Eff. 4/6/2020. Divisions (a) and (d)-(f) amended; Ord. 140-20, Eff. 9/28/2020. Divisions (b) and (e) deleted; former divisions (a) and (f) amended as (b) and (e); division (c) and (d) amended; new divisions (a) and (f)-(h) added; Ord. 116-25, Eff. 8/17/2025.

This section shall be known as the Affordable Housing and Educator Housing Programs, which include the HOME-SF Program, the 100 Percent Affordable Housing Bonus Program, the Analyzed State Density Bonus Program, the Individually Requested State Density Bonus Program, and the 100% Affordable Housing and Educator Housing Streamlining Program.

(Added by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Proposition E, 11/5/2019, Eff. 12/20/2019)

(Former Sec. 206 amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 209 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Section heading and section amended; Ord. 116-17, Eff. 7/13/2017. Section heading and section amended; Proposition E, Eff. 12/20/2019.

SEC. 206.1. PURPOSE AND FINDINGS.

(a) The purpose of the Affordable Housing Bonus Programs is to facilitate the development and construction of affordable housing in San Francisco. Affordable housing is of paramount statewide concern, and the Legislature has declared that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community, especially families. The Legislature has found that local governments must encourage the development of a variety of types of housing for all income levels, including multifamily rental housing and assist in the development of adequate housing to meet the needs of low- and moderate-income households.

(b) Affordable housing is an especially para- mount concern in San Francisco. San Francisco has one of the highest housing costs in the nation, but San Francisco’s economy and culture rely on a diverse workforce at all income levels. It is the policy of the City to enable these workers to afford housing in San Francisco and ensure that they pay a reasonably proportionate share of their incomes to live in adequate housing and to not have to commute ever-increasing distances to their jobs. The Association of Bay Area Governments determined that San Francisco’s share of the Regional Housing Need for January 2015 to June 2022 was the provision of 28,870 new housing units, with 6,234 (or 21.6%) as very low, 4,639 (or 16.1%) as low, and 5,460 (or 18.9%) as moderate income units.

their incomes to live in adequate housing and to not have to commute ever-increasing distances to their jobs. The Association of Bay Area Governments determined that San Francisco’s share of the Regional Housing Need for January 2015 to June 2022 was the provision of 28,870 new housing units, with 6,234 (or 21.6%) as very low, 4,639 (or 16.1%) as low, and 5,460 (or 18.9%) as moderate income units.

(c) The Board of Supervisors, and the voters in San Francisco, have long recognized the need for the production of affordable housing. The voters, in some cases, and the Board in others, have adopted measures to address this need, such as the mandatory Inclusionary Affordable Housing Ordinance in Planning Code Section 415; the San Francisco Housing Trust Fund, adopted in 2012, which established a fund to create, support and rehabilitate affordable housing, and set aside $20 million in its first year, with increasing allocations to reach $50 million a year for affordable housing; the adoption of Proposition K in November 2014, which established as City policy that the City, by 2020, will help construct or rehabilitate at least 30,000 homes, with more than 50% of the housing affordable for middle-income households, and at least 33% as affordable for low- and moderate income households; and the multiple programs that rely on Federal, State and local funding sources as identified in the Mayor’s Office of Housing and Community Development Comprehensive Plan. These programs enable the City to work towards the voter-mandated affordable housing goals.

(d) Historically, in the United States and San Francisco, affordable housing requires high levels of public subsidy, including public investment and reliance on public dollars. Costs to subsidize an affordable housing unit vary greatly depending on a number of factors, such as household income of the residents, the type of housing, and the cost of land acquisition. Currently, MOHCD estimates that the level of subsidy for an affordable housing unit is approximately $350,000 per unit. Given this high cost per unit, San Francisco can only meet its affordable housing goals through a combination of increased public dollars dedicated to affordable housing and other tools that do not rely on public money.

(e) Development incentives are a long standing zoning tool that enables cities to encourage private development projects to provide public benefits including affordable housing. By offering increased development potential, a project sponsor can offset the expenses necessary to provide additional public benefits. In 1979, the State of California adopted the Density Bonus Law, Government Code section 65915 et seq., which requires that density bonuses and other concessions and incentives be offered to projects that provide a minimum amount of onsite affordable housing.

ng. By offering increased development potential, a project sponsor can offset the expenses necessary to provide additional public benefits. In 1979, the State of California adopted the Density Bonus Law, Government Code section 65915 et seq., which requires that density bonuses and other concessions and incentives be offered to projects that provide a minimum amount of onsite affordable housing.

(f) In recognition of the City’s affordable housing goals, including the need to produce more affordable housing without the need for public subsidies, the Planning Department contracted with David Baker Architects and Seifel Consulting to determine a menu of zoning modifications and development bonuses that could offset a private developer’s costs of providing various levels of additional on-site affordable housing. These experts analyzed various parcels in San Francisco, to determine the conditions in which a zoning accommodation would be necessary to achieve additional density. The analysis modeled various zoning districts and lot size configurations, consistent with current market conditions and the City’s stated policy goals, including to achieve a mix of unit types, including larger units that can accommodate larger households. These reports are on file in Board of Supervisors File No. 160687.

(g) Based on these reports, the Planning Department developed four programs to provide options by which developers can include additional affordable units on-site through increased density and other zoning or design modifications. These programs are the HOME-SF Program, the 100 Percent Affordable Housing Bonus Program, the Analyzed State Density Bonus Program and the Individually Requested Bonus Program. The HOME-SF Program can also be used by developers who agree to subject the units to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) (“the Rent Ordinance”).

(h) The goal of the HOME-SF Program is to increase affordable housing production, especially housing affordable to middle income households. Housing for middle income households in San Francisco is necessary to stabilize San Francisco’s households and families, ensure income and household diversity in the long term population of San Francisco, and reduce transportation impacts of middle income households working in San Francisco. Middle income households do not traditionally benefit from public subsidies. The goal of the HOME-SF Program is also to increase the number of units in San Francisco that will be subject to rent control under San Francisco’s Rent Ordinance. The City adopted its Rent Ordinance in 1979, and the Rent Ordinance has been critical in safeguarding tenants from excessive rent increases and evictions without just cause. Rent control serves as an important policy tool to stabilize communities and prevent displacement.

(i) The 100 Percent Affordable Housing Bonus Program provides additional incentives for developers of 100% affordable housing projects, thereby reducing the overall cost of such developments on a per unit basis.

(j) The Affordable Housing Bonus Program also establishes a clear local process for all projects seeking the density bonuses guaranteed through the State Density Bonus Law. The State Analyzed Program provides an expedited process for projects that comply with a pre-determined menu of incentives, concessions and waivers of development standards that the Department has determined can appropriately respond to neigh- borhood context without causing adverse impacts on public health and safety, and provide affordable units through the City’s already-established Inclusionary Housing Program. Projects requesting density or concessions, incentives and waivers outside of the City’s preferred menu may seek a density bonus consistent with State law in the Individually Requested Density Bonus Program.

(k) San Francisco’s small business community is an integral part of San Francisco’s neighborhood commercial corridors, local economy, and rich culture. San Francisco is committed to maintaining small businesses in its neighborhoods. For this reason, the HOME-SF Program acknowledges the need for general assistance and support for any business that might be impacted. Developments using the Affordable Housing Bonus Program will generally produce additional commercial spaces which may enhance existing commercial corridors. The Office of Economic and Workforce Development (OEWD), in coordination with the Office of Small Business, currently coordinate on referrals to and deployment of a range of services to small businesses including but not limited to: small business consulting, lease negotiation assistance, small business loans, ADA Certified Access Specialists (CASp) inspection services, legacy business registry, façade improvement assistance, commercial corridor management, grants and assessments, relocation and broker services for production, distribution and repair (PDR) businesses, business permit assistance, and coordination with city agencies.

(Added by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Ord. 91-23, File No. 221021, App. 5/26/2023, Eff. 6/26/2023)

(Former Sec. 206.1 added by Ord. 443-78, App. 10/6/78; redesignated as Sec. 209.1 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a) and (c) amended; divisions (d), (e), and (h)-(l) added; former divisions (d) and (e) redesignated (f) and (g) and amended; Ord. 116-17, Eff. 7/13/2017. Divisions (c), (d), (e), (g), and (h) amended; division (l) deleted; Ord. 91-23, Eff. 6/26/2023.

SEC. 206.2. DEFINITIONS.

The definitions of Section 102 and the definitions in Section 401 for “Area Median Income” or “AMI,” “First Construction Document,” “Housing Project,” “Life of the Project,” “MOHCD,” “On-site Unit,” “Off-site Unit,” “Principal Project,” and “Procedures Manual” shall generally apply to Section 206. The following definitions shall also apply, and shall prevail if there is a conflict with other sections of the Planning Code.

“100 Percent Affordable Housing Project” shall be a project where all of the dwelling units with the exception of the manager’s unit are “Affordable Units” as that term is defined in Section 406(b).

“Affordable to a Household of Lower, Very Low, or Moderate Income” shall mean, at a minimum (1) a maximum purchase price that is affordable to a Household of Lower, Very Low, or Moderate Income, adjusted for the household size, assuming an annual payment for all housing costs of 33 percent of the combined household annual gross income, a down payment recommended by the Mayor’s Office of Housing and Community Development and set forth in the Procedures Manual, and available financing; and (2) an affordable rent as defined in

Section 50053 of the Health and Safety Code sufficient to ensure continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

“Base Density” is lot area divided by the maximum lot area per unit permitted under existing density regulations (e.g. 1 unit per 200, 400, 600, 800, or 1000 square feet of lot area). Calculations that result in a decimal point of 0.5 and above are rounded to the next whole number.

“Density Bonus” means a density increase over the Maximum Allowable Gross Residential Density granted pursuant to Government Code Section 65915 and Section 206 et seq.

“Density Bonus Units” means those market rate dwelling units granted pursuant to the provisions of Sections 206.3, 206.5 and 206.6 that exceed the otherwise Maximum Allowable Gross Residential Density for the development site.

“Development Standard” shall mean a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open space requirement, or an accessory parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution or regulation.

“HOME-SF Unit” shall mean on-site income restricted residential units provided within a HOME-SF project that meets the requirements set forth in Planning Code Section 206.3.

“Inclusionary Units” shall mean on-site income-restricted residential units provided within a development that meet the requirements of the Inclusionary Affordable Housing Program, Planning Code Section 415 et seq.

“Lower, Very Low, or Moderate Income” means annual income of a household that does not exceed the maximum income limits for the income category, as adjusted for household size, applicable to San Francisco, as published and periodically updated by the State Department of Housing and Community Development pursuant to Sections 50079.5, 50105 or 50093 of the California Health and Safety Code. Very Low Income is currently defined in California Health and Safety Code Section 50105 as 50% of area median income. Lower Income is currently defined in California Health and Safety Code Section 50079.5 as 80% of area median income. Moderate Income is currently defined in California Health and Safety Code Section 50093 as 120% of area median income. If the State law definitions of these terms change, the definitions under Section 206 shall mirror the State law changes.

“Maximum Allowable Gross Residential Density” means the maximum number of dwelling units per square foot of lot area in zoning districts that have such a measurement, or, in zoning districts without such a density measurement, the maximum number of dwelling units that could be developed on a property while also meeting all other applicable Planning Code requirements and design guidelines.

“Qualifying Resident” means senior citizens or other persons eligible to reside in a Senior Citizen Housing Development.

“Regulatory Agreement” means a recorded and legally binding agreement between an applicant and the City to ensure that the requirements of this Chapter are satisfied. The Regulatory Agreement, among other things, shall establish: the number of Restricted Affordable Units, their size, location, terms and conditions of affordability, and production schedule.

“Restricted Affordable Unit” means a Dwelling Unit within a Housing Project which will be Affordable to Very Low, Lower or Moderate Income Households, as defined in this Section 206.2 for a minimum of 55 years. Restricted Affordable Units shall meet all of the requirements of Government Code 65915, except that Restricted Affordable Units that are ownership units shall not be restricted using an equity sharing agreement.

“Senior Citizen Housing Development” has the meaning in California Civil Code Section 51.3.

(Added by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

(Former Sec. 206.2 added by Ord. 443-78, App. 10/6/78; redesignated as Sec. 209.2 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Non-substantive amendments; Ord. 202-18, Eff. 9/10/2018.

SEC. 206.3. HOUSING OPPORTUNITIES MEAN EQUITY - SAN FRANCISCO PROGRAM.

(a) Purpose. This Section 206.3 sets forth the HOME-SF Program. The HOME-SF Program or “HOME-SF” provides benefits to project sponsors of housing projects that either (1) set aside residential units onsite at below market rate rent or sales price in an amount higher than the amount required by the Inclusionary Housing Ordinance, or (2) agree to subject all units in the project, except for units required by the Inclusionary Housing Ordinance, to the San Francisco Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code). The purpose of HOME-SF is to expand the number of below market rate units produced in San Francisco and provide housing opportunities to a wider range of incomes than traditional affordable housing programs, such as the City’s Inclusionary Affordable Housing Program, Planning Code Sections 415 et seq., which typically provide housing only for very low, low or moderate income households, and to expand the number of units in San Francisco that are subject to rent control. For projects that elect to provide additional on-site below market rate units, HOME-SF also provides an alternative method of complying with the on-site inclusionary option set forth in Section 415.6. HOME-SF allows market-rate projects to match the

City’s Proposition K (November 2014) housing goals that 50% of new housing constructed or rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and that at least 33% be affordable for low and moderate income households, and the Housing Element of the General Plan’s finding that rent control has been critical to protecting lowand moderate-income residents from being at risk of eviction and displacement.. [1]

(b) Applicability. A HOME-SF Project under this Section 206.3 shall be a project that:

(1) contains three or more residential units, as defined in Section 102, not including any Group Housing as defined in Section 102, efficiency dwelling units with reduced square footage defined in Section 318, and Density Bonus Units permitted through this Section 206.3, or any other density bonus;

(2) is located in any zoning district that: (A) is not designated as an RH-1 or RH-2 Zoning District; and (B) establishes a maximum dwelling unit density through a ratio of number of units to lot area, including RH-3, RM, RC, C-2, Neighborhood Commercial, Named Neighborhood Commercial, and SoMa Mixed Use Districts; but only if the SoMa Mixed Use District has a density measured by a maximum number of dwelling units per square foot of lot area; (C) is not in the North of Market Residential Special Use District, Planning Code Section 249.5, until the Affordable Housing Incentive Study is completed at which time the Board will review whether the North of Market Residential Special Use District should continue to be excluded from this Program. The Study will explore opportunities to support and encourage the provision of housing at the low, moderate, and middle income range in neighborhoods where density controls have been eliminated. The goal of this analysis is to incentivize increased affordable housing production levels at deeper and wider ranges of AMI and larger unit sizes in these areas through 100% affordable housing development as well as below market rate units within market rate developments; (D) is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway; (E) is not located on property under the jurisdiction of the Port of San Francisco; and (F) is not located in a designated historic district under Article 10 of this Code;

(3) is not seeking and receiving a density or development bonus under the provisions of California Government Code Sections 65915 et seq., Planning Code Section 207, Section 124(f), Section 202.2(f), Section 304, or any other State or local program that provides development bonuses;

(4) includes at least 135% of the Base Density as calculated under Planning Code Section 206.5;

(5) consists of new construction, and excluding any project that includes an addition to an existing structure;

(6) complies with the on-site Inclusionary Affordable Housing option set forth in Planning Code Section 415.6. If the project elects to provide HOME-SF Units as set forth in subsection (c)(1)(A), the project shall comply with the on-site Inclusionary Affordable Housing option set forth in Planning Code Section 415.6, provided however, that the percentage of affordable units and the required affordable sales price or affordable rents set forth in Section 415.6(a) shall be as provided in Section 206.3(c)(1)(A), or Section 206.3(f), as applicable;

(7) if any retail use is demolished or removed, does not include a Formula Retail use, as defined in Planning Code Section 303.1, unless the retail use demolished or removed was also a Formula Retail Use, or was one of the following uses: Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage, Motel, Automobile Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102;

was also a Formula Retail Use, or was one of the following uses: Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage, Motel, Automobile Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102;

(8) if located north of the centerline of Post Street and east of the centerline of Van Ness Avenue, all otherwise eligible HOME-SF Projects shall only be permitted on:

(A) lots containing no existing buildings; or

(B) lots equal to or greater than 12,500 square feet where existing buildings are developed to less than 20% of the lot’s principally permitted buildable gross floor area as determined by height limits, rear yard requirements, and required setbacks; and

(9) if the City enacts an ordinance directing the Planning Department to study the creation of a possible area plan wholly or partially located in Supervisorial District 9, HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the ordinance until such time as the City enacts the area plan.

(c) HOME-SF Project Eligibility Requirements. To receive the development bonuses granted under this Section 206.3, a HOME-SF Project must meet all of the following requirements:

(1) Agree to either:

(A) Except as limited in application by subsection (f), provide 30% of units in the HOME-SF Project as HOME-SF Units, as defined herein. The HOME-SF Units shall be restricted for the Life of the Project and shall comply with all of the requirements of the Procedures Manual authorized in Section 415 except as otherwise provided herein. Twelve percent of HOMESF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 9% shall have an average affordable purchase price set at 105% of Area Median Income; and 9% shall have an average affordable purchase price set at 130% of Area Median Income. Twelve percent of HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 9% shall have an average affordable rent set at 80% of Area Median Income; and 9% shall have an average affordable rent set at 110% of Area Median Income. All HOME-SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, and MOHCD shall

reduce the Area Median Income levels set forth herein in order to maintain such pricing. As provided in subsection (e), the Planning Department and MOHCD shall amend the Procedures Manual to provide policies and procedures for the implementation, including monitoring and enforcement, of the HOME-SF Units; or,

(B) Subject all new Dwelling Units, except for any Affordable Units as defined in Planning Code Section 401, to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) as may be amended from time to time. The option in this subsection (c)(1)(B) shall also be available for projects not subject to the Inclusionary Affordable Housing Ordinance, Planning Code Sections 415.1 through 415.11.

(2) All HOME-SF units shall be no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017, and no smaller than 300 square feet for studios. In addition, notwithstanding any other provision of this Code, HOME-SF projects shall provide a minimum dwelling unit mix of (A) at least 40% two and three bedroom units, including at least 10% three bedroom units, or (B) any unit mix which includes some three bedroom or larger units such that 50% of all bedrooms within the HOME-SF Project are provided in units with more than one bedroom. Larger units should be distributed on all floors, and prioritized in spaces adjacent to open spaces or play yards. Units with two or three bedrooms are encouraged to incorporate family friendly amenities. Family friendly amenities shall include, but are not limited to, bathtubs, dedicated cargo bicycle parking, dedicated stroller storage, open space and yards designed for use by children. HOME-SF Projects are not eligible to modify this requirement under Planning Code Section 328 or any other provision of this Code;

(3) Does not demolish, remove, or convert more than one residential unit; and

(4) Includes at the ground floor level active uses, as defined in Section 145.1, at the same square footages as any neighborhood commercial uses demolished or removed, unless the Planning Commission has granted an exception under Section 328.

(d) Development Bonuses. Any HOME-SF Project shall, at the project sponsor’s request, receive any or all of the following:

(1) Form based density. Except as limited in application by subsection (f): Notwithstanding any zoning designation to the contrary, density of a HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsection (d)(2), Bulk, Setbacks, Required Open Space, Exposure and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.

ot limited to, height, including any additional height allowed by subsection (d)(2), Bulk, Setbacks, Required Open Space, Exposure and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.

(2) Height. Except as limited in application by subsection (f): Up to 20 additional feet above the height authorized for the HOME-SF Project under the Height Map of the Zoning Map. This additional height may only be used to provide up to two additional 10-foot stories to the project, or one additional story of no more than 10 feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the roof level of the highest story provided under this subsection (d)(2).

(3) Ground Floor Ceiling Height. Except as limited in application by subsection (f): In addition to the permitted height allowed under subsection (d)(2), HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit, in addition to the additional 20 feet granted in subsection (d)(2). However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.

(4) Zoning Modifications. HOME-SF Projects may receive the following zoning modifications:

(A) Rear yard: The required rear yard per Section 134 or any applicable special use district may be reduced to no less than 20% of the lot depth, or 15 feet, whichever is greater. Corner properties may provide 20% of the lot area at the interior corner of the property to meet the minimum rear yard requirement, provided that each horizontal dimension of the open area is a minimum of 15 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties.

(B) Dwelling Unit Exposure: The dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an unobstructed open area that is no less than 25 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.

(C) Off-Street Loading: Off-street loading spaces per Section 152 shall not be required.

(D) Open Space: Up to a 10% reduction in common open space if provided under Section 135 or any applicable special use district.

(E) Private Open Space: A reduction in private open space required under Section 135. However, in no case shall such private open space be less than 36 square feet or measure less than six feet in each direction.

(F) Inner Courts as Open Space: For an inner court to qualify as usable common open space, Section 135(g)(2) requires it to be at least 20 feet in every horizontal dimension, and for the height of the walls and projections above the court on at least three sides (or 75% of the perimeter, whichever is greater) to be no higher than one foot for each foot that such point is

horizontally distant from the opposite side of the clear space in the court. HOME-SF Projects may instead provide an inner court that is at least 25 feet in every horizontal dimension, with no restriction on the heights of adjacent walls. All area within such an inner court shall qualify as common open space under Section 135.

(5) Priority Processing and Planning Commission approval. HOME-SF Projects shall be reviewed in coordination with relevant priority processing and shall be approved, denied, or approved subject to conditions by the Planning Commission under Section 328, within 180 days of submittal of a complete project application, unless the Environmental Review Officer determines that an environmental impact report is required for the project under Administrative Code section 31.09.

(e) Implementation.

(1) Application. An application to participate in the HOME-SF Program shall be submitted with the first application for approval of a Housing Project and processed concurrently with all other applications required for the Housing Project. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

(A) A full plan set, including a site plan, elevations, sections, and floor plans, showing total number of units, number of and location of HOME-SF Units, if any; and a draft Regulatory Agreement;

(B) The requested development bonuses and/or zoning modifications from those listed in subsection (d).

(C) A list of all on-site family friendly amenities. Family friendly amenities shall include, but are not limited to, dedicated cargo bicycle parking, dedicated stroller storage, open space and yards designed for use by children.

(D) Documentation that the applicant has provided written notification to all existing commercial or residential tenants that the applicant intends to develop the property pursuant to this section 206.3 and has provided any existing commercial tenants with a copy of the Office of Economic and Workforce Development’s Guide to Small Business Retention and Relocation Support. Any affected commercial tenants shall be given priority processing similar to the Department’s Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015, under Resolution Number 19323, to support relocation of such business in concert with access to relevant local business support programs.

s Guide to Small Business Retention and Relocation Support. Any affected commercial tenants shall be given priority processing similar to the Department’s Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015, under Resolution Number 19323, to support relocation of such business in concert with access to relevant local business support programs.

(2) Procedures Manual. The Planning Department and MOHCD shall amend the Procedures Manual, authorized in Section 415, to include policies and procedures for the implementation, including monitoring and enforcement, of HOME-SF Units. As an amendment to the Procedures Manual, such policies and procedures are subject to review and approval by the Planning Commission under Section 415. Amendments to the Procedures Manual shall include a requirement that project sponsors in specified areas complete a market survey of the area before marketing HOME-SF Units.

(3) Notice and Hearing. HOME-SF Projects shall comply with Section 306 for review and approval.

(4) Controls. HOME-SF Projects shall be governed by the procedures and timelines in Section 328. A HOME-SF Project shall be exempt from any other discretionary approval process by the Planning Commission, including but not limited to a conditional use authorization, unless that conditional use authorization requirement or other discretionary approval process was adopted by the voters of San Francisco. If a HOME-SF Project would otherwise require a conditional use authorization due to the type of use or use size, or to provide parking in excess of what is principally permitted, then the Planning Commission shall make any findings or comply with any criteria required by such conditional use in its HOME-SF authorization under Section 328.

(5) Regulatory Agreements. Recipients of development bonuses under this Section 206.3 shall enter into a Regulatory Agreement with the City, as follows.

(A) The terms of the agreement shall be acceptable in form and content to the Planning Director, the Director of MOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements.

(B) Following execution of the agreement by all parties, the completed Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions filed and recorded on the Housing Project. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable to the Housing Project on a publicly-accessible website.

(C) The approval and recordation of the Regulatory Agreement shall take place prior to the issuance of the First Construction Document. The Regulatory Agreement shall be binding to all future owners and successors in interest.

(D) The Regulatory Agreement shall be consistent with the guidelines of the City’s Inclusionary Housing Program and shall include at a minimum the following:

(i) The total number of dwelling units approved for the Housing Project, including the number of HOME-SF Units, if any, or other restricted units;

(ii) A description of the household income group to be accommodated by the HOME-SF Units, if any, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price. If required by the Procedures Manual, the project sponsor must commit to completing a market survey of the area before marketing HOME-SF Units;

(iii) The location, dwelling unit sizes (in square feet), and number of bedrooms of the HOME-SF Units, if any;

(iv) Term of use restrictions for the life of the project;

(v) A schedule for completion and occupancy of HOME-SF Units, if any;

(vi) A description of any Concession, Incentive, waiver, or modification being provided by the City;

(vii) A description of remedies for breach of the agreement (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement);

(viii) Other provisions to ensure implementation and compliance with this Section;

(ix) For projects that elect to proceed under Section 206.3(c)(1)(B), a statement that the units included in such project, except for any Affordable Units as defined in Planning Code Section 401, are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq. ) because under Section 1954.52(b), the property owner has entered into and agreed to the terms of the agreement with the City in consideration for additional density and modifications to the Planning Code, or other direct financial contribution or forms of assistance specified in California Government Code Sections 65915 et seq ; [1 ] and

(x) For projects that elect to proceed under Section 206.3(c)(1)(B), an agreement that any lease, sublease, or other agreement regarding tenancy of units not subject to the CostaHawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq. ) shall shall [1 ] include the following text: “This unit is a rental unit subject to the San Francisco Residenital [1 ] Rent Stabilization and Arbitration Ordinance.”

elect to proceed under Section 206.3(c)(1)(B), an agreement that any lease, sublease, or other agreement regarding tenancy of units not subject to the CostaHawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq. ) shall shall [1 ] include the following text: “This unit is a rental unit subject to the San Francisco Residenital [1 ] Rent Stabilization and Arbitration Ordinance.”

(f) Temporary provisions. To facilitate the construction of HOME-SF projects that elect to include HOME SF Units under subsection (c)(1)(A), and based on information from the inclusionary housing study prepared for the Divisadero and Fillmore Neighborhood Commercial Transit District, in Board of Supervisors File No. 151258, and the Office of the Controller’s Inclusionary Housing Working Group final report (February 2016), the HOME-SF program shall include development incentives as specified in this subsection (f) based on the amount and level of affordability provided in this subsection (f). For any development project that has submitted a complete Development Application prior to January 1, 2020, subsections (c)(1)(A) and (d)(1), (d)(2), and (d)(3) shall not apply, and the provisions in this subsection (f) shall apply. For any development project that submits a complete Development Application on or after January 1, 2020, this subsection (f) shall apply until such time as it may be amended based on the Triennial Economic Feasibility Analysis established in Section 415.10. This subsection (f) shall not apply to HOME-SF projects that elect to proceed under subsection (c)(1)(B).

(1) HOME-SF Project Eligibility Requirements. To receive the development bonuses granted under this Section 206.3, a HOME-SF Project must provide a percentage of units, in the amounts set forth in section 206.3(f)(2)(A), (B), or (C), as HOME-SF Units, as defined in Section 206.2. The HOME-SF Units shall be restricted for the Life of the Project and shall comply with all of the requirements of the Procedures Manual authorized in Section 415 except as otherwise provided in this Section 206.3. All HOME-SF Units must be marketed at a price that is at least 20% less than the current market rate for that unit size and neighborhood, and MOHCD shall reduce the Area Median Income levels set forth in this Section 206.3 in order to maintain such pricing. As provided for in subsection (e), the Planning Department and MOHCD shall amend the Procedures Manual to provide policies and procedures for the implementation, including monitoring and enforcement, of the HOME-SF Units;

(2) Development Bonuses. Any HOME-SF Project shall at the project sponsor’s request receive the following:

(A) Tier One: A Tier One HOME-SF Project that consists of fewer than 25 units and are Owned Units shall provide 20% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable purchase price set at 80% of Area Median Income; 5% shall have an average affordable purchase price set at 105% of Area Median Income; and 5% shall have an average affordable purchase price set at 130% of Area Median Income. A Tier One HOME-SF Project that consists of fewer than 25 units and are rental units shall provide 20% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable rent set at 55% of Area Median Income; 5% shall have an average affordable rent set at 80% of Area Median Income; and 5% shall have an average affordable rent set at 110% of Area Median Income. A Tier One HOME-SF Project that consists of 25 or more units and are Owned Units shall provide 23% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable purchase price set at 80% of Area Median Income; 8% shall have an average affordable purchase price set at 105% of Area Median Income; and 5% shall have an average affordable purchase price set at 130% of Area Median Income. A Tier One HOME-SF Project that consists of 25 or more units and are Rental Units shall provide 23% of units in the HOME-SF Project as HOME-SF Units at the following levels: ten percent shall have an average affordable rent set at 55% of Area Median Income; 8% shall have an average affordable rent set at 80% of Area Median Income; and 5% shall have an average affordable rent set at 110% of Area Median Income.

(i) Form based density. Notwithstanding any zoning designation to the contrary, density of a Tier One HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, Bulk, Setbacks, Required Open Space, Exposure, and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.

(ii) Ground Floor Ceiling Height. Tier One HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for

nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.

(B) Tier Two: A Tier Two HOME-SF Project shall provide 25% of units in the HOME-SF Project as HOME-SF Units. Ten percent of Tier Two HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 8% shall have an average affordable purchase price set at 105% of Area Median Income; and 7% shall have an average affordable purchase price set at 130% of Area Median Income. Ten percent of HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 8% shall have an average affordable rent set at 80% of Area Median Income; and 7% shall have an average affordable rent set at 110% of Area Median Income.

(i) Form based density. Notwithstanding any zoning designation to the contrary, density of a Tier Two HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsections (f)(2)(B)(ii) and (iii), Bulk, Setbacks, Required Open Space, Exposure, and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.

(ii) Height. Up to 10 additional feet above the height authorized for the Tier Two HOME-SF Project under the Height Map of the Zoning Map. This additional height may only be used to provide up to one additional story of no more than 10 feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the roof level of the highest story provided under this subsection (f)(2)(B)(ii).

(iii) Ground Floor Ceiling Height. In addition to the permitted height allowed under subsection (f)(2)(B)(ii), Tier Two HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.

. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.

(C) Tier Three: A Tier Three HOME-SF Project shall provide 30% of units in the HOME-SF Project as HOME-SF Units. Ten percent of Tier Three HOME-SF Units that are Owned Units shall have an average affordable purchase price set at 80% of Area Median Income; 10% shall have an average affordable purchase price set at 105% of Area Median Income; and 10% shall have an average affordable purchase price set at 130% of Area Median Income. Ten percent of Tier Three HOME-SF Units that are rental units shall have an average affordable rent set at 55% of Area Median Income; 10% shall have an average affordable rent set at 80% of Area Median Income; and 10% shall have an average affordable rent set at 110% of Area Median Income.

(i) Form based density. Notwithstanding any zoning designation to the contrary, density of a Tier Three HOME-SF Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsections (f)(2)(C)(ii) and (iii), Bulk, Setbacks, Required Open Space, Exposure, and unit mix as well as applicable design guidelines, elements, and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 328, as determined by the Planning Department.

(ii) Height. Up to 20 additional feet above the height authorized for the Tier Three HOME-SF Project under the Height Map of the Zoning Map. This additional height may only be used to provide up to two additional 10-foot stories to the project, or one additional story of no more than 10 feet in height. Building features exempted from height controls under Planning Code Section 260(b) shall be measured from the roof level of the highest story provided under this section.

(iii) Ground Floor Ceiling Height. In addition to the permitted height allowed under subsection (f)(2)(C)(ii), Tier Three HOME-SF Projects with active uses on the ground floor as defined in Section 145.1(b)(2) shall receive up to a maximum of five additional feet in height above the height limit. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.

. However, the additional five feet may only be applied at the ground floor to provide a 14-foot (floor to ceiling) ceiling height for nonresidential uses, and to allow walk-up dwelling units to be consistent with the Ground Floor Residential Design Guidelines. This additional five feet shall not be granted to projects that already receive such a height increase under Planning Code Section 263.20.

(Added by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; amended by Ord. 198-18, File No. 180456, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 15-19, File No. 181046, App. 2/8/2019, Eff. 3/11/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 91-23, File No. 221021, App. 5/26/2023, Eff. 6/26/2023; Ord. 92-23, File No. 221105, App. 5/26/2023, Eff. 6/26/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

(Former Sec. 206.3 added by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; redesignated as Sec. 206.4 and amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017)

(Former Sec. 206.3 added by Ord. 443-78, App. 10/6/78; amended by Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; redesignated as Sec. 209.3 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a), (b)(2), (b)(3) amended; former division (b)(5) deleted; former divisions (b)(6)-(10) redesignated as (b)(5)-(9); divisions (b)(8)(B), (c), (c)(1), (c)(3)-(5), (d)(1)-(4), (d)(4)(F)-(G), (e)(1)(A), (e)(1)(D), (e)(4), and (e)(5)(D)(iv) amended; divisions (d)(5) and (f)-(f)(2)(C)(iii) added; Ord. 198-18, Eff. 9/10/2018. Divisions (c), (c)(3), and (c)(5) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (e)(4), (e)(5)(D)(iv), and (f) amended; Ord. 15-19, Eff. 3/11/2019. Divisions (a) and (f) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b)(6), (c)(3), (e)(1)(A), (e)(5)(D)(i)-(iii), (e)(5)(D)(v)-(viii), and (f) amended; division (c)(1) amended as (c)(1)-(c)(1)(A); divisions (d)(4)(D) and (d)(4)(F) deleted; divisions (d)(4)(E) and (G)

9, Eff. 3/11/2019. Divisions (a) and (f)](https://sfbos.org/sites/default/files/o0015-19.pdf) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b)(6), (c)(3), (e)(1)(A), (e)(5)(D)(i)-(iii), (e)(5)(D)(v)-(viii), and (f) amended; division (c)(1) amended as (c)(1)-(c)(1)(A); divisions (d)(4)(D) and (d)(4)(F) deleted; divisions (d)(4)(E) and (G)

amended as (d)(4)(D) and (F); new divisions (c)(1)(B), (d)(4)(E), (e)(5)(D)(ix)-(x) added; Ord. 91-23, Eff. 6/26/2023. Divisions (b)(2), (3), and (7) amended; Ord. 92-23, Eff. 6/26/2023. Division (c)(1)(A) amended; divisions (c)(2)-(c)(2)(C) deleted; divisions (c)(3)-(5) redesignated as (c)(2)- (4); current division (c)(3) amended; Ord. 248-23, Eff. 1/14/2024. Division (e)(5)(B) amended; Ord. 170-25, Eff. 10/6/2025.

CODIFICATION NOTE

1. So in Ord. 91-23.

SEC. 206.4. THE 100 PERCENT AFFORDABLE HOUSING BONUS PROGRAM.

(a) Purpose and Findings. This Section 206.4 describes the 100 Percent Affordable Housing Bonus Program, or “100 Percent Affordable Housing Program”. In addition to the purposes described in Section 206.1, the purpose of the 100 Percent Affordable Housing Program is to facilitate the construction and development of projects in which all of the residential units are affordable to Low and Very-Low Income Households. Projects pursuing a development bonus under this 100 Percent Affordable Program would exceed the City’s shared Proposition K housing goals that 50% of new housing constructed or rehabilitated in the City by 2020 be within the reach of working middle class San Franciscans, and at least 33% affordable for low and moderate income households.

(b) Applicability. A 100 Percent Affordable Housing Bonus Project under this Section 206.4 shall be a Housing Project that:

(1) contains three or more Residential Units, as defined in Section 102, not including any additional units permitted though this Section 206.4 through a density bonus;

(2) is located in any zoning district that:

(A) is not designated as an RH-1, RH-1(D), or RH-2 Zoning District; and

(B) allows Residential Uses;

(3) is not seeking and receiving a density or development bonus under the provisions of California Government Code Sections 65915 et seq., Planning Code Sections 207, 124(f), 304, or any other state or local program that provides development bonuses;

(4) meets the definition of a “100 Percent Affordable Housing Project” in Section 206.2;

(5) demonstrates to the satisfaction of the Environmental Review Officer that the Project does not:

(A) cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5,

(B) create new shadow in a manner that substantially affects outdoor recreation facilities or other public areas; and

(C) alter wind in a manner that substantially affects public areas;

(6) does not demolish, remove, or convert any residential units and does not include any other parcel that has any residential units that would be demolished, removed, or converted as part of the project;

(7) includes, at the ground floor, neighborhood serving uses, including but not limited to general and specialty grocery, health service, institutional, and public facilities, all as defined in Section 102; and,

(8) is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway.

(c) Development Bonuses. A 100 Percent Affordable Housing Bonus Project shall, at the project sponsor’s request, receive any or all of the following:

(1) Priority Processing. 100 Percent Affordable Housing Bonus Projects shall receive Priority Processing.

(2) Form Based Density. Notwithstanding any zoning designation to the contrary, density of the 100 Percent Affordable Housing Bonus Project shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, including any additional height allowed by subsection (c) herein, Bulk, Setbacks, Open Space, Exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 315.1, as determined by the Planning Department.

(3) Height. 100 Percent Affordable Housing Bonus Projects shall be allowed up to 30 additional feet, not including allowed exceptions per Section 260(b), above the property’s height district limit in order to provide three additional stories of residential use. This additional height may only be used to provide up to three additional 10-foot stories to the project, or one additional story of not more than 10 feet in height

(4) Ground Floor Ceiling Height. In addition to the permitted height allowed under subsection (c)(3), 100 Percent Affordable Housing Bonus Projects with active ground floors as defined in Section 145.1(b)(2) shall receive one additional foot of height, up to a maximum of an additional five feet at the ground floor, exclusively to provide a minimum 14-foot (floor to ceiling) ground floor ceiling height.

(5) Zoning Modifications. 100 Percent Affordable Housing Bonus Projects may select any or all of the following zoning modifications:

(A) Rear Yard: the required rear yard per Section 134 or any applicable special use district may be reduced to no less than 20% of the lot depth or 15 feet, whichever is greater. Corner properties may provide 20% of the lot area at the interior corner of the property to meet the minimum rear yard requirement, provided that each horizontal dimension of the open area is a minimum of 15 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties.

h or 15 feet, whichever is greater. Corner properties may provide 20% of the lot area at the interior corner of the property to meet the minimum rear yard requirement, provided that each horizontal dimension of the open area is a minimum of 15 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties.

(B) Dwelling Unit Exposure: The dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an unobstructed open area that is no less than 15 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.

(C) Off Street Loading: No off-street loading spaces under Section 152.

(D) Automobile Parking: Up to a 100% reduction in the minimum off-street residential and commercial automobile parking requirement under Article 1.5 of this Code.

(E) Open Space: Up to a 10% reduction in common open space requirements if required by Section 135, but no less than 36 square feet of open space per unit.

(F) Inner Courts as Open Space: In order for an inner court to qualify as useable common open space, Section 135(g)(2) requires it to be at least 20 feet in every horizontal dimension, and for the height of the walls and projections above the court on at least three sides (or 75% of the perimeter, whichever is greater) to be no higher than one foot for each foot that such point is horizontally distant from the opposite side of the clear space in the court. 100 Percent Affordable Housing Bonus Projects may instead provide an inner court that is at least 25 feet in every horizontal dimension, with no restriction on the heights of adjacent walls. All area within such an inner court shall qualify as common open space under Section 135.

(d) Implementation.

(1) Application. The following procedures shall govern the processing of a request for a project to qualify under the 100 Percent Affordable Housing Bonus Program.

(A) An application to participate in the 100 Percent Affordable Housing Bonus Program shall be submitted with the first application for approval of a Housing Project and processed concurrently with all other applications required for the Housing Project. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

(i) A full plan set including a site plan, elevations, sections and floor plans, showing the total number of units, unit sizes and planned affordability levels and any applicable funding

sources;

(ii) The requested development bonuses from those listed in subsection (c);

(iii) Unit size and distribution of multi-bedroom units;

(iv) Documentation that the applicant has provided written notification to all existing commercial tenants that the applicant intends to develop the property pursuant to this section 206.4. Any affected commercial tenants shall be given priority processing similar to the Department’s Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323 to support relocation of such business in concert with access to relevant local business support programs. In no case may an applicant receive a site permit or any demolition permit prior to 18 months from the date of written notification required by this subsection 206.4(d)(1)(B); and

(v) Documentation that the applicant shall comply with any applicable provisions of the State Relocation Law or Federal Uniform Relocation Act when a parcel includes existing commercial tenants.

(2) Conditions. Entitlements of 100 Percent Affordable Housing Bonus Projects approved under this Section shall be valid for 10 years from the date of approval.

(3) Controls. Notwithstanding any other provision of this Code, no conditional use authorization shall be required for a 100 Percent Affordable Housing Bonus Project, unless such conditional use requirement was adopted by the voters.

(Added as Sec. 206.3 by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; redesignated and internal references amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018; Ord. 198-18, File No. 180456, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

(Former Sec 206.4 added by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; redesignated as Sec. 206.8 and amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017)

(Former Sec. 206.4 added by Ord. 72-08, File No. 071157, App. 4/3/2008; redesignated as Sec. 209.4 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (c)(2) and (d)(2) amended; division (d)(3) deleted and former division (d)(4) redesignated as (d)(3); Ord. 179-18, Eff. 8/27/2018; also shown in Ord. 198-18, Eff. 9/10/2018. Divisions (a), (b), and (b)(1) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (a), (b), and (b)(3) amended; Ord. 296-18, Eff. 1/12/2019.

SEC. 206.5. STATE RESIDENTIAL DENSITY BONUS PROGRAM: ANALYZED.

(a) Purpose. Sections 206.5, 206.6, and 206.7 shall be referred to as the San Francisco State Residential Density Bonus Program or the State Density Bonus Program. First, the Analyzed State Density Bonus Program in Section 206.5 offers an expedited process for projects that seek a density bonus that is consistent with the pre-vetted menu of incentives, concessions and waivers that the Planning Department and its consultants have already determined are feasible, result in actual cost reductions, and do not have specific adverse impacts upon public health and safety of the physical environment. Second the Individually Requested State Density Bonus Program in Section 206.6 details the review, analysis and approval process for any project seeking a density bonus that is consistent with State Law, but is not consistent with the requirements for the Analyzed State Density Bonus Program established in Section 206.5. Third, Section 206.7 describes density bonuses available under the State code for the provision of childcare facilities.

This Section 206.5 implements the Analyzed State Density Bonus Program or “Analyzed State Program.” The Analyzed State Program offers an expedited process for projects that seek a density bonus that is consistent with, among other requirements set forth below, the pre-vetted menu of incentives, waiver and concessions.

(b) Applicability.

(1) A Housing Project that meets all of the requirements of this subsection (b)(1) or is a Senior Housing Project meeting the criteria of (b)(2) shall be an Analyzed State Density Bonus Project or an “Analyzed Project” for purposes of Sections 206 et seq. A Housing Project that does not meet all of the requirements of this subsection (b), but seeks a density bonus under State law may apply for a density bonus under Section 206.6 as an Individually Requested State Density Bonus Project. To qualify for the Analyzed State Density Bonus Program a Housing Project must meet all of the following:

(A) contain five or more residential units, as defined in Section 102, not including any Group Housing as defined in Section 102, efficiency dwelling units with reduced square footage defined in Section 318, and Density Bonus Units permitted through this Section 206.5 or other density program;

(B) is not seeking and receiving a density or development bonus under Section 207; the HOME-SF Program, Section 206.3; the 100 Percent Affordable Housing Bonus Program, Section 206.4; or any other local or State density bonus program that provides development bonuses;

(C) for projects located in Neighborhood Commercial Districts is not seeking to merge lots that result in more than 125 linear feet in lot frontage on any one street;

(D) is located in any zoning district that: (i) is not designated as an RH-1 or RH-2 Zoning District; (ii) establishes a maximum dwelling unit density through a ratio of number of units to lot area, including but not limited to, RH-3, RM, RC, C-2, Neighborhood Commercial, Named Neighborhood Commercial, and SoMa Mixed Use Districts, but only if the SoMa Mixed Use District has a density measured by a maximum number of dwelling units per square foot of lot area; (iii) is not in the North of Market Residential Special Use District, Planning Code Section 249.5 until the Affordable Housing Incentive Study is completed at which time the Board will review whether the North of Market Residential Special Use District should continue to be excluded from this Program. The Study will explore opportunities to support and encourage the provision of housing at the low, moderate, and middle income range in neighborhoods where density controls have been eliminated. The goal of this analysis is to incentivize increased affordable housing production levels at deeper and wider ranges of AMI and larger unit sizes in these areas through 100% affordable housing development as well as below market rate units within market rate developments; (iv) is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway; and (v) is not located on property under the jurisdiction of the Port of San Francisco;

(E) is providing all Inclusionary Units as On-site Units under Section 415.6;

(F) includes a minimum of nine foot ceilings on all residential floors;

(G) is seeking only Concessions or Incentives set forth in subsection (c)(4);

(H) is seeking height increases only in the form of a waiver as described in subsection (c)(5);

(I) does not demolish, remove, or convert any residential units;

(J) consists only of new construction, and excluding any project that includes an addition to an existing structure;

(K) includes at the ground floor level active uses, as defined in Section 145.1 at the same square footages as any neighborhood commercial uses demolished or removed;

(L) if any retail use is demolished or removed, does not include a Formula Retail use, as defined in Section 303.1, unless the retail use demolished or removed was also a Formula Retail use, or one of the following uses: Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Self Storage, Motel, Automobile Sales or Rental,

Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102;

(M) all on-site income-restricted residential units in the Housing Project are no smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017; and

(N) notwithstanding any other provision of this Code, includes a minimum dwelling unit mix of at least 40% of all units as two or three bedroom units, including at least 10% of units as three bedroom units. Larger units should be distributed on all floors, and prioritized in spaces adjacent to open spaces or play yards. Units with two or three bedrooms should incorporate family friendly amenities, including bathtubs, dedicated cargo bicycle parking, dedicated stroller storage, and open space and yards designed for use by children.

(2) A Senior Housing Project, as defined in Section 102, may qualify as an Analyzed State Density Bonus Project if it follows all of the procedures and conditions set forth in Planning Code Section 202.2(f).

(3) If located north of the centerline of Post Street and east of the centerline of Van Ness Avenue, all otherwise eligible Analyzed State Law Density Bonus Projects shall only be permitted on:

(A) lots containing no existing buildings; or

(B) lots equal to or greater than 12,500 square feet where existing buildings are developed to less than 20% of the lot’s principally permitted buildable gross floor area as determined by height limits, rear yard requirements and required setbacks.

(c) Development Bonuses. All Analyzed State Law Density Bonus Projects shall receive, at the project sponsor’s written request, any or all of the following:

(1) Priority Processing. Analyzed Projects that provide 30% or more of Units as On-site Inclusionary Housing Units or Restricted Affordable Units that meet all of the requirements for an Inclusionary Housing Unit shall receive Priority Processing.

(2) Density Bonus. Analyzed Projects that provide On-site Inclusionary Housing Units or Restricted Affordable Units that meet all of the requirements for an Inclusionary Housing Unit shall receive a density bonus as described in Table 206.5A as follows:

Note: A density bonus may be selected from more than one category, up to a maximum of 35% of the Maximum Allowable Gross Residential Density.

In calculating density bonuses under this subsection 206.5(c)(2) the following shall apply:

(A) When calculating the number of permitted Density Bonus Units or Restricted Affordable Units, any fractions of units shall be rounded to the next highest number. Analyzed Density Bonus Program projects must include the minimum percentage of Restricted Affordable Units identified in Column B of Table 206.5A for at least one income category, but may combine density bonuses from more than one income category, up to a maximum of 35% of the Maximum Allowable Gross Residential Density.

(B) An applicant may elect to receive a Density Bonus that is less than the amount permitted by this Section; however, the City shall not be required to similarly reduce the number of Restricted Affordable Units required to be dedicated pursuant to this Section and Government Code Section 65915(b).

(C) In no case shall a Housing Project be entitled to a Density Bonus of more than 35%, unless it is a Senior Housing Project meeting the requirements of Section 202.2(f).

(D) The Density Bonus Units shall not be included when determining the number of Restricted Affordable Units required to qualify for a Density Bonus. Density bonuses shall be calculated as a percentage of the Maximum Allowable Gross Residential Density.

(E) Any Restricted Affordable Unit provided pursuant to the on-site requirements of the Inclusionary Affordable Housing Program, Section 415 et seq., shall be included when determining the number of Restricted Affordable Units required to qualify for a Development Bonus under this Section 206.5. The payment of the Affordable Housing Fee shall not qualify for a Development Bonus under this Section. The provision of Off-site Units shall not qualify the Principal Project for a Density Bonus under this Section; however an Off-site Unit may qualify as a Restricted Affordable Unit to obtain a density bonus for the Off-site Project.

(F) In accordance with state law, neither the granting of a Concession, Incentive, waiver, or modification, nor the granting of a Density Bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

(3) Concessions and Incentives. Analyzed Projects shall receive concessions or incentives, in the amounts specified in Table 206.5B:

Notes: 1. Common Interest Development is defined in California Civil Code Section 4100.

(4) Menu of Concessions and Incentives: In submitting a request for Concessions or Incentives, an applicant for an Analyzed State Density Bonus Project may request the specific Concessions and Incentives set forth below. The Planning Department, based on Department research and a Residential Density Bonus Study prepared by David Baker Architects, Seifel Consulting, and the San Francisco Planning Department dated August 2015, on file with the Clerk of the Board of Supervisors in File No. 150969, has determined that the following Concessions and Incentives are generally consistent with Government Code Section 65915(d) because, in general, they: are required in order to provide for affordable housing costs; will not be deemed by the Department to have a specific adverse impact as defined in Government Code Section 65915(d); and are not contrary to State or Federal law.

(A) Rear yard: the required rear yard per Section 134 or any applicable special use district may be reduced to no less than 20% of the lot depth, or 15 feet, whichever is greater. Corner properties may provide 20% of the lot area at the interior corner of the property to meet the minimum rear yard requirement, provided that each horizontal dimension of the open area is a minimum of 15 feet; and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties.

(B) Dwelling Unit Exposure: the dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an unobstructed open area that is no less than 25 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.

(C) Off-Street Loading: off-street loading spaces under Section 152 shall not be required.

(D) Parking: up to a 50% reduction in the residential and commercial parking requirement, per Section 151 or any applicable special use district.

(E) Open Space: up to a 5% reduction in required common open space per Section 135, or any applicable special use district.

(F) Additional Open Space: up to an additional 5% reduction in required common open space per Section 135 or any applicable special use district, beyond the 5% provided in subsection (E) above.

(5) Waiver or Modification of Height Limits. Analyzed Projects may request a waiver of the applicable height restrictions if the applicable height limitation will have the effect of physically precluding the construction of a Housing Project at the densities or with the Concessions or Incentives permitted by subsection (c)(4). Analyzed Projects may receive a height bonus as of right of up to twenty feet or two stories, excluding exceptions permitted per Section 260(b), if the applicant demonstrates that it qualifies for a height waiver through the following formula:

Step one: Calculate Base Density and Bonus Density Limits

Calculate Base Density (BD), as defined in Section 206.2.

Bonus Density Limit (BD): ED multiplied by 1.XX where XX is the density bonus requested per Section 206.5 of this Code (e.g. 7%, 23%, 35%), not to exceed 1.35, the maximum density bonus available by this Section.

Step two: Calculate Permitted Envelope (PE). Buildable envelope available under existing height and bulk controls.

PE equals lot area multiplied by permitted lot coverage, where lot coverage equals .75, or .8 if the developer elects to request a rear yard modification under Section 206.5(c)(4)(A), multiplied by existing height limit (measured in number of stories), minus one story for projects in districts where non-residential uses are required on the ground floor, and minus any square footage subject to bulk limitations (for parcels that do not have an X bulk designation).

Step three: Calculate Bonus Envelope (BE). Residential envelope necessary to accommodate additional density (“Bonus envelope” or “BE”).

BE equals Bonus Density multiplied by 1,000 gross square feet.

Step four: Calculate Additional Residential Floors. Determine the number of stories required to accommodate bonus:

(A) If BE is less than or equal to PE, the project is not awarded height under this subsection (c)(5).

(B) If BE is greater than PE, the project is awarded height, as follows:

(i) If BE minus PE is less than the lot area multiplied by 0.75, project is allowed one extra story; total gross square footage of building not to exceed BE; or

(ii) If BE minus PE is greater than the lot area multiplied by 0.75 (i.e. if the difference is greater than one story), project is allowed two extra stories; total gross square footage of building not to exceed BE.

(d) Application. An application for an Analyzed State Density Bonus Project under this Section 206.5 shall be submitted with the first application for approval of a Housing Project and shall be processed concurrently with all other applications required for the Housing Project. The application shall be on a form prescribed by the City and, in addition to any information required for other applications, shall include the following information:

(1) A description of the proposed Housing Project, including the total number of dwelling units, Restricted Affordable Units, and Density Bonus Units proposed;

(2) Any zoning district designation, Base Density, assessor’s parcel number(s) of the project site, and a description of any Density Bonus, Concession or Incentive, or waiver requested;

(3) A list of the requested Concessions and Incentives from Section 206.5(c)(4);

(4) If a waiver or modification of height is requested under Section 206.5(c)(5), a calculation demonstrating how the project qualifies for such waiver under the formula;

(5) A full plan set including site plan, elevations, sections, and floor plans, number of market-rate units, Restricted Affordable Units, and Density Bonus units within the proposed Housing Project. The location of all units must be approved by the Planning Department before the issuance of the building permit;

(6) Level of affordability of the Restricted Affordable Units and a draft Regulatory Agreement; and

(7) Documentation that the applicant has provided written notification to all existing commercial tenants that the applicant intends to develop the property pursuant to this section. Any affected commercial tenants shall be given priority processing similar to the Department’s Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323 to support relocation of such business in concert with access to relevant local business support programs. In no case may a project receive a site permit or any demolition permit prior to 18 months from the date of written notification required by this Section 206.5(d)(7).

(e) Review Procedures. An application for an Analyzed State Density Bonus Project, shall be acted upon concurrently with the application for other permits related to the Housing Project.

(1) Before approving an application for an Analyzed Project, the Planning Department or Commission shall make written findings that the Housing Project is qualified as an Analyzed State Density Bonus Project.

(2) Analyzed Projects shall be governed by the conditional use procedures of Section 303. All notices shall specify that the Housing Project is seeking a Development Bonus and shall provide a description of the Development Bonuses requested. Analyzed Projects shall also be reviewed for consistency with the Affordable Housing Bonus Program Design Guidelines.

(f) Regulatory Agreements. Recipients of a Density Bonus, Incentive, Concession, waiver, or modification shall enter into a Regulatory Agreement with the City, as follows.

(1) The terms of the agreement shall be acceptable in form and content to the Planning Director, the Director of MOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements.

(2) Following execution of the agreement by all parties, the completed Density Bonus Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions filed and recorded on the Housing Project. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable to the Housing Project on a publicly-accessible website.

(3) The approval and recordation of the Regulatory Agreement shall take place prior to the issuance of the First Construction Document. The Regulatory Agreement shall be binding to all future owners and successors in interest.

(4) The Regulatory Agreement shall be consistent with the guidelines of the City’s Inclusionary Housing Program and shall include at a minimum the following:

(A) The total number of dwelling units approved for the Housing Project, including the number of Restricted Affordable Units, Inclusionary Units, HOME-SF Units or other restricted units;

(B) A description of the household income group to be accommodated by the Restricted Affordable Units, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price;

(C) The location, dwelling unit sizes (in square feet), and number of bedrooms of the Restricted Affordable Units;

(D) Term of use restrictions for Restricted Affordable Units of at least 55 years for Moderate Income units and at least 55 years for Low and Very Low units;

(E) A schedule for completion and occupancy of Restricted Affordable Units;

(F) A description of any Concession, Incentive, waiver, or modification, if any, being provided by the City;

(G) A description of remedies for breach of the agreement (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement);

(H) A list of all on-site family friendly amenities. Family friendly amenities shall include, but are not limited to, dedicated cargo bicycle parking, dedicated stroller storage, and open space and yards designed for use by children; and

(I) Other provisions to ensure implementation and compliance with this Section.

(Added by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

(Former Sec. 206.5 added by Ord. 298-08, File No. 081153, App. 12/19/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (b)(1) and (b)(1)(C) amended; Ord. 202-18, Eff. 9/10/2018. Division (c)(1) amended; Ord. 63-20, Eff. 5/25/2020. Division (c)(2) amended; Ord. 136-21, Eff. 9/4/2021. Division (f)(2) amended; Ord. 170-25, Eff. 10/6/2025.

SEC. 206.6. STATE DENSITY BONUS PROGRAM: INDIVIDUALLY REQUESTED.

(a) Purpose and Findings: This Section 206.6 details the review, analysis and approval process for any project seeking a density bonus that is consistent with State Law, Government Code Section 65915 et seq., but is not consistent with the pre-vetted menu of concessions, incentives or waivers, or other requirements established in Section 206.5 as analyzed by the Planning Department in coordination with David Baker and Seifel Consulting, and shall be known as the Individually Requested State Density Bonus Program.

density bonus that is consistent with State Law, Government Code Section 65915 et seq., but is not consistent with the pre-vetted menu of concessions, incentives or waivers, or other requirements established in Section 206.5 as analyzed by the Planning Department in coordination with David Baker and Seifel Consulting, and shall be known as the Individually Requested State Density Bonus Program.

California State Density Bonus Law allows a housing developer to request parking ratios not to exceed the ratios set forth in Government Code Section 65915(p)(1), which may further be reduced as an incentive or concession. Because in most cases San Francisco regulates parking by dwelling unit as described in Article 1.5 of this Code, the minimum parking ratios set forth in the Government Code are greater than those allowed in San Francisco. Given that San Francisco’s parking ratios are already less than the State ratios, the City finds that the State’s minimum parking ratio requirement does not apply.

(b) Applicability. A Housing Project that does not meet any one or more of the criteria of Section 206.5(b) under the Analyzed State Density Bonus Program, but meets the following requirements, may apply for a Development Bonus under this Section 206.6 as an “Individually Requested State Density Bonus Project” or “Individually Requested Project” if it meets all of the following criteria:

(1) contains five or more residential units, as defined in Section 102;

(2) is not seeking and receiving a density or development bonus under Section 207; the HOME-SF Program, Section 206.3; the 100 Percent Affordable Housing Bonus Program, Section 206.4; Section 304, or any other local or state bonus program that provides development bonuses;

(3) provides Restricted Affordable Housing Units, including but not limited to Inclusionary Housing Units, at minimum levels as provided in Table 206.6A;

(4) provides replacement units for any units demolished or removed that are subject to the San Francisco Rent Stabilization and Arbitration Ordinance, Administrative Code Section 37, or are units qualifying for replacement as units being occupied by households of low or very low income, consistent with the requirements of Government Code section 65915(c)(3); and,

(5) Is in any zoning district except for RH-1 or RH-2, unless the Code permits the development of a project of five units or more on a site or sites.

(c) Development Bonuses. Any Individually Requested Density Bonus Project shall, at the project sponsor’s request, receive any or all of the following:

(1) Density Bonus. Individually Requested Projects that provide On-site Inclusionary Housing Units or Restricted Affordable Units shall receive a density bonus as described in Table 206.6A as follows:

Note: A density bonus may be selected from only one category up to a maximum of 35% of the Maximum Allowable Gross Residential Density.

In calculating density bonuses under this subsection 206.6(c)(1) the following shall apply:

(A) When calculating the number of permitted Density Bonus Units or Restricted Affordable Units, any fractions of units shall be rounded to the next highest number.

(B) An applicant may elect to receive a Density Bonus that is less than the amount permitted by this Section; however, the City shall not be required to similarly reduce the number of Restricted Affordable Units required to be dedicated pursuant to this Section and Government Code Section 65915(b).

(C) Each Housing Project is entitled to only one Density Bonus, which shall be selected by the applicant based on the percentage of Very Low Income Restricted Affordable Units, Lower Income Restricted Affordable Units, or Moderate Income Restricted Affordable Units, or the Housing Project’s status as a Senior Citizen Housing Development. Density bonuses from more than one category may not be combined. In no case shall a Housing Project be entitled to a Density Bonus of more than 35%, unless it is a Senior Housing Project meeting the requirements of Section 202.2(f).

(D) The Density Bonus Units shall not be included when determining the number of Restricted Affordable Units required to qualify for a Density Bonus. Density bonuses shall be calculated as a percentage of the Maximum Allowable Gross Residential Density.

(E) Any Restricted Affordable Unit provided pursuant to the on-site requirements of the Inclusionary Affordable Housing Program, Section 415 et seq., shall be included when determining the number of Restricted Affordable Units required to qualify for a Development Bonus under this Section 206.6. The payment of the Affordable Housing Fee shall not qualify for a Development Bonus under this Section. The provision of Off-site Units shall not qualify the Principal Project for a Density Bonus under this Section; however an Off-site Unit may qualify as a Restricted Affordable Unit to obtain a density bonus for the Off-site Project.

(F) In accordance with state law, neither the granting of a Concession, Incentive, waiver, or modification, nor the granting of a Density Bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

(G) No additional Density Bonus shall be authorized for a Senior Citizen Development beyond the Density Bonus authorized by subsection (c)(1) of this Section.

(H) Certain other types of development activities are specifically eligible for a development bonus pursuant to State law, including land donation under Government Code Section 65915(g), condominium conversions under Government Code Section 65915.5 and qualifying mobile home parks under Government Code Section 65915(b)(1)(C). Such projects shall be

considered Individually Requested State Density Bonus Projects.

(2) Concessions and Incentives. This Section includes provisions for providing Concessions or Incentives pursuant to Government Code Section 65915 et seq. as set forth in Table 206.6B. For purposes of this Section 206.6, Concessions and Incentives as used interchangeably shall mean such regulatory concessions as specified in Government Code Section 65915(k) to include:

(A) A reduction of site Development Standards or architectural design requirements which exceed the minimum applicable building standards approved by the State Building Standards Commission pursuant to Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback, coverage, and/or parking requirements which result in identifiable, financially sufficient and actual cost reductions;

(B) Allowing mixed use development in conjunction with the proposed residential development, if nonresidential land uses will reduce the cost of the residential project and the nonresidential land uses are compatible with the residential project and existing or planned development in the area where the Housing Project will be located; and

(C) Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions.

Notes: 1. Concessions or Incentives may be selected from only one category (very low, lower, or moderate). 2. Common Interest Development is defined in California Civil Code Section 4100.

(3) Request for Concessions and Incentives. In submitting a request for Concessions or Incentives that are not specified in subsection 206.5(c)(4), an applicant for an Individually Requested Density Bonus Project must provide documentation described in subsection (d) below in its application. Provided that the Planning Commission delegates authority to review and approve applications for Individually Requested Density Bonus projects, the Planning Director shall approve the Concession or Incentive requested unless the Director makes written findings, based on substantial evidence that:

(A) The Concession or Incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k); or

(B) The Concession or Incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2) upon public health and safety or the physical environment or any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Project unaffordable to low- and moderate-income households; or

(C) The Concession or Incentive would be contrary to state or federal law.

(4) Waiver or Modification. An applicant may apply for a waiver or modification of Development Standards that will have the effect of physically precluding the construction of a Housing Project at the densities or with the Concessions or Incentives permitted by this Section 206.6. The Planning Commission will not grant a waiver or modification under this Section unless it is necessary to achieve the additional density or the Concessions or Incentives permitted by this Section 206.6. The developer must submit sufficient information as determined by the Planning Department demonstrating that Development Standards that are requested to be waived or modified will have the effect of physically precluding the construction of a Housing Project meeting the criteria of this Section 206.6 at the densities or with the Concessions or Incentives permitted. The Planning Commission shall hold a hearing to determine if the project sponsor has demonstrated that the waiver is necessary. The Planning Commission may deny a waiver if it finds on the basis of substantial evidence that:

(A) It is not required to permit the construction of a Housing Project meeting the density permitted or with the Concessions and Incentives permitted under this Section 206.6;

(B) The Waiver would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2) upon public health and safety or the physical environment or any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Project unaffordable to low- and moderate-income households; or,

(C) The Waiver would be contrary to state or federal law.

(5) Nothing in this Section shall be construed to require the provision of direct financial incentives for the Project, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.

(d) Application. An application for a Density Bonus, Incentive, Concession, or waiver under this Section 206.6 shall be submitted with the first application for approval of a Housing Project and shall be processed concurrently with all other applications required for the Housing Project. The application shall be on a form prescribed by the City and, in addition to any information required for other applications, shall include the following information:

entive, Concession, or waiver under this Section 206.6 shall be submitted with the first application for approval of a Housing Project and shall be processed concurrently with all other applications required for the Housing Project. The application shall be on a form prescribed by the City and, in addition to any information required for other applications, shall include the following information:

(1) A description of the proposed Project, and a full plan set, including a site plan, elevations, section and floor plans, with the total number and location of dwelling units, Restricted Affordable Units, and Density Bonus Units proposed;

(2) A plan set sufficient for the Planning Department to determine the project site’s Maximum Allowable Gross Residential Density. The project sponsor shall submit plans for a base project that demonstrates a Code complying project on the Housing Project site without modification of the Planning Code. Such plans shall include similar detail to the proposed Housing Project. The project sponsor shall demonstrate that site constraints do not limit the Maximum Allowable Gross Residential Density for the base project in practice. If the project sponsor cannot make such a showing, the Zoning Administrator shall determine whether the Maximum Allowable Gross Residential Density shall be adjusted for purposes of this Section;

(3) The zoning district designations, Maximum Allowable Gross Residential Density, assessor’s parcel number(s) of the project site, and a description of any Density Bonus, Concession or Incentive, or waiver requested;

(4) If a Concession or Incentive is requested that is not included within the menu of Incentives/Concessions set forth in subsection 206.5(c), a submittal including financial information or other information providing evidence that the requested Concessions and Incentives result in identifiable and actual cost reductions required in order to provide for affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the Restricted Affordable Units to be provided as required under this Program. The cost of reviewing any required financial information, including, but not limited to, the cost to the City of hiring a consultant to review the financial data, shall be borne by the applicant;

(5) If a waiver or modification is requested, information sufficient to demonstrate why a Development Standard would physically preclude the construction of the Development with the Density Bonus, Incentives, and Concessions requested. The cost of reviewing any required information supporting the request for a waiver, including, but not limited to, the cost to the City of hiring a consultant to review the architectural information, shall be borne by the applicant;

(6) Level of affordability of the Restricted Affordable Units and a draft Regulatory Agreement;

(7) The number of residential units which are on the property, or if the residential units have been vacated or demolished in the five year period preceding the application, have been and which were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the City or other public entity’s valid exercise of its police power; or occupied by lower or very low income households;

(8) If the property includes a parcel or parcels in which dwelling units under subsection (d)(7) are located or were located in the five year period preceding the application, the type and size of those units, the incomes of the persons or families occupying those units;

(9) Documentation that the applicant has provided written notification to all existing commercial or residential tenants that the applicant intends to develop the property pursuant to this section. Any affected commercial tenants shall be given priority processing similar to the Department’s Community Business Priority Processing Program, as adopted by the Planning Commission on February 12, 2015 under Resolution Number 19323 to support relocation of such business in concert with access to relevant local business support programs;

(10) If a Density Bonus or Concession is requested for a land donation under Government Code Section 65915(g), the application shall show the location of the land to be dedicated, provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made;

(11) If a density bonus or Concession is requested for a Child Care Facility under Section 206.7, the application shall show the location and square footage of the child care facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made; and

(12) If a Density Bonus or Concession is requested for a condominium conversion, the applicant shall provide evidence that all of the requirements found in Government Code Section 65915.5 can be met.

(e) Review Procedures. Except as provided in Section 317 or where a Conditional Use Authorization is required to permit a non-residential use, an application for any Individually Requested Density Bonus project shall not be subject to any other underlying entitlement approvals related to the proposed housing, such as a Conditional Use Authorization, Mandatory Discretionary Review, or a Large Project Authorization. Further, any entitled project that was previously approved under the Individually Requested Density Bonus program that seeks an amendment to their approved application, including those projects outlined in Planning Code Section 415A.5, shall also not require an underlying entitlement approval related to the proposed housing. If an entitlement is otherwise required, an application for a Density Bonus, Incentive, Concession, or waiver shall be acted upon concurrently with the application for the required entitlement.

eeks an amendment to their approved application, including those projects outlined in Planning Code Section 415A.5, shall also not require an underlying entitlement approval related to the proposed housing. If an entitlement is otherwise required, an application for a Density Bonus, Incentive, Concession, or waiver shall be acted upon concurrently with the application for the required entitlement.

(1) Before approving an application for a Density Bonus, Incentive, Concession, or waiver, for any Individually Requested Density Bonus Project, the Planning Commission or Director shall make the following findings as applicable.

(A) The Housing Project is eligible for the Individually Requested Density Bonus Program.

(B) The Housing Project has demonstrated that any Concessions or Incentives reduce actual housing costs, as defined in Section 50052.5 of the California Health and Safety Code, or for rents for the targeted units, based upon the financial analysis and documentation provided.

(C) If a waiver or modification is requested, a finding that the Development Standards for which the waiver is requested would have the effect of physically precluding the construction of the Housing Project with the Density Bonus or Concessions and Incentives permitted.

(D) If the Density Bonus is based all or in part on donation of land, a finding that all the requirements included in Government Code Section 65915(g) have been met.

(E) If the Density Bonus, Concession or Incentive is based all or in part on the inclusion of a Child Care Facility, a finding that all the requirements included in Government Code Section 65915(h) have been met.

(F) If the Concession or Incentive includes mixed-use development, a finding that all the requirements included in Government Code Section 65915(k)(2) have been met.

(2) If the findings required by subsection (e)(1) of this Section cannot be made, the Planning Commission or Director may deny an application for a Concession, Incentive, waiver or modification only if the Director makes one of the following written findings, supported by substantial evidence:

(A) The Concession, Incentive, waiver or modification is not required to provide for the affordability levels required for Restricted Affordable Units;

(B) The Concession, Incentive, waiver or modification would have a specific, adverse impact upon public health or safety or the physical environment or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Project unaffordable to Low and Moderate Income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the Housing Project was deemed complete;

or

(C) The Concession, Incentive, waiver or modification is contrary to state or federal law.

(3) The review procedures for an Individually Requested Density Bonus Project, including notice, hearings, and appeal, shall be the procedures applicable to the Housing Project regardless of whether it is applying for a State Density Bonus under this Section 206.6. However, any notice shall specify that the Housing Project is seeking a Development Bonus and shall provide a description of the development bonuses requested. Individually Requested Projects shall also be reviewed for consistency with the Affordable Housing Bonus Program Design Guidelines.

(4) In accordance with state law, neither the granting of a Concession, Incentive, waiver, or modification, nor the granting of a Density Bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

(f) Regulatory Agreements. Recipients of a Density Bonus, Incentive, Concession, waiver, or modification shall enter into a Regulatory Agreement with the City, as follows.

(1) The terms of the agreement shall be acceptable in form and content to the Planning Director, the Director of MOHCD, and the City Attorney. The Planning Director shall have the authority to execute such agreements.

(2) Following execution of the agreement by all parties, the completed Density Bonus Regulatory Agreement, or memorandum thereof, shall be recorded and the conditions filed and recorded on the Housing Project. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable to the Housing Project on a publicly-accessible website.

(3) The approval and recordation of the Regulatory Agreement shall take place prior to the issuance of the First Construction Document. The Regulatory Agreement shall be binding to all future owners and successors in interest.

(4) The Regulatory Agreement shall be consistent with the guidelines of the City’s Inclusionary Housing Program and shall include at a minimum the following:

(A) The total number of dwelling units approved for the Housing Project, including the number of Restricted Affordable Units, Inclusionary Units, HOME-SF Units or other restricted units;

(B) A description of the household income group to be accommodated by the Restricted Affordable Units, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price;

(C) The location, dwelling unit sizes (in square feet), and number of bedrooms of the Restricted Affordable Units;

(D) Term of use restrictions for Restricted Affordable Units of at least 55 years for Moderate Income units and at least 55 years for Low and Very Low units;

(E) A schedule for completion and occupancy of Restricted Affordable Units;

(F) A description of any Concession, Incentive, waiver, or modification, if any, being provided by the City;

(G) A description of remedies for breach of the agreement (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and

(H) Other provisions to ensure implementation and compliance with this Section.

(Added by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; amended by Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 297-24, File No. 241055, App. 12/19/2024, Eff. 1/19/2025; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

AMENDMENT HISTORY

Division (c)(1)(H) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (c)(3), (e), (e)(1), and (e)(2) amended; Ord. 248-23, Eff. 1/14/2024. Division (e) amended; Ord. 297-24, Eff. 1/19/2025. Division (f)(2) amended; Ord. 170-25, Eff. 10/6/2025.

SEC. 206.7. CHILD CARE FACILITIES.

(a) For purposes of this Section 206.7, “Child Care Facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

(b) When an applicant proposes to construct a Housing Project that is eligible for a Density Bonus under Section 206.6 and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to, the Housing Project, all of the provisions of this Section 206.7 shall apply and all of the provisions of Section 206.6 shall apply, except as specifically provided in this Section 206.7.

(c) When an applicant proposes to construct a Housing Project that is eligible for a Density Bonus under Section 206.6 and includes a Child Care Facility that will be located on the premises of, as part of, or adjacent to, the Housing Project, the City shall grant either:

(1) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the square footage of the Child Care Facility; or

(2) An additional Concession or Incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility.

(d) The City shall require, as a condition of approving the Housing Project, that the following occur:

(1) The Child Care Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Affordable Units are required to remain affordable. In the event the childcare operations cease to exist, the Zoning Administrator may approve in writing an alternative community service use for the child care facility.

(2) Of the children who attend the Child Care Facility, the children of Very Low, Lower and Moderate Income households shall equal a percentage that is equal to or greater than the percentage of Restricted Affordable Units in the Housing Project that are required for Very Low, Lower and Moderate Income households pursuant to Section 206.6.

(e) Notwithstanding subsections (a) and (b) above, the City shall not be required to provide a density bonus or a Concession or Incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

(Added by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017)

SEC. 206.8. AFFORDABLE HOUSING BONUS PROGRAM EVALUATION.

(a) Within one year from March 22, 2015, the Planning Department shall provide an informational presentation to the Planning Commission, and any other City agency at their request, presenting an overview of all projects that request or receive development bonuses under the HOME-SF Program, the 100 Percent Affordable Housing Bonus Program and the Analyzed and Individually Requested State Density Bonus Program (“the Bonus Programs”).

(b) Annual Reporting. The Planning Department, in coordination with MOHCD, shall include information on projects which request and receive development bonuses under the Bonus Programs, in the Housing Inventory Report.

(c) Report Contents. The Housing Inventory shall include, but not be limited to, information on the:

(1) number of projects utilizing the Bonus Programs;

(2) number of units approved and constructed under the Bonus Programs and the AMI levels of such units;

(3) number of additional affordable units in excess of that otherwise required by Section 415;

(4) geographic distribution of projects, including the total number of units in each project, utilizing the Bonus Programs;

(5) number of larger unit types, including the number of 3-bedroom units;

(6) square feet of units by bedroom count;

(7) number of projects with nine or fewer units that participate; and

(8) Number of appeals of projects in the Bonus Program and stated reason for appeal.

(d) Program Evaluation and Update.

(1) Purpose and Contents. Every five years, beginning five years from March 22, 2015, the Department shall prepare a Program Evaluation and Update. The Program Evaluation and Update shall include an analysis of the Bonus Programs’ effectiveness as it relates to City policy goals including, but not limited to Proposition K (November 2014) and the Housing Element. The Program Evaluation and Update shall include a review of all of the following:

(A) Target income levels for the HOME-SF Program in relation to market values and assessed affordable housing needs.

(B) Feasibility of the HOME-SF Program, in relation to housing policy goals, program production, and current market conditions.

(C) Requested and granted concessions and incentives, including consideration of whether the menu of zoning modification or concessions and incentives set forth in Section 206.3(d)(4), 206.4(c)(5) and 206.5(c)(4) respond to the needs of projects seeking approvals under the Bonus Programs; consideration of whether the elected zoning modifications or incentives and concessions result in a residential project that responds to the surrounding neighborhood context; and review and recommendation for additions or modifications to the list of zoning modifications or concessions and incentives in 206.3(d)(4), 206.4(c)(5) and 206.5(c)(4).

(D) Geography and neighborhood specific considerations. Review and analysis of where Bonus Program projects are proposed and approved, including an analysis of land values, zoning, height controls, and neighborhood support.

(E) Review of the process for considering projects under the Bonus Program, including a review of Section 328, the appeal process, Section 303 and other relevant process considerations.

(2) Public Hearing. The Program Evaluation and Update shall be prepared no less than every five years, beginning five years from March 22, 2015, and may be completed as a series of reports and in coordination with ongoing monitoring of affordable housing policies, or feasibility analyses. The Planning Commission shall hold a hearing on the Program Evaluation and Update and any recommendations for modification to any of the Bonus Program.

(e) Program Expansion Report. The Board of Supervisors directs the Planning Department and MOHCD to research, analyze and provide recommendations for further density and development bonuses for 100% affordable or mixed-income developments. The Program Expan- sion Report shall be published within one year of March 22, 2015.

(Added as Sec. 206.4 by Ord. 143-16, File No. 160687, App. 7/29/2016, Eff. 8/28/2016; redesignated and amended by Ord. 116-17, File No. 150969, App. 6/13/2017, Eff. 7/13/2017; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Renamed and redesignated as Sec. 206.8; divisions (a)-(e) amended; division (c)(3) added and former divisions (c)(3)-(7) redesignated (c)(4)- (8); divisions (d)(1)(A)-(B) added and former divisions (d)(1)(A)-(C) redesignated (d)(1)(C)-(E); former division (f) deleted; Ord. 116-17, Eff. 7/13/2017. Division (d)(1)(E) amended; Ord. 202-18, Eff. 9/10/2018.

SEC. 206.9. 100% AFFORDABLE HOUSING AND EDUCATOR HOUSING STREAMLINING PROGRAM.

(a) Purpose. The purpose of the 100% Affordable Housing and Educator Housing Streamlining Program is to facilitate the construction and development of 100% Affordable Housing Projects and Affordable Educator Housing Projects, as defined in subsection (b), in which Residential Units are affordable to Very-Low, Low, and Moderate Income Households.

(b) Definitions. The definitions of Section 102 and the definitions in Section 401 for “Area Median Income” or “AMI,” “Housing Project,” and “Life of the Project,” shall generally apply to Section 206.9. The following definitions shall also apply, and shall prevail if there is a conflict with other sections of the Planning Code, including Section 206.2.

(1) “100% Affordable Housing.” Residential Units that are deed-restricted for 55 years or the Life of the Project, whichever is longer and consistent with any applicable tax credit regulatory requirements, to be affordable to Very-Low, Low, or Moderate income households with an income up to 120% of the unadjusted area median family income (AMI) for the HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco, as published annually by MOHCD.

(2) “100% Affordable Housing Project.” A project for the development of Residential Units all of which are 100% Affordable Housing, up to a maximum overall average of 80% AMI across all Residential Units in the project. A 100% Affordable Housing Project may also include principally permitted non-residential uses on the ground floor, and non-residential uses that are accessory to and supportive of the affordable housing. Notwithstanding the foregoing, the maximum affordable rent or sales price for a Residential Unit in a 100% Affordable Housing Project may be no higher than 20% below median market rents or sales prices for that unit size in the neighborhood in which the project is located, which neighborhood shall be defined in accordance with the American Community Survey Neighborhood Profile Boundaries Map. MOHCD shall determine the allowable rents and sales prices, and the eligible households for such units accordingly.

(3) “Educator Housing Project.” A project for the development of deed-restricted Residential Units all of which are restricted for the Life of the Project or 55 years, whichever is longer and consistent with any applicable tax credit regulatory requirements, to occupancy by at least one employee of the San Francisco Unified School District (“SFUSD”) or San Francisco Community College District (“SFCCD”), as verified by the Planning Department or MOHCD. At least four-fifths of the units in an Educator Housing Project must be deed restricted for the Life of the Project or 55 years, whichever is longer and consistent with any applicable tax credit regulatory requirements to be affordable to households with an income from 30% to 140% of the unadjusted area median family income (AMI), with an overall average of 100% AMI across all such units. Up to one-fifth of the units may be deed restricted up to a maximum 160% AMI for the HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco, as published annually by MOHCD. An Educator Housing Project is also allowed to be a mixed-use development project with a maximum 20% of the gross building square footage designated for non-residential neighborhood-serving uses.

oss all such units. Up to one-fifth of the units may be deed restricted up to a maximum 160% AMI for the HUD Metro Fair Market Rent Area (HMFA) that contains San Francisco, as published annually by MOHCD. An Educator Housing Project is also allowed to be a mixed-use development project with a maximum 20% of the gross building square footage designated for non-residential neighborhood-serving uses.

(A) No units in an Educator Housing Project shall be smaller than the minimum unit sizes set forth by the California Tax Credit Allocation Committee as of May 16, 2017, or smaller than 300 square feet for a studio.

(B) Any units in an Educator Housing Project with a rental rate set above 120% of Area Median Income shall have a minimum occupancy of two persons.

(C) Notwithstanding any other provision of this Code, an Educator Housing Project with a Development Application filed after January 14, 2020, shall include a minimum of 50% of the total units as 2-bedroom units or larger, with a minimum of 10% of the total units as 3-bedroom units or larger.

All references in this Section 206.9 to other sections of the Planning Code shall refer to those other sections as they may be amended from time to time after the effective date of the initiative measure enacting this Section 206.9.

(c) Applicability. A 100% Affordable Housing Project or Educator Housing Project under this Section 206.9 shall be a Housing Project that:

(1) is located in any zoning district that allows Residential Uses;

(2) is located on a lot or lots equal to or greater than 8,000 square feet or, in the alternative, is located on a parcel or parcels that contains a surface parking lot and does not demolish any existing buildings on such parcel or parcels other than buildings that are accessory to the surface parking lot use, such as a guard station or kiosk;

(3) is not located on land under the jurisdiction of the Recreation and Parks Department for the purpose of a public park;

(4) meets the definition of a “100 Percent Affordable Housing Project” or an “Educator Housing Project” in subsection (b); and

(5) does not demolish, remove, or convert any Residential Units, and does not include any other parcel that has any Residential Units that would be demolished, removed, or converted as part of the project.

(d) Density. Notwithstanding any other provisions of this Code, density of an 100% Affordable Housing Project or Educator Housing Project shall not be limited by lot area or zoning district maximums but rather by the applicable requirements and limitations set forth elsewhere in this Code, including consistency with the Affordable Housing Bonus Program Design Guidelines, referenced in Section 315.1, as determined by the Planning Department.

(e) Zoning Modifications. Notwithstanding any other provision of this Code, 100% Affordable Housing Projects and Educator Housing Projects may select any or all of the following Planning Code modifications:

(1) Rear Yard. The required rear yard per Section 134 or any applicable special use district may be reduced to no less than 15 feet. Rear yards shall be provided with an open area at the lowest story containing a Dwelling Unit, and at each succeeding level or story of the building. Projects located on corner parcels may meet the minimum rear yard requirement at the

interior corner of the property provided that each horizontal dimension of the open space is a minimum of 15 feet, and that the open area is wholly or partially contiguous to the existing midblock open space, if any, formed by the rear yards of adjacent properties, and provides for access to light and air to and views from adjacent properties.

(2) Open Space. The required common open space per Section 135 may be reduced to no less than 36 square feet of open space per unit.

(3) Inner Courts as Open Space. Inner courts qualifying as useable common open space per Section 135(g)(2) may be provided by courtyards with no less than 25 feet in every horizontal dimension, with no restriction on the heights of adjacent walls. All area within such an inner court shall qualify as common open space under Section 135.

(4) Dwelling Unit Exposure. The dwelling unit exposure requirements of Section 140(a)(2) may be satisfied through qualifying windows facing an unobstructed open area that is no less than 15 feet in every horizontal dimension, and such open area is not required to expand in every horizontal dimension at each subsequent floor.

(5) Required commercial space. Notwithstanding any other provision of this Code, any required ground-floor commercial space may include Arts Activities or NeighborhoodServing Businesses, as defined in Section 102. Ground floor commercial spaces accessory to the 100% Affordable Housing or Educator Housing Project shall not be limited by use size restrictions. Ground floor Arts Activities or Neighborhood-Serving Businesses shall be considered active uses if more than 50 percent of the linear street frontage provides transparent walls and direct pedestrian access to a public sidewalk, and are consistent with the Ground Floor Residential Design Guidelines.

(6) Ground Floor Ceiling Height. Projects with active ground floors, as defined in Section 145.1(b)(2), shall receive up to a maximum of an additional five feet above the height limit, exclusively to provide a minimum 14-foot (floor to ceiling) ground floor ceiling height.

(7) Projects located entirely or partially on a parcel or parcels designated on the San Francisco Zoning Map as open space (OS) that are not under the jurisdiction of the Recreation and Parks Department shall be deemed to have a height limit and a bulk designation of the closest zoning district that allows Residential Uses.

(8) Height. Projects that demonstrate to the satisfaction of the Environmental Review Officer that the project does not cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, and does not create new shadow in a manner that substantially affects outdoor recreation facilities or other public areas, shall be allowed additional height as follows:

(A) Projects located on a parcel or parcels with a height limit of 40 feet shall be allowed up to 10 additional feet above the parcel’s height district limit in order to provide one additional story of Residential Use. Exceptions under Section 260(b) shall apply to all such projects.

(B) Projects located on a parcel or parcels with a height limit of less than 40 feet shall be allowed up to 20 additional feet above the parcel’s height district limit in order to provide two additional stories of residential use. Exceptions under Section 260(b) shall apply to all such projects.

(f) Controls. Notwithstanding any other provision of this Code, no conditional use authorization shall be required for a 100% Affordable Housing Project and Educator Housing Project, unless the voters adopted such conditional use requirement.

(g) Authorization. Projects under this Section 206.9 shall be approved under the provisions set forth in Section 315.

(h) Amendment by Board of Supervisors. The Board of Supervisors by not less than two-thirds vote of all its members may by ordinance amend any part of this Section 206.9 if the amendment furthers the purpose of this Section.

(Added by Proposition E, 11/5/2019, Eff. 12/20/2019; amended by Ord. 289-19, File No. 191016, App. 12/20/2019, Eff. 1/20/2020, Oper. 1/20/2020; Ord. 137-20, File No. 191249, App. 8/28/2020, Eff. 9/28/2020; Ord. 138-20, File No. 200213, App. 8/28/2020, Eff. 9/28/2020)

AMENDMENT HISTORY

Divisions (b)(3)(B) and (C) amended; Ord. 289-19, Eff. 1/20/2020. Division (b)(3)(C) amended; Ord. 137-20, Eff. 9/28/2020. Division (c)(2) amended; divisions (e)(8)-(e)(8)(B) added; Ord. 138-20, Eff. 9/28/2020.

(a) Applicability. The density of Dwelling Units permitted in the various Districts shall be as set forth in the Zoning Control Table for the district in which the lot is located. The term “Dwelling Unit” is defined in Section 102 of this Code. In districts where no density limit is specified, density shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, bulk, setbacks, open space, exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review by the Planning Department.

(b) Rules for Calculating Dwelling Unit Density. In districts that establish a maximum dwelling unit density, the following rules shall apply in the calculation of dwelling unit density under this Code:

(1) A remaining fraction of one-half or more of the minimum of lot area per Dwelling Unit shall be adjusted upward to the next higher whole number of Dwelling Units.

(2) Where permitted by this Code, two or more of the dwelling and other housing uses specified in the Code may be located on a single lot, either in one structure or in separate structures, provided that the specified density limits are not exceeded by the total of such combined uses. Where Dwelling Units and Group Housing are combined, the maximum permitted density for Dwelling Units and for Group Housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot.

(3) Where any portion of a lot is narrower than five feet, such a portion shall not be counted as part of the lot area for purposes of calculating the permitted dwelling density.

(4) No private right-of-way used as the principal vehicular access to two or more lots shall be counted as part of the lot area of any such lot for purposes of calculating the permitted dwelling unit density.

(5) Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the Dwelling Units attributable to the district permitting the greater density shall be located in the district permitting the lesser density.

(6) In Neighborhood Commercial Districts, the dwelling unit density shall be at a density ratio not exceeding the number of Dwelling Units permitted in the nearest R District, provided that the maximum density ratio shall in no case be less than the amount set forth in the Zoning Control Table for the district in which the lot is located. The distance to each R District shall be measured either from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density.

(c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances:

(1) Affordable Units in Projects with 20% or More Affordable Units. For projects that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, where 20% or more of the Dwelling Units on-site are “Affordable Units,” the on-site Affordable Units shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk. For purposes of this Section 207, “Affordable Units” shall be defined as meeting (A) the criteria of Section 406(b); (B) the requirements of Section 415 et seq. for on-site units; or (C) restricted units in a project using California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC). If a project sponsor proposes to provide “Affordable Units” that are not restricted by any other program, in order to receive the benefit of the additional density permitted under this Subsection (c)(1) or Subsection (c)(2), the project sponsor shall elect and the Planning Department and MOHCD shall be authorized to enforce, restricting the units as affordable under Planning Code Section 415.6 up to a maximum of 25% of the units in the Principal Project. The project sponsor shall make such election through the procedures described in Section 415.5(g) including submitting an Affidavit of Compliance indicating the project sponsor’s election to pursue the benefits of Subsection (c)(1) or (c)(2) and committing to up to 25% on-site units restricted under Section 415.6 prior to approval by the Planning Commission or Planning Department staff. If a project sponsor obtains the exemption from the density calculation for Affordable Units provided in this subsection, the exemption shall be documented and recorded against the property under the terms of a Regulatory Agreement as defined under Section 206.2 and consistent with the provisions set forth in Section 206.6(f)(4). Any later request to decrease the number of Affordable Units shall require the project to go back to the Planning Commission or Planning Department, whichever entity approved the project as a whole.

(2) Affordable Units in RTO Districts. In the RTO District, on site Dwelling Units that are “Affordable Units,” as defined in Subsection (a), shall not count toward density calculations or be limited by lot area.

(3) Double Density for Senior Housing in RH, RM, RC, and NC Districts. Senior Housing, as defined in and meeting all the criteria and conditions defined in Section 102 of this Code, is permitted up to twice the dwelling unit density otherwise permitted for the District.

(4) The exception to Dwelling Unit density limits for certain Accessory Dwelling Units under the City’s Local Accessory Dwelling Unit Program is set forth in Section 207.1 of this Code.

(J) [4 ] Notification. Prior to submitting an application to construct an ADU under this subsection (c)(4), the property owner shall cause a notice describing the proposed project to be posted in an accessible common area of the building for at least 15 calendar days prior to submitting an application to construct an ADU, and shall cause said notice to be mailed or delivered to each unit (including unauthorized units) at the subject property, also at least 15 calendar days prior to submitting the application. The property owner shall submit proof of these notices to the Planning Department as part of the application to construct an ADU. These notices shall have a format and content determined by the Zoning Administrator, and shall generally describe the project, including the number and location of the proposed ADU(s), and shall include a copy of the written declaration required by subsection (c)(4)(C)(iii). These notices shall also include instructions on how a tenant may petition the Rent Board for a written determination on the declaration as set forth in subsection (c)(4)(C)(iii), including the deadline for filing such petition, which shall be 30 calendar days after the notice has been provided. These notices shall also describe how to obtain additional information regarding the project and shall provide contact information for the Planning Department that complies with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code,

to provide vital information about the Planning Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.

(5) On-site Units in Group Housing Projects. For On-site Units in Group Housing projects subject to Section 415.6 that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, the On-site Units in Group Housing projects subject to Section 415.6 shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk.

(6) The exception to Dwelling Unit density limits for certain Accessory Dwelling Units under the State-Mandated Accessory Dwelling Unit Program is set forth in Section 207.2 of this Code.

(7) A Designated Child Care Unit that meets all the applicable standards of Planning Code Section 414A.6 shall not count towards the calculation of maximum density permitted on the site.

(8) Residential Density Exception in RH Districts.

(A) Density Exception. Projects located in RH Districts that are not seeking or receiving a density bonus under the provisions of Planning Code Section 206.5 or 206.6 shall receive an exception from residential density limits in the following amounts not inclusive of any Accessory Dwelling Units as permitted under this Section 207, provided that the project meets the requirements set forth in this subsection (c)(8):

(i) Up to four units per lot, excluding Corner Lots.

(ii) Up to six units for Corner Lots [5]

(iii) Up to one Group Housing Room per 415 sq. ft. of lot area in RH-1, RH-1(D), and RH-1(S) zoning districts.

(B) Eligibility of Historic Resources. To receive the density exception authorized under this subsection (c)(8), a project must demonstrate to the satisfaction of the Environmental Review Officer that it does not cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, as may be amended from time to time. Permit fees for pre-application Historic Resource Assessments shall be waived for property owners who apply to obtain a density exception under this subsection (c)(8), if they sign an affidavit stating their intent to reside on the property for a period of three years after the issuance of the Certificate of Final Completion and Occupancy for the new dwelling units. Permit fees for Historic Resource Determinations shall not be waived.

(C) Applicable Standards. All building standards shall apply in accordance with the applicable zoning district as set forth in Section 209.1.

(D) Unit Replacement Requirements. Projects utilizing the density exception of this subsection (c)(8) shall comply with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time, including but not limited to requirements to produce at least as many dwelling units as the projects would demolish; to replace all protected units; and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein. In the case of Group Housing, projects utilizing this density exception shall provide at least as many bedrooms as the project would demolish.

the projects would demolish; to replace all protected units; and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein. In the case of Group Housing, projects utilizing this density exception shall provide at least as many bedrooms as the project would demolish.

(E) Applicability of Rent Ordinance; Regulatory Agreements. Project sponsors of projects utilizing the density exception of this subsection (c)(8) shall enter into a regulatory agreement with the City, subjecting the new units or Group Housing rooms created pursuant to the exception to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (i) a statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq. ) because, under Section 1954.52(b), the property owner has entered into and agreed to the terms of this agreement with the City in consideration of an exception from residential density limits of up to four dwelling units per lot, or up to six units per lot in Corner Lots, or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. ; (ii) a description of the exception of residential density or other direct financial contribution or form of assistance provided to the property owner; and (iii) a description of the remedies for breach of the agreement and other provisions to ensure implementation and compliance with the agreement. The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Regulatory Agreement, which shall be reviewed and approved by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code. Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded to the title records in the Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable to the new units on a publicly-accessible website.

(F) Unit Sizes. At least one of the dwelling units resulting from the density exception shall have two or more bedrooms or shall have a square footage equal to no less than 1/3 of the floor area of the largest unit on the lot. This provision does not apply to projects where all of the units qualify as Group Housing.

(G) Eligibility. To receive the density exception authorized under this subsection (c)(8), property owners must demonstrate that they have owned the lot for which they are seeking the density exception for a minimum of one year prior to the time of the submittal of their application. For the purposes of establishing eligibility to receive a density exception according to subsection (c)(8)(B), a property owner who has inherited the subject lot, including any inheritance in or through a trust, from a blood, adoptive, or step family relationship, specifically from either (i) a grandparent, parent, sibling, child, or grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the property owner’s spouse or registered domestic partner (each an “Eligible Predecessor”), may add an Eligible Predecessor’s duration of ownership of the subject lot to the property owner’s duration of ownership of the same lot. This subsection 207(c)(8)(G) shall only apply if at the time of submittal of the application the subject lot contains two dwelling units or more.

(H) Annual Report on Housing Affordability, Racial Equity, and Language Access Goals. To help the City evaluate whether the implementation of this Section 207(c)(8) comports with the City’s housing affordability, racial equity, and language access goals, each year the Planning Department, in consultation with other City departments including the Department of Building Inspection, the Rent Board, and the Office of the Assessor-Recorder, shall prepare a report addressing the characteristics and demographics of the applicants to and participants in the program established in said section; the number of units permitted and constructed through this program; the geographic distribution, affordability, and construction costs of those units; and the number of tenants that vacated or were evicted from properties as a result of the permitting or construction of units through this program (“Affordability and Equity Report”). The Affordability and Equity Report shall be included and identified in the annual Housing Inventory Report. The Planning Department shall prepare the report utilizing applicant data that has been provided by program applicants voluntarily and anonymously, and separate from the submittal of an application for a density exception. An applicant’s decision to provide or decline to provide the information requested by the Planning Department in order to prepare the report shall have no bearing on the applicant’s receipt of a density exception.

(9) [3 ] Replacing Auto-Oriented Uses with Housing.

(A) Purpose. The purpose of this subsection (c)(9) is to encourage housing development on parcels that are being used for Auto-Oriented Uses, with the goal of easing the City’s housing shortage while addressing the adverse impacts that automobiles have on climate change, pedestrian safety, and livability.

(B) Definition. For the purposes of this subsection (c)(9), an Auto-Oriented Use shall mean any parcel that has, or had as its last permitted use, an accessory parking lot or garage, or any use defined as an Automotive Use in Planning Code Section 102.

(C) Applicability. This subsection (c)(9) shall apply to all properties (i) with an Auto-Oriented Use on which a residential use is permitted as a Principal Use but does not contain a Residential Use, and which also (ii) have not had a Legacy Business, as defined in Administrative Code Section 2A.242(b), on the site for four years prior to submittal of an application under this subsection (c)(9). Notwithstanding the previous sentence, this subsection (c)(9) shall not apply to properties located in RM or RC districts, or to properties located in a designated historic district under Article 10 of this Code. Sites that contain a business that has been nominated for inclusion in the Legacy Business Registry shall be ineligible for this subsection (c) (9), unless the Small Business Commission finally determines that such business does not meet the criteria for a Legacy Business under Administrative Code section 2A.242(b).

(D) Density Controls. Notwithstanding any other provision of this Code, eligible properties shall be subject to the following density controls:

(i) Eligible Sites in RH Zoning Districts: Four Dwelling Units per lot as a Principally Permitted use.

(ii) Eligible Sites in Other Zoning Districts: Density shall be regulated by the permitted height and bulk, and required setbacks, exposure, open space, and any adopted design standards or guidelines for each parcel as a Principally Permitted Use. Notwithstanding any contrary provision of this Code, projects using this subsection (c)(9) may also seek a density bonus under Section 206.6.

(E) Conditional Use. Any other Conditional Use required by this Code that is not related to permitted residential density shall continue to apply.

(F) Parking Requirements.

(i) Residential Parking. Proposed projects using the density exception in this subsection (c)(9) are subject to the following parking controls:

P: up to 0.25 parking spaces per residential unit

C: up to 0.5 parking spaces per unit

NP: above 0.5 spaces per unit

(ii) Non-Residential Parking. Notwithstanding any other provision of this Code, up to 75% of Non-Residential Parking otherwise allowed by this Code shall be permitted for projects using the density exception in this subsection (c)(9).

(G) Review of Program and Limit on Number of Residential Units. The Planning Department shall include the number and location of projects using this subsection (c)(9) and number of units provided in such projects in the Housing Inventory Report. This subsection (c)(9) shall remain in effect until the Planning Department approves a total of 5,000 residential

units under the authority of this subsection (c)(9). When the Planning Director certifies in writing that the Planning Department has approved 5,000 residential units under this subsection 207(c)(9), the subsection shall expire by operation of law, and the City Attorney shall cause the subsection to be removed from the Planning Code.

(Amended by Ord. 155-84, App. 4/11/84; Ord. 115-90, App. 4/6/90; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15, File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15, File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 164-15, File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 162-16, File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 95-17, File No. 170125, App. 5/12/2017, Eff. 6/11/2017; Ord. 162-17,, File No. 170434, App. 7/27/2017, Eff. 8/26/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 202- 18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 208-21, File No. 210699, App. 11/12/2021, Eff. 12/13/2021; Ord. 209-21, File No. 210808, App. 11/19/2021, Eff. 12/20/21; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 210-22, File No. 210866, App. 10/28/2022, Eff. 11/28/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025)

AMENDMENT HISTORY

[Section header and section amended; Ord. 22-15, Eff. 3/22/2015. Section header amended; former section amended and designated as current division (a); former Sec. 207.1 amended and designated as divisions (b) and (c) of this section see that

section for its prior legislative history]; Ord. 30-15, Eff. 4/25/2015. Divisions (c)(1), (c)(4)(A)-(C) and [former] (c)(4)(D) amended; Ords. 161-15 and 162-15, Eff. 10/18/2015 [see Editor's Note below]. Division (c) amended; division (c)(5) [1]

added; Ord. 164-15, Eff. 10/23/2015. Divisions (b)(1) and (b)(6) amended; Ord. 188-15, Eff. 12/4/2015. Divisions (c)(4), (c)(4)(B), and (c)(4)(C) amended; new divisions (c)(4)(D)-(I) added; former division (c)(4)(D) redesignated as (c)(4)(I) and

amended; division (c)(5) [1 ] added; Ord. 162-16, Eff. 9/3/2016. Divisions (a), (c), (c)(4), (c)(4)(A), (B), (F), (F)(iii) amended; divisions (c)(4)(B)(i) - (v) and (c)(6)(C) - (F) added; division (c)(5) [1] redesignated as (c)(6); division (c)(5)(C) [1]

redesignated as (c)(6)(G) and amended; Ord. 95-17, Eff. 6/11/2017. Divisions (c)(4)(B), (c)(4)(B)(ii) and (iii), (c)(4)(C)(i)-(iii) and (vi) amended; division (c)(4)(F)(iv) added; division (c)(6)(B) deleted; divisions (c)(6)(C)-(G) redesignated as (c) (6)(B)-(F) and current divisions (c)(6)(B), (c)(6)(B)(i), (c)(6)(B)(iii), (c)(6)(B)(v), (c)(6)(B)(vi), and (c)(6)(C) amended; Ord. 162-17, Eff. 8/26/2017. Divisions (c)(4)(B)(iii), (c)(4)(B)(v), (c)(4)(C)(i), (c)(4)(C)(ii) amended; new divisions (c)(4) (C)(iii) and (iv) added; former divisions (c)(4)(C)(iii)-(vi) redesignated as (c)(4)(C)(v)-(viii); divisions (c)(4)(G), (c)(4)(H)(i), (c)(4)(H)(iv), (c)(4)(I)(ii), (c)(6)(A), (c)(6)(B)(i), and (c)(6)(B)(iii) amended; divisions (c)(6)(B)(x) and (xi) added; divisions (c)(6)(C) and (c)(6)(E)(ii) amended; Ord. 195-18, Eff. 9/10/2018. Divisions (c)(6)(B)(i) and (c)(6)(C) amended; Ord. 202-18, Eff. 9/10/2018. Division (c)(4)(C)(viii) amended; division (c)(7) added; Ord. 7-19, Eff. 2/25/2019. Divisions (c)(4), (c)(4)(B)(ii)-(iii), (c)(4)(C), (c)(4)(C)(i), (ii), and (iv), (c)(4)(E), (c)(4)(F)(i)-(iv), (c)(4)(G), (c)(4)(H)(i) and (iv), (c)(6)-(c)(6)(B), (c)(6)(B)(iii)-(v) and (x) amended; division (c)(6)(B)(xii) added; division (c)(6)(C) amended; division (c)(6) (D) added; former divisions (c)(6)(D)-(F) redesignated as (c)(6)(E)- (G); divisions (c)(6)(H)-(c)(6)(H)(viii) added; Ord. 116-19, Eff. 7/29/2019. Divisions (c)(4), (c)(4)(B)(iii), (c)(6)(B)(x), and (c)(6)(H)(ii) amended; Ord. 63-20, Eff. 5/25/2020. Division (c)(4)(C)(i) amended as (c)(4)(C)(i) and (ii); new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(ii)-(viii) redesignated as (c)(4)(C)(v)-(xi); divisions (c)(4)(C)(v), (viii), and (x) amended; division (c)(4)(J) added; Ord.

208-21, Eff. 12/13/2021. Second division (c)(4)(C)(ix) [2 ] added following current division (c)(4)(C)(xi); Ord. 209-21, Eff. 12/20/2021. Division (c)(1) amended; Ord. 210-21, Eff. 12/20/2021. Divisions (c)(8) - (c)(8)(H) added; Ord. 210-22, Eff.

Eff. 12/13/2021. Second division (c)(4)(C)(ix)](https://sfbos.org/sites/default/files/o0208-21.pdf) [2 ] added following current division (c)(4)(C)(xi); Ord. 209-21, Eff. 12/20/2021. Division (c)(1) amended; Ord. 210-21, Eff. 12/20/2021. Divisions (c)(8) - (c)(8)(H) added; Ord. 210-22, Eff.

11/28/2022. Divisions (c)(9)-(c)(9)(G) [3] added; Ord. 264-22, Eff. 1/22/2023. Divisions (c)(4), (c)(4)(B), (c)(4)(C) - (c)(4)(C)(ii), and (c)(4)(C)(v)-(vii) amended; divisions (c)(4)(C)(viii) - second (ix) [2] amended as (c)(4)(C)(ix) - (xiii); divisions (c) (4)(D)-(F), (c)(4)(F)(iv), (c)(4)(G), (c)(4)(I)(ii)-(iii), and (c)(6)-(c)(6)(B) amended; divisions (c)(6)(B)(iv)-(v) and (viii)-(ix) amended as (c)(6)(B)(i)-(iv); divisions (c)(4)(B)(i)-(v), (c)(6)(B)(i)-(iii), (vi)-(vii), and (x)-(xii), and (c)(6)(C)-(H)(viii) deleted; divisions (c)(4)(C)(viii), (xiv), and (xv)-(xv)b., and (c)(6)(C)-(K) added; Ord. 53-23, Eff. 5/22/2023. Divisions (c)(3)(A)-(B) deleted; divisions (c)(8)(A) and (c)(8)(C)-(G) amended; divisions (c)(8)(A)(i)-(iii) added; Ord. 248-23, Eff. 1/14/2024. Divisions (c)(4) and (c)(6) amended; divisions (c)(4)(A)-(I)(iii) and (c)(6)(A)-(K) deleted; Ord. 62-24, Eff. 4/28/2024. Division (c)(8)(E) amended; Ord. 170-25, Eff. 10/6/2025.

CODIFICATION NOTES

1. Division (c)(6) was originally added as division (c)(5) by Ord. 162-16, Eff. 9/3/2016. Because Ord. 164-15, Eff. 10/23/2015, had already added a division (c)(5), the newer division (c)(5) was redesignated as division (c)(6) by Ord. 95-17, Eff. 6/11/2017. Division (c)(6) was later replaced by Ord. 62-24.

2. So in Ord. 209-21.

3. Division (c)(9) was originally added as division (c)(8) by Ord. 264-22. Because Ord. 201-22 had already added a division (c)(8), the publisher has editorially redesignated the newer division (c)(8) as (c)(9).

4. So in Ord. 62-24.

5. So in Ord. 248-23.

Editor's Notes:

As documented in the history notes above, this section was amended by two ordinances enacted concurrently, Ords. 161-15 and 162-15, both effective on 10/18/2015. The ordinances contained a number of overlapping amendments, with the primary distinction between them being the addition of references to two different specific Board of Supervisors Districts. (Those references were deleted by subsequent amendments.) The second of the two concurrent ordinances expressly provides that:

The Board intends that, if adopted, the additions and deletions shown in both ordinances be given effect so that the substance of each ordinance be given full force and effect. To this end, the Board directs the City Attorney's Office and the publisher to harmonize the provisions of each ordinance.

See Section 9 of Ord. 162-15. The editor set out this section in accordance with the Board's direction to harmonize the two ordinances.

As a separate matter, Ord. 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015).

(See Interpretations related to this Section.)

The density limitations for Group Housing or Homeless Shelters, as described in Sections 102 and 890.88(b) and (c) of this Code, shall be as follows:

(a) For Group Housing, the maximum number of Bedrooms on each Lot shall be as specified in the Zoning Control Table for the District in which the Lot is located, except that in RTO, RTO-M, RCD, UMU, MUG, WMUG, MUR, MUO, CMUO, WMUO, RED, RED-MX, SPD, DTR, and all NCT Districts the density of Group Housing shall not be limited by lot area, and except that for Lots in NC Districts, the group housing density shall not exceed the number of Bedrooms permitted in the nearest R District provided that the maximum density not be less than the amount permitted by the ratio specified for the NC District in which the lot is located. For Homeless Shelters, the maximum number of beds on each lot shall be regulated pursuant to the requirements of the Standards of Care for City Shelters contained in Administrative Code, Chapter 20, Article XIII, in addition to the applicable requirements of the Building Code and Fire Code.

(b) For purposes of calculating the maximum density for Group Housing as set forth in this Section 208, the number of Bedrooms on a lot shall in no case be considered to be less than one Bedroom for each two beds. Where the actual number of beds exceeds an average of two beds for each Bedroom, each two beds shall be considered equivalent to one Bedroom.

(c) The rules for calculating dwelling unit density set forth in Section 207 shall also apply in calculating the density limits for Group Housing.

(d) The group housing density in all RTO Districts and all NCT Districts, as listed in Section 702.1(b), shall not be limited by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, and exposure, as well as by the Residential Design Guidelines in RTO Districts, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department.

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15, File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Division (a) and [former] Table 208 amended; Ord. 42-13, Eff. 4/27/2013. Section header, undesignated introductory paragraph, and division (a) amended; Ord. 14-15, Eff. 3/15/2015. Undesignated introductory paragraph and division (a) amended; former Table 208 deleted; division (b) amended; Ord. 22-15, Eff. 3/22/2015. Division (c) amended; Ord. 30-15, Eff. 4/25/2015. Nonsubstantive changes; Ord. 188-15, Eff. 12/4/2015. Undesignated introductory paragraph amended; Ord. 129-17,, Eff. 7/30/2017. Undesignated introductory paragraph and division (a) amended; Ord. 296-18, Eff. 1/12/2019.

The following statements of description and purpose outline the main functions of the Residential and Residential-Commercial (Residential) Districts in the zoning plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code.

(a) Purpose. These Districts are established for purposes of implementing the Residence element and other elements of the General Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:

(1) Preservation, improvement and maintenance of the existing housing stock through protection of neighborhood environments and encouragement of sound ownership practices and rehabilitation efforts;

(2) Recognition and protection of the architectural characteristics and densities of existing residential areas;

(3) Maximizing of housing choice by assuring the availability of quality owner and rental housing of various kinds, suitable for a whole range of household types, lifestyles and economic levels;

(4) Encouragement of residential development that will meet outstanding community needs, provide adequate indoor and outdoor spaces for its occupants, and relate well to the character and scale of existing neighborhoods and structures; and

(5) Promotion of balanced and convenient neighborhoods having appropriate public improvements and services, suitable nonresidential activities that are compatible with housing and meet the needs of residents, and other amenities that contribute to the livability of residential areas.

(b) Uses and Features Permitted in Residential and Residential-Commercial Districts. The uses and features permitted in Residential and Residential-Commercial Districts are listed in the Zoning Control Tables in Sections 209.1 through 209.4.

(Amended as Sec. 206 by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Former Sec. 209 added by Ord. 532-85, 1985; amended by Ord. 443-78, App. 10/6/78; Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Former Sec. 206 redesignated as Sec. 209; section header amended; undesignated introductory paragraph amended and portion thereof designated as current division (a); former divisions (a)-(e) redesignated as (a)(1)-(5); former undesignated concluding paragraph deleted; division (b) added; Ord. 22-15, Eff. 3/22/2015.

The following statements of description and purpose outline the main functions of the C (Commercial), M (Industrial), and PDR (Production, Distribution, and Repair) Districts in the Zoning Plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code. The emphasis, in the case of these districts, is upon the allocation of adequate areas in proper locations for the carrying on of business and industry to serve City, regional and national needs and provide San Francisco with a sound and growing economic base.

(Amended by Ord. 136-68, App. 5/29/68; Ord. 69-87, App. 3/13/87; Ord. 115-90, App. 4/6/90; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008)

In order to preserve land and building space for light industrial activities, certain non-accessory Retail and Office Uses that exceed the square footage stated in the table below shall not be permitted in PDR-1-B and PDR-2 Districts. The use area shall be measured as the Occupied Floor Area of all retail or offices activities on a lot that have a (1) or (2) in the respective zoning district's use control column in Table 210.3 (Zoning Control Table for PDR Districts). Additionally, a cumulative use size maximum applies in PDR-1-B and PDR-2 Districts, such that the combined floor area of any and all uses permitted by Table 210.3 with a (1) or (2) in the respective zoning district’s use control column may not exceed the limits stated in the table below for any given lot. The size limits in this Section 210.3A shall not apply to uses permitted by Table 210.3 that do not have a (1) or (2) in the respective zoning district’s use control column.

These use size maximum limits shall not apply to accessory uses, as defined in Section 204.3 of this Code.

Table 210.3A

(Added by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 164-20, File No. 200852, App. 9/24/2020, Eff. 10/25/2020, Oper. 10/25/2020)

AMENDMENT HISTORY

Section header added; Ord. 188-15, Eff. 12/4/2015. First introductory paragraph amended; Ord. 164-2, Oper. 10/25/2020.

In order for a proposed project to receive a Conditional Use authorization for the provision of office space in landmark buildings in the PDR-1-D and PDR-1-G Districts:

(a) The applicant must submit a Historic Structures Report (HSR) to the Planning Department.

(1) The scope of the HSR will be developed in consultation with Planning Department Staff.

(2) The HSR must be prepared by a licensed historic architect who meets the Secretary of the Interior's Professional Qualification Standards.

(b) The Historic Preservation Commission shall review the HSR for the proposed project's ability to enhance the feasibility of preserving the building.

(c) The Historic Preservation Commission shall review the proposal, including any proposed work related to the change in use, for its compliance with the Secretary of the Interior's Standards (36 C.F.R. § 67.7 (2001)).

(d) The Planning Commission shall consider the following Conditional Use criteria, in addition to the criteria set forth in Section 303(c) and (d):

(1) The Historic Preservation Commission's assessment of the proposed project's ability to enhance the feasibility of preserving the building;

(2) The Historic Preservation Commission's assessment of the proposed project's compliance with the Secretary of the Interior's Standards;

(3) The economic need for the improvements relative to preservation of the building;

(4) The ability for the office tenants to be physically compatible with the PDR tenants;

(5) The relocation strategy for any displaced PDR tenants; and

(6) The impact of the proposed change on the surrounding community.

(e) Vertical Controls. Office Uses approved under this Section shall comply with the Vertical Controls for Office Uses in Section 803.9.

(Added as Sec. 219.2 by Ord. 26-15, File No. 140876, App. 3/6/2015, Eff. 4/5/2015; redesignated and amended by Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Section redesignated; section header amended; division (e) added; Ord. 188-15, Eff. 12/4/2015.

(a) Purpose. The purpose of this provision is to support the increase in the overall stock of PDR space in the City. Despite consistent and growing demand for PDR space in San Francisco, the economics of building new PDR space are very challenging, even in PDR zoning districts where these uses do not compete for land with other more economically-attractive uses. One way to make such development economically viable is to utilize the value of other non-residential space, such as office and institutional uses, to subsidize the construction of PDR space on properties that are largely vacant or substantially underutilized and that do not contain significant PDR space that would be demolished.

(b) Geography. This provision applies to parcels that meet all of the following criteria:

(1) Are located in either the PDR-1-D or PDR-1-G Districts;

(2) Are located north of 20th Street;

(3) Contain a floor area ratio of 0.3 gross floor area or less as of January 1, 2014; and

(4) Are 20,000 square feet or larger.

(c) [1 ] Controls. The Planning Commission may permit, per the procedures described below in subsection (d), non-PDR uses on the subject lot pursuant to the following provisions:

(1) At least one-third of the total Gross Floor Area developed on the parcel shall contain PDR Uses.

(2) For purposes of this subsection (c), every square foot of Small Enterprise Workspace shall count as 0.5 square feet of PDR space and 0.5 square feet of non-PDR space as specified in subsection (c)(3) below.

(3) The non-PDR space may contain one or a combination of the following uses:

(A) Office Uses;

(B) Institutional Uses, except for Hospitals; and/or

(C) Gym use, as defined in Section 102; and/or

(D) Any use otherwise Principally Permitted in the underlying PDR district.

(4) Uses other than those listed in subsections (c)(2) and (c)(3) above, such as Retail, are subject to the controls of the underlying district.

(5) No Residential Uses are permitted, even as part of an Institutional Use, except as allowed as Accessory Uses pursuant to Section 204.4.

(6) The PDR space in any building must be served by:

(A) Sufficient off-street loading, and

(B) One or more freight elevators, in accordance with Planning Code Section 155(j).

(7) The project shall meet the Transpor- tation Management Program requirements of Section 163(c) of the Planning Code.

(8) Accessory parking for Uses listed in subsection (c)(2) above may be permitted up to one space per each 1,500 square feet of Occupied Floor Area, and all such parking shall be subject to the pricing requirements of Section 155(g) of the Planning Code.

(9) The project sponsor must develop a "PDR Business Plan." The purpose of this PDR Business Plan is to maximize the potential for the project to produce new PDR space that is viable and affordable. The features of the PDR Business Plan should include, but are not limited to:

(A) Overall strategy to incorporate PDR businesses, including specifying which kinds of PDR businesses are the target for the development;

(B) A description of the kinds of non-PDR businesses intended for the site and a plan for how they will co-exist with the PDR businesses and any strategies required to achieve this balance;

(C) A description of how the site's marketing and outreach plan will effectively target these same PDR businesses;

(D) A description of how the development's design is suited to PDR businesses;

(E) A description of the rent/purchase price proposed by the developer for the PDR spaces and the approach to keep these rents affordable to PDR tenants over time;

(F) A detailed overview of the workforce and hiring strategy for the PDR businesses on the site, as well as for the non-PDR businesses, including how the project sponsor will abide by City programs such as the First Source Hiring Program; how the project sponsor might utilize other local, State, and federal subsidized hiring programs such as work opportunity tax credits, Jobs Now!, Hire SF, and the California employment tax credit set forth in Chapter 93 of the California 2013-2014 legislative session; and how the project sponsor will inform its tenants about other relevant public programs; and,

(G) A detailed community outreach plan, including a plan for engaging any specific community partners in the development, tenanting of the project, and ongoing management of the PDR portions of the property.

(10) The first Certificate of Occupancy for the PDR portion of the development must be issued by the Department of Building Inspection before or concurrently with the first Certificate of Occupancy for the non-PDR portion of the development unless the PDR and non-PDR portions are part of a single site or building permit.

(d) Referral to OEWD. Upon receiving an application for a project under this Section 210.3C, the Planning Department shall inform the Director of the Office of Economic and Workforce Development (OEWD) or successor agency, so that OEWD may inform the project sponsor of existing programs and requirements relevant to PDR businesses, including any existing economic incentive and hiring programs.

(e) Approvals.

(1) All projects seeking entitlement pursuant to this Section 210.3C shall be required to receive a Conditional Use authorization, per Section 303 of the Planning Code. In evaluating a proposed authorization under this Section, the Planning Commission shall consider:

(A) The likely viability of the new PDR space created by the development, as influenced by such factors as the content of the project sponsor's PDR Business Plan, and whether the project sponsor has the commitments of established PDR tenants and/or a demonstrated relationship with organizations established in the PDR community.

(B) Whether the project is an appropriate location and intensity for the proposed non-PDR use, including but not limited to whether the location of non-PDR uses would be compatible with or disruptive to PDR uses on the site and in the vicinity, recognizing that PDR uses may generate noise, vibrations, odors, trucking activity, or other PDR-related operational characteristics.

(2) A Notice of Special Restriction (“NSR”) shall be recorded on the title of any property receiving approval under this Section 210.3C. Such NSR shall:

(A) Designate the PDR portion of parcel, building, and/or development;

(B) State that the proportion of Gross Floor Area on the site dedicated to PDR uses shall never be less than one-third of the total Gross Floor Area on the parcel, including any future building or use alterations or expansions;

(C) Require the property owner to submit an annual report to the Planning Department and OEWD, on or before January 31 of each year, starting in the year after the Department of Building Inspection issues the first Certificate of Occupancy that applies to the PDR portion of the development, describing the status of the implementation of its PDR Business Plan, identifying PDR tenants on the property during the prior year, describing the rents for the PDR portions of the property and any lease terms, and providing information on their respective square footages, number of employees, contact information for each tenant, a description of the business or industry characteristics of each business, and the PDR space vacancy on the parcel as of the date of each report;

(D) Provide the Planning Department with the ability to enforce the provisions of this Section; and,

(E) Restrict the ability of the non-PDR portion of the development from limiting the PDR portion from undertaking activities necessary to maintain PDR business operations in such matters as trucking and noise generation.

(f) Uses Established Under This Section. Notwithstanding any contrary provision of this Code, Office Uses established pursuant to this Section 210.3C shall be deemed Codeconforming uses after the expiration of this Section and such uses shall not constitute nonconforming uses under the provisions of Article 1.7.

(Added as Sec. 219.1 by Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; redesignated and amended by Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; amended by Ord. 105-17, File No. 170156, App. 5/26/2017, Eff. 6/25/2017; Ord. 145-18, File No. 180187, App. 6/27/2018, Eff. 7/28/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 111-21, File No. 210285, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Division (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Section redesignated; divisions (c)(1), (c)(3)(A), (c)(3)(B), (e), and (g) amended; Ord. 188-15, Eff. 12/4/2015. Divisions (c)(3)–(c)(3)(B) and (c)(5) amended; division (c)(3)(C) added; Ord. 105-17, Eff. 6/25/2017. Divisions (c), (c)(2), (c)(4), (c)(6)(B), (c)(8), (c)(9)(E)-(F), (e)(2), (e)(2)(C), and (e)(2)(D) amended; former division (f) deleted; former division (g) redesignated as division (f); Ord. 145-18, Eff. 7/28/2018. Divisions (c)-(c) (2), (c)(3)(A)-(c)(5), (c)(8), (d), (e)(2), and (e)(2)(B) amended; Ord. 202-18, Eff. 9/10/2018. Division (c)(3)(C) amended; division (c)(3)(D) added; Ord. 111-21, Eff. 9/4/2021.

CODIFICATION NOTE

1. Ordinance 71-14 included erroneously duplicated language in divisions (b) and (c) of this section. For clarity, the City Attorney removed the duplicative text when the ordinance was codified.

(a) In addition to the use districts otherwise established by this Code, there shall also be in the City a Public Use District herein referred to as a "P District," to apply to land that is owned by a governmental agency and in some form of public use, including open space.

(b) The purpose of designating such land as a P District on the Zoning Map is to relate the Zoning Map to actual land use and to the General Plan with respect to such land. Any lot in a P District may be occupied by a principal use listed in Section 211.1, or by a conditional use listed in Section 211.2, subject to applicable regulations of this Code. Principal uses not identified under Sections 211.1 or 211.2 of this Code are not permitted in any P District.

(Amended as Sec. 234 by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 80-14, File No. 140062, App. 6/13/2014, Eff. 7/13/2014; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; amended by Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Section amended; Ord. 80-14, Eff. 7/13/2014. Section redesignated; division (b) amended; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015. Division (b) amended; Ord. 188-15, Eff. 12/4/2015.

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 297-10, File No. 101351, App. 12/3/2010; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 287-13, File No. 130041, App. 12/26/2013, Eff. 1/25/2014; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 99-08, File No. 080339, App. 6/11/2008; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 47-92, App. 2/14/92; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 14-15, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 225-06, File No. 060032, Effective without the signature of the Mayor; Ord. 225-07, File No. 070677, App. 10/2/2007; Ord. 90-08, File No. 080232, App. 5/21/2008; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 182-12, File No. 120665, App.

8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 414-85, App. 9/17/85; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 3-79, App. 1/5/79; Ord. 115-90, App. 4/6/90; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 84-10, File No. 091453, App. 4/22/2010; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Added by Ord. 136-68, App. 5/29/68; amended by Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 239-69, App. 7/29/69; Ord. 357-95, App. 11/15/95; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 282-08, File No. 081058, App. 12/5/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 182-12, File No. 120665, App. 8/8/2012, Eff. 9/7/2012; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(Amended by Ord. 414-85, App. 9/17/85; Ord. 412-88, App. 9/10/88; Ord. 15-98, App. 1/16/98; Ord. 112-98, App. 4/2/98; Ord. 77-02, File No. 011448, App. 5/24/2002; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 99-08, File No. 080339, App. 6/11/2008; Ord. 244-08, File No. 080567, App. 10/30/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 151-09, File No. 090141, App. 7/10/2009; Ord. 3-10, File No. 090962, App. 1/15/2010; Ord. 66-11, File No. 101537, App. 4/20/2011, Eff. 5/20/2011; Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 71-14, File No. 131205, App. 5/23/2014, Eff. 6/22/2014; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Added by Ord. 288-91, App. 7/22/91; amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012; redesignated as Sec. 202.5 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

SEC. 228.1. [REDESIGNATED.]

(Added by Ord. 288-91, App. 7/22/91; redesignated as Sec. 228(b) and amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012)

SEC. 228.2. [REDESIGNATED.]

(See Interpretations related to this Section.)

(Added by Ord. 288-91, App. 7/22/91; redesignated as Sec. 228(c) and amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012)

SEC. 228.3. [REDESIGNATED.]

(Added by Ord. 288-91, App. 7/22/91; amended by Ord. 185-92, App. 6/22/92; redesignated as Sec. 228(d) and amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012)

SEC. 228.4. [REDESIGNATED.]

(Added by Ord. 288-91, App. 7/22/91; amended by Ord. 185-92, App. 6/22/92; Ord. 180-95, App. 6/2/95; redesignated as Sec. 228(e) and amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012)

SEC. 228.5. [REDESIGNATED.]

(Added by Ord. 288-91, App. 7/22/91; redesignated as Sec. 228(f) and amended by Ord. 173-12, File No. 120471, App. 8/2/2012, Eff. 9/1/2012)

(Added by Ord. 420-97, App. 11/7/97; redesignated as Sec. 202.2(b) and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Added as Sec. 231A by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated as Sec. 230 and amended by Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; redesignated as Sec. 202.7 and amended; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

(a) Purpose. Corner stores enhance and support the character and traditional pattern of development in San Francisco. These small neighborhood-oriented establishments provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short walking distance of their homes. These uses tend to be small in scale, to serve primarily walk-in trade, and cause minimum interference with nearby streets and properties. These uses are permitted only on the ground floor of corner buildings, and their intensity and operating hours are limited to ensure compatibility with the predominantly residential character of the district. Accessory off-street parking is prohibited for these uses to maintain the local neighborhood walk-in character of the uses.

(b) Location. Uses permitted under this section must be located:

(1) completely within an RH, RTO, RTO-M, or RM District;

(2) on or below the ground floor;

(3) in RH, RM-1, RM-2, and RTO Districts, on a Corner Lot, with no part of the use extending more than 50 feet in depth from said corner, as illustrated in Figure 231. and [1]

(4) in a space that would not require the Residential Conversion of a Residential Unit or Unauthorized Unit under Planning Code Section 317, unless the space proposed for conversion is occupied by a garage or storage space located in the Basement or First Story.

Figure 231.

Limitations on Corner Retail in RTO and RM Districts

(5) in RM-3, RM-4, and RTO-M Districts, on a Corner Lot, with no part of the use extending more than 100 feet in depth from said corner.

(c) Permitted Uses. Any use is permitted which complies with the use limitations for the First Story and below of a Neighborhood Commercial District or Special Use District within one-quarter mile of the use, or if the use is more than one-quarter mile from the nearest NCD or SUD, an NC-1 District, as set forth in Section 710 of this Code.

(d) Use Size. In any RH, RM-1, or RM-2 District, the use size shall comply with the use size limitations of a Neighborhood Commercial District or Special Use District located within one-quarter mile of the use, up to a maximum of 1,200 square feet of Occupied Floor Area of commercial area. In any RM-3 or RM-4 District, the use size shall comply with the use size limitations of a Neighborhood Commercial District or Special Use District located within one-quarter mile of the use, up to a maximum of 2,500 square feet of Commercial Use. No more than 1,200 square feet of Occupied Floor Area of commercial area in a RTO District or in a RH, RM-1, or RM-2 District if the use is more than one-quarter mile from a Neighborhood Commercial District or Special Use District, and no more than 2,500 occupied square feet of Commercial Use in a RTO-M District or in a RM-3 or RM-4 District if the use is more than one-quarter mile from a Neighborhood Commercial District or Special Use District shall be allowed per Corner Lot, subject to the following exception. On lots which occupy more than one corner on a given block, an additional 1,200 square feet of Occupied Floor Area of Commercial Use shall be allowed per additional corner, so long as the commercial space is distributed equitably throughout appropriate parts of the parcel or project.

(e) Formula Retail Uses. All uses meeting the definition of “formula retail” use per Section 303.1 shall not be permitted except by Conditional Use through the procedures of Section 303 for RTO and RTO-M Districts and shall not be permitted in RH and RM Districts.. [1]

(f) Parking. No accessory parking shall be permitted for uses permitted under this Section.

(g) Operating Hours. The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m.

(h) Conditions. Any uses described above shall meet all of the following conditions:

(1) The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood;

(2) Any signs on the property shall comply with the requirements of Section 606 of this Code;

(3) Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants and other public features;

(4) Noise, odors and other nuisance factors shall be adequately controlled; and

(5) The use shall comply with all other applicable provisions of this Code.

(i) Street Frontage. In addition to the street frontage requirements of Section 144, the following provisions of Section 145.1 shall apply to the street frontage dedicated to limited commercial uses permitted by this section: active uses per Section 145.1(c)(3); transparency and fenestration per Section 145.1(c)(6); and grates, railing, and grillework per Section 145.1(c) (7).

(j) Awnings. Awnings are permitted, subject to the standards in Section 136.1(a) of this Code. Canopies and marquees are not permitted.

(k) Outdoor Activity Area. An Outdoor Activity Area is principally permitted if it is located at the front of the building. An Outdoor Activity Area that is not at the front of the building is principally permitted in RTO and RTO-M Districts only if it complies with the operating restrictions in Section 202.2(a)(7) and shall not be permitted in RH or RM Districts.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 174-12, File No. 120715, App. 8/2/2012, Eff. 9/1/2012; Ord. 231-12, File No. 121033, App. 11/14/2012, Eff. 12/14/2012; Ord. 235-14, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Proposition H, 11/3/2020, Eff. 12/18/2020; Ord. 249- 23, File No. 230701, App. 12/14/2023, Eff. 1/14/2024; Ord. 85-24, File No. 231221, App. 4/26/2024, Eff. 5/27/2024)

AMENDMENT HISTORY

Section header, divisions (a) and (b)(1), Fig. 231 caption amended; divisions (i) and (j) added; Ord. 63-11, Eff. 5/7/2011. Division (b)(3) amended; Fig. 231 relocated; division (b)(4) added; divisions (d), (h)(2), and (j) amended; Ord. 174-12, Eff. 9/1/2012. Divisions (b)(3), (b)(4), and (d) amended; Ord. 231-12, Eff. 12/14/2012. Reference amended in division (e); Ord. 235-14, Eff. 12/26/2014. Divisions (b)(3), (b)(4), (c), and (d) amended; Ord. 129-17, Eff. 7/30/2017. Division (c) amended; Proposition H, 11/3/2020, Eff. 12/18/2020. Section header and divisions (a), (b)(1)-(3), (d), and (e) amended; division (b)(4) redesignated as (b)(5); new division (b)(4) added; Ord. 249-23, Eff. 1/14/2024. Divisions (c), (d), and (e) amended; division (k) added; Ord. 85-24, Eff. 5/27/2024.

CODIFICATION NOTE

1. So in Ord. 249-23.

(Added by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated as Sec. 230 by Ord. 196-11, File No. 110786, App. 10/4/2011, Eff. 11/3/2011)

(Added by Ord. 412-88, App. 9/10/88; amended by Ord. 115-90, App. 4/6/90; Ord. 56-02, File No. 012127, App. 4/29/2002; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated as Sec. 202.6 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; Ord. 445-87, App. 11/12/87; Ord. 80-14, File No. 140062, App. 6/13/2014, Eff. 7/13/2014; redesignated as Sec. 211 and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

(See Interpretations related to this Section.)

In addition to the use districts that are established by Section 201 of this Code, there shall also be in the City such special use districts as are established in this Section and Sections 236 through 249.99 in order to carry out further the purposes of this Code. The designations, locations, and boundaries of these special use districts shall be as provided in Sections 236 through 249.99 and as shown on the Zoning Map referred to in Section 105 of this Code, subject to the provisions of Section 105. In any special use district the provisions of the applicable use district established by Section 201 shall prevail, except as specifically provided in Sections 236 through 249.99.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 532-85, App. 12/4/85; Ord. 42-13, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

AMENDMENT HISTORY

Section amended; Ord. 42-13, Eff. 4/27/2013. Section amended; Ord. 56-13, Eff. 4/27/2013. Section amended; Ord. 70-23, Eff. 6/3/2023.

(See Interpretations related to this Section.)

(Amended by Ord. 443-78, App. 10/6/78; Ord. 69-87, App. 3/13/87; repealed by Ord. 167-07, File No. 070681, App. 7/20/2007)

In order to provide for a major automotive area with a citywide and regional market, there shall be an Automotive Special Use District as designated on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within such special use district:

Wholesaling of automotive parts and any Automotive Use, as defined in Section 102 of this Code when connected with and incidental to the sale of new or used automobiles, shall be permitted as principal uses. In addition, any Automotive Use that is not connected with and incidental to the sale of automobiles, and not otherwise permitted, may be permitted as a conditional use by the Planning Commission under Section 303 of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 154-88, App. 4/7/88; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Undesignated first paragraph amended; designation of former division (a) deleted and paragraph amended; Ord. 22-15, Eff. 3/22/2015.

In order to provide for an established area with a unique combination of uses and a special identity, there shall be a Nob Hill Special Use District as designated on Sectional Map No. SU01 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply within such special use district:

(a) A Hotel, as defined in Section 102 of this Code, may be permitted by the Planning Commission as a conditional use under Section 303 of this Code.

(b) In connection with any permitted principal or conditional use located in such Special Use District, incidental commercial uses may be permitted by the Planning Commission as a conditional use under Section 303 of this Code, if designed primarily for occupants of and visitors to the use to which they are incidental, accessible to the general public only from within

the building, and not identified outside the building by means of any sign or signs.

(c) A Private Community Facility as defined in Section 102 of this Code, and that is not operated as a gainful (for-profit) business may be permitted by the Planning Commission as a conditional use under Section 303 of this Code.

(d) Eating and Drinking uses as defined in Section 102 of this Code, with the exception of Eating and Drinking uses that are also defined as Formula Retail may be permitted by the Planning Commission as a conditional use under Section 303 of this Code. The limitations on design, accessibility, and identification set forth in Subsection (b) above shall not apply to such uses hereby permitted.

(e) Signage for principal permitted uses or for Eating and Drinking uses within the Nob Hill Special Use District shall be limited as per Section 606 of this Code with the exception that projecting signs in the form of sign copy on canopies and awnings shall be permitted for Eating and Drinking uses in lieu of wall signs unless otherwise limited as a condition of approval of a conditional use authorization.

(f) The various uses provided for in Subsections 238(a) through 238(e) above are not permitted in any portion of a building that is devoted to a Dwelling Unit or to Group Housing as defined in Section 102 of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 329-91, App. 9/11/91; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a), (c), (d), and (f) amended; former division (g) deleted; Ord. 22-15, Eff. 3/22/2015.

In order to provide for certain areas with special traffic and parking considerations, many existing buildings of small scale and established character that have been and will be retained and converted, and certain wholesaling activities carried on with distinct benefit to the City, there shall be a Washington-Broadway Special Use District, as designated on Sectional Map No. SU01 of the Zoning Map of the City and County of San Francisco. The following provisions shall apply:

(a) Drive-up Facilities. Drive-up Facilities, as defined in Section 102 of this Code, are not permitted.

(b) Parking Lots. A Public Auto Parking Lot, or a Public Auto Parking Garage, shall not be permitted as a permanent use. A Public Auto Parking Lot may be permitted as a temporary use for up to five years only upon approval by the Planning Commission as a conditional use under Section 303 of this Code.

(c) Parking Pricing. The parking pricing requirements of Section 155(g) shall apply within the district.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019)

AMENDMENT HISTORY

Introductory paragraph and divisions (a) through (d) amended; Ord. 232-14, Eff. 12/26/2014. Divisions (b) and (c) amended; Ord. 22-15, Eff. 3/22/2015. Former division (a) deleted; former divisions (b)-(d) redesignated as divisions (a)-(c); Ord. 311-18, Eff. 1/21/2019.

(a) Purpose. In order to provide for certain areas with unique natural and man-made physical characteristics, distinct historic and maritime character, special traffic, parking, and use considerations, recognized development potential, and proximity to residential, public, and commercial areas of regional, national, and international significance which should be protected from adverse adjacent development, there shall be four Waterfront Special Use Districts, Numbers 1, 2, 3, and 4, as designated on Sectional Maps No. 1 SU, 8 SU, and 9 SU* of the Zoning Map. The original copy of said Sectional Maps with these Special Use Districts indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 171-70-4, pursuant to Ordinance No. 131-70 and subsequent amendments thereto. The provisions set forth in Sections 240.1 through 240.4 shall apply, respectively, within these Special Use Districts, and shall be applicable to all property, whether public or private, including property under the jurisdiction of the San Francisco Port Commission.

(b) State and Regional Land Use Controls. Much of the property within Waterfront Special Use District Numbers 1, 3, and 4 is subject to land use controls in addition to those set forth in this Code. Most of the land under the jurisdiction of the Port Commission is public trust land and is subject to use limitations as provided in California Statutes of 1968, Chapter 1333, as amended (the “Burton Act”) and the San Francisco Charter. In the event of a conflict between the provisions of the Burton Act and this Code, the State legislation prevails. A portion of the

property under the Port Commission’s jurisdiction is further subject to use limitations as provided in the California Government Code, Sections 66600 et seq. (the “McAteer-Petris Act”). The San Francisco Bay Conservation and Development Commission is responsible for implementing the provisions of the McAteer-Petris Act. Other property within these Waterfront Special Use Districts is subject to redevelopment plans adopted by the Board of Supervisors.

(c) Waterfront Design Review Process.

(1) In order to best achieve the public objectives that have been established in law and policy for the property under the jurisdiction of the Port Commission, a waterfront design review process is hereby established to review the urban design of new development on certain land under the Port Commission’s jurisdiction within Waterfront Special Use Districts Numbers 1, 3, and 4, consistent with applicable provisions of the Port’s Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, as provided below. The purpose of the waterfront design review process is to identify and integrate the State, regional, and local objectives pertaining to the urban design of major, non-maritime development projects and proposed uses in order to optimize the public enjoyment and beneficial use of this public trust resource.

historic preservation, and public access goals, policies, and objectives, as provided below. The purpose of the waterfront design review process is to identify and integrate the State, regional, and local objectives pertaining to the urban design of major, non-maritime development projects and proposed uses in order to optimize the public enjoyment and beneficial use of this public trust resource.

(2) The waterfront design review process shall be conducted by the Waterfront Design Advisory Committee (“Committee”), which shall consist of five members. The Director of Planning and the Director of the Port of San Francisco shall each appoint two members who are qualified professional urban planners or architects (general, historic, or landscape) who resides or works in San Francisco, and are not employed within their agency. In addition to these members, the Director of the Port shall also appoint one member who is a historic preservation professional who meets the Secretary of the Interior’s Professional Qualifications Standard. Port of San Francisco staff shall maintain Committee records and administrative procedures reflecting the roster, qualifications, and terms for each Committee member. The Port Commission may increase the number of Committee members by adding representatives appointed by the Director of the Bay Conservation and Development Commission, if needed. The Committee shall select a chairperson from among its voting members, and shall establish rules and regulations for its own organization and procedure. The Committee may establish subcommittees to which it may assign Committee design review responsibilities. The Committee shall act by vote of a majority of those present at a meeting with a quorum of Committee members.

(3) The Committee shall review proposed projects to be developed on property of the Port of San Francisco, as set forth in Sections 240.1, 240.3, and 240.4 of this Code.

(4) The Committee shall be advisory to the Planning Department and Port of San Francisco, and shall provide its design recommendations to the Bay Conservation and Development Commission for proposed projects within its jurisdiction. The Port shall convene and provide staff assistance to the Committee and consult with the Committee on non-maritime development projects as set forth in this Code and at such other times as the Port deems appropriate.

(5) The Committee shall hold a public hearing on a proposed project and make design recommendations to ensure that the urban design of the proposed project is consistent with applicable provisions of the Waterfront Plan’s urban design, historic preservation, and public access goals, policies, and objectives. In addition to any other notice required by law, the Committee shall provide public notice for this hearing by electronic mail to the applicant or other person or agency initiating the action and other parties who have requested notice of such hearing on the project and submitted their contact information to the Port of San Francisco.

reservation, and public access goals, policies, and objectives. In addition to any other notice required by law, the Committee shall provide public notice for this hearing by electronic mail to the applicant or other person or agency initiating the action and other parties who have requested notice of such hearing on the project and submitted their contact information to the Port of San Francisco.

(6) The Committee, as an advisory board, must review and consider any final environmental documents, or draft documents if final documents are not yet available, prepared pursuant to the California Environmental Quality Act, before it makes its final recommendations.

(7) The determination of the Committee on urban design issues related to the proposed project shall be final as to those design issues, except as provided below. The Committee shall transmit the design recommendations to the Planning Department and Port, and to the Bay Conservation and Development Commission for proposed projects within BCDC’s jurisdiction, within two weeks following the Committee action for consideration by those agencies prior to any action on the project.

(A) For a project that is permitted as a Principal Use, the Planning Commission may, by majority vote within 14 days of receipt of the design recommendations of the Committee, make a determination to review the design recommendations. If the item cannot be calendared for Planning Commission consideration within that period due to a canceled meeting, the Commission may consider whether to review the design recommendations at its next available meeting. If the Planning Commission requests review, it shall conduct a public hearing on the matter within 14 days following its determination to review the design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission. The Planning Commission, by majority vote, may adopt, amend, or reject the design recommendations of the Committee, subject to the same standards and criteria that govern Committee decisions as provided in subsection (c)(5) above.

If the Port Commission accepts the design recommendations of the Committee or of the Planning Commission, the Port Commission shall incorporate the design recommendations into the Port action on the project.

If the Port Commission objects to or seeks to modify the design recommendations of the Committee, the Port Commission may request Planning Commission review of the design recommendations of the Committee. The Planning Commission shall schedule a public hearing and review the design recommendations of the Committee within 20 days following receipt of the request, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission.

If the Port Commission objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth above, the Port Commission may appeal the design recommenda- tions to the Board of Supervisors pursuant to the procedures set forth in Section 308.1 of this Code and in Charter Section 4.105 for appeals of Conditional Uses. The Board of Supervisors may disapprove the decision of the Commission by a vote of not less than two-thirds of the members of the Board.

(B) For a project that requires a conditional use authorization, the Director of Plan- ning shall incorporate the design recommenda- tions of the Committee on urban design issues related to the proposed project into the recommendation to the Planning Commission. The Director of Planning may recommend specific modifications to the Committee’s design recommendations, in which case the Director’s recommendation shall specify why the Committee’s design recommendations should not be considered final. The Director of Planning shall schedule a public hearing before the Planning Commission within 30 days following receipt of the Committee’s design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a differ- ent date.

(d) A project within a Waterfront Special Use District shall be reviewed under the standards set forth in Sections 240.1 through 240.4 for the Waterfront Special Use District within which boundaries it is located, and shall not be considered, for review purposes under this Code, as including or being part of a project within an adjoining Waterfront Special Use District, notwithstanding the timing of development, the physical proximity or type of uses associated with any other such projects, or the applicant or other person or agency initiating the action.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Division (c)(8)(A) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b), (c)(1)-(3), and (d) amended; division (c)(5) deleted; divisions (c)(6)- (8) redesignated as (c)(5)-(7) and amended; Ord. 157-23, Eff. 8/28/2023.

SEC. 240.1. WATERFRONT SPECIAL USE DISTRICT NO. 1.

The following provisions shall apply within Waterfront Special Use District No. 1:

(a) Accessory Uses Related to Maritime Uses. A related minor use that is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission and that is either necessary to the operation or enjoyment of a Maritime Use, as defined in Section 102 of this Code, or is appropriate, incidental, and subordinate to any such use, shall be permitted as an accessory use when located on the same lot, provided that the minor use does not itself occupy more than one-third of the site area occupied by such minor use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading.

(b) Principal uses shall include:

(1) Maritime Uses as defined in Section 102 of this Code.

(2) Any use that is listed in this Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use if the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission.

(c) Conditional uses shall include any use that is listed in this Code as a conditional use in the district established by Section 201 applicable to the particular property involved, provided that the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission. The specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code and subsection (d), below.

(d) Any use, other than Maritime Uses defined in Section 102 of this Code, that is listed in this Code as a permitted use or conditional use in the use district established by Section 201 applicable to the particular property involved, that involves (1) new construction or (2) projects with lease terms longer than 10 years that include substantial exterior alterations visible from the street or other major public site, excluding minor changes including but not limited to maintenance, alterations, and repairs involving replacing features with similar features or adding similar features; restoration of preexisting conditions; and signs, awnings, or canopies, shall be subject to review of the urban design of the proposed use under the waterfront design review process, as provided under Section 240(c) of this Code.

(e) In considering any application in this special use district under Section 303 of this Code, the Planning Commission shall consider the following criteria in lieu of the criteria set forth in Section 303(c):

(1) That such use or feature as proposed is consistent with the Waterfront Plan adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(2) That the design of such use or feature as proposed is consistent with the Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(3) Provision to the extent feasible, along the sea wall and along the perimeters of piers or platforms, of public access and of open spaces available for public use and suitable for viewing purposes or water-oriented recreation;

(4) Limitation of water coverage in the Northern Waterfront area from the Hyde Street Pier to Pier 46 so as not to exceed the degree of coverage by piers as existing as of February 16, 1998;

(5) Construction of new piers or platforms so that the water’s edge shall be maintained at the sea wall where feasible;

(6) Provision or maintenance of view corridors along streets into the Bay, and of panoramic views, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan; and

(7) Development over the water generally on piers or platforms rather than on fill.

(f) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. To calculate the Floor Area Ratio on piers under the jurisdiction of the Port Commission, all building permit applications shall include a map of the lot or lease area with precise boundaries showing its location on the pier under consideration. The proposed lot shall be reviewed and approved as part of the building permit and be the basis for further alterations or expansions of the structure.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Divisions (a), (b)(1), and (d) amended; Ord. 22-15, Eff. 3/22/2015. Division (f) language deleted; former division (g) redesignated as division (f) and amended; Ord. 311-18, Eff. 1/21/2019. Extra division (f) marker deleted; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b)(2), (c), (d), (e)(1)-(2), and (e)(4) amended; Ord. 157-23, Eff. 8/28/2023.

SEC. 240.2. WATERFRONT SPECIAL USE DISTRICT NO. 2.

(See Interpretations related to this Section.)

The following provisions shall apply within Waterfront Special Use District No. 2:

(a) Industrial, commercial, and other operations directly related to the conduct of waterborne commerce or navigation shall be permitted as Principal Uses, except in residential zoning districts.

(b) A Hotel or Motel, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code.

(c) An Automotive Service Station, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code.

(d) Any building or use which provides a greater number of off-street parking spaces than required under Section 151 of this Code shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code; provided, however, that this subsection (d) shall not apply in any case where fewer than 10 such spaces are provided. Any building or use which provides 10 or more off-street parking spaces shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code.

(e) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Former division (e) included in division (d); former division (f) redesignated as division (e); current divisions (a)-(e) amended; Ord. 311-18, Eff. 1/21/2019. Divisions (a) and (d) amended; Ord. 157-23, Eff. 8/28/2023.

SEC. 240.3. WATERFRONT SPECIAL USE DISTRICT NO. 3.

(See Interpretations related to this Section.)

The following provisions shall apply within Waterfront Special Use District No. 3:

(a) Industrial, commercial and other operations directly related to the conduct of waterborne commerce or navigation shall be permitted as Principal Uses.

(b) A wholesale establishment conducted entirely within an enclosed building shall be permitted as a Principal Use.

(c) Any development on property not under the jurisdiction of the Port Commission which includes an area (excluding the area of public streets and alleys) of at least three acres shall be permitted only upon approval by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code. In considering any application for such a development under Section 303, the Planning Commission shall consider the following criteria in addition to those stated in Section 303(c):

(1) Conformance to the Northeastern Waterfront Plan, a part of the General Plan, including streets and roadways as indicated therein;

(2) Assurance of a general profile for development having higher portions near Telegraph Hill or other inland areas and lower portions near The Embarcadero;

(3) Assurance of view corridors along public streets between Telegraph Hill or other inland areas and the waterfront and Bay;

(4) Provision of open spaces available to the public; and

(5) Adherence to the character of surrounding areas of the City.

(d) Any new development (excluding alterations to existing development) on property under the jurisdiction of the Port Commission that requires a Port lease of more than 10 years, and includes an area of at least ½ acre (excluding the area of public streets and alleys) shall be subject to review of the urban design of the proposed use by the waterfront design review process, as provided under Section 240(c) of this Code.

(e) In considering any application for development on property under the jurisdiction of the Port Commission on which a specific use or uses require a conditional use, the specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code. The Planning Commission shall consider the following criteria in lieu of those stated in Section 303(c):

(1) That such use or feature as proposed is consistent with the Waterfront Plan and the design of the use is consistent with Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan;

(2) Assurance of a general profile for development having higher portions near Telegraph Hill or other inland areas and lower portions near The Embarcadero;

(3) Assurance of view corridors along public streets between Telegraph Hill or other inland areas and the waterfront and Bay, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan;

(4) Provision of open spaces available to the public consistent with the Waterfront Plan urban design and open space Design and Access goals, policies, and objectives; and

(5) Adherence to the character of surrounding areas of the City.

(f) A Hotel or Motel, if otherwise listed in this Code as a Permitted Use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code.

(g) An Automotive Service Station, if otherwise listed in this Code as a Permitted Use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code.

(h) Any building or use which provides a greater number of off-street parking spaces than required under Section 151 of this Code shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code; provided, however, that this subsection (h) shall not apply (1) in any case where fewer than 10 such spaces are provided, or (2) for property under the jurisdiction of the Port of San Francisco, to the extent such off-street parking spaces existed as of February 16, 1998. Any building or use which provides 10 or more off-street parking spaces shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code.

(i) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code.

(Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)

AMENDMENT HISTORY

Divisions (a), (b), and (f)-(j) amended; division (k) deleted; Ord. 311-18, Eff. 1/21/2019. Divisions (a), (d), (e)(1), and (h) amended; divisions (e)(3) and (i) deleted; divisions (e)(4)-(6) and (j) redesignated as (e)(3)-(5) and (i); division (e)(5) amended; Ord. 157-23, Eff. 8/28/2023.

SEC. 240.4. WATERFRONT SPECIAL USE DISTRICT NO. 4.

The following provisions shall apply within Waterfront Special Use District No. 4:

(a) Accessory Uses Related to Maritime Uses. A related minor use that is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission and that is either necessary to the operation or enjoyment of a Maritime Use, as defined in Section 102 of this Code, or is appropriate, incidental, and subordinate to any such use, shall be permitted as an accessory use when located on the same lot, provided that the minor use does not itself occupy more than one-third of the site area occupied by such minor use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading.

(b) Principal Uses. Principal uses shall include:

(1) Maritime Uses as defined in Section 102 of this Code.

(2) Any use that is listed in this Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use if the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission.

(c) Conditional Uses. Conditional uses shall include any use that is listed in this Code as a conditional use in the district established by Section 201 applicable to the particular property involved, provided that the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission. The specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code and subsection (d) below.

(d) Any new development (excluding alterations to existing development) on property under the jurisdiction of the Port Commission that requires a Port lease of more than 10 years, and includes an area of at least 1/2 acre (excluding the area of public streets and alleys) shall be subject to review of the urban design of the proposed use by the waterfront design review process, as provided under Section 240(c) of this code.

(e) In considering any application in this special use district under Section 303 of this Code, the Planning Commission shall consider the following criteria along with the criteria set forth in Section 303(c). Only the specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the following criteria:

(1) That such use or feature as proposed is consistent with the Waterfront Plan adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; and

(2) That the design of such use or feature as proposed is consistent with the Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan.

(Added by Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)

(See Interpretations related to this Section.)

In order to preserve and provide for an established area with a unique character and balance of built and natural environment, with public and private view corridors and panoramas, to conserve existing buildings, plant materials and planted spaces, to prevent unreasonable obstruction of view and light by buildings or plant materials, and to encourage development in context and scale with established character and landscape, there shall be a Dolores Heights Special Use District as designated on Sectional Map No. SU07 of the Zoning Map of the City and County of San Francisco. In this District, all provisions of the Planning Code applicable in RH-1 Districts shall continue to apply except that rear yard and height limit provisions of this Section 241 shall be substituted for rear yard and height limit provisions found elsewhere in this Code.

(a) The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot on which building is situated, but in no case shall the rear yard be less than 25 feet deep.

(b) No portion of a building shall exceed a height of 35 feet above the existing grade of the lot, with the intent that the building shall be contained within an envelope that slopes upward or downward with the slope of the property. The "height of a building" for purposes of this Section shall be measured in the manner described in Section 260 of this Code, whether the lot being measured slopes upward or downward from the street.

(c) Variances may be granted from the rear yard and height limit provisions in Paragraphs (a) and (b) above in accordance with procedures specified in Section 305 of this Code provided that no such variance shall permit a building to have a height in excess of that otherwise permitted in an RH-1 District.

(Added by Ord. 286-80, App. 6/17/80; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Division (b) amended; Ord. 22-15, Eff. 3/22/2015.

(See Interpretations related to this Section.)

(a) General. A Special Use District entitled the Bernal Heights Special Use District, the boundaries of which are shown on Sectional Map. Nos. 7SU, 8SU, and 11SU of the Zoning Map, is hereby established for the purposes set forth below.

(b) Purposes. In order to reflect the special characteristics and hillside topography of an area of the City that has a collection of older buildings situated on lots generally smaller than the lot patterns in other low-density areas of the City, and to encourage development in context and scale with the established character, there shall be a Bernal Heights Special Use District.

(c) The provisions of this Section 242 shall not apply to building permit applications or amendments thereto, or to conditional use, variance or environmental evaluation applications filed on or before January 7, 1991. Such applications shall be governed by the ordinances in effect on January 7, 1991, unless the applicant requests in writing that an application be governed by the provisions of this Section 242.

(d) Definitions. For purposes of this Section 242, the following definitions apply:

(1) "Adjacent building" shall mean a building on a lot adjoining the subject lot along a side lot line. Where the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the street or alley, such nearest building shall be deemed to be an "adjacent building," but a building on a lot so separated for a greater distance shall not be deemed to be an "adjacent building." A corner lot shall have only one adjacent building located along its side lot line.

(2) "Usable floor area" is the sum of the gross areas of the several floors of a building, measured from the exterior walls or from the center lines of common walls separating two buildings. "Usable floor area" shall not include that floor area devoted to off-street parking or any space or area which is not readily accessible and which has not more than five feet vertical clearance at any point.

(e) Controls. All provisions of the Planning Code applicable to an RH-1, RH-1(S), RH-2, and RH-3 District shall apply to applicable portions of the Special Use District except as otherwise provided in this Section 242.

(1) Height Limits. No portion of a dwelling in any portion of this district shall exceed a height of 30 feet except as provided below. Notwithstanding the prior sentence, the heights limits in this subsection (e)(1) shall not apply to building permits for structures erected on Lots 055, 056, and 057 in Block 5526 approved before January 8, 2020.

(A) The height of a dwelling on a downslope lot shall not exceed 30 feet above grade, subject to averaging or offset by an equal height reduction. Any portion of a dwelling exceeding a height of 30 feet must be offset by at least an equal amount of dwelling having a height of less than 30 feet, provided that the maximum height above grade at any point cannot exceed 40 feet, and the rearmost eight feet of length cannot exceed 32 feet above grade.

(B) The height of a dwelling on an upslope lot shall not exceed 30 feet above grade, with no averaging or stepping over the 30 feet limit, and no part of the dwelling, unless otherwise permitted by this Section, may be higher than 38 feet above curb level, except if the rear of the lot is 30 feet or more higher than the front grade, the rear half of the dwelling may go up to 43 feet above curb level.

(C) The height of a dwelling in an RH-2 or RH-3 lot may exceed the limits described above based upon the average height of the adjacent buildings.

(D) Except for vertical-axis wind-powered electrical generators with a horizontal diameter not exceeding three feet, chimneys, and nonparabolic radio and television antennas, nothing otherwise permitted by Section 260(b) of this Code may extend above the additional height limit established in this Code section by more than 42 inches. Furthermore, all such wind-powered electrical generators must avoid significant impacts to wildlife.

(E) Wireless Telecommunications Services Facilities on a dwelling may exceed the 30-foot height limitation contained in this Subsection (e)(1).

(2) Rear Yards. The requirements applicable to rear yards are as follows:

(A) RH-1 and RH-1(S). For lots which have a depth of 70 feet or less, the minimum rear yard depth shall be equal to 35 percent of the total depth of the lot on which the building is located. Buildings on lots which have a depth greater than 70 feet may not be deeper than 45.5 feet measured from the front property line; the remainder of the lot shall be used for rear yard.

(B) RH-2 and RH-3. The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot in which the building is located.

(C) All Lots. The following provisions relating to rear yards shall apply to all lots in the Special Use District:

(i) A building may intrude into the required rear yard up to the extent that an adjacent building intrudes, provided the intrusion is no wider than half of the width of the lot, and 25 percent of the total lot depth is provided as rear yard open space. The intrusion must be placed in a manner that the Zoning Administrator finds will provide optimal light and air to the subject and adjacent properties. The coverage resulting from the intrusion must be offset by otherwise permitted coverage in the rear of the subject property.

(ii) Any part of a front setback exceeding five feet may be applied to the amount required for satisfying the rear yard requirements.

(iii) No part of any building may be within 25 percent or 15 feet, whichever is greater, of the rear property line.

(iv) Those obstructions into rear yards otherwise permitted by Section 136(c)(2), (3), and (25) of this Code shall not be permitted. In addition to the obstructions permitted in Section 136(c), improvements may be constructed underneath a room or deck located in the rear yard area if said room or deck is otherwise permitted pursuant to Section 136(c) and was constructed pursuant to a building permit issued prior to December 11, 1987. In those instances, the Zoning Administrator may place appropriate conditions on the approval of the building permit to protect the light, air and view of the adjacent properties.

(3) Mass Reduction Requirement for RH-1 and RH-1(S) Buildings. After calculation of the maximum permissible height and lot coverage in an RH-1 or RH-1(S) District, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. On lots that exceed 100 feet in depth, the mass reduction shall be a minimum of 400 square feet of usable floor area. Any area to be deleted must have a minimum clearance of three feet from the side property line. The reduction must be taken from the front, the rear, or the top of the building above grade; however, such reduction along the side of the property line will be allowed under this section so that adjacent properties will benefit from the provision of greater light and air or the reduction of shadows. Where an area to be deleted is along the side property line and is in the form of an inner court, the inner court shall have a minimum area of 90 square feet.

(4) Curb Cuts and Garage Door Width. The maximum width of curb cuts allowed for new construction shall be 10 feet; the maximum width of a garage door opening shall be 12 feet.

(5) Design. In addition to meeting applicable standards provided in this Section 242 and elsewhere in this Code, residential development subject to this Section 242 shall be subject to the review and notification procedures provided by Section 311(c) of this Code. Requests for Planning Commission review shall be governed by Subsection 311(d) of this Code. In addition to applicable guidelines cited by Section 311, the Elsie Street Plan and the East Slope Building Guidelines shall be used as guidelines to determine neighborhood compatibility of new construction and alterations in the respective areas covered by those guidelines.

(6) Demolition.

(A) Demolition Generally Prohibited. Other than as specified in this subsection, no demolition permit for structures containing one or more residential units may be approved unless:

(i) The Superintendent of the Bureau of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines, after consultation to the extent feasible with the Department of Planning, that an imminent safety hazard exists and the Superintendent determines that demolition of the structure is the only feasible means to secure the public safety; or

(ii) The structure is under an abatement order and the Superintendent of the Bureau of Building Inspection determines, after consultation with the Department of Planning and the San Francisco Fire Department, that repairs rendering the structure safe and habitable as defined in the San Francisco Housing Code would cost 50 percent or more of the cost to replace the structure pursuant to the standards published periodically by the Superintendent. An owner's deliberate damage, in the opinion of the Superintendent of the Bureau of Building Inspection, to the property or failure to maintain it shall not be included in the calculation of replacement costs; or

(iii) The Department determines, based on facts presented, that the structure proposed to be demolished retains no substantial remaining value or reasonable use.

(B) Demolition of Historic or Architecturally Significant Residential Buildings. Unless demolition is approved pursuant to Subsections (A)(i) or (A)(iii) above, no demolition permit may be approved for a residential building (1) which is a designated landmark or contributing building in an historic district; or (2) which the Landmarks Preservation Advisory Board determines is qualified to be designated as a landmark or contributing building in an historic district under the standards of Article 10 of this Code; or (3) is recommended by the Department of Planning for historic designation under Article 10 of this Code.

(C) Replacement Structure Required. Unless demolition is approved pursuant to Subsection (A)(i) or (A)(iii) above, no application authorizing the demolition of a residential building within the scope of this Section shall be approved until the City has finally approved a building permit for construction of the replacement building which meets the requirements of this ordinance. A building permit is finally approved if the Board of Permit Appeals has taken final action on an appeal of the issuance or denial of the permit or if the permit has been issued and the time for filing an appeal with the Board has lapsed with no appeal filed.

(i) This Section shall not apply to the demolition of a second structure on a single lot that (1) does not exceed 500 square feet, (2) meets the requirements of Subsection (A)(ii) above, and (3) is not a historic residential building under Subsection (B) above.

(f) Additional Controls Applicable to Bernal South Slope.

(1) The "Bernal South Slope" shall mean the undeveloped lots within the south slope area of the Bernal Heights Special Use District consisting of: Block 5810, lots 016, 017, and 020 to 023; Block 5811, lots 023 to 028; Block 5825, lots 007 to 015; Block 5826, lots 002, 003, 005 to 011, and 013 to 016; Block 5827, lots 007 to 011 and 016 to 022; and Block 5828, lots 004 to 010.

(2) The controls set forth in this subsection (f) shall be in addition to the general requirements of Section 242.

(3) All new development in the Bernal South Slope shall require a conditional use authorization pursuant to this subsection and the requirements set forth in Article 3 of the Planning Code. The Planning Commission shall only approve an application for a conditional use authorization if facts are presented to establish that the proposed development would not harm the public health, safety, or welfare of the Bernal South Slope and surrounding areas, considering the following criteria:

(A) The applicant has designed the development in accordance with best practices for construction and development on steep slopes, as applicable, including measures to address liquefaction and slope stability issues presented by the steep grades in Bernal South Slope, and as documented in writing by the Department of Building Inspection;

(B) The development would not undermine the visual integrity of the Bernal South Slope by, for example, deviating in a substantial manner from the City's established pattern of street-orientation and alignment. Bernal's neighborhood streets typically are not contoured, with streets running parallel to the hillside, but instead are grid-based. Where reasonably possible, new buildings should be accessed from public streets rather than extended private drives;

(C) The design of the development would not interfere with the proposed integration of Alemany Public Housing with the South Bernal neighborhood (e.g., through construction of large retaining walls) and, to the extent feasible, promotes connections at the hill base that are consistent with the proposed redesign of Alemany Public Housing;

(D) The development and construction-related activities in the Bernal South Slope will not meaningfully hinder impact emergency vehicle access and emergency response times or weaken fire protection capabilities in the area (e.g., fire hydrant access or water pressure), as determined through applicant consultation with the San Francisco Fire Department, and as documented in writing by the San Francisco Fire Department;

(E) The development will not degrade the health and cleanliness of the neighborhood by, for example, providing inadequate access for City sanitation services such as garbage collection and street sweeping, as determined through applicant consultation with the Department of Public Works, and as documented in writing by the Department of Public Works;

(F) The development promotes the City's open space policies, and incorporates community input regarding public use of unimproved rights-of-way (e.g., by avoiding or offsetting potential impacts to existing open space such as the Moultrie Street Children's Community Garden);

(G) The development will not substantially impact neighborhood parking availability;

(H) The development will not substantially contribute to an increase in traffic congestion in Bernal South Slope, including along Crescent Street and the intersection of St. Mary's and Mission Street; and

(I) The development will not undermine pedestrian safety or result in dangerous traffic conditions (e.g., increasing double parking and reducing turn around zones) that place residents and pedestrians at risk.

(J) The Planning Commission shall evaluate the foregoing criteria with regard to both to a development's individual impacts and the development's impacts in combination with the current and proposed development of the Bernal South Slope.

(Added by Ord. 32-91, App. 1/25/91; amended by Ord. 145-00, File No. 000796, App. 6/16/2000; Ord. 247-07, File No. 070947, App. 10/29/2007; Ord. 294-08, File No. 081247; Ord. 166-16, File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024)

AMENDMENT HISTORY

Division (e)(1)(E) added; Ord. 166-16, Eff. 9/10/2016. Divisions (e)(4)-(e)(4)(B)(ii) deleted; former divisions (e)(5)-(7) redesignated as divisions (e)(4)-(6); current division (e)(5) amended; Ord. 311-18, Eff. 1/21/2019. Divisions (e) -(e)(1) amended; Ord. 68-24, Eff. 5/5/2024.

(See Interpretations related to this Section.)

(a) General. A Special Use District entitled the Van Ness Special Use District, the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map of the City and County of San Francisco, is hereby established for the purposes set forth below.

(b) Purposes. In order to implement the objectives and policies of the Van Ness Avenue Area Plan, a part of the General Plan, which includes (1) creation of a mix of residential and commercial uses on the boulevard, (2) preservation and enhancement of the pedestrian environment, (3) encouragement of the retention and appropriate alteration of architecturally and historically significant and contributory buildings, (4) conservation of the existing housing stock, (5) enhancement of the visual and urban design quality of the street, and (6) the establishment of an area appropriate for a medical center use (the "Van Ness Medical Use Subdistrict") to support citywide and regional health care at the transit nexus of Van Ness Avenue and Geary Boulevard, the following controls are imposed in the Van Ness Special Use District.

(c) Controls. All provisions of the Planning Code applicable to an RC-4 District shall apply except as otherwise provided in this Section.

(1) Basic Floor Area Ratio. The basic floor area ratio limit shall be 7.0 to 1 in the 130-foot height district and at the hospital site within the Van Ness Medical Use Subdistrict, and 4.8:1 in the 80-foot height district. These limits shall apply to dwellings notwithstanding Section 124(b) of this Code, including floor space used for nonaccessory off-street parking, driveways, and maneuvering areas. The floor area ratio may be increased to up to 7.5:1 for a medical office building if located within the Van Ness Medical Use Subdistrict. For definitions of Floor Area Ratio and Gross Floor Area, see Section 102. The provisions allowing a floor area premium set forth in Section 125(a) shall not apply in the Van Ness Special Use District.

(2) Housing Density. The restrictions on density set forth in the Zoning Control Tables shall not apply.

(3) Height and Bulk Restrictions. See Height and Bulk Map No. HT02. See Section 270 of this Code for bulk limits. However, medical centers within the Van Ness Medical Use Subdistrict subject to otherwise applicable standards for bulk limits per Sections 270 and 271(c)(2) shall be permitted to exceed such standards to allow for unique massing and volume required for medical facilities, if authorized as a Conditional Use pursuant to Section 303 of this Code, in lieu of findings otherwise required under Section 271 of this Code.

(4) Awnings, Canopies, and Marquees. Medical centers within the Van Ness Medical Use Subdistrict subject to otherwise applicable standards for awnings per Section 136.1 of this Code shall be permitted to exceed such standards to allow for coverage of patient drop-off and entry areas.

(5) Medical Centers within the Van Ness Medical Use Subdistrict subject to otherwise applicable standards for obstructions over streets or alleys per Section 136(c)(1)(B) of this Code shall be permitted to exceed such standards for vertical dimensions and horizontal projections for architectural features to provide visual interest, achieve appropriate articulation of building façades, and reduce pedestrian level wind currents.

(6) Rear Yards. The requirements of this Code applicable to rear yards may be modified or waived by the Zoning Administrator pursuant to Section 307(g) if all of the following conditions are met:

(A) The interior block open space formed by the rear yards of abutting properties will not be adversely affected; and

(B) A comparable amount of usable open space is provided elsewhere on the lot or within the development where it is more accessible to residents; and

(C) The access of light and air to abutting properties will not be significantly impeded.

This provision shall be administered pursuant to the procedures that are applicable to variances, as set forth in Sections 306.1 through 306.5 and 308.2 of this Code.

(7) Required Setbacks. Setbacks for buildings exceeding a height of 50 feet shall be regulated as provided in Section 253.2 of this Code.

(8) Limitation of Nonresidential Uses.

(A) Residential Uses; Ratio Established. In newly constructed structures, nonresidential uses shall only be permitted if the ratio between the amount of net additional occupied floor area for residential uses, as defined in this paragraph below, to the amount of occupied floor area for nonresidential uses in excess of the occupied floor area of structures existing on the site at the time the project is approved is 3 to 1 or greater. In additions to existing structures that exceed 20% of the gross floor area of the existing structure, nonresidential uses shall be permitted in the addition in excess of 20% only if the ratio between the amount of occupied floor area for residential use, as defined in this paragraph below, to the area of occupied floor area for nonresidential use is 3 to 1 or greater. This residential use ratio shall not apply to (i) development sites in the Van Ness Special Use District that have less than 60 feet of street frontage on Van Ness Avenue and have no street frontage other than the Van Ness Avenue frontage, or (ii) development consisting of new construction proposed for an Institutional Community Use at 1750 Van Ness Avenue, Assessor’s Parcel Block 0622, Lot 019. For purposes of this Section, “nonresidential uses” shall mean any use not defined as a Residential Use in Section 102 and principally or conditionally permitted in the Van Ness Special Use District.

(B) Reduction of Ratio of Residential Uses for Affordable Housing. The Planning Commission may modify the Van Ness Special Use District residential to nonresidential use ratio between Golden Gate Avenue and California Street as a conditional use in one of the following ways:

(i) In-Lieu Fee. By conditional use, the developer may elect to fulfill the obligation to build housing by paying an in-lieu fee to the Affordable Housing Fund as provided in Section 413 of this Code. No more than a 50 percent reduction of the required housing for a specific project can be fulfilled by paying an in-lieu fee. Use of these funds shall provide affordable housing within 2,000 feet of the Van Ness Special Use District. The in-lieu fee shall be determined by the following formula:

(1) (Lot Area × FAR)/4) × 3 = Residential SQ. FT. Requirement

(2) Residential SQ. FT. Requirement - Residential SQ. FT. Developed = LOSS

(3) LOSS × $15 = In-Lieu Fee

(ii) Providing Affordable Housing. By conditional use, the developer may reduce up to 50 percent of the required amount of on-site housing by maintaining a portion of that housing as permanently affordable for the life of the project. Affordable units shall be managed by a nonprofit housing agency through a duly executed agreement between the project sponsor, the nonprofit agency, and the Planning Department. The mix of affordable units retained in the project shall conform to the overall dwelling unit size mix of the project. The portion of retained residential that shall be affordable will be determined by calculating the number of market rate units that could be subsidized by the amount of "in-lieu fee" calculated in Paragraph (i) above. The number of square feet of affordable housing shall be calculated in the following manner:

(1) In-Lieu Fee / $30/square foot subsidy = Square Feet of Affordable Housing Retained in the Project

(iii) Annual Reporting, Evaluation, and Adjustments to Affordability and Fee Calculations. The Department shall report annually to the Planning Commission on the activity and utilization of Section 243(c)(8)(B). Based on an evaluation of this report, the Planning Commission may initiate a modification or deletion of Section 243(c)(8)(B). The dollar amounts used in the calculation for Paragraphs (i) and (ii) of this Subsection shall be subject to annual adjustments in accord with Section 409 of this Code. Affordability shall be defined by rents or sale prices affordable by households with no more than 80 percent of median income standards developed by HUD.

(iv) If the Planning Commission finds that taking into consideration projects constructed since the effective date of the Van Ness Special Use District and the housing development potential remaining in the District the overall objective of adding a substantial increment of new housing on Van Ness Avenue will not be significantly compromised, the Commission may by conditional use modify the 3:1 housing ratio or may modify the rules regarding the timing and location of linked projects if in addition to Section 303(c) standards of this Code it finds that:

(1) The project is to provide space for expansion of an established business from an adjacent site (for this purpose two sites separated by an alley shall be deemed to be adjacent);

or

(2) The project is to provide space for an institutional, hotel, medical, cultural, or social service use meeting an important public need which cannot reasonably be met elsewhere in the area; and

(3) Housing cannot reasonably be included in the project referred to in (1) and (2) above.

The Commission shall consider the feasibility of requiring the project to be constructed in such a manner that it can support the addition of housing at some later time.

(C) Off-Site Provision of Required Residential Space. For the purpose of calculating the 3 to 1 ratio between residential and nonresidential use, two or more projects for new construction within the Van Ness Special Use District may be considered and approved together as linked projects. The requirements of Paragraph (A) above may be satisfied if the aggregate amount of occupied floor area for residential use in two or more linked projects is at least three times greater than the aggregate amount of occupied floor area for nonresidential

use.

(i) Those building permit applicants who wish to link two or more projects for the purpose of meeting the 3 to 1 residential to nonresidential ratio shall file with the Planning Department a statement of intent identifying the applications covering the projects that are to be considered and approved together;

(ii) When the Planning Department approves an application for a project containing only nonresidential use and the project is linked to one or more other projects pursuant to the statement of intent filed with the Department, it shall include as a condition of approval a requirement prohibiting the project sponsor from commencing any work on the site until the Zoning Administrator issues a written determination that such work may proceed. The Zoning Administrator shall not issue such a determination until those permits authorizing the projects containing residential use have been issued and foundations have been completed at each such site;

(iii) If a permit for a project containing nonresidential use expires because of delays in the completion of foundations for linked projects containing residential uses, new permits may be approved for the nonresidential project within three years of such expiration without regard to the 3 to 1 residential ratio requirement if a Temporary Certificate of Occupancy or a Permit of Occupancy has been issued for each project containing residential use;

(iv) No building or portion of a building approved as a linked project that contains residential use required to meet the 3 to 1 residential to nonresidential ratio requirement shall be used for any nonresidential purposes; provided, however, that this restriction shall no longer apply if 50 percent or more of the non-residential occupied floor area in the linked projects has been converted to residential use, or has been demolished, or has been destroyed by fire or other act of God;

idential use required to meet the 3 to 1 residential to nonresidential ratio requirement shall be used for any nonresidential purposes; provided, however, that this restriction shall no longer apply if 50 percent or more of the non-residential occupied floor area in the linked projects has been converted to residential use, or has been demolished, or has been destroyed by fire or other act of God;

(v) The Zoning Administrator shall impose as a condition of approval of a permit authorizing the residential uses of linked projects the requirement that the owner record in the land records of the property a notice of restrictions, approved as to form by the Zoning Administrator, placed on the use of the property by this Section.

(D) Nonconforming Uses. A use which existed lawfully at the effective date of this Section and which fails to conform to the use limitation of Section 243(c)(8)(A) above, shall be considered a nonconforming use and subject to the provisions of Sections 180 through 188 of this Code, including the provisions of Section 182 regarding change of use, except as follows:

(i) In calculating the cost of structural alterations pursuant to Section 181(b)(4), the cost of reinforcing the building to meet the standards for seismic loads and forces of the 1975 Building Code shall not be included; and

(ii) Notwithstanding the provisions of Section 181(b), the structure occupied by the nonconforming use may be enlarged by an amount equal to 20 percent of the gross floor area of the existing structure.

(E) Demolitions. All demolitions of buildings containing residential use and all conversions from residential uses to nonresidential uses above the ground floor shall be permitted only if authorized as a conditional use under Section 303 of this Code, unless the Director of the Department of Building Inspection or the Chief of the Bureau of Fire Prevention and Public Safety determines that the building is unsafe or dangerous and that demolition is the only feasible means to secure the public safety. When considering whether to grant a conditional use permit for the demolition or conversion, in lieu of the criteria set forth in Section 303 of this Code, consideration shall be given to the adverse impact on the public health, safety and general welfare of the loss of housing stock in the District and to any unreasonable hardship to the applicant if the permit is denied. The definition of residential use shall be as set forth in Section 243(c)(8)(A), but shall not include any guest room in a building classified as a residential hotel subject to the Residential Hotel Unit Conversion and Demolition Ordinance.

blic health, safety and general welfare of the loss of housing stock in the District and to any unreasonable hardship to the applicant if the permit is denied. The definition of residential use shall be as set forth in Section 243(c)(8)(A), but shall not include any guest room in a building classified as a residential hotel subject to the Residential Hotel Unit Conversion and Demolition Ordinance.

A Conditional Use authorization shall not be required if the demolition permit is sought in order to comply with a court order directing or permitting the owner to demolish a building because it is unsafe. No person shall be permitted to construct anything on the site of a demolished building subject to such an order for a period of two years unless (a) the proposal is for at least the same number and size of dwelling units and guest rooms and the same amount of nonresidential floor area as that which was demolished or (b) the applicant requests and is granted an exemption from this requirement on the ground that the applicant has demonstrated that (1) the need for demolition did not arise because of the deliberate or unreasonable neglect of the maintenance of the building, or that (2) the restrictions would cause undue hardship to the property owner or that (3) the restrictions would leave the property without any substantial remaining market value or reasonable use.

(9) Residential Parking. Projects with parking which exceeds the amount permitted in Section 151.1 for an RC District shall be permitted if:

(A) the project was approved prior to the effective date of this Ordinance No. 232-14;

(B) the project builds no more parking than the amount approved; and

(C) the project proceeds to construction within three years of the effective date of this Ordinance No. 232-14.

(10) Medical Center Parking. Notwithstanding any contrary provision of this Code, the maximum parking provisions for the Van Ness Medical Use Subdistrict shall not exceed the lesser of 990 spaces or 125 percent of the minimum number of spaces required by Code in the aggregate for the Cathedral Hill Campus which, for purposes of this Subsection, shall be the Van Ness Medical Use District and Assessor's Block 0690, Lot 016, located at 1375 Sutter Street. Any parking sought up to this maximum but that exceeds the parking provisions outlined elsewhere in this Code may only be granted by the Planning Commission as a Conditional Use authorization.

(11) Medical Center Loading. Loading standards for medical centers within the Van Ness Medical Use Subdistrict applicable under Section 154(b) of this Code may be reduced from the required minimum dimensions through a Conditional Use authorization, provided that the dimensions provided will be sufficient to meet the reasonably foreseeable loading demands associated with the proposed facility.

(12) Adult Entertainment Businesses. Adult Businesses per Section 102 of this Code are not permitted.

(13) Entertainment Uses. Nighttime Entertainment and Arts Activities, as defined in Section 102 of this Code, shall require notification as set forth in Section 312 of this Code.

(14) Medical Center Street Frontages. If authorized as a Conditional Use under Section 303 of this Code, a medical center within the Van Ness Medical Use Subdistrict may deviate from the street frontage requirements of Section 145.1 of this Code, so long as the Planning Commission finds that the proposed street frontages otherwise achieve the intended purposes of Section 145.1 to "preserve, enhance and promote attractive, clearly defined street frontages that are pedestrian-oriented, fine-grained, and which are appropriate and compatible with the buildings and uses" in the surrounding areas.

(15) Reduction of Ground Level Wind Currents.

(A) New buildings and additions to existing buildings shall be shaped, or other wind baffling measures shall be adopted, so that the development will not cause year-round ground level wind currents to exceed, more than 10 percent of the time, between 7:00 a.m. and 6:00 p.m., the comfort level of 11 m.p.h. equivalent wind speed in areas of pedestrian use and seven m.p.h. equivalent wind speed in public seating areas. When pre-existing ambient wind speeds exceed the comfort levels specified above, the building shall be designed to reduce the ambient wind speeds in efforts to meet the goals of this requirement.

(B) An exception to this requirement may be permitted but only if and to the extent that the project sponsor demonstrates that the building or addition cannot be shaped or wind baffling measures cannot be adopted without unduly restricting the development potential of the building site in question.

(i) The exception may permit the building or addition to increase the time that the comfort level is exceeded, but only to the extent necessary to avoid undue restriction of the development potential of the site.

(ii) Notwithstanding the above, no exception shall be allowed and no building or addition shall be permitted that causes equivalent wind speeds to reach or exceed the hazard level of 26 m.p.h. for a single hour of the year. For the purposes of this Section, the term "equivalent wind speed" shall mean an hourly wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians.

i) Notwithstanding the above, no exception shall be allowed and no building or addition shall be permitted that causes equivalent wind speeds to reach or exceed the hazard level of 26 m.p.h. for a single hour of the year. For the purposes of this Section, the term "equivalent wind speed" shall mean an hourly wind speed adjusted to incorporate the effects of gustiness or turbulence on pedestrians.

(d) Van Ness Medical Use Subdistrict – Conditional Use for Medical Center. Within the Van Ness Medical Use Subdistrict, the boundaries of which are shown on Sectional Map No. SU02 of the Zoning Map, medical facilities affiliated with the same institution, separated only by a street or alley, shall be considered a single medical center for purposes of this section. The "Van Ness Medical Use Subdistrict" shall be defined as the area shown on Sectional Map No. SU02, to provide medical services by a licensed medical provider. The purpose of the Subdistrict is to allow for the development of a seismically compliant medical facility with unique design requirements not otherwise permitted within the Van Ness Special Use District. To the extent provided in Section 243, deviations from the controls of Section 243 shall be permitted in the Subdistrict relating to bulk, FAR, parking, loading, projections and obstructions over streets and alleys, and street frontage due to the unique requirements of new medical centers.

(Added by Ord. 537-88, App. 12/16/88; amended by Ord. 79-89, App. 3/24/89; Ord. 312-92, App. 10/9/92; Ord. 161-96, App. 4/24/96; Ord. 327-96, App. 8/21/96; Ord. 85-10, File No. 091271, App. 4/30/2010; Ord. 5-11, File No. 101091, App. 1/7/2011; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 131-13, File No. 120357, App. 7/11/2013, Eff. 8/10/2013, Oper. 9/9/2013; Ord. 227-14, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 232-14, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 58-22, File No. 220000, App. 4/15/2022, Eff. 5/16/2022)

AMENDMENT HISTORY

Divisions (b), (c)(1), (c)(4), [former] (c)(7), and [former] (c)(8) amended; Ord. 63-11, Eff. 5/7/2011. [Former] division (c)(8)(I) added; Ord. 140-11, Eff. 8/4/2011. Divisions (b), (c)(1), (c)(3), and (c)(4) amended; new division (c)(5) added and former divisions (c)(5)-(9) redesignated accordingly; [former] division (c)(9)(F) amended; new [now former] divisions (c)(9)(G) and (H) added and former divisions (c)(8)(G)-(I) redesignated accordingly; [former] division (c)(9)(L) and division (d) added; Ord. 131-13, Oper. 9/9/2013. Former division (c)(9)(F) deleted; former divisions (c)(9)(G)-(J) redesignated accordingly; former division (c)(9)(K) deleted; former division (c)(9)(L) redesignated accordingly; Ord. 227-14, Eff. 12/13/2014. Divisions (a) and (c)(4) amended; former division (c)(6) deleted and former divisions (c)(7)-(9) redesignated accordingly; new division (c)(9) added; former divisions (c)(9)(F)-(J) and (c)(10) redesignated as (c)(10)-(15) respectively; Ord. 232-14, Eff. 12/26/2014. Divisions (b), (c)(1), (c)(2), (c)(8)(A), (c)(8)(B)(iii), (c)(8)(D), (c)(8)(E), (c)(12), and (c)(13) amended; designation of former division (1) of division (d) deleted; Ord. 22-15, Eff. 3/22/2015. Division (c)(8)(B)(iii) amended; Ord. 188-15, Eff. 12/4/2015. Division (c)(8)(A) amended; Ord. 58-22, Eff. 5/16/2022.

In order to provide for certain areas with special building forms and natural characteristics, there shall be Residential Character Districts as designated on Special Use Districts Sectional Maps of the Zoning Map. In these Residential Character Districts, all provisions of the Planning Code applicable to the underlying R (Residential) District shall continue to apply to Residential Character Districts except as otherwise provided in the sections for the specific districts which follow or as shown on the Zoning Map. A Residential Character District may include residential design guidelines for that district, to supplement the "Residential Design Guidelines" published by the Planning Department, as amended from time to time.

(Added by Ord. 32-96, App. 1/11/96; amended by Ord. 188-15, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)

AMENDMENT HISTORY

Nonsubstantive changes; Ord. 188-15, Eff. 12/4/2015.

(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.

(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. 22-15, 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)

(a) Purpose. In order to provide for the consideration of a neighborhood-serving grocery store of moderate size in a location accessible to the Hayes Valley and Western Addition neighborhoods, there shall be a Fulton Street Grocery Store Special Use District, consisting of Lots 001 and 058 through 198, inclusive of Assessor’s Block 0794, between Laguna and Octavia Streets, as designated on Sectional Map 2SU of the Zoning Map. This Special Use District would enable the consideration of a project containing a grocery store in a district that does not permit such uses. This Special Use District would conditionally permit a grocery store that is a formula retail use, in order to allow consideration of a grocery store that is affordable to the neighborhood. This one-time lift of the ban on formula retail is intended to support an affordable grocery store that is committed to serving and hiring from the neighborhood. According to the U.S. Census Bureau’s 2017 American Community Survey, the median household income in the surrounding neighborhood is $24,041, and over one-third of residents in the neighborhood live below the poverty line.

(b) Definition. “Grocery Store” shall mean a retail use that provides fresh produce and other unprepared perishable food products (such as dairy, fish, grains), in addition to other general groceries, personal items, household goods, and similar goods. The term “Grocery Store” includes General Grocery and Specialty Grocery uses.

(c) Application. This Special Use District shall apply only to projects that meet all of the following standards:

(1) The project is mixed-use, with both commercial and residential uses;

(2) Commercial uses include a Grocery Store larger than 15,000 square feet of gross occupied floor area; and

(3) Residential uses achieve a density of not less than 1 unit per 600 square feet of lot area.

(d) Controls. The following controls apply to projects meeting the criteria of subsection (c) and to any subsequent alterations or changes of use in a building approved under this Section 249.35A.

(1) The controls of the Hayes-Gough NCT apply in their entirety, except as specified in this Section.

(2) All formula retail uses are prohibited, except for a Grocery Store, which may be permitted as a formula retail use, as defined in Section 303.1, through Conditional Use Authorization pursuant to Section 303.1. Pursuant to the Planning Code, any such formula retail Grocery Store shall be subject to all provisions of Section 303.1, including but not limited to subsection (j) of Section 303.1.

(3) Accessory off-street parking shall not be permitted for any commercial use except the Grocery Store.

(4) All subsequent changes of use shall require Conditional Use authorization from the Planning Commission. The only Non-Residential Uses that may be permitted in the space initially approved for a Grocery tore [1 ] shall include Trade Shop and Institutional Uses, excluding Medical Cannabis Dispensaries, and Hospitals, except that General Retail Sales and Services, Pharmacy, or General or Specialty Grocery uses may be permitted.

(5) In addition to the standard criteria for Conditional Use authorization, as set forth in Sections 303 and, if applicable, 303.1, a project sponsor proposing a Grocery Store shall also present information about the affordability of food for the Commission’s consideration. The Commission shall consider such information, as well as whether the project sponsor can demonstrate that the proposed Grocery Store will accept payment assistance, as set forth below.

(A) Acceptance of Payment Assistance. The project sponsor shall describe the proposed Grocery Store’s commitment to accept payment from individuals through assistance programs including but not limited to the United States Department of Agriculture’s (USDA) Supplemental Nutritional Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other similar public assistance programs.

(B) Food Affordability Projection. The project sponsor shall prepare a projection of food affordability at the proposed location and submit it for review by the Planning Commission. The projection shall consist of current retail pricing for a sampling of everyday grocery items that represent all categories within the market basket of foods maintained by the USDA’s Center for Nutrition Policy and Promotion for their Official USDA Food Plans.

(6) Signs shall be subject to the requirements of Article 6 of this Code, except that allowable business signs for the Grocery Store shall be limited to the following:

(A) Window Signs. The total area of all window signs, as set forth in Section 602.1(b), shall not exceed 10% of the area of the window on or in which the signs are located. Such signs may be non-illuminated.

(B) Wall Signs. The total area of all wall signs shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated or indirectly illuminated.

Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. The height of any wall sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. Such signs may be non-illuminated or indirectly illuminated.

(C) Projecting Signs. The number of projecting signs shall not exceed one per business. The area of such sign, as set forth in Section 602.1(a), shall not exceed 24 square feet. The height of such sign shall not exceed 24 feet, or the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the sign is attached, whichever is lower. No part of the sign shall project more than 75% of the horizontal distance from the street property line to the curbline, or six feet six inches, whichever is less. Such signs may be non-illuminated or indirectly illuminated.

(D) Signs on Awnings and Marquees. Sign copy may be located on permitted awnings or marquees in lieu of wall signs. The area of such sign copy as set forth in Section 602.1(c) shall not exceed 40 square feet on the Fulton Street frontage occupied by the use, and 40 square feet on the Laguna Street frontage occupied by the use. Such sign copy may be nonilluminated or indirectly illuminated.

(E) Freestanding Signs and Sign Towers. Freestanding signs or sign towers per lot shall not be permitted.

(e) Effectiveness of Controls in this Special Use District. The controls of this Section 249.35A shall apply only to a Grocery Store that the Planning Commission approves pursuant to the requirements of this Section 249.35A within 5 years of the effective date of the ordinance in Board File No. 190839 amending this Section.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 4-14, File No. 131085, App. 2/4/2014, Eff. 3/6/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 254-19, File No. 190839, App. 11/15/2019, Eff. 12/16/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021)

AMENDMENT HISTORY

Divisions (b) and (d)(4) amended; new division (d)(5) added; division (e) amended; Ord. 4-14, Eff. 3/6/2014. Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015. Division (d)(4) amended; Ord. 129-17, Eff. 7/30/2017. Divisions (a)-(d), (d)(2)-(d)(4), and (e) amended; new divisions (d)(5)-(d)(5)(B) added; former divisions (d)(5)-(d)(5)(E) redesignated as (d)(6)-(d)(6)(E); Ord. 254-19, Eff. 12/16/2019. Division (d)(4) amended; Ord. 63-20, Eff. 5/25/2020. Division (e) amended; Ord. 136-21, Eff. 9/4/2021.

CODIFICATION NOTE

1. So in Ord. 254-19.

Editor's Note:

This section originally was designated 249.34 when enacted by Ord. 72-08. The section was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended multiple times under its current number, as documented in the history note above.

In recognition of existing large parcels where a limitation on office square footage per lot would be proportionally inappropriate, to accommodate office space for activities that require space outside of downtown, to provide affordable office space to small firms and organizations which may be engaged in incubator businesses and microenterprises, and to accommodate office space in relation to the agglomeration of internal, telecommunications and related utility uses in the immediate area, there shall be a Design and Development Special Use District applied to certain portions of the South Basin area west of Third Street, and to parcels on Third Street near the intersections of Cargo Way, Custer Avenue, Davidson Avenue, Evans Avenue, and Egbert Avenue, as shown on Sectional Map 10 SU of the Zoning Map. The following provisions shall apply within such special use district:

(a) Except as described below, the specific use definitions and controls for PDR-1 and PDR-2 Districts, as detailed in the District's Zoning Control Table, shall apply to lots within this Design and Development SUD, including the accessory use provisions contained in Section 204.3 of this Code.

(b) Any Office use is permitted, limited to a floor area ratio of 0.25 of gross floor area to 1 square foot of lot area notwithstanding the office use size limitations of the PDR-2 District. In no case shall office use be limited to less than the size allowed in a PDR-2 District as detailed in the District's Zoning Control Table; nor shall it exceed a total of 50,000 square feet of gross floor area per lot.

(c) An Office use above the amount permitted in Section 249.35B(b) of this Code is permitted provided that it shall be limited to the following activities:

(1) design activities, including but not limited to architectural, graphic, interior, product, and industrial design;

(2) Business Service as defined in Section 102 of this Code;

(3) ancillary office activities related to internet, telecommunications, electronic networking or data storage service and maintenance;

(4) digital media and arts.

(d) For all Office use square footage greater than the amount permitted under 249.35B(b), a Notice of Special Restriction shall be executed by the Zoning Administrator and recorded in the Office of the County Recorder, specifying that the office activities are limited to the uses permitted under Planning Code Section 249.35B(c).

(e) For all Office use square footage greater than the amount permitted under 249.35B(b) of this Code, each individual business shall be limited to 5,000 square feet of gross floor area.

(f) Off-street parking spaces shall be provided in the minimum amounts as follows:

(1) for Office uses permitted under Section 249.35B(b), according to Table 151 of this Code;

(2) for office uses permitted under Section 249.35B(c), 1 space for every 2,500 square feet of occupied floor area.

(Added by Ord. 99-08, File No. 080339, App. 6/11/2008; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)

AMENDMENT HISTORY

Divisions (a), (b), and (c)(2) amended; Ord. 22-15, Eff. 3/22/2015.

Editor's Note:

This section originally was designated 249.34 when enacted by Ord. 72-08 and was redesignated by the editor in order to avoid conflicting with previously existing material. This section subsequently has been amended under its current number, as documented in the history note above.

(Added by 302-08, File No. 081333, App. 12/19/2008; amended by Ord. 75-12, File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 62-13, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; redesignated as Sec. 249.38 and amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)

(Added by Ord. 248-09, File No. 090388, App. 12/3/2009; repealed by Ord. 15-14, File No. 131086, App. 2/14/2014, Eff. 3/16/2014)

Editor's Notes:

This section originally was designated 249.41 when enacted by Ord. 248-09, approved 12/3/2009. The section was redesignated by the editor in order to avoid conflicting with previously existing material. The section was repealed under its current section number as shown in the history note above.

For current provisions relating to the 1500 Page Street Affordable Housing Special Use District, see Sec. 249.47.